HomeMy WebLinkAboutCouncil Actions 08-20-12ROSEN
39472 - 082012
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 20, 2012
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. Council Members Price and Trinkle were
absent.
The Invocation was delivered by The Reverend Robert A. Mullen, Pastor,
Shenandoah Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel3on
Thursday, August 23 at 7:00 p.m., and Saturday, August 25 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIORTO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY
COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH
PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S
HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT
ICON.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES
ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS
ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE
ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF
QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE
ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S
OFFICE.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL
MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE
TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL
MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE
NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC
HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE
ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED
THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY
CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
FAIR HOUSING BOARD - ONE VACANCY
HUMAN SERVICES ADVISORY BOARD -TWO VACANCIES
MILL MOUNTAIN ADVISORY BOARD - FOUR VACANCIES (ONE ZOO
REPRESENTATIVE)
ROANOKE CIVIC CENTER COMMISSION - THREE VACANCIES
ROANOKE NEIGHBORHOOD ADVOCATES -TWO VACANCIES
ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE
VACANCY (CITIZEN AT LARGE REPRESENTATIVE)
THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2012
CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT THE
CITY CLERK'S OFFICE OR ACCESS THE FORM ON THE CITY CLERK'S
WEBPAGE AT WWW.ROANOKEVA.GOV /CITYCLERK. DEADLINE FOR
RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 26, 2012.
The Mayor announced that there is a public open house session to provide
information to citizens about the proposed voter precinct realignment from
4:00 p.m. —6:00 p.m., in the EOC Conference Room, Room 159, Noel C. Taylor
Municipal Building.
Mayor Bowers also called for a Moment of Silence in memory of Velva
Wreden, former Roanoke City Public Schools educator.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Donation from the Roanoke Valley Garden Club in connection with the Elmwood
Park Restoration Project.
Katherine Knopf, Member, Roanoke Valley Garden Club, presented a $4,000.00
donation to the City for planting trees and shrubs along Bullitt Avenue at
Elmwood Park.
A resolution memorializing the late Byron Haner, former City Manager of the Cityof
Roanoke.
Adopted Resolution No. 39472-082012 (5.0).
Recognition of Fire -EMS Department for re- accreditation by the Center for Public
Safety Excellence.
The Mayor presented a framed copy of the Accreditation Certificate to Fire
Chief David Hoback.
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.
Larry Black, M. Rupert Cutler, Joann Lynch and Serena Atkins appeared
before the Council.
4. CONSENT AGENDA
(APPROVED 5 -0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C -1 Minutes of special meetings of the Roanoke City Council Personnel
Committee held on Monday, June 11, 2012 and Monday, June 25, 2012; and the
regular meeting of Council held on Monday, June 18, 2012.
RECOMMENDED ACTION: Dispensed with reading of the minutes and
approved as recorded.
C -2 Minutes of the Audit Committee held on Monday, June 18, 2012.
RECOMMENDED ACTION: Received and filed.
C -3 Reports of qualification of the following individuals:
Barry W. Baird as a member of the Building and Fire Code Board of
Appeals for a three -year term of office ending June 30, 2015;
Adam Boitnott as a Commissioner of the Roanoke Redevelopment
and Housing Authority for a four -year term of office ending August 31,
2016;
Gerardo (Jerry) Manuel Correa, Jr., as a member of the Personnel
and Employment Practices Commission for a three -year term of office
commencing July 1, 2012 and ending June 30, 2015;
Harvey D. Brookins as a City representative of the Western Virginia
Water Authority for a four -year term of office ending June 30, 2016;
and
Tim Steller as a City representative of the Court Community
Corrections Program Regional Community Criminal Justice Board for
a three -year term of office ending June 30, 2015.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
City of Roanoke 2010/2011 Carbon Emissions and Energy
Summary (Sean McGinnis) - 30 minutes
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
Acceptance and appropriation of funds for a federal Edward Byrne
Memorial Justice Assistance Grant from the Virginia Department of
Criminal Justice Services to support the Drug Market Initiative (DMI)
in the Melrose -Rugby neighborhood.
Adopted Resolution No. 39473 - 082012 and Budget Ordinance No.
39474 - 082012 (5 -0)
2. Acceptance and appropriation of funds for the Fiscal Year 2012
Edward Byrne Memorial Justice Assistance Grant Program from the
United States Department of Justice to support the Police
Department's bicycle patrol program and a radio system upgrade in
the Sheriffs Department.
Adopted Resolution No. 39475- 082012 and Budget Ordinance No.
39476 - 082012 (5 -0)
3. Acceptance and appropriation of funds for a Certified Local
Government grant from the Virginia Department of Historic Resources
in connection with the preparation of two National Register
nominations for the Melrose -Rugby and Riverland Historic Districts;
and assistance with an architectural survey and expansion of existing
boundaries of the Downtown Roanoke Historic District.
Adopted Resolution No. 39477- 082012 and Budget Ordinance No.
39478- 082012(5 -0)
4. Approval of a program to implement the use of mini grants in
connection with the Arts and Cultural Plan that was adopted in August
2011; and appropriation of funds.
Adopted Resolution No. 39479- 082012 and Budget Ordinance No.
39480- 082012(5 -0)
COMMENTS BY ASSISTANT CITY MANAGER.
Sherman M. Stovall, Assistant City Manager for Operations, offered the
following comments:
Complete Streets Policy Recognition
• Complete Streets Policy provides design guidelines for planning,
operation and maintenance of either new streets in the City or streets
being modified.
• Recently the National Complete Streets Coalition recognized the
Complete Streets Policy as one of the nation's leading examples of
safe smart transportation policies according to its recent nationwide
analysis.
• The coalition evaluated over 350 complete streets policies nationwide
and scored the City's policy on 10 criteria that is part of an ideal
policy. Overall the City of Roanoke had the tenth highest score
among all complete street policies based on the criteria.
Voter Precincts Realignment
• Meeting to be held in the EOC Room, Room 159, at 4:00 p.m.
Upcoming Events
• Western Virginia Education Classic Football game to be held on
September 1, at 1:00 p.m., at Ferrum College to support TAP'S
Dropout Retrieval Program.
• Taste of Culture event scheduled for Friday, September 14, on Wall
Street from 11a.m. to 2 p.m., Norway will be the featured country.
• 23rd Annual Henry Street Heritage Festival will be held on Saturday,
September 15 in Elmwood Park from 11:30 a.m. to 10:00 p.m.
• The Seventh Annual Greek Festival will also be held at Holy Trinity
Greek Orthodox Church on Saturday, September 15.
b. CITY CLERK:
Expiration of the two -year terms of office of the City Clerk, Director of
Finance and Municipal Auditor ending September 30, 2012.
Reappointment of City Clerk, Director of Finance and Municipal
Auditor for two -year terms ending September 30, 2014, adopted
5 -0.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for the FY 2012 -13 Project Graduation Summer Academy; and a
report of the Director of Finance recommending that Council concur in the
request. Margaret Lindsey, Director of Accounting, Spokesperson,
Adopted Budget Ordinance No. 39481 - 082012 (5 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Mayor Bowers called attention to Public Hearing Item No. 133(a)
scheduled to be heard by the Council at 7:00 p.m. He commented that
due to questions by the Council pertaining to revisions to the Zoning
Ordinance, adoption of the ordinance would be tabled until the
September 4 Council meeting; however, the public hearing would be
opened for public discussion and staff presentation.
Council Member Lea reiterated that the Western Virginia Football
Classic would be held at Ferrum College on Saturday, September 1;
and tickets were $5.00 each. He added that a $1,000.00 scholarship
would also be given in memory of Roy Stanley by WDBJ 7.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
AT 3:35 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M.,
IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL
BUILDING.
�y�x RO. LfG
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 20, 2012
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. Council Member Price was absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, August 23 at 7:00 p.m., and Saturday, August 25 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation recognizing and appreciating the efforts of the 4 Gorge Extension
Trail at Carvins Cove volunteers.
The Mayor presented a proclamation to Donnie Underwood, Parks and
Greenways Planner, Liz Belcher, Greenway Coordinator and volunteers.
B. PUBLIC HEARINGS:
Request of Kingdom Harvest Church to rezone property located at 2031
Routt Road, N. W., from Residential Mixed Density District, RM -2, to INPUD,
Institutional Planned Unit Development District. Corbin White, Agent,
Caldwell -White & Associates, Spokesperson.
Adopted Ordinance No. 39482-082012 (6-0).
2. Request of the City of Roanoke to rezone property and repeal conditions
proffered as part of a previous rezoning located at 1684 Courtland Rd.,
N. E., from Downtown District (D), with conditions, to Light Industrial District
(1 -1). R. Brian Townsend, Assistant City Manager for Community
Development, Spokesperson.
Adopted Ordinance No. 39483-082012 (6-0).
3. (a) Request of the City of Roanoke to amend the City Code in order to update
and clarify certain sections of the Zoning Ordinance. Christopher Chittum,
Planning Administrator, Spokesperson.
The Ordinance was tabled until the September 4 Council Meeting. (6 -0)
(b) A communication from the City Manager recommending an amendment of
the City Code to simplify the terminology regarding restriction on the keeping
of inoperable motor vehicles and to clarify the locations in which these
vehicles may be kept in connection with zoning districts specified in Chapter
36.2, Zoning.
Adopted Ordinance No. 39484-082012 (6-0).
4. Proposal of the City of Roanoke to enter into a contract conveying a portion
of the City's Market Garage located at 25 Church Avenue, S. E., to South
Commonwealth Partners, LLC, (South Commonwealth) in order for South
Commonwealth to construct on, make improvements to, and renovate
portions of Market Garage so that a hotel can be built in the conveyed Air
Rights above Market Garage, within the ground floor space being sold, and
within such other easements as may be necessary for the operation of such
hotel. R. Brian Townsend, Assistant City Manager for Community
Development, Spokesperson.
Adopted Ordinance No. 39485- 082012 (6 -0).
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Maggie Lee appeared before the Council.
D. ADJOURN -8:43 P.M.
10
August 20, 2012
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P Lea
Anita I. Price
Court G. Rosen
David B. Trinkle
This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of
Council on Monday, August 20, 2012. Best wishes for a successful meeting.
Sincerely,
Anita J. Price
Council Member
AJP /ctw
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011 -1536
Telephone'. (540) 853 -2541
DAVID A. BOWERS
Fax_ (540) 853 -1145
Mayor
August 20, 2012
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P Lea
Anita I. Price
Court G. Rosen
David B. Trinkle
This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of
Council on Monday, August 20, 2012. Best wishes for a successful meeting.
Sincerely,
Anita J. Price
Council Member
AJP /ctw
STEPHANIE M. MOON, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Co.: (540)853 -1145
E -mail: clerk®roauukeva.gov
Mr. Stephen Haner
413 Stuart Circle, Unit 3B
Richmond, Virginia 23220
Gentlemen:
August 21, 2012
Mr. Daniel Haner
1738 Killareny Court
Vienna, Virginia 22182
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 39472 - 082012 memorializing the late Byron
Edmund Haner, former Roanoke City Manager and longtime resident of the City of
Roanoke.
On behalf of the Roanoke City Council and the citizens of the City of Roanoke, I wish to
express our deepest regret and sorrow at the passing of your father, Byron Edmund
Haner.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
Enclosure
Byron E. Haner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2012.
No. 39472- 082012.
A RESOLUTION memorializing the late Byron Edmund Haner, former
Roanoke City Manager and longtime resident of Roanoke;
WHEREAS, the members of Council learned with sorrow of the passing of
Mr. Haner on Wednesday, June 13,2012;
WHEREAS, Mr. Haner was born in Michigan, the son of the late Carl
and Ethel Haner;
WHEREAS, Mr. Harter was a graduate of Beaver High School in
Bluefield, West Virginia, and the Virginia Tech College of Architecture;
WHEREAS, Mr. Haner enlisted in the United States Army Air Forces in
January 1942; and spent the duration of World War 11 as a radio operator in the
Air Transport Command;
WHEREAS, Mr. Haner was the first American to fly the polar supply
route with the Royal Canadian Air Force during World War II;
WHEREAS, Mr. Haner returned to Virginia Tech to complete his master's
degree in architecture after winning an honorable mention in a design contest
judged by Frank Lloyd Wright;
WHEREAS, Mr. Haner married the late Ann Shufflebarger of Bluefield,
Virginia, in 1947; the couple celebrated their 60' anniversary before she passed
away in 2007;
WHEREAS, Mr. Haner was living and working in Roanoke with the firm
of Stone and Thompson when he was recalled to duty as a second lieutenant and
spent a year in Korea;
A
WHEREAS, Mr. Haner elected to stay in the Air Force as abase engineer
and missile facilities engineer, serving in Texas, France, Libya, Turkey and
California; and before retiring from the Air Force in 1967, he was part of a team
that suggested today's Air Force Red Horse Squadrons;
WHEREAS, Mr. Haner began his second career in city management as
Assistant City Manager of Roanoke; and left in 1972 to become manager of
Colonial Heights, then returned to Roanoke in 1973 as City Manager, and
finally returned to Colonial Heights as City Manager in 1978 before retiring in
1984;
WHEREAS, Mr. Haner was Roanoke's fourth City Manager using
techniques he learned in the Air Force to improve local government efficiency;
WHEREAS, Mr. Haner supervised the construction of the Roanoke City
Municipal Building;
WHEREAS, Mr. Haner was an active member of First Presbyterian
Church and the Kiwanis Club during his years in Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Byron Edmund Haner, and extends
to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. Haner's two sons, Stephen and Daniel Haner.
ATTEST:
Stephanie M. Moon, MMC
City Clerk
APPROVED
David A. Bowers
Mayor
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The Roanoke Fire -EMS Department has been internationally re- accredited by the
Center for Public Safety Excellence (CPSE) Commission on Fire Accreditation
International (CFAI).
The department began preparing for a peer assessment site visit last year. Four
peer assessors visited the department in May, 2012 and found that the
department was credible in all ten evaluation categories which included fire
suppression, training, emergency medical services, fire prevention, and finance.
Members of the Office of the Chief, along with Assistant City Manager Sherman
Stovall, attended the Accreditation Commission hearing on August 1 in Denver,
Colorado.
Roanoke Fire -EMS was originally accredited in 2002. The department gained re-
accreditation in 2007. This marks the third time the department has went
through the accreditation process. Roanoke Fire -EMS is one of only 143
accredited departments in the world and only 9 in the Commonwealth of
Virginia.
The re- accreditation demonstrates that our Fire -EMS Department meets
international standards for the provision of fire and emergency management
services.
Speaker 11
I was forewarned; but I was, nevertheless, amazed
that The Roanoke Times would devote one -third of a
page of the Horizon Section to fiction. I refer to the
Point Counterpoint topic "What would be the best use
for the Market Square parking lots ?"
There are no parking lots in Market Square. If
anyone had taken the time to do some research, one
might have found a diagram, Exhibit C, of the Market
Handbook dated September 29, 2003, signed by Darlene
Burcham, City Manager.
This diagram, in the lower right -hand corner has, in
upper case print, the legend:
MARKET SQUARE VENDOR STALL LAYOUT
The diagram clearly reflects painted stripes on
Market Street and in Market Square. Those painted
stripes are designed to permit parking under ordinary
circumstances. However, in the Historic Roanoke City
Market, they identify Vendor Stalls in Market Square
and along Market Street from 8:OOam until 5:00pm.
There are 53 numbered Vendor Stalls; and, at times, all
have been occupied. However, if a Vendor does not occupy
a stall before 9r00am, it becomes a public parking space for
the time indicated on the parking signs scattered about
Market Street and Market Square.
I suspect that one reason people confuse a Vendor
Stall for a parking space is the fact that there are no
permanent tables or canopies for the Vendors along
Campbell Avenue, the northern boundary of Market
Square. There are tables and canopies for Vendors on
the southern boundary of Market Square. There used to
be tables and canopies near the western boundary of
Market Square, but they were removed when the
decision was made to permit Market Street to be a
straight street between Campbell Avenue and Church
Avenue. I think access to Old Fire Station #1 for
firefighting units was a reason for the straight line.
Now might be good time to address what is the
best use of Market Square. I hasten to re- affirm that the
best use would be exactly what has been the best use for
about 125 years, serving as one -half of the Historic
Roanoke City Market.
It appears that City Council has indicated that it's
willing, at least, to consider whether the revamping of
Market Square is in the best interest of the City.
DRI is, likewise, going to consider whether the
revamping is in the best interest of, to quote Mr. Luther,
". . . a dynamic array of locally -owned stores and
restaurants." I suspect it was simply an oversight of Mr.
Luther's to fail to include the Market Vendors among
the dynamic array.
The Vendors are, obviously, concerned about their
small businesses; but they have much smaller voices.
When Center in the Square decided to set forth on its
$28 million renovation, West Market Square was chosen
for the Center's staging area. Instead of 11 Vendors
setting up their tables, huge cranes and 8' metal fencing
took over West Market Square.
Many Roanoke Valley citizens began going to the
Market with their parents and grandparents. Now, they
take their children and grandchildren with them. It's
most likely that many of their parents and grandparents
were taken to the Market by their parents and
grandparents. A 125 -year history involves many people.
The Vendors, also, must confront the whims of
Mother Nature — with a short growing season and
conditions too wet, too dry, too hot, or too cold, they try
to earn a living.
In all candor, those seeking to present a plan for a
pedestrian - friendly Market Square may come up with a
plan that does not require that any Vendor lose his /her
Vendor Stall. If so, City Council, and DRI will act in the
best interests of those whom they serve.
A friend, a native Roanoker, told me that when he
was a child, buses used to bring citizens to the Historic
Roanoke City Market where they could shop with the
Vendors and the various Merchants in the City Market
Building. When shopping was finished, the buses would
take them home.
Currently, the entire route of the "Star Line
Trolleys," a free public transit, links Roanoke Memorial
Hospital and the City Market Building on week days.
Also, it will become part of the River's Edge Service
District.
The Trolleys should be available to transport
citizens to the Historic Roanoke City Market on
Saturdays. New routes could be designed to incorporate
designated pick -up /drop -off sites in each of the
northern, eastern, southern, and western sections of the
City.
Now, that's what I call Pedestrian - Friendly.
Everyone wins!
Larry Thomas Black
Speaker 11
Chapter One
THE VENDOR STALLS HAVE NAMES
Some years ago, I considered writing the stories of
the people, living and deceased, who gave the Historic
Roanoke City Life. It didn't happen.
Now, one -half of the Roanoke City Market, Market
Square, is being considered for renovation to make it
more pedestrian friendly. It is unclear to me just how
much more pedestrian friendly Market Square can be
when the Market is open.
Perhaps this is the time to begin telling the stories
of the people, the flesh and blood people, who by the
sweat of their brows, and their devotion to "The Market"
began what was to become the oldest outdoor Farmer's
Market in the Commonwealth — and one of the oldest in
the Country.
LET THEIR STORIES BEGIN
For more than 125 years, citizens of the Roanoke
Valley regularly traveled by wagons and carriages, drawn
by horses, to what has been often called the "Heart" of
Roanoke.
In later years, buses and trolleys replaced the
horses; and the citizens still came to the "Farmer's
Market." The "Heart" has been called many names, but
it is now called The Historic Roanoke City Market.
For the same 125 years, Vendors have traveled to
the Market by their own horse —drawn wagons and
carriages, to sell vegetables, fruits, eggs, plants, meat,
and everything the citizens needed to feed their families.
Horses were replaced by trucks and other vehicles, and
the Vendors still regularly come to "The Market" from
as far away as Dublin, Rocky Mount, Martinsville, and
Stuart. They come in spite of weather and wars, in spite
of sickness and fatigue. For their dedication to the
Market, I have often called the Vendors "the Heart's
Blood of the Market."
GLADYS KING told me that the families of
SHAVERS, CONNERS, and KINGS took one day's
travel to get to the Market from Bent Mountain and
another day to go home. They could only leave from the
Market when they had made sure their horses didn't
leave anything laying on the ground.
As the citizens wandered through the Market, they
came to know the Vendors by name; and the Vendors
looked forward to seeing those customers at least once a
week throughout the growing season, and during the
Christmas season for greenery with which to decorate
their homes.
With the passage of time, many of the names have
become legendary because of their contributions to the
Market, and are remembered only by the older citizens
of Roanoke. Some have passed away; some have passed
their love for the Market on to their progeny who
continue to serve the citizens of Roanoke; and some are
legends in our own time.
I have only lived in the Roanoke Valley for about 10
years; but among the legends of whom I have heard, one
was BIG MAMA MARTIN, who came to the Market
around 1906 as a small child, and who saw the first auto
drive down Campbell Avenue. I am told that Big Mama
would arrive on the Market wearing a bonnet and would
sit in her rocking chair "supervising" in front what was
known as the Thomas Market (until the Center in the
Square renovation). When the Market closed, she would
go home. After Big Mama passed away, her rocking
chair, with the bonnet, positioned on the chair, sat in
front of Thomas Market, empty, in her memory.
Another legend, this in our own time, is MS..
MARLENE GRISSO. She was a native of Germany and
came to Roanoke after World War II. She and PAUL,
her husband had a peach orchard up on Chestnut
Mountain. They would bring their peaches to the
Market in season. Ms. Grisso became a legend, not
simply because she and her husband had great peaches,
but because she always came to the Market in beautiful
dresses with a corsage on her shoulder and flowers in
her hair.
Among those legends who, to use a relay phrase,
passed the baton, was GRANNY WOODS, who not only
raised her son JIM and his wife to be farmers, but also
her grandson, MARK, as well as other family members.
MARK has "carried the torch" to the Market since a
teenager. MARK has a young daughter and we can
expect that, in time, she will be helping Dad on the
Market.
Vendors on the Market, like the produce, plants,
and articles they sell, are truly unique. PENNY LANE
made exquisite (a word not used frequently) jewelry
from fungus she gathered in Floyd.
STUART and BETTY GUTHRIE brought their
son TOM and his wife, DEBBIE, into the Market and
they are continuing the tradition.
ERNEST NICHOLS, now deceased, also brought
his sons, BOB and HAROLD, and their families, to the
Market from Boone's Mill.
GEORGE NUNLEY and his brother LEWIS as
children, came to the Market in a truck driven by their
father with produce from the farm in Callaway.
JACK FERGUSON, "The Good Egg," is a World
War II, veteran as a crewman on a B -24 Liberator
Bomber. JACK has come to the Market almost every
Saturday since returning from the war to sell eggs and
greens, and other vegetables.
CHARLIE LAVINDER, a retired USAF Master
Sargeant, and his brother, FOREST, brought their
apples and peaches to the Market in a B Model Ford
driven by his father. CHARLIE said his Dad had a T-
Model Ford but FOREST wrecked it. When his brother
passed away, CHARLIE continued to bring his fruit and
some vegetables to Market from the shadow of 12
o'clock knob.
BEN CROOKS, a Vietnam veteran, who is also a
paleontologist, has contributed fossil collections to
Center in the Square and has stimulated the curiosity of
a multitude of children who see dinosaur teeth and other
fossils that they can touch.
GENE BARFIELD, a retired Navy veteran, a part -
time archeologist /palenotologist and a renowned
professional photographer whose work includes photos
of Europe, Greece, the Far East and other sites inside
and outside of the Roanoke Valley. His daughter, KARI
LEMAY, sees what others would call junk, trash, or
discards; but in her eyes, and with the touch of an artist,
NANCY and GLADYS KING are the Vendors for
King Brothers Farms on Bent Mountain where families,
even today, have to contend with deer and black bears.
Fortunately, neither species are brought to the Market.
HOLLY SHAVER has been coming to the Market
for sbout 20 years with Holly's Homemade Treats —
including fruitcakes, pound cakes, and many varieties of
salsoa
RUDY and DEBBIE SAUNDERS began on the
Market as daily Vendors and showed up every day, with
jewelry, purses, birdhouses, and walking canes,
notwithstanding the difficulty they experienced in
getting to the Market. They became primary Vendors
Until health problems interfered, SCOTT and
BEVERLY TRAINO came to the market from
WestVirginia with produce and BEVERLY'S very
special dried wreaths.
JULIA and JOE LIGHT, her youngest son, have
been Vendors with irises, gladiolas, and black walnut
cakes for several years. One could almost tell when
Spring came to the Roanoke Valley for JULIA brought
the first Daffodils to the Market. JULIA passed away
but JOE, with JULIA'S instructions has carried on her
lagacy.
EZERA WERTZ, a longtime Vendor, and his, then
son -in -law, GSRY CROWDER, operated a Country
Store at the corner of Kirk Avenue and Market street,
and sold produce the grew in the Cave Springs area.
During the flood of 1985, the water was about 4 to 6 feet
deep in the basement of the store. GARY still operates a
vendor Stall
DANA JAMES is an artist in stained glass in sizes
from sun catchers to leaded, stained glass windows —
created to order. DANA often brings her young son to
the Market with her.
CHLOE IVES, the creative artist of Little Blue
Woman Candles, has her studio in Floyd and was a
Vendor on the Market for several years. Considering the
nature of her beautiful and unique candles, she didn't
show up too frequently in mid - summer because of the
heat. CHLOE married STEVE HIGGINS and he
became the Vendor and still comes to the Market,
weather permitting. CHLOE and STEVE not only have
unique and beautiful candles, they have also produced
two beautiful daughters.
It is extremely important that The Roanoke City
Council and the City Administration always keep in
mind that when a truck backs into a Vendor Stall,
something wonderfully magic occurs; the truck becomes
a warehouse; the Vendor Stall becomes a business; and
the Vendor becomes a salesperson endeavoring to earn a
living and there 53 such Vendor Stalls on the Market and
24 of those are in Market Square
THERE ARE MANY MORE VENDORS
AND MORE STORIES YET TO BE TOLD
Larry Thomas Black
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 20, 2012
2:00 P.M.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS
The Need to Encourage Maintenance of Vacant Properties
Mayor and Members of Council, I am Rupert Cutler of 204 South
Jefferson Street in downtown Roanoke.
I am concerned —as I know you are - -about the unattractive
appearance of vacant properties in our city, including the empty storefronts
downtown where I live. Empty properties with dirty windows and unswept
entrances make streets appear to be semi - abandoned and dangerous.
I know that your code enforcement people, together with police, fire,
inspections, and other departments, are working hard to enforce state law
and that there is a targeted neighborhood program being applied in Hurt
Park and around the West End Center. I understand that there is little
incentive and few real penalties, with our strong property rights, to get
property owners do more than the minimum if the property is vacant or
under -used. I know that aggressive enforcement will only get the property
to the minimum, and that only after going to court. And our local judges
have not given high priority to enforcing the cases your staff brings them.
Long term, the best way long term to reduce blight, especially
downtown, probably is to build off the economic development we've had
recently and make the vacant properties so valuable that they will get into
the hands of people who will do something productive with them.
Meanwhile, I suggest you zero in on the issue, by adopting a specific,
comprehensive, city -wide program designed to encourage vacant property
revitalization. The elements of such a program can be obtained from the
Vacant Properties Network of the International City /County Management
Association or ICMA.
The leader of ICMA's Vacant Properties Network is a faculty member
at Virginia Tech, Professor Joseph Schilling. You could ask Professor
Schilling to apply his expertise to Roanoke and make our city a field study
location for his graduate students.
A report he wrote recently for the ICMA, "The Revitalization of Vacant
Properties" states:
"Those who live near the squalor of vacant properties suffer adverse
impacts on their sense of community, overall quality of life, and property
values. Vacant properties often contain an array of conditions that pose
serious threats to public health and safety."
Richmond, Virginia, is a member of ICMA's Vacant Properties
Network. Richmond's older and historic housing stock created vacant
properties along with the associated problems of blight and crime. Vacant
properties present a major citywide challenge for Richmond, but the
strategic targeting of resources through its "Neighborhoods in Bloom"
initiative provides a model that effectively links code enforcement and
rehabilitation resources. Within the six target neighborhoods, there are
fewer vacant and derelict houses and less crime.
You could invite Professor Schilling and a spokesperson from
Richmond's "Neighborhoods in Bloom" program here to suggest additional
ways we can address the problem of unattractive and dangerous vacant
properties in Roanoke.
I know you are providing fagade grants to commercial building
owners downtown, and this has helped improve the downtown scene
where I live. But the poorly maintained, empty storefronts leave a poor
impression on visitors.
Thank you.
Rev,setl
Miscellaneous: City Council 08/30/12
�I CITY COUNCIL REPORT INFORMATION ONLY
To: Honorable Mayor and Members of City Council
Date: August 30, 2012
Subject: Four Flavors Ja Merican Report: 3326 Williamson Rd NW
In regards to the concerns presented before City Council on Monday August 20, 2012 by Ms. Joann
Lynch, Serena Atkins and Maggie Lee about Four Flavors Ja Merican Restaurant located at 3326
Williamson Road, NW, their concerns were followed up and findings are as follows:
Ms. Lynch is the president of the recently formed neighborhood watch group Greater Huntington
Court Neighborhood Watch. She resides at 2803 Huntington Boulevard, NW. The group was formed
around the beginning of Summer 2012. They have approximately 35 to 40 active participants each
month. After a weekend altercation in the parking lot adjacent to Four Flavors Ja Merican on
Saturday, August 18, 2012, Ms. Lynch and two other neighborhood watch advocates presented their
concerns to City Council on August 20, 2012. Mr. Abdul Kamara is the owner of Four Flavors Ja
Merican Restaurant. He leases the space from Mr. Lung Thi Luong, a resident of 5833 Darby Road,
Roanoke, VA 24012.
Police Presence:
Mr. Kamara often hosts 'After Parties' at his restaurant on weekend nights. These parties are the
base cause of the activities that spill into Ms. Lynch's neighborhood. Since June 1, 2012 there have
been 5 citizen calls to Egl 1 concerning Four flavors, 2 of which originated by Mr. Kamara and 3
from the community. During that same time period officers patrolling the area have initiated 8
incidents based on observations, primarily intoxicated subjects or disorderly conduct. District
Officers have monitored the business as time and call load allowed and Street Crimes Unit also
monitored the crowds at the business.
Currently, the parking lot adjacent to Four Flavors where many of the arrests are occurring has a No
Trespass Bar in place which allows police to arrest trespassers on private property. Mr. Kamara has
told police officers that he has been given permission by the parking lot owner for customers of
Four Flavors to park in the lot.
Zoning:
The current Certificate of Occupancy (CO) was approved for a restaurant space. The restaurant is
zoned as an eating establishment which allows them to serve food but not alcohol. A special
exception would have to be granted by the Board of Zoning Appeals if the owner planned to serve
alcohol at Four Flavors. The CO allows restaurant occupancy of 5o people.
Code Issues:
On Tuesday August 21, 2012 members of the code team met with Mr. Kamara and Lung Ti Luong
and inspected the property at 3326 Williamson Road. One restroom was found to have a weak floor
and was condemned, reducing building capacity to 40 persons. The range hood in the kitchen was
inoperable, Mr. Kamara was given until Friday August 24, 2012 to make repairs or his kitchen would
be shut down. The team also found three types of mold in the basement and found the floor to be
improperly supported. Kamara and Luong were given 30 days to resolve those issues or the
building would be condemned.
Business License:
Business License was acquired in April 2012 with the restaurant opening. Mr. Kamara is in good
standing on his license.
Health Inspection:
A restaurant inspection was conducted on April 12, 2012 prior to the opening of Four Flavors. No
critical or non - critical violations were reported. There are no other inspections on record for Four
Flavors at this time.
ABC License:
Shortly after the restaurant opened in April 2012, ABC was called out to the restaurant for a private
party where alcohol was being served. A violation notice was served to the business and they
agreed not to serve alcohol on the premises again.
Mr. Kamara was charged with possession of alcohol on the premises of Four Flavors. He was found
guilty in court on July 9, 2012 for having alcohol containers behind the bar without an ABC license.
The special agent with ABC has followed up twice at the restaurant with no incident.
Neighborhood Community Walk:
Tuesday evening, the Zone 2 community walk was done in the neighborhood behind Four Flavors.
Mr. Kamara joined the group walking and met many of the neighbors. During the walk Ms. Lynch
and Mr. Kamara had open dialogue about issues and concerns in regards to the business and the
neighborhood.
Following the walk, staff spoke with Mr. Kamara. Police and Code Enforcement spoke at length with
him about his operational issues for his restaurant. Mr. Kamara stated that in light of the issues in
the neighborhood and the problems identified by the Code Team, he feels that it may be best to
close for a time to make repairs and when he reopens he plans not to host the 'After Parties'.
0-- 1 i - Wx ------------------
CHRISTOPHER P. MORRILL
City Manager
Distribution: City Council Appointees
Christopher Perkins, Chief of Police
Dan Webb, Code Compliance Coordinator
MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: June 18, 2012
Time: 12:46 p.m. to 1:15 p.m.
Attendees: Sherman Lea, Audit Committee Chair
Court Rosen, Audit Committee Member
David Trinkle, Audit Committee Member
Drew Harmon, Municipal Auditor
Andrea Trent, Assistant Director of Finance
Tim Spencer, Acting City Attorney
Chris Morrill, City Manager
Dawn Hope Mullins, Assistant Municipal Auditor
Pam Mosdell, Information Systems Auditor
Debbie Noble, Senior Auditor
Ann Clark, Senior Auditor
Denise Martin, KPMG Engagement Manager [via telephone]
Tim Conner, KPMG Audit Partner [via telephone]
Sherman Stovall, Assistant City Manager— Operations
Mrs. James, Citizen
Anita Price, City Council Member
Call to Order
Mr. Lea called the meeting to order at 12:46 p.m. Due to a lack of quorum, the June 6" meeting
was rescheduled to today. Mr. Lea expressed his appreciation to City management for
attending. He also noted that Andrea Trent was sitting in on behalf of Ann Shawver, Director of
Finance.
2. KPMG — Audit Plan for Year Ended June 30, 2012
Mr. Conner and Ms. Martin briefed the Committee on the FYI Audit Plan. The engagement
team will remain primarily the same as last year. A planning session was held with
management in April and KPMG provided training to City staff in May. KPMG will be auditing
the City and City of Roanoke Pension Comprehensive Annual Financial Reports [CAFR]. They
will also issue an opinion on federal grant expenditures [Single Audit]. Civic Facilities and
Roanoke City Public School financial statements will be audited by other firms.
Page 1 of 3
Audit Committee Minutes June 18, 2012
Work has begun on the City CAFR audit and Single Audit. Substantive audit procedures will be
performed on June 30, 2012 balances. Ms. Martin briefly explained E- Audit, KPMG's electronic
audit management tool. Two new accounting pronouncements go into effect this year. The
pronouncements are not materially applicable to the City and are not expected to have any
significant impact on financial reporting. Three new auditing standards are in effect for Fiscal
Year 12. These are refinements of previous standards and outline procedures auditors are
required to perform over supplemental information accompanying financial statements. There
will not be a signif icant difference from audit work previously done.
The current year Single Audit programs to be reviewed have been anticipated. Ten programs
have been preliminarily selected. Mr. Conner discussed the areas evaluated related to audit
risk including changes to major component units, current economic conditions, and the
reduction in ARRA funding. No major challenges are expected.
Mr. Morrill asked if KPMG will audit based on a proposed accounting standard requiring
reporting on future economic conditions. Mr. Connor replied that the economy is only
considered as a risk factor. KPMG staff will not audit based on future requirements.
Mr. Conner discussed the various areas of support KPMG receives from City personnel during
the engagement and the liaison role undertaken by Municipal Auditing. He further discussed
the role materiality and audit sampling play in their audit work. Mr. Conner asked Committee
Members to contact him there are any audit areas of emphasis they would like KPMG to
consider.
3. Audit Findings Follow -Up
Mr. Harmon briefed the Committee on audit follow -up. Items discussed included
Transportation — Paving — Management has identified tools to help evaluate streets. Streets are
currently being mapped. Department personnel are working with the state to identify streets
which should be added to the City's inventory and for which the City should receive
reimbursement. An asset inventory system is a longer term project and the investment needed
to implement such a tool is under evaluation by management. Auditing is supportive of that
effort.
Fixed Asset Inventory Count — Most of the outstanding items were cleared. The remaining
reconciliation between the Fleet system and Advantage Financial System is in progress.
Municipal Auditing will take another look at this item when it is complete.
Lawson HRIPavroll System — Final steps to complete management's action plans were recently
completed. Auditing plans to review the effectiveness of the changes once adequate data is
available and will close out the finding at that time.
Page 2 of 3
Audit Committee Minutes June 18, 2012
GRTC Furniture Replacement Project and GRTC Credit Card Fuel and Travel Expenses —
Substantially all corrective actions from the investigation have been completed. The U.S.
Attorney's Office has obtained convictions related to both cases. Mr. Lea commented that the
work of Municipal Auditing staff was a critical piece of the government's case. Mr. Harmon
noted that Ms. Mullins was the lead person on the audits and that the federal agencies involved
have been highly complementary of her and the audit work.
The Committee had no further questions. The memos were received and filed without
objection.
4. Clerk of the Circuit Court
This is an annual audit required by the Virginia Auditor of Public Accounts [APA]. The APA
specifies the audit work to be performed. Municipal Auditing staff performs part of the audit in
lieu of the city paying an audit fee. The audit results were very good. There were no findings
noted by either Municipal Auditing or the APA.
The Committee had no questions and the reports were received and fled.
5. Other Business
Mr. Harmon reported that the Fraud, Waste, and Abuse Hotline roll -out is complete and went
very well. Information outlets included the City Corner, City News at a Glance, NewsBytes, and
a news story by W SLS. Municipal Auditing staff are also briefing City personnel about the
hotline during new employee orientation and the Ethics and Core Value class. The department
has received responses via the hotline and the Audit Committee will receive quarterly briefings
on hotline activity beginning with the next meeting.
Mr. Lea recognized Mr. Morrill as the new Government Finance Officers Association president
of GFOA and extended congratulations on behalf of the Committee.
Adjournment
Mr. Lea adjourned the meeting at 1:15 pm.
Page 3 of 3
August 21, 2012
Jonathan Craft, Secretary
Building and Fire Code Appeals Board
Roanoke, Virginia
Dear Mr. Craft:
This is to advise you that Barry W. Baird has qualified as a member of the Building and
Fire Code Board of Appeals for a three -year term of office ending June 30, 2015.
Sincerely, �/ l
i"nc7 — �n - mo'�vJ
Stephanie M. Moon, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
!`
Roanoke, Virginia 74011 -1536
Telephone: (540)853 -2541
Taa: (540) 853 -1145
E -mail rlerkCroanakeve.gov
JONATHAN E. CRAFT
STEPBANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELLk T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Jonathan Craft, Secretary
Building and Fire Code Appeals Board
Roanoke, Virginia
Dear Mr. Craft:
This is to advise you that Barry W. Baird has qualified as a member of the Building and
Fire Code Board of Appeals for a three -year term of office ending June 30, 2015.
Sincerely, �/ l
i"nc7 — �n - mo'�vJ
Stephanie M. Moon, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
1, Barry W. Baird, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Building and Fire Code Board of Appeals for a
three -year term of office, commencing July 1, 2012 and ending June 30, 2015,
according to the best of my ability. So help me God
BARRY W. BAIRD
The foregoing oath of office
was ��'�taken, sworn to, and subscribed before me by Barry W.
Baird this day of 2012.
S. Hamilton, Clerk of the Circuit Court
I MUOW
Ckje I'oaths and yualihen nar, Building and fire Code Bound of Appels/Bary Baird Oathdo,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
!4 Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
E -mail: elerkgroanokeva.gov
JONATHAN E. CRAFT
BTEPHANIEM.MOON,MMC
Deputy City Clerk
City Clerk
CECELIA T. W EBB
Assistant Deputy City Clerk
August 21, 2012
Glenda S. Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
This is to advise that Adam Boitnott has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority for a four -year term of office
ending August 31, 2016.
nSincerr�ely,
'X f .U� M ) b01�J
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Adam Boitnott, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and that I
will faithfully and impartially discharge and perform all the duties incumbent upon me as a
Commissioner of the Roanoke Redevelopment and Housing Authority for a four -year term
of office ending August 31, 2016, according to the best of my ability. So help me God.
Adam Boitnott
The foregoing oath of office was taken, sworn to, and subscribed before me by Adam
Boitnott this day of s� 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
of
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
!'
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Ear: (540) 853-1145
JONATHAN f
STEPHANIE M. MOON, MMC
E -mail clerk @roanokevagov
City
Deputy City Clerk
City Clerk
CECE IAT.WEBB
Assistant Deputy City Clerk
August 21, 2012
Carolyn Glover, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Glover:
This is to advise you that Gerardo (Jerry) Manuel Correa, Jr., has qualified as a memberof
the Personnel and Employment Practices Commission for a three -year term of office
ending June 30, 2015.
�Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Gerardo (Jerry) Manuel Correa, Jr., do solemnly swear that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Personnel and Employment Practices Commission
for a three -year term of office commencing July 1, 2012 and ending June 30, 2015,
according to the best of my ability. So help me God.
GERARDO (JERRY) M EL CORREA, JR.
The foregoing oath of office was taken, sworn to, and subscribed before me by Gerardo
(Jerry) Manuel Correa, Jr., this—D—day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
gy �CIT S l Clerk
August 21, 2012
Jean Thurman, Secretary
Western Virginia Water Authority
601 S. Jefferson Street, Suite 200
Roanoke, Virginia 24011
Dear Ms. Thurman:
This is to advise you that Harvey Brookins has qualified as a City representative of the
Western Virginia Water Authority for a four -year term of office ending June 30, 2016.
Sincerely,
a,ru,Ri hn • I b
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)85 3-2541
Fax: (540)853 -0145
E -mail: ckrkQroanokeva.gev
JONATHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy Citv Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Jean Thurman, Secretary
Western Virginia Water Authority
601 S. Jefferson Street, Suite 200
Roanoke, Virginia 24011
Dear Ms. Thurman:
This is to advise you that Harvey Brookins has qualified as a City representative of the
Western Virginia Water Authority for a four -year term of office ending June 30, 2016.
Sincerely,
a,ru,Ri hn • I b
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Harvey D. Brookins, do solemnly swear that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Western Virginia Water Authority for a four year term
of office ending June 30, 2016, according to the best of my ability. SSo help me God.
AZF. JEY D. BROOK-INS
The foregoing oath of
office was
taken, sworn to, and subscribed
before me by
Harvey D. Brookins this
day of
y y� 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
k" By C Clerjerk
.: CITY OF ROANOKE
q ° ; OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
!• Roanoke, Virginia 24011 -1536
Telephone: (540) 859 -2541
Fax: (540) 853 -1145
E -mail: clerkCarommieve.gov
JONATHAN E. CRAFT
STEPHANIE M. MOON, MN1C
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Kathryn Van Patten, Director
Court and Community Corrections
1627 East Main Street
Salem, Virginia 24153
Dear Ms. Van Patten:
This is to advise that Tim Steller has qualified as a City representative of the
Court Community Corrections Program Regional Community Criminal Justice
Board to replace Gail Burruss for a term of office ending June 30, 2015.
Sincerely,
Friar F k 1• &YJ
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, TIM STELLER, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Court Community Corrections Program Regional
Community Criminal Justice Board for a three -year term of office ending June 30, 2015,
according to the best of my ability. So help me Good
TIM STELLER
The foregoing oath of office was taken, sworn to, and subscribed before me by Tim
Steller this day of a)q 2012.
Brenda S. Hamilton, Clerk of the Circuit Coourt
By c . C1� lrJ
City of Roanoke 2010/11 Carbon Emissions
And Energy Summary
Roanoke City Council Meeting
August 20, 2012
Sean McGinnis, PhD
Director - VT Green Engineering Program
Roanoke Citizens for Clean & Green Committee
Carbon Dioxide Emissions
Fuel
Atmospheric CO, at Mauna Loa Observatory
CO2 Emissions
(Ibs)
.,b d, ° at e< Temperatures
400
1therm
12
12
Gasoline
Scripps Institution of Oceanography
20
16
Coal
NOAA Earth System Research Laboratory
2.1
03 -
Z
July 2012= 394
360
` o-
w
e
340
a
34-
320
v
a
a
lase uoo 1910 1140 row 1980 :000
<z
1960 1970 1980 1990 2000 2010
YEAR
http : / /www.esrl.n000.govlgmdlccgg /trends/ http: / /www.naso.govl topics/ earth /features /2010- climate- records.html
Fuel
Amount
CO2 Emissions
(Ibs)
CO2 Emissions (Ibs)
Per 100,000 BTU
Natural Gas
1therm
12
12
Gasoline
1 gallon
20
16
Coal
1 kWh
2.1
21
STEP
19
P%
3
2
5
2006
5 Step Process For Carbon Reduction
City Council Resolution Sept. 18, 2006
2005 Baseline Report Dec. 27, 2007
1006 :""17 City Council Resolution Sept. 2, 2008
10 %/12.5% reduction (Jan. 2009 — Dec. 2014)
2007
Develop Local
iovernmerjt Action Plin
Local Action Plan
Monitor and verify results
2008 2009 2010 2011 2012
Clean & Green Committee
• Citizens for Clean & Green Committee formed in December 2008 to consider
options for carbon and energy reduction in the community
• 2011 Committee Members
1. Ken Cronin — City of Roanoke Staff
2. Tom Fitzpatrick— Roanoke City Public Schools
3. Jeremy Holmes — Roanoke Valley- Alleghany Regional Commission (Ride Solutions)
4. Sean McGinnis — Virginia Tech Green Engineering Program
5. Cristina Siegel —Clean Valley Council
6. Katie Wallace — The Wallace Agency
7. Clarice Walker - Loudon Melrose Neighborhood Organization, Inc.
8. Laura Wasko - Retellus, LLC
9. Billy Weitzenfeld — Association of Energy Conservation Professionals
Roanoke CO2 Emissions — Scale of Reduction
• 10% Carbon Dioxide Reduction = 230,000 tons
• City of Roanoke - 45,000 households
• 1 ton per household savings - "Save a Ton" Regional Campaign
26 feet
1 ton CO2
E 3 �
26 feet
T
6 feet
1,500 cubes = 7.5 miles
I E.
6r.p�y�
a
f
1,500 cubek
...,�
w
t POO
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r
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r•, ,
.l
1,500 cubes = 7.5 miles
V'S-"E A
TON save a Ton.
Higher electric bills. Sticker shock at the gas pump. Fuel surcharges.
Energy can cost a ton.
Fortunately, its easy to save money and give your strapped
budget a boost. You can save nundre0s of dollars in energy
costs every year by doing just a little.
Things like swapping out conventional light bulbs with compact
fluorescent lamps (CFLS). Keeping your car's tires property
inflated. Using programmable thermostats
There, that was easy But it's just the beginning.
The y T tire's and resources -s this site can help you save
money. There's even an energy - saving calculator 10 Keep track
of your results.
But tt's not just about putting more green in your pocket. By maKing simple changes in
how you live and work, you'll help to maintain the high quality of life we enjoy in the
Roanoke Valley.
So, go ahead, save a ton. Then share your successes and hints on our Facebook
pagE-
° f13 0
Why a ton?
4^
Clean & Green Programs - 2011
CITIZENS FOR '''TIZENS FOR CLEAN d GREEN PRESENT.
CITY OF ROANOKE GREEN ACADEMY
I CLEAN
• 3 sessions (Spring 2011, Fall 2011, and Spring 2012) with approximately 75
citizens educated
Clean & Green Business Coalition
• AECOM
• Berglund
• Breakell, Inc.
• Carilion
• Coca Cola
• Gentry Locke Rakes Moore
• Hotel Roanoke
• Lanford Brothers
• Orvls
• Roanoke Gas
• Steel Dynamics, Inc.
• Sun Trust
• The Roanoke Times
• Virginia Western CC
• This group committed to a 20% average reduction per company over 5
years— double the commitment of the community. In 2011, the average
reduction of these companies was over 30 %.
Roanoke Energy and Carbon Inventory Analysis
• Scope
1. City limits and physical boundaries
2. Residential, commercial, industrial, and municipal activities
I Electricity, natural gas, transportation fuels, and waste
• Data Sources
1. Utility billing records for electricity and natural gas use by sector
2. VDOT Vehicle miles travelled (VMT) data
• Emission Analysis
1. Clean Air and Climate Protection (CACP) software estimates emissions of
Greenhouse Gases (GHGs) including carbon dioxide and methane and EPA Criteria
Air Pollutants (CAPS) including nitrogen oxides, sulfur oxides, carbon monoxide,
volatile organic compounds (VOCs) and 10 micron particulate matter based on the
fuel amount /type and point- source chemical emissions.
Roanoke Electricity Usage
Electricity Usage - City of Roanoke
2,000.000,000
1,800,000,000 X2006 Electricity
• 2008 Electricity
1.600.000.000
a 1009 Electricity
1,400,000,000 •1010 Electricity
m 1,200,000,000 ■1011 Electrkiry
1,004000,000
s
800,000,000
w 600,000,000
400,000,000
200,000,000
0
Residential Commercial Industnal Other Totals
.,
,
Sector
2005 kWh
2008 kWh
2009 kWh
2010 kWh
2011 kWh
from2803`,;
Residential
502,467,66
502,356,26
491,080,49
512,832,20E
502,125,95
-0.1%
ommeroial
616,360,10
620,738,67
602,960,43
642,436,17
608,010,20
-1.4%
Industrial
487,843,07
423,724,83
323,468,49
426,408,64
463,452,71
-5.0%
10ther Govt
145,349,80
144,533 91
140,517,611
119,673 1 SC 140,391,34
-3.4%
Electricity Usage - City of Roanoke
2,000.000,000
1,800,000,000 X2006 Electricity
• 2008 Electricity
1.600.000.000
a 1009 Electricity
1,400,000,000 •1010 Electricity
m 1,200,000,000 ■1011 Electrkiry
1,004000,000
s
800,000,000
w 600,000,000
400,000,000
200,000,000
0
Residential Commercial Industnal Other Totals
Roanoke Natural Gas Usage
Sector
2008
therms
2006
therms
17,530,39
2007
therms
2008
therms
2000 pla 2ott.. %
the therms therms vs. 2005
17,696,93 19,747,112 18,547,19 -7.1%
Residential
19,967,49
17,555,05
18,066,90
Commercial
13,087,40
12,223,43
12,071,81
12,532,20
12,038,571 11,741,12 13,145,10 0.4%
Industrial
15 435 141
15 418 46
14 909 23
16 262 06
13 989 73 15 108 37 14 588 32 5.5%
Natural Gas Usage - City of Roanoke
60,000,000
■ 2005 Natural Gas
50,00D,000 ■ 2008 Natural Gas
a: 2009 Natural Gas
E 1112010 Natural Gas
s 40,000 000 •2011 Natural Gas
v
m
n
j 30.000.000
t3
20,000,000
n
2
10,000,000
0 M O
Residential Cornme¢ial Industrial Totals
Roanoke Transportation Analysis — VDOT Data
Year
Annual
TraveChange
2005
4
W+10.9%
n
2008
+ 1.1%
2009
+ 7.6°/
2010
+ 10.9%
Roanoke City Percentage
VMT By Road (2010)
Interstate
1.2%
• While most of the road miles are
secondary, the percentage of miles
travelled on the primary and
interstate roads are much higher
Roanoke City Annual Vehicle
Miles Travelled (2010)
Roanoke CO2 Emissions
Sector
2005 tons
2008 tons
2009 tons
2010 tons
Difference
2010 vs 2005
esidential
666,761
673,531
689,462
661,825
-0.7%
ommercial
597,868
616,620
628,199
620,838
3.8%
ndustrial
504,571
468,532
383,539
457,269
-9.4%
ransportation
493,183
489,771
514,042
525,916
6.6%
aste
42 029
44 819
44 723
43 395
3.3%
otals
2 304 412
2 293 273
2,259,965
2 309 243
0.2%
2,500,000
2,000,000
N
t
0
Y
1,500,000
N
1,000,000
W
C
O
M 500,000
M
U
J
Carbon Emissions - City of Roanoke
1111-2-0-0-5-1
Residential Commercial Industrial Transportation Waste Totals
2010 Roanoke CO2
Emissions By Sector
Waste
2010 Roanoke CO2 Emissions By Source
• 2011 Carbon footprint delayed until fall when 2011 transportation data released by VDOT
Community Scale Reduction Examples
• It's important to remember the scale of COZ reduction committed to by Roanoke City
Council. Here are a few examples based on some simple estimates:
1. Residential home weatherization
• If an energy audit and weatherization (air sealing, insulation, and energy
efficient systems) can reduce home energy use by 40116, we need this for action
for % of all residences in the city - on the order of 10,000 - to get a 10%
reduction in just this sector.
2. Residential lighting efficiency- CFL bulbs
• 75W incandescent light bulbs can be replaced by 18W CFL bulbs for less than $2
each. To get a 10% reduction in just the residential sector, we need on the order
of 5 bulbs per residence in the City, 200,000 CFL bulbs total, to be implemented.
3. Transportation
• Assume an automobile upgrade from a car with a fuel economy of 20 mpg to
one with 35 mph. We need 1,200 such car upgrades to get a 10% reduction in
this sector.
Conclusions
• 2010 was the first year that carbon emission increased relative to the 2005 baseline,
despite a less than robust economy and a number of city and regional initiatives.
• In addition to carbon emissions, whose environmental and health effects will be felt in
the future, current impacts include increasing energy costs and other environmental
and health effects including reduced air and water quality.
• Sustainability requires leadership and initiatives today in order to improve quality of life
for the future. This is hard work in a world of competing short -term perspectives.
CITY OF ROANOKE, VIRGINIA
2010
COMMUNITY EMISSIONS INVENTORY
EXECUTIVE SUMMARY
Sean McGinnis
Citizens for Clean and Green Committee
Director — Virginia Tech Green Engineering Program
May 20, 2012
This document summarizes the complete report which details the community energy and
greenhouse gas (GHG) inventory for the City of Roanoke, VA, for the calendar year 2010. This is
part of step 5 — Monitor and Verify Results — of the Local Governments for Sustainability
process initiated in Roanoke in 2006. The 5 steps of this program are:
1) Conduct a baseline emissions inventory and forecast for a future year.
2) Adopt an emissions reduction target for the forecast year.
3) Develop a Local Government Action Plan that details the policies and measures that the
local government will take to reduce emissions to achieve its reduction target.
4) Implement policies and measures according to the Local Action Plan.
5) Monitor and verify results.
Steps 1 - 2 have been completed while Steps 3 - 5 are ongoing both within city government and
in the community at large. The development and implementation of programs in the
community is being considered by the City's Citizens for Clean and Green Committee.
The 2010 analysis utilizes the Clean Air and Climate Protection (CACP) v1.1 software for
emissions inventory and energy estimates. Data was collected in the same manner as 2009,
however, an updated and more accurate version of the City of Roanoke recycling totals was
used. These are part of the 2010 analysis, but done separately and not within the CACP
software.
In terms of community energy use relative to the 2005 baseline, electricity usage was down
approximately 3% in 2010. The Residential and Commercial sectors used slightly more
electricity while the Industrial and Other (Governmental) categories had reduced use in this
category. Natural gas usage was reduced slightly across all sectors with an overall reduction of
approximately 4% in 2010. Vehicle Miles Travelled (VMT) in the transportation sector increased
approximately 11% from 2005, continuing a trend of increasing VMT each year since the
baseline. In the Waste sector, there was an increase in the landfill tonnage of approximately
3% for 2010.
The 2010 CACP analysis indicates that community -wide carbon dioxide emissions were
approximately equal for the calendar year 2010 compared to the 2005 baseline with an
estimate of a 0.2% increase which is within the error of the analysis. The absolute emissions
estimated by this model are 1.3 million tons of carbon dioxide equivalent. Note that these are
equivalent tons meaning other greenhouse gases have been included in the analysis by scaling
their global warming potentials to that of carbon dioxide.
Per City Council Resolution 38211 - 090208, the community -wide greenhouse gas reduction
goal of 10% extends from January 1, 2009 to December 31, 2014. Therefore, the 2010
emissions shown in this analysis are no longer on track to meet the goal as has been the case
in previous years.
However, it should be noted that the weather temperatures were more severe throughout
2010 compared to 2005 with approximately a 13% increase in temperature degree days which
correlate to energy use and emissions. These temperatures can account for some, but not all,
of the increase in energy use and carbon emissions. Trending in the wrong direction is
transportation which continues to show increases each year and the industrial sector which is
approaching the 2005 energy usage as the economy slowly comes back and economic
development increases in the city.
CITY OF ROANOKE, VIRGINIA
ICLEI COMMUNITY EMISSIONS INVENTORY
2010 REPORT
Sean McGinnis
Director — Virginia Tech Green Engineering Program
May 20, 2012
TABLE OF CONTENTS
1. INTRODUCTION
2
2. METHODOLOGY, SCOPE, AND ASSUMPTIONS 2
3. COMMUNITY INVENTORY DATA 2010 2
a. Electricity
b. Natural Gas
c. Transportation
d. Waste Disposal
e. Other
4. ANALYSIS 8
a. Greenhouse Gas Emissions
b. Criteria Air Pollutant Emissions
c. Community— Governmental Analysis Comparison
d. Energy Use
e. Recycling
5. CONCLUSIONS
13
7. APPENDIX 14
1. INTRODUCTION
This report details the community greenhouse gas (GHG) and criteria air pollutant (CAP)
inventory for the City of Roanoke, VA, for the calendar year 2010. This is part of step 5 —
Monitor and Verify Results — of the ICLEI 5 step process started in Roanoke in 2006. The 5
steps of this program are listed below:
1) Conduct a baseline emissions inventory and forecast for a future year.
2) Adopt an emissions reduction target far the forecast year.
3) Develop a Local Government Action Plan that details the policies and measures that the
local government will take to reduce emissions to achieve its reduction target.
4) implement policies and measures according to the Local Action Plan.
5) Monitor and verify results.
Steps l and 2 have been completed while Steps 3 and 4 are ongoing both within city government
and in the community at large. The development and implementation of programs in the
community is being led by the Citizens for Clean and Green Committee.
The estimation and reporting of a community inventory is an ongoing process. In that regard,
this report is a continuation of the original baseline report - ICLEI Community Emissions
Inventory 2005 Baseline Report. Also note that some changes were made to the 2005 Baseline
Report as better data was made available. These changes are detailed in the 2009 Report.
2. METHODOLOGY, SCOPE AND ASSUMPTIONS
The ICLEI program utilizes the Clean Air and Climate Protection (CACP) software for
emissions inventory and analysis. This report was based on an analysis performed using CACP
Version 1.1, June 2005. The 2009 version of CACP will be used for future reports once its
methodology and accuracy has been checked against the 2005 version to ensure continuity across
the versions. Except as explicitly detailed in this report, all methods, scope and assumptions for
the 2005 baseline have been maintained in the 2010 analysis. It is strongly recommended that the
2005 and 2009 reports be reviewed when considering this report since they contain details which
are not repeated here.
3. COMMUNITY INVENTORY DATA
3a. Electricity
Electricity data was provided again by Bill Rogers from Appalachian Power Company (APCO),
a division of American Electric Power (AEP). The data shown in Table 1 shows small decreases
in electricity usage in the Residential, Commercial, and "Other" sector and a large decrease in
the Industrial section. Overall, the reduction is 3% compared to the 2005 baseline. The data is
shown graphically in figures 1 and 2. The Commercial sector has the largest electricity use
following by Residential, Industrial, and "Other" which is government and other special users.
To61n 1
Figure 1 — Roanoke electricity usage comparison
Electricity Usage - City of Roanoke
2,000,W0,000
1,&]O,WO,WO • 2005 Electricity
100,000,000 I a 2008 Electricity
1,400,W0,000 2"Electrlcityl
s x2010 EIechicJ
y ],200,WO,roO
It
1.roo,WO,Wa
F aW,WO,roo
.k 6W,ro0,000
W
— 4W,W�WO
1W,W0,.0 -� {
0
Residential Commercial Industrial other Totals
Figure 2 — Roanoke electricity breakdown for 2010
2010 Roanoke Electrical Usage (kWh)
3
Difference from
2005 Baseline
Residential
502,467,666
502,356,265
491,080,493 512,832,208
2.1%
commercial
616,360,103
620,738,676
602,960,432 642,436,170
4.2%
Industrial
487,843,077
423,724,837
323,468,495 426,408,649
- 12.6%
Other
145,349,802
144,533,915
140,517,611 119,673,159
- 17.7%
Totals
1,752,020,648
1,691,353,693
1,558,027,031 1,701,350,186
-2.9%
Figure 1 — Roanoke electricity usage comparison
Electricity Usage - City of Roanoke
2,000,W0,000
1,&]O,WO,WO • 2005 Electricity
100,000,000 I a 2008 Electricity
1,400,W0,000 2"Electrlcityl
s x2010 EIechicJ
y ],200,WO,roO
It
1.roo,WO,Wa
F aW,WO,roo
.k 6W,ro0,000
W
— 4W,W�WO
1W,W0,.0 -� {
0
Residential Commercial Industrial other Totals
Figure 2 — Roanoke electricity breakdown for 2010
2010 Roanoke Electrical Usage (kWh)
3
The values in Table 2 for emissions of carbon dioxide, sulfur dioxide, and nitrogen oxides for
electricity were provided by AEP (see Appendix 1) and used in the CACP Software for the
calculations of Greenhouse Gases (GHGs) and Criteria Air Pollutants (CAPS).
Table 2 — Electrical power generation emission coefficients
'2006 dote used since 2005 dam wes notfound
Note that unlike the reductions in nitrogen and sulfur oxides which tend to decrease due to
regulation and improved technology, the carbon dioxide emissions may increase or decrease
resulting from the fuel mix used in a given year and this can affect the overall carbon footprint
independent of the changes in usage. In 2010, the electricity fuel mix was approximately 84%
coal, 12% nuclear, 2% natural gas, 1% wind, and 0.5% hydropower.
3b. Natural Gas
Natural gas data was again provided by RGC. As seen in table 3, natural gas usage is reduced in
all sectors and the overall reduction in 2010 relative to the 2005 baseline is 4 %. Both Residential
and Industrial sectors, however, are up compared to 2009. The natural gas usage is shown
graphically in Figures 3 and 4.
Table 3 — Roanoke natural gas usage
Sector
2005
2007
2008
2009
2010
therun
Emission
Coefficients
Coefficients
Coefficients
Coefficients
17,696,938
Chemicals)
(Ibs /kWh
(Ibs /kWh
(Ibs /kWh
(Ibs /kWh
I(lbs/kW
Cpz
1.67
1.70
1.73
1.83
14,909,238
NO,
0.0031 *
0.003
0.0027
0.0013
50,
0.0108*
0.009
0.0077
0.0065
48,490,043
'2006 dote used since 2005 dam wes notfound
Note that unlike the reductions in nitrogen and sulfur oxides which tend to decrease due to
regulation and improved technology, the carbon dioxide emissions may increase or decrease
resulting from the fuel mix used in a given year and this can affect the overall carbon footprint
independent of the changes in usage. In 2010, the electricity fuel mix was approximately 84%
coal, 12% nuclear, 2% natural gas, 1% wind, and 0.5% hydropower.
3b. Natural Gas
Natural gas data was again provided by RGC. As seen in table 3, natural gas usage is reduced in
all sectors and the overall reduction in 2010 relative to the 2005 baseline is 4 %. Both Residential
and Industrial sectors, however, are up compared to 2009. The natural gas usage is shown
graphically in Figures 3 and 4.
Table 3 — Roanoke natural gas usage
Sector
2005
therms
2007
therms
2008
therM is I
2009 1
tither m
2010
therun
% Change
vs. 2005
Residential
19,967,493
17,555,052
18,066,905
17,696,938
19,747,112
-1.1%
Commercial
13,087,409
12,071,81$
12,532,208
12,038,571
11,741328
-10.3%
Industrial
15,435,141
14,909,238
16,262,069
13,989,730
15,108.375
-2.1%
Totals
48,490,043
44,536,108
46,861,182
1 43,725,239 46,596.615
-3.9%
Figure 3 — Roanoke natural usage comparison
Natural Gas Usage - City of Roanoke
60,000,000
■ 2005 Natural Gas
50,000,000 ■ 2008 Natural bas
E 2009 Natural Gas '.
40,000,000 ■ 2010 Natural Gas <t"
d,
m
. � 30,000,000
m !,
m 20,000,000
� i;
� v�
Z
10,000,000
�j
Residential Commercial Industrial Totals
Figure 4— Roanoke natural gas breakdown for 2010
2010 Roanoke Natural Gas Usage
(thermal
5
3e. Transportation
The transportation sector was analyzed using Vehicle Miles Travelled (VMT) data from VDOT
report 1220. The data for 2010 are shown in Tables 4 - 7. Table 7 compares the overall VMT
since 2005 and an increase of approximately 11% is seen. Carbon dioxide emissions for
transportation are directly proportional to VMT. While the interstate represents only 1.2% of the
total roadway miles, the VMT on the interstate is 16 %.
Table 4 — Roanoke 2010 VDOT Transportation Data
Table 5 — Roanoke 2010 CACP Transportation Data
Gasoline
Annual
Federal Vehicle Class
DVIVff
VMT'
Motorc cles
8,732
3,187,143
Passen er Cars
1,854,286
676,814,288
Two Axle, 4 Tire Sin le Unit Vehicles
282,095
102,964,702
Busses
10,091
3,683,263
Two Axle, 6 Tire Single Unit Trucks
14,669
5,354,189
Three Axle Single Unit Tracks
8,803
3,213,082
Four or More Axle Single Unit Tracks
1,454
530,712
Four Axle or Fewer Single Trailers
6,488
2,368,023
Five Axle Single Trailers
47,121
17,199,153
Six or More Axle Single Trailers
612
223,369
Five Axle or Fewer Multi- Trailers
2,572
938,717
Six Axle Multi - Trailers
596
217,479
Seven or More Axle Multi - Trailers
7
2,661
Motorcycle
2,237,525
816,696,781
Table 5 — Roanoke 2010 CACP Transportation Data
Gasoline
Diesel
Gasoline
Diesel
CACP Vehicle
Distribution
Distribution
Cat o
%
%
Annual VMT
Annual VMT
Full Size Auto
8.5
0.3
61,071,353
2,155,460
Mid Size Auto
18.7
0.0
134,356,976
Compact Auto
33.0
1.3
237,100,547
9,340,325
Light
335,754,330
Truck/S1N/Pickup
32.4
0.0
Heavy Truck
0.0
5.2
30,047,385
Motorcycle
0.4
0.0
3,187,143
Passenger Vehicle
0.0
0.0
Vanpool Van
0.0
0.0
Marine
0.0
0.0
Rail Commuter
0.0
0.0
Transit Bus
0.0
0.2
3,683,263
Totals
93.0
7.0
771,470,349
45,226,432
816,696 781
Table 6 — Roanoke 2010 Roanoke VMT by Road Category
Table 7 — Roanoke VDOT Transportation Data
VMT
gb'HOaI'ilKl`C
gg .
Managed Landfill
Secondary
858,783
313,455,741
+1.1%
2.646*
Primary
1,006,325
367,308,761
816,696,781
+10.9%
Interstate
372,417
135,932,279
- 10.9322
- 149,420'
Totals
2,237,525
816,696,781
100.0%
100.0%
Table 7 — Roanoke VDOT Transportation Data
3d. Waste Disposal
This analysis again uses the Methane Commitment Method for waste which assigns the
greenhouse gas emissions to the 2010 inventory for all of the methane emissions that will occur
over the lifetime of the landfill (Smith Gap) due to this year's wastes. CACP defaults values for
Waste Categories were again used along with the Managed Landfill disposal method.
The Roanoke solid waste management data is shown in Table 8, provided by Dan Miles from the
Roanoke Valley Resource Authority (RVRA) for the Smith Gap Landfill. The waste from
commercial and private haulers was not included since it is difficult to determine how to assign
appropriate percentages to the correct jurisdiction. Recycling data in this table comes from the
City of Roanoke Solid Waste Division rather than RV RA.
Table 8 — Roanoke Solid Wactr M............t
Categories
VMT
Chan736,548,004
_ 2010 tore
Managed Landfill
na
E
744,814,259
+1.1%
2.646*
792,675,391
+7.6%
Rec cle— Metals
816,696,781
+10.9%
3d. Waste Disposal
This analysis again uses the Methane Commitment Method for waste which assigns the
greenhouse gas emissions to the 2010 inventory for all of the methane emissions that will occur
over the lifetime of the landfill (Smith Gap) due to this year's wastes. CACP defaults values for
Waste Categories were again used along with the Managed Landfill disposal method.
The Roanoke solid waste management data is shown in Table 8, provided by Dan Miles from the
Roanoke Valley Resource Authority (RVRA) for the Smith Gap Landfill. The waste from
commercial and private haulers was not included since it is difficult to determine how to assign
appropriate percentages to the correct jurisdiction. Recycling data in this table comes from the
City of Roanoke Solid Waste Division rather than RV RA.
Table 8 — Roanoke Solid Wactr M............t
Categories
2005 (tons)
2009 r.AaedYtoas
_ 2010 tore
Managed Landfill
72,344
76.981
5
Recycle - Paper
2.646*
2098*
7
�27�0704
Rec cle— Metals
466*
CO, reduction **
-8.467 1
- 10.9322
- 149,420'
—", o, repvnagJa,nra,
,EPA WARM v9— 3.2 tons Coytan truxed recy l,,
'EPA WARMv11 -3.9, n. COlc,,,n,,,dpaper. 5.9 tons CO ✓ton ndredmeals
'EPA WARM 02 - 3.9 tom CO ✓ton mlxed paper, 44 mm CQ✓mn mire! metals
The data shows an increase in the landfill tonnage of 3% compared to 2005. Recycling data was
obtained from the DEQ Commonwealth of Virginia Locality Recycling Rate Report for 2010.
This official state report provides different and much larger recycling amounts for 2010 than
used in the 2005 baseline. The CACP software accounts the emissions from the Managed
Landfill amounts, but the emissions credits for recycled materials due to the reduction in virgin
materials use are estimated separately in this report using the EPA WARM model.1.3 The CO2
reduction is shown as a negative number to indicate that these carbon emissions can be
considered as subtracted from the overall carbon footprint. Since the 2005 recycling data comes
from a different source, the absolute recycling values are credited to the carbon emissions based
on EPA Warm estimates for avoided carbon emissions. The recycling of materials, especially
metals, is seen to provide significant carbon emissions credits since materials and energy is not
required to mine and manufacture the metals from virgin ores.
4. ANALYSIS RESULTS
The CACP software analyzed the data detailed in the previous sections to provide estimates of
the greenhouse gas and criteria air pollutant emissions for Roanoke in 2010. All greenhouse gas
emissions are normalized to carbon dioxide using factors which account for the impact of the
emissions relative to this standard reference. Therefore, greenhouse gas emissions are given in
mass units (tons) of CO2 equivalent. Criteria air pollutants are reported similarly, but in terms of
the specific chemicals or categories, for example, PMis.
4a. Greenhouse Gas Emissions
Roanoke greenhouse gas emissions are summarized in tables 9 and 10 and figure 5 and a more
detailed breakdown is provided in Appendix 2. Overall carbon dioxide emissions up 0.2% for
2010 compared to the 2005 baseline. The residential sector is the largest emitter of GHGs while
waste is a small contributor relative to the other categories.
Table 9: CACP GHG Emissions
Sector
2005
tool
2008
tool
2009
toes
2010
tons
Difference
2010 vs
Residential
666,761
673,531
689,462
661,825
-0.7 %
Commercial
597,868
616,620
628,199
620,838
3.8 %
Industrial
504,571
468,532
383,539
457,269
-9.4%
Transportation
493,183
489,771
514,042
525,916
6.6%
Waste
42,029
44,819
44,723
43,395
3.3%
Totals
2,304,412
2,293,273
2,259,965
2,309,243
0.2%
Table 10: CACP GHG Emissions by Fuel Source
FSlei$otl1'ce
ant
(0718
8q
tOLe" '
L+1..
fd71!
�?
[bn3,
tai
°fe
Pop
Electricity
1,469,617
1,469,164
1,431,056
1,452,047
62.9%
-1.2 %'
Gasoline
421,553
419,868
447,201
457,059
19.8%
8A%
Natural Gas
299,582
289,519
270,144
287,884
12.5%
-3.9%
Diesel
71,629
69,903
66,841
68,858
3.0%
-3.9%
Paper Products
33,273
35,482
35,406
34,354
1.5%
3.2%
Food Waste
10,624
11,329
11,305
10,969
0.5%
32%
Plant Debris
-1167
-1245
-1242
-1,205
- --
- - --
Wood,Textiles
-700
-747
-745
-723
- - - --
_____
Totals
2,304,411
2,29 3,273
2,259,966
2,309,243
100.0 ° /
0.2%
,n,e to rob ,,,uu, av, to meedu g errors
Figure 5 — Greenhouse Gas Emission Summary by Sector and Source
2010 Roanoke CO, Emissions By Sector
Waste
1 9.,
2010 Roanoke CO, Emissions By Source
Diesel Paper Pral.dk
4b. Criteria Air Pollutant Emissions
The Roanoke criteria air pollutant emissions for 2010 are summarized in tables 1 I and 12. Note
that the most significant sector or fuel source varies depending upon the pollutant considered.
For example, the transportation sector and gasoline, specifically, dominate the emission of
carbon monoxide (CO) and volatile organic compounds (VOC) but are not a significant source
for sulfur oxides (SOx). SOx is emitted primarily by electricity generation due to the primary use
of coal in this region. Compared to 2005, SO, and NO, emissions are significantly lower due to
lower emissions factors from AEP electricity generation while the emissions of the other
pollutants are approximately the same.
Table 11: Roanoke Criteria Pollution (CAP) Emission Summary by Sector
Sector
NOa
tam
sox
tom
CO
tons
VOC
tons
PMrn
tons
Residential
553
1,714
106
I6
51
Commercial
483
1,739
89
12
50
Industrial
478
1,258
105
16
39
Transportation
1,446
89
14,045
1,401
36
Waste
-
-
-
-
Other
Totals
2,963
4,800
14,345
1,445
176
10
Table 12: Roanoke Criteria Pollution (CAP) Emission Summary by Source
Fuel Source-
NOa
tom
E10 Gasoline (10 %ethanol)
CO
tom
VQE
p¢q�u
Diesel
410
t4,594
373
Electricity
1,021
169
Gasoline
1,038
13,673
Natural Gas
494
131
26
16
Toads
2,963
4,800
74,395
1,445
176
4e. Community - Governmental Analysis Comparison
The detailed city government inventory was not compiled for 2010 due to the time and effort
required to collect all this data. This comprehensive inventory is planned to be compiled for
2011. However, it is estimated that the governmental contribution to the overall community
inventory was similar as a relative percentage to the 2005 baseline - in the range of 1 %.
Emission reductions can be estimated based on the use of El ethanol- blended gasoline and 135
biodiesel. The volumes of these fuels are shown in Table 13.
Table 13: Alternative Fuel Usage for City Government Fleet Vehicles
Fuel
2010
E10 Gasoline (10 %ethanol)
348,472
B5 Biodiesel (5% biodiesel)
L 251 955
Biofuels are often considered to have no carbon emissions for the purposes of such inventories
since the carbon dioxide released when they were combusted originated from carbon dioxide that
was sequestered from the atmosphere in the agricultural plants used to make the biofuel -
typically com for ethanol and soybeans for biodiesel. While it is not strictly true that biofuels
have zero carbon emissions due to the energy (and therefore emissions) required in the
manufacturing of these fuels, this energy is not accounted for in the case of petroleum -based
fuels either.
Using an average value of 20 pounds of carbon dioxide emitted per gallon of fossil -fuel derived
fuels combusted, the biofuels used in the City ofRoanoke in 2010 reduced the carbon dioxide
emissions relative to using standard gasoline and diesel fuel by 474 tons, a reduction of
approximately ZO% of the total 2005 City Government baseline carbon emissions.
11
4d. Energy Use
It is also useful to look at overall energy use even though the carbon emissions are not directly
related due to the carbon emissions factors. Table 14 compares energy use by converting all
energy to the same units — kilowatt hours (kWh). The overall energy use is approximately the
same relative to 2005.
The annual amount of energy used for heating and cooling is roughly proportional to the total
number of heating and cooling degree days in a year. Table 15 shows degree day data for
Roanoke from the National Weather Service based on a 65 OF balance point 4 This data shows a
13% increase in degree days for 2010 compared to 2005. This more severe weather with respect
to temperature certainly accounts for some of the increase in energy use in 2009, but is difficult
to quantify in detail.
Table 14: CACP Energy Use
Fuel Source
2003 Energy
qLvpj
2010 Energy
kWh
Energy
%
Difference
Electricity
1,752,020,648
1,701,350,186
34.9%
-2.9%
Gasoline
1,443,981,513
1,568,851,722
32.2%
8.6%
Natural Gas
1,420,758,260
1.365,280,820
28.0%
-3.9%
Diesel
241,872432
232,498,671
4.8%
-3.9%
Totals
4,858,632,853
4,867,981-399
100.0%
0.2%
Table 15: Heating and Cooling Degree Days for Roanoke
5261 1 5082 5� 083 3_ 9y0
12
2005
2008
2009
2010
Month
HDD
CDD
HDD
CDD
HDD
CDD
HDD
CDD
January
751
0
847
0
895
0
966
0
February
647
0
671
0
630
0
890
0
March
640
0
477
0
527
15
465
0
April
251
11
246
14
257
37
161
43
May
113
37
79
64
79
96
58
156
June
9
247
0
333
0
280
0
400
July
0
403
0
352
0
266
0
452
August
0
399
2
292
0
353
0
386
September
11
201
12
158
18
137
20
215
October
186
1 44
231
27
237
6
154
25
November
447
0
565
0
398
0
528
0
December
864
0
712
0
852
0
1037
0
Totals
3919
1342
3842
1240
3893
1190
4279
1677
5261 1 5082 5� 083 3_ 9y0
12
5. CONCLUSIONS
The 2010 C9CP analysis indicates that community-wide carbon dioxide emissions were
increased by 0.2% compared to the 2005 baseline. The abso lute emissions estimated by this
model are 2.3 million tons of carbon dioxide equivalent. Per City Council Resolution 38211 -
090208, the community -wide greenhouse gas reduction of 10% extends from January 1, 2009 to
December 31, 2014. Therefore, the 2010 analysis indicates the City is no longer on track for a
2% reduction per year to meet the goal
Some fraction of this recent increase can be attributed to heating and cooling since the weather
was more severe in 2010. However, transportation has been increasing yearly and the industrial
sector looks to be increasing as more economic development occurs.
REFERENCES:
'EPA Waste Reduction Model (WARM) Version 9, August 2008
2EPA Waste Reduction Model (WARM) Version 11, August 2011
'EPA Waste Reduction Model (WARM) Version 12, February 2012
htip:llwuw.epa, govl climatechange/ wycd/ wastelcalculators/Warm_home.html
°National Oceanic and Atmospheric Administration (NOAA) Daily Climate Data,
httpWow . erhnoaagov /rnk/climate/f61hon11F6 honNROA
13
7. APPENDIX 1:
Appalachian Power Company is required to provide infor.
mation to its customers regarding the following fuel mix
and emissions for Virginia.
AEP's Average Fuel Mix of Electricity
Provided to Virginia Customers
84.2%
I.1%
0.5%
12.0°ra 2.2/a
coal M Nuclear Gas FHydro Wind
ImU,ing
Fumpel
St"gel
Emissions Information
As the chart above shows, coal is the pre
dominant fuel in AEP's generation. Emissions in 2010
from the fossil fuel portion of our generation mix were
approximately 5.4 lbs. of sulfur dioxide per MWh and 1.2
Ihs. of oxides of nitrogen per MWh.
APPALACHIAN
POWER"
A unit ofAmerican Electric Power
,, .w AppalachonPower. coo
-AEP provided a carbon emissions factor of 1.66 lbs /kWh for this fuel mix.
14
APPENDIX 2
Roanoke
Community Greenhouse Gas Emissions in 2010
Summary Report
Equiv CO2 Equiv C01 Energy
(tons) P.) (kWh)
Residential
.; @gam,
Js i
,,. 1045_74<
Commercial
„_pgJp
26
45: 2-Ir
-
_2';
Industrial
pcl CC,
Transportation
113
Waste
43 35z
Roanoke
Community Criteria Air Pollutants Emissions in 2010
Summary Report
Nox sox CO VOC PM10
(tons) (tons) (tons) (tons) pons)
Residential i -;
Cemmercial 4y4
Industrial ;-q
Transportation 'J -y I; iWS I;9
Total
15
Roanoke
Community Greenhouse Gas Emissions in 2010
Report by Source
Total
21Cv- 442
52 CI 4 I' / yy' a
Roanoke
Community Criteria Air Pollutants Emissions in 2010
Report by Source
Equiv CO?
(tons)
Equly CO2
N
Energy
(kWh)
Diesel
ea 658
3.0
232549.611
Electricity
1 452051
: --
' 701 REC
Food Waste
0 9`g
D
Gasoline
4E7 HS
199
^ S 35 7 2
Natural Gas
287 Edo
12
85 210.12'
Paper Products
A 314
'81
Plant Debris
- 20:
-3
WooERextiles
- -'
1445
--
Total
21Cv- 442
52 CI 4 I' / yy' a
Roanoke
Community Criteria Air Pollutants Emissions in 2010
Report by Source
16
NOx
(tons)
sox
(cons)
CO
(tons)
voc
(tons)
PM10
pons)
Diesel
410
373
SO
13
Electricity
I K
4.5414
Gasoline
I Cd5
=
u1
11373
1,'��
24
Natural Gas
4e4
'81
Le
Ifs
1405
1414=
1445
--
Total
___,
16
Community Greenhouse Gas Emissions in 2010
Detailed Report
Equly CO, Equiv CO, Energy
pons) 1%1 (kWh)
iransponaton
Division
Foana4e diy
Eleotr¢ry
4}]9e?
I9]
52gK2py
Nawra -Gas
S]9P99532
aub 1ROa n.e GR
.,>
?2
1.1422150
1,,,e Qtv -Giber Elecincm
i2C H3b
23P 46'.22_.
EEC1n01y
A_
51]3..'4
_ubtotal FDDn,.ke t- ty -�fnen ,,��
__
]A
9173JE
Subtotal Rezitl�nbal
-. �__
29 T
_ Cb5 ]qs,
Transa0¢an on Db51pn
4mrtwke G6
E.eur�ry
5g31b
�,-
._... 7
so
.,ib I 1 _
Subtotal COmmacml
i2C H3b
23P 46'.22_.
Intlustrlol
Tulupanotls. Erclzlon
aPOHe ry
Elec: aY
:e3 egg
_.
?
42_408 @A_
N .ra:
-.
A
as
_ubTOf.d FOapokP Vll
_ __
g._
oe9CaAI2T
Subtotal lntluslrial
_- _ --
-
ni_ 114 111
Transponanon Division
P 11- 1,::ir T.on:':perzsoa:,
r2 493 ;
Subtenl TransOOrtaYOn __c _ __. ;C. y__ s_,
Waste
nnoznonarn Dmi.ion
pan In
E,P Lmnfi: 11.r
E F _JC a b54
FA 7 —�� _
a0 Ea11es -_.
TOICI
17
Community Criteria Air Pollutants Emissions in 2010
Detailed Report
NOx Sox CO VOC PM10
(tons( (tons) (tons) (tons) (tons)
Rssidendal
Tralrspona0a� Mai..
Roanoke C(v
Fcano4e C1y Pancp:;rtsnon
Electncry
30S
'?45
5 0 17
Notunsl lies
17i
7
43
Srbrotcl Rpa00l1 fig:
431
'35'
-4 I5 42
Roanoke Pt, Other Elcctncol
47v
2_.,
14.045
E"t',ty
72
323
12
llbtotal Roanoke Cr, - Other Eil tlllal
72
323
12
Subtotal Resitivntial
551
]'4
c,
Commercial
Transportation DIVI41on
FCIIOa$f lI}
EleariciN 245 ' 725 �- 47
Subioraf Rorrau4e otv 494 71C _ 19 5111
Subtotal Commercial 434 =7K,
Industrial
Lansponaeon Drvisim
Roanoke Cay
Fcano4e C1y Pancp:;rtsnon
Electno -ly
C__
', LT1
42 5
Natulaldas
�. -.
10E
I i
410
?73
5G
Subtotal lnduatn.I
47v
2_.,
14.045
Transponatlen Divisea
Fcano4e C1y Pancp:;rtsnon
�, ngne
C34
7D
�. -.
1 3qp 24
Ehe1
410
?73
5G
>;btoa Rr 1 cGry r tortetron
Id1;
_.
14.045
I49'
Subtotal Transportation
144,
_=
14 04s
1 40'
Total
4lio
14 '4E
1.445
18
�C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39473 - 082012.
A RESOLUTION authorizing acceptance of the Edward Byrne Justice Assistance Grant
(JAG) Program from the Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Criminal Justice Services, the Edward Byrne Justice Assistance Grant
Program in the amount of $67,500, with a $7,500 local match from the City required, making a
total award of $75,000, for the term beginning July 1, 2012, through June 30, 2013, to be used to
support the Roanoke City Police Department's Drug Market Initiative in the Melrose
neighborhood, as more particularly described in the City Council Agenda Report dated August
20,2012,
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents necessary to accept the grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
R- Edward Byme Justice Assistance Grant,8 20-12&c
ATTEST:
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39474 - 082012.
AN ORDINANCE to appropriate funding from the U.S. Department of Justice
through the Commonwealth of Virginia Department of Criminal Justice Services for the
Edward Byrne Justice Assistance grant, amending and reordaining certain sections of
the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime
FICA
Fees for Professional Services
Administrative Supplies
Expendable Equipment (< $5,000)
Program Activities
Postage
Revenues
Byrne JAG Drug Market Initiative FY13
Byrne JAG Drug Market Initiative FY13
35- 640- 3586 -1003 $ 37,158
35-
640 -
3586
-1120
2,842
35-
640 -
3586
-2010
3,000
35-
640
- 3586
-2030
2,200
35-
640-
3586
-2035
24,870
35-
640-
3586
-2066
4,500
35-
640-
3586
-2160
430
35- 640 - 3586 -3586 67,500
Local 35- 640- 3586 -3587 7,500
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
/8'V
4- - ~ Y" •
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Edward Byrne /justice Assistance (DMI) Grant
Background:
The Virginia Department of Criminal Justice Services is the administering
agency for federal Edward Byrne justice Assistance Grant funding that is
allocated to localities. The Roanoke Police Department has been awarded a
one -time $75,000 competitive grant to support its Drug Market Initiative in the
Melrose neighborhood.
The grant will be utilized to fund overtime, academic consultants, surveillance
equipment, community cleanup supplies, graffiti abatement supplies,
organizational supplies, narcotics testing equipment, and postage or
miscellaneous expenses. A ten percent (10 %) local match is required.
Recommended Action:
Accept the 2013 Edward Byrne /justice Assistance Grant described above and
authorize the City Manager to execute the grant agreement and any related
documents; all such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the Grant fund for State grant funds of $67,500, transfer funding in the amount
of $7,500 from account 35- 300 - 9700 -541 5 to provide local match funding, and
appropriate total funding of $75,000 for overtime, FICA, fees for professional
services, equipment and postage in an account to be established by the
Director of Finance in the Grant Fund.
A - - - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Christopher C. Perkins, Chief of Police
Amelia C. Merchant, Director of Management and Budget
ZL,_5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39475 - 082012.
A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program from the United States Department of Justice, and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized on behalf of the City to accept from the
United States Department of Justice, the Edward Byrne Memorial Justice Assistance Grant
Program in the amount of $88,418, with no local match from the City required, and allocated
from the said award the Roanoke City Police Department would receive $53,051 to support its
bicycle patrol program, and the Roanoke City Sheriffs Department would receive $35,367 for
radio system upgrades, as more particularly described in the City Council Agenda Report dated
August 20, 2012.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents necessary to accept the grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
R- Edward Byrne Mtanunal Justice Assistance Gnent -2012 8 -20.12 doe
Q ATT T:
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012,
No. 39476- 082012.
AN ORDINANCE to appropriate funding from the Federal government,
Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program,
amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Sheriff - Expendable Equipment ( <$5,000)
Police - Overtime
Police - FICA
Police - Expendable Equipment ( <$5,000)
Revenues
Byrne /JAG Sheriff Technology Improve FYI
Byrne /JAG Police Bike Patrol FYI
35- 140 - 5910 -2035
$35,367
35- 640 - 3624 -1003
40,000
35- 640 - 3624 -1120
3,060
35- 640 - 3624 -2035
9,991
35- 140 - 5910 -5910
35,367
35- 640 - 3624 -3624
53,051
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTES n,-� OvIi
City Clerk. \
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: FY 2012 Edward Byrne Memorial Justice Assistance Grant
Program
Background:
The United States Department of justice distributes funding directly to local law
enforcement agencies through the Edward Byrne Memorial Justice Assistance
Grant Program. Justice Assistance Grant programs fund many types of
initiatives and are intended to improve officer safety.
On July 31, 2012, the United States Department of Justice awarded the City of
Roanoke $88,418 through its FY 2012 Edward Byrne Memorial Justice
Assistance Grant Program. The application for the grant specified that the
Police Department would receive $53,051 to support its bicycle patrol program
and the Sheriff's Office would receive $35,367 for radio system upgrades. No
local matching funds are required.
Recommended Action:
Accept the FY 2012 Edward Byrne Memorial Justice Assistance Grant Program
described above and authorize the City Manager to execute the grant
agreement and any related documents, all such documents to be approved as
to form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate funding and
establish revenue estimates consisting of accounts for the Police Department in
the amount of $53,051 and for the Sheriff's Office in the amount of $35,367, in
accounts to be established by the Director of Finance in the Grant Fund.
- -- - - - --
Christopher P. Morrill
City Manager
Distribution: Honorable Octavia L. Johnson, Sheriff
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Christopher C. Perkins, Chief of Police
Amelia C. Merchant, Director of Management and Budget
�S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39477- 082012.
A RESOLUTION authorizing the acceptance oftwo Certified Local Government Grants from
the Virginia Department of Historic Resources, and authorizing the City Manager to execute any
necessary documents, provide any additional information, and to take any actions necessaryto obtain,
implement, and administer such grants.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts from the Virginia Department of Historic
Resources (DHR) two Certified Local Government Grants in the total amount of $9,500, with no
local matching funds required by the City, such funding to be used for the preparation oftwo National
Register nominations for the Melrose -Rugby Historic and Riverland Historic Districts, and for the
survey and boundary expansion of the Downtown Roanoke Historic District, all of which is more
particularly set forth in the City Council Report dated August 20, 2012.
2. The City Manager is authorized to execute any necessary documents, including DHR
Certified Local Government Grant Agreements, such documents to be approved as to form by the
City Attorney, to furnish such additional information as may be required by the Virginia Department
of Historic Resources, and to take any necessary actions in order to obtaro, implement, and administer
such grants.
ATTEST:
City Clerk.
R -CLG gaol hi,t..c rt. us 2012 do
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39478 - 082012.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Historic Resources Certified Local Government Grant, amending and
reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services — Melrose-
Rugby and Riverland Historic Districts
Fees for Professional Services - Downtown
Historic District
Revenues
Certified Local Government FY13- Melrose-
Rugby and Riverland Historic Districts
Certified Local Government FY13- Downtown
Historic District
35- 610 -8167 -2010 $ 7,500
35- 610 - 8168 -2010 2,000
35- 610 - 8167 -8167 7,500
35- 610 - 8168 -8168 2,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
b-ej
1� CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Acceptance of Certified Local Government (CLG) Grant Funds
for Historic District Nominations
Background:
Virginia's Department of Historic Resources (DHR) is required by provisions of
the National Historic Preservation Act to grant at least 10% of its annual Historic
Preservation Fund monies to Certified Local Governments (CLG) in the state.
The CLG Grant Program can be used for a variety of projects including surveys,
National Register nominations, preparation of preservation plans, and
educational events. In response to DHR's 2012 -2013 Request for Applications,
the City of Roanoke's Department of Planning, Building and Development
applied for funds to assist with the preparation of two National Register
nominations for the eligible Melrose -Rugby Historic District and the eligible
Riverland Historic District to build upon CLG grant- assisted inventory and
survey projects for each district completed June 30, 2012. In response to DHR's
2012 -2013 Second Call for Applications, the Department of Planning, Building
and Development applied for funds to assist with an architectural survey and
expansion of the existing boundaries of the Downtown Roanoke Historic
District encompassing approximately 17 contributing buildings west of the
existing district boundaries along Church Avenue and Luck Street.
This effort continues to build on and advance the goals of Vision 2001 -2020
which recommends historic designation as a method to contribute to
revitalization through improved property maintenance and economic incentives
for rehabilitation. Specifically, the survey and nomination implement action EC
A26 to undertake a comprehensive inventory of historic and cultural properties
and districts in the City and consider historic districts, where applicable.
DHR has awarded the City of Roanoke two CLG Grants in the total amount of
$9,500. Enclosed are two agreements for a grant award of $7,500 for the
preparation of two National Register nominations for Melrose -Rugby Historic
District and Riverland Historic District as well as a grant award of $2,000 for the
survey and boundary expansion of the Downtown Roanoke Historic District.
No City matching funds are required. Matching funds will be provided by
Historic Sites /Structures Survey /Inventory Program CDBG grant awarded in
2009 for this purpose.
Considerations
City Council action is needed to formally accept and appropriate the grant
funds to support the nominations, survey and inventory.
Recommended Action:
Authorize the City Manager to execute any required grant agreements or
documents such to be approved as to form by the City Attorney, and to take
any necessary actions to revise, implement and administer such grant.
Adopt the accompanying budget ordinance to establish a revenue estimate for
state grant funds in the amount of $9,500, and appropriate funding of the
same to accounts to be established by the Director of Finance in the Grant
Fund.
- - -- -- - -------- - - - - --
C ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Tom Carr, Director, Planning Building and Development
Jillian Papa, City Planner /ARB Agent
'COMMONWEALTH of VIRGINIA
1. Pasoan Brvurr, ]t. Department of Historic Resources
Seweta, of Natural Resouacr
2801 Kensington Avenue, Richmond, Virginia 23221 -0311
Jane 27, 2012
Mr. Christopher P. Morrill, City Manager
City of Roanoke
215 Church Avenue, SW
Room 166
Roanoke, VA 24011
RE: 2012 -13 CLG Grant Agreement
Dear Mr. Morrill:
Kathleen 5. Kdpmrick
Dan" o,
Tcl. (804)367 -2323
1a, (904136 /-2391
I DD. (8041 3o7 2386
»ww.dhr. vu,non, g,,
I am pleased to enclose an agreement for your 2012 -13 CLG Grant for $7,500 for the preparation
of nominations for the Melrose -Rugby and Riverland Historic Districts. We look forward to
working with you on this project.
Please sign this agreement and retum it to Pamela Schenian, Tidewater Regional Preservation
Office, 14415 Old Courthouse Way, Newport News, VA 23608 in the next ten days. If you
have any questions, you are welcome to contact Pamela at (757) 886 -2818.
Sincemly; —.__.
Kathleen S. Kilpatrick �l
Director
Virginia Department of Historic Resources
Adndnlstrativa Sepias C
Capital Region Office T
Tidewater Regmr Office R
Roanoke Region Office D
Certified Local Government Grant Agreement
2012 -2013
This agreement entered into this 1st day of June, 2012, by the Commonwealth of
Virginia, Department of Malone Resources (DHR), and the City of Roanoke, the
Certified Local Government (CLG), WITNESS that DHR and the CLG, in consideration
of the mutual covenants, promises, and agreements herein contained, agree that the gram
awarded by DHR to the CLG shall be described below:
Project Title: Nomination of Eligible Melrose -Rugby and Riverland Historic
Districts
Gnat Amount: $7,500 Matching Share: 57,5N Total Project Coats: $15,000
Grant Period: June 15,2012,* through June 15, 2013.
*Actual start date is the date of full execution of agreement.
This grant agreement incorporates the following documents:
(1) This signed form;
(2) DHR Request for Applications — 2012 -13 CLG Subgrant Program, dated
February 9, 2012:
(3) Grant Application from the City of Roanoke, dated April 2, 2012;
(4) Any negotiated modifications thereto, all of which are referenced below:
a. Any publications produced with grant fords must include the language
concerning NPS financial assistance and nondiscrimination as shown
below:
This publication has been financed in part with Federal funds from the National
Park Service, U.S. Department of the Interior. However, the contents and
opinions do not necessarily reflect the view or policies of the U.S. Department of
the Interior. This program receives Federal financial assistance for identification
and protection of historic properties. Under Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination
Act of 1975, as amended, the U.S. Department of the Interior prohibits
discrimination on the basis of race, color, national origin, disability or age in its
federally assisted programs. If you believe you have been discriminated against
in any program, activity, or facility as described above, or if you desire further
information, please write to: Office of Equal Opportunity, National Park Service,
1849 C Street, NW, Washington, D.C. 20240.
Page 2, City of Roanoke
June 26, 2012
IN WITNESS WHEREOF, the parties have caused this Chant Agreement to be
duly execated, intending to be bound thereby.
CERTIFIED LOCAL GOVERNMENT COMMONWEALTH OF VIRGINIA
DEPT. OF HISTORIC RESOURCES
Signature:
Name: Christopher P. Morrill Name: Kathleen S. Kilpatrick
Title: City Manager Title: Director
Date: ��
3._
RECEIVED
AU6 - 62012
OFFICE OF THE
' Cr1V M,WAGER
COMMONWEALTH ®f VIRGINIA
L. P,eston Bryan., J, Department of Historic Resources Kathleen S. Kilpzml:k
Secremry or Normal 3enoomes D-cl-
2801 Kensington Avenue, Richmond, Virginia 23221 -0311
Tel (844)367 -313
August 1, 2012 Fax (e<w) 3672391
1 DID (804) 367 -23x,
a,,w di, vireinia y,Iv
Mr. Christopher P. Morrill, City Manager
City of Roanoke
215 Church Avenue, SW
Room 166
Roanoke, VA 24011
RE: 2012 -13 CLG Grant Agreement
Dear W. Morrill:
1 am pleased to enclose an agreement for your 2012 -13 CLG Grant for $2,000 for the survey and
boundary expansion of the Downtown Roanoke Historic Districts. We look forward to working
with you on this project.
Please sign this agreement and return it to Pamela Schenisn, Tidewater Regional Preservation
Office, 14415 Old Courthouse Way, Newport News, VA 23608 in the neat ten days. If you
hav uesaons, you are welcome to contact Pamela at (757) 886 -2818.
Sincerely,
Kathleen S. Kilpatrick
Director
Virginia Department of Historic Resources
Adniinlslatiae S
Sevlcer C
Capital Rceion Office T
Tidewmer Region Ofice R
Certified Local Government Grant Agreement
2012 -2013
This agreement entered into this 1 st day of June, 2012, by the Commonwealth of
Virginia, Department of Historic Resources (DHR), and the City of Roanoke, the
Certified Local Government (CLG), WITNESS that DHR and the CLG, in consideration
of the mutual covenants, promises, and agreements herein contained, agree that the grant
awarded by DHR to the CLG shall be described below:
Project Title: Survey and Boundary Expansion of Downtown Roanoke Historic
District
Grant Amount: $2,000 Matching Share: $2,000 Total Project Costs: $4,000
Grant Period: June 15,2012,- through June 15, 2013.
*Actual start date is the date of full execution of agreement.
This grant agreement incorporates the following documents:
(1) This signed form;
(2) DHR Request for Applications — 2012 -13 CLG Subgrant Program, dated
April 18, 2012:
(3) Grant Application from the City of Roanoke, dated May 14, 2012;
(4) Any negotiated modifications thereto, all of which are referenced below:
a. Any publications pmduced with grant funds must include the language
concerning NPS financial assistance and nondiscrimination as shown
below:
This publication has been financed in pan with Federal funds from the National
Park Service, U.S. Department of the Interior. However, the contents and
opinions do not necessarily reflect the view or policies of the U.S. Department of
the Interior. This program receives Federal financial assistance for identification
and protection of historic properties. Under Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination
Act of 1975, as amended, the U.S. Department of the Interior prohibits
discrimination on the basis of race, color, national origin, disability or age in its
federally assisted programs. If you believe you have been discriminated against
in any program, activity, or facility as described above, or if you des m further
information, please write to: Office of Equal Opportunity, National Park Service,
1849 C Street, NW, Washington, D.C. 20240.
Page 2, City of Roanoke
August 1, 2012
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be
duly executed, intending to be bound thereby.
CERTIFIED LOCAL GOVERNMENT COMMONWEALTH OF VIRGEWA
DEPT. OF HISTORIC RESOURCES
Name: Christopher P. Morrill Name: Kathleen S. Kilpatrick
Title: City Manager Title: Director
Date: Date:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39479 - 082012.
A RESOLUTION creating a Mini -Arts and Cultural Plan Implementation Grant Program.
WHEREAS, the City of Roanoke approved the Arts and Cultural Plan ( "Plan") by Ordinance
No. 39190 - 081511 on August 15, 2011, and incorporated such Plan as an element of the City's
Comprehensive Plan;
WHEREAS, the Plan includes policies encouraging public investment and incentives to foster
an innovative and vibrant cultural scene within the City's neighborhoods and educational organizations;
and
WHEREAS,
Section 15.2 -953 of the Code of Virginia
(1950),
as amended, provides that
localities may make donations to non - sectarian charitable institutions and associations, and volunteer
and nonprofit organizations, that provide services to the residents of the locality or services to beautify
and maintain communities or prevent neighborhood deterioration.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows:
City Council hereby establishes a program of Mini -Arts and Cultural Plan
Implementation grants to create collaborative projects that implement policies, strategies and actions in
the Arts and Cultural Plan.
2. The City Manager is authorized to administer the Mini -Arts and Cultural Plan
Implementation grants on behalf of the City.
3. The terms and conditions of the Mini -Arts Grants shall be substantially as setout in the
City Council Agenda Report dated August 20, 2012,
4. The City Manager may award grants of up to $2,500, and accept or reject any cash grant,
donation or bequest consistent with the City Code.
5. All forms, applications or documents used in connection with such Mini -Arts Grants
shall be approved by the City Attorney.
ATTEST:
City Clerk
�\ S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39480- 082012.
AN ORDINANCE to appropriate funding from the Foundation for Roanoke
Valley for the establishment of Arts and Cultural Plan Mini Grants, amending and
reordaining certain sections of the 2012 -2013 General and Grant Funds 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 2012 -2013 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund
01- 250- 9310 -9535
$ 6,000
Arts and Cultural Plan
01- 610 -8110 -3979
(6,000)
Grant Fund
Appropriations
Arts & Cultural Mini Grants
35- 610 - 8169 -3992
12,000
Revenues
Arts & Cultural Mini Grants — Foundation
35- 610 - 8169 -8169
6,000
For Roanoke Valley
Arts & Cultural Mini Grants — Local
35- 610- 8169 -8170
6,000
Match
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.
�l CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Establishment of Arts and Cultural Plan Implementation Mini
Grants
Background:
City Council adopted the City's first Arts and Cultural Plan in August 2011. Since
then an Arts and Cultural Plan Implementation Committee of the Roanoke Arts
Commission (RAC) has met monthly and is working with many community
partners to implement the actions in the plan. Much work has been accomplished
since the adoption of the plan. However, the plan has always been viewed as a
"community plan" to be accomplished with the help of many community partners.
In that vein, the application for arts and cultural funding was modified in 2012 so
applying organizations must tie their projects to implementation of the plan. The
mini grant is another vehicle by which the community can support plan
implementation.
Considerations:
The RAC staff and the Planning Department obtained permission from the City
Manager to use the remaining funds in the Arts and Cultural Plan line item
($5,567.50) for a round of mini - grants to incentivize arts organizations, artists,
educators and neighborhoods to develop projects that implement one or more of
the goals in the plan on a collaborative basis. Staff obtained a commitment of
$6,000 in matching funds from the Foundation for the Roanoke Valley. The grant
process will work similar to the RAC's annual funding process conducted by the
Agency Funding Advisory Committee. Grants will range from $500 to $2,000.
Recommended Action:
Adopt the attached resolution establishing a program of Mini -Art and Cultural Plan
Implementation grants, and adopt the accompanying budget ordinance to transfer
funds from the Mini Grant and Donation Contingency Account 01- 300 - 9410 -2299
to a new account to be established by the Director of Finance in the Grant Fund.
_(�3_ C -, --- - - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Tom Carr, Director of Planning Building and Development
Susan Jennings, Arts and Culture Coordinator
August 21, 2012
Stephanie M. Moon
City Clerk
Roanoke, Virginia
Dear Ms. Moon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as City Clerk of the City of Roanoke, for a term
of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
Jonathan E. Craft
Deputy City Clerk
CITY OF ROANOKE
,p
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
T,lepnone: (540)853 -2541
Fax: (540)853 -1145
E -mail: elerkCronnokeva.Vv
IONATHANE.CRAFT
STEPHANIEM. MOON,MMC
Deputy City Clerk
City Clerk
CECELIAT. WEBB
AuiUmA Deputy City Clerk
August 21, 2012
Stephanie M. Moon
City Clerk
Roanoke, Virginia
Dear Ms. Moon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as City Clerk of the City of Roanoke, for a term
of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
Jonathan E. Craft
Deputy City Clerk
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Jonathan E. Craft, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the twentieth day of August 2012,
STEPHANIE M. MOON was reappointed as City Clerk of the City of Roanoke, for a
term of two years commencing October 1, 2012, and ending September 30, 2014.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
August 2012.
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Stephanie M. Moon, do solemnly swear that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me City Clerk of the City of Roanoke, for a term of two years
commencing October 1, 2012, and ending September 30, 2014, according to the best of
my ability. So help me God.
Stephanie M. Moon
The foregoing oath of office was taken, sworn to, and subscribed before me by
Stephanie M. Moon this _ day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
August 21, 2012
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as Director of Finance of the City of Roanoke,
for a term of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
�n' rnooA'
Stephanie M. Moon, MMC
City Clerk
CITY OF ROANOKE
.�
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
4
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Faa: (540)853 -1145
E -mail: clerkaroatrokeva.gov
JONATHAN E. CRAFT
STEPHANIEM.MOON,MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as Director of Finance of the City of Roanoke,
for a term of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
�n' rnooA'
Stephanie M. Moon, MMC
City Clerk
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the twentieth day of August 2012, ANN H. SHAWVER was
reappointed as Director of Finance of the City of Roanoke, for a term of two years
commencing October 1, 2012, and ending September 30, 2014.
Given under my hand and the Seal of the City of Roanoke this twenty -first day of
August 2012. y�,�
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Ann H. Shawver, do solemnly swear that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me Director of Finance of the City of Roanoke, for a term of two years
commencing October 1, 2012, and ending September 30, 2014, according to the best of
my ability. So help me God.
Ann H. Shawver
The foregoing oath of office was taken, sworn to, and subscribed before me by Ann H.
Shawver this _ day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
August 21, 2012
Troy A. Harmon
Municipal Auditor
Roanoke, Virginia
Dear Mr. Harmon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as Municipal Auditor of the City of Roanoke, for
a term of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
;4M1. Moon, MMC b
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Suite 456
r}
Roanoke, Virginia 24011 -1536
Telephone: (540)852 -2541
Pas: (540)853 -1145
E -mail: derk@roenokeva.gov
JONATHAN E. CRAFT
STEPHANIE M.MOON,MMC
Deputy City Clerk
City Clerk
CECELIA T. "EBB
Areislant Deputy City Clerk
August 21, 2012
Troy A. Harmon
Municipal Auditor
Roanoke, Virginia
Dear Mr. Harmon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 20, 2012, you were reappointed as Municipal Auditor of the City of Roanoke, for
a term of two years commencing October 1, 2012, and ending September 30, 2014.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2012.
Sincerely,
;4M1. Moon, MMC b
City Clerk
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the twentieth day of August 2012,
TROY A. HARMON was reappointed as Municipal Auditor of the City of
Roanoke, for a term of two years commencing October 1, 2012, and ending
September 30, 2014.
Given under my hand and the Seal of the City of Roanoke this twenty -first
day of August 2012.
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Troy A. Harmon, do solemnly swear that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as Municipal Auditor of the City of
Roanoke, for a term of two years commencing October 1, 2012, and ending
September 30, 2014, according to the best of my ability. So help me God.
Troy A. Harmon
The foregoing oath of office was taken, sworn to, and subscribed before me by
Troy A. Harmon this _ day of 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
STEPHANIE M. MOON, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone. (540) 853 -2541
Fns: (540) 853 -1145
E -mail rlerloa'roanokeva.gov
August 20, 2012
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
JONA THAN E. CRAFT
Deputy City Clerk
CECELIA T. W EBB
Assistant Deputy City Clerk
Pursuant to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City
Charter, that during the month of September 1974 and during the month of September of
the second year thereafter, the Council shall elect a City Clerk, a Director of Finance, a
City Attorney and a Municipal Auditor, each of whom shall serve for a term of two years
from the first day of October next following the date of their election and until their
successor shall have been elected and qualified.
The two -year terms of the following Council Appointed officers will expire on
September 30, 2012:
Stephanie M. Moon, MMC, City Clerk
Ann H. Shawver, Director of Finance
Troy A. Harmon, Municipal Auditor
Sincerely,
Stephanie M. Moon, MM \C`
City Clerk
SMM:ctw
of
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Suite 456
w
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
E -mail: elerk@,r oanokeva.gov
JONATHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Aeeietant Deputy City Clerk
August 21, 2012
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 39481- 082012 to appropriate funding
from the Commonwealth for Project Graduation Summer Academy, amending and
reordaining certain sections of the 2012 -2013 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012, and is in full force and effect upon its
passage.
Sincerely,
�44� Y-y- to
Stephanie M. Moon, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director, Management and Budget
PAS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day. of August, 2012.
No. 39481 - 082012.
AN ORDINANCE to appropriate funding from the Commonwealth for the Project Graduation
Summer Academy, amending and reordaining certain sections of the 2012 -2013 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
2012 -2013 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Supplemental Pay — Forest Park 302 - 110 - 0000 - 1304 -309G- 61100 - 41129 -3 -01 $ 14,784
Academy
Supplemental Pay — Patrick 302 -110- 0000 - 0390 -309G- 61100 - 41129 -3 -01 14,784
Henry
Revenues
State Grant Receipts 302 - 000 - 0000 - 0000 -309G- 00000 - 32418 -0 -00 29,568
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST
p_ :4 ":' \ —
m V
City Clerk.
August 20, 2012
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, August 14, 2012,
the Board respectfully requests City Council approve the following
appropriation request:
Appropriation Total Award
Project Graduation Summer Academy $29,568
The School Board is appreciative of your approval of the appropriation
request as submitted.
Sincerely,
((��
• P"Aw,—
Cindy H. Poulton, Clerk
pc: Timothy Spencer
Rita D. Bishop
Chris Morrill
Curt Baker
Ann Shawver
Margaret Lindsey
David B. Carson
Acquenatta Harris (w /details)
P: 540 -853 -2381 f: 540 -853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
�W
ROANOKE CITY
PUBLIC SCHOOLS
School Board
David B. Carson
Chairman
Todd A. Putney
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Lori E. Vaught
Richard Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
f _
u �� D. REPORT CITY COUNCIL
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: School Board Appropriation Request
Background:
As the result of official School Board action at its August 14th meeting, the Board
respectfully requested that City Council appropriate funding for the 2012 -13
Project Graduation Summer Academy. This grant of $29,568 provides funds for
high school instruction for seniors needing verified credits to graduate and for
sophomores and juniors who passed a class but failed the associated Standards
of Learning (SOL) exam. The grant will be fully reimbursed by state funds and
will end August 31, 2012.This is a continuing program.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to establish a revenue estimate and to
appropriate funding as outlined.
A HAWVER
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
Office of the Mayor
4 n
CITY OF .1 ROANOKE
•
WHEREAS, the City of Roanoke possesses one of nation's largest
municipal park resources and outdoor recreation destinations, containing
more than 11,363 protected acres of dramatic sightlines, hardwood forests,
wildlife habitat, unique ecosystems, and 46 miles of multi - purpose trails
including more than 4 miles of the Appalachian Trail,
WHEREAS, the Comprehensive Plan for the City of Roanoke includes the
Carvins Cove Natural Reserve Management Plan that provides a
prescriptive management direction for Roanoke Parks and Recreation, such
that the City continues to be exceptional stewards of this rich and unique
natural resource to serve both current and future generations of citizens as
well as visitors to the Roanoke Valley,
WHEREAS, in accordance with these stewardship prescriptions, the City
of Roanoke executed a Trails Management Plan in 2010, created by both
Pathfinders for Greenways and Roanoke Parks and Recreation establishing
an administrative criteria for the management and administration for the
trails system within Carvins Cove, establishing the Pathfinders for
Greenways volunteer network as the City's official maintenance partner for
the trails system, and
WHEREAS, as recommended within the Trails Management Plan, the
4 Gorge Trail Extension was completed in May 2012, helping connect the
Bennett Springs Toilhead to the Brushy Mountain Trail, encompassing
more than 42 work days spread over a one year period, totaling more than
1,628 volunteer hours.
NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke,
Virginia, call upon all citizens, families, agencies, governments, and outdoor
enthusiasts to join me in recognizing and appreciating the efforts of our trail
volunteers, whose selfless dedication of time and resources enable all of us
to have the ability to freely experience the unparalleled scenic beauty of the
Carvins Cove Natural Reserve.
Given under our hands and the Seal of the City of Roanoke this twentieth
day of August in the year two thousand and twelve.
ATTEST.
HHH ��1-Stephanie M. Moon
City Clerk
David A. Bowers
Mayor
August 21, 2012
Mr. Corbin White, Agent
Caldwell -White & Associates
P.O. Box 6260
Roanoke, Virginia 24017
Dear Mr. White:
CECELIAT. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39482- 082012 rezoning property located at 2031
Routt Road, N. W., from Residential Mixed Density District, RM -2, to INPUD,
Institutional Planned Unit Development District, as set forth in the Amended Application
No. 2 dated July 13, 2012.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012; and is in full force and effect upon its
passage.
Sincerely,
Step anie M. Moon, MMC
City Clerk
Enclosure
PC: Reverend Antonio Jones, Pastor, Kingdom Harvest Ministries International, 3433
Ferncliff Avenue, N. W., Roanoke, Virginia 24017
Kansas Blair King, 2062 Routt Road, N. W., Roanoke, Virginia 24017
Dollie W. Williams, 2054 Routt Road, N. W., Roanoke, Virginia 24017
Charles C. Cuff, Saundra L. Cuff, 2046 Routt Road, N. W., Roanoke, Virginia
24017
CITY OF ROANOKE
,.
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -x541
Fax: (540) 853 -1145
E -maii: rlerWroanpkeva.gov JONATHAN E. CRAFT
STEPHANIEM.MOON, h1MC
Deputy City Clerk
City Clerk
,
August 21, 2012
Mr. Corbin White, Agent
Caldwell -White & Associates
P.O. Box 6260
Roanoke, Virginia 24017
Dear Mr. White:
CECELIAT. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39482- 082012 rezoning property located at 2031
Routt Road, N. W., from Residential Mixed Density District, RM -2, to INPUD,
Institutional Planned Unit Development District, as set forth in the Amended Application
No. 2 dated July 13, 2012.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012; and is in full force and effect upon its
passage.
Sincerely,
Step anie M. Moon, MMC
City Clerk
Enclosure
PC: Reverend Antonio Jones, Pastor, Kingdom Harvest Ministries International, 3433
Ferncliff Avenue, N. W., Roanoke, Virginia 24017
Kansas Blair King, 2062 Routt Road, N. W., Roanoke, Virginia 24017
Dollie W. Williams, 2054 Routt Road, N. W., Roanoke, Virginia 24017
Charles C. Cuff, Saundra L. Cuff, 2046 Routt Road, N. W., Roanoke, Virginia
24017
Mr. Corbin White, Agent
August 21, 2012
Page 2
pc: William M. & Nita F. Hankins, Jr. , 2036 Routt Road, N. W., Roanoke, Virginia
24017
Rafan, L.L.C., PO Box 6284, Roanoke, Virginia 24017
M & W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015
Samuel A. & Cynthia Cardona, Aguado & Carmen Wilver, 3703 Cove
Road N. W., Roanoke, Virginia 24017
Robert L. & Patricia E. Graham, 3710 Cove Road, N. W., Roanoke, Virginia
24017
Clinton D. Barlow, 3646 Cove Road, N. W., Roanoke, Virginia 24017
Charles M. & Colleen M. Miles, 3623 Cove Road, N. W., Roanoke, Virginia
24017
Mulinda James, P. O. Box 1288, Salem, Virginia 24153
F & W Management, Ferncliff Apartments, P. O. Box 20809, Roanoke, Virginia
24018
Valerie Garner, Chair, Countryside Neighborhood Alliance, 2265 Mattaponi
Drive, N. W., Roanoke, Virginia 24017
Millie Steele, 2235 Countryside Road, N. W., Roanoke, Virginia 24017
Felicia Journiette, 4410 Cove Road, N. W., Roanoke, Virginia 24017
Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Rebecca Cockram, Secretary, City Planning Commission
Ak-/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39482- 082012.
AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, to rezone certain property within the City, from Residential Mixed Density District,
RM -2, to INPUD, Institutional Planned Unit Development District; and dispensing with the
second reading by title of this ordinance.
WHEREAS, Pastor Antonio Jones, on behalf of Kingdom Harvest Church, has made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have property
located at 2031 Routt Road, N.W., bearing Official Tax Map No. 6440101, rezoned from
Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit Development
District, as set forth in the Zoning Amendment Application No. 2 dated July 13, 2012;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on August 20, 2012, 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 amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
Ord -2031 Rou Rd, NW - rezone pr, d.c
convenience, general welfare and good zoning practice, requires the rezoning of the subject
property, and for those reasons, is of the opinion that the hereinafter described properties should
be rezoned as herein provided.
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 Official Tax Map No. 6440101, be, and is hereby rezoned from
Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit Development
District, as set forth in the Zoning Amendment Application No. 2 dated July 13, 2012.
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
0rd -2031 Roun Rd, NW - rezone prop doc 2
1A CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Pastor Antonio Jones on behalf of Kingdom Harvest Church to
rezone the property located at 2031 Routt Rd., NW, bearing Tax
No.6440101, from Residential Mixed Density District (RM -2) to
Institutional Planned Unit Development District ( INPUD). The
land use categories permitted in the INPUD District include
residential; accommodations and group living; commercial;
assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and
accessory, with a maximum density of one dwelling unit per
1,800 square feet of lot area. The comprehensive plan
designates the property for multifamily residential. The
proposed use of the property is a place of worship.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Thursday, July 19, 2012. By
a vote of 7 - 0, the Commission recommended approval of the rezoning
request, finding the application to rezone the subject property to be consistent
with the Zoning Ordinance, Vision 2001 -2020, and the Peters Creek North
Neighborhood Plan
Application Information
Request:
ning
Owner:
oanoke, LLC
Applicant:
r Antonio Jones, Kingdom Harvest Church
Authorized Ain
W-
White, Caldwell White Associates
City Staff Per
rine Gray, Land Use and Urban Design Planner
Site Address /Routt
Road, NW
Official
Official Tax N101
Site Area:
6.99 acres
Existing Zoning:
RM -2, Residential Mixed Density District
Proposed Zoning:
INPUD, Institutional Planned Unit Development
District
Existing Land Use:
Vacant
Proposed Land Use
Place of Worship
Neighborhood Plan:
Peters Creek North Neighborhood Plan
Specified Future Land Use:
Multifamily Residential
Filing Date: Original Application: June 7, 2012
Background
In April 2012, PastorJones, on behalf of Kingdom Harvest Church met with staff
from the City of Roanoke to discuss a proposed church to be constructed on a
parcel on Routt Road.
In May 2012, Pastor Jones filed a partial application to rezone tax map number
6440101 located on Routt Road. The application was not complete by the
deadline and could not be accepted.
In June 2012, PastorJones filed an application to rezone tax map number
6440101 located on Routt Road. The rezoning to INPUD would permit the
construction of a church based on a specific development plan.
The 12,000 square feet proposed church sits on the corner of Routt Road and
Cove Road facing Routt Road. The main entrance to the church faces Routt.
The parking is sited to the side of the building. A stormwater retention facility
will be sited in the southeast corner of the property.
In June 2012, PastorJones filed Amended Application No.l, addressing some
staff comments related to the location of site development features.
Conditions Proffered by the Applicant
None.
Considerations
Surrounding Zoning and Land Use:
Zoning District
Land Use
North
_ _
R -7 - Residential Single - Family District
Dwelling, Single - Family
ROS - Recreation and Open Space
Detached and Recreation,
District
outdoor
South
R -7 - Residential Single - Family District
Dwelling, Single - Family
RMF - Residential Multifamily District
Detached, Vacant; and
Dwelling, multifamily
East
INPUD - Institutional Planned Unit
Educational facilities,
Development District
elementary/middle /second
RMF - Residential Multifamily District
ary and Dwelling,
multifamily
West
_
R -7 - Residential Single - Family District
Dwelling, Single - Family
IN - Institutional District
Detached and Place of
worship
Compliance with the Zoning Ordinance:
The proposed development plan shows 86 parking spaces, not including
required handicap accessible spaces, serving a 12,000 square feet place of
worship. The City's Zoning Ordinance specifies a minimum of one parking
space per four seats in the portion of the building to be used for services.
Based upon the projected membership of the church in 2021, the minimum
number of parking spaces, not including required handicap accessible spaces,
required for the church will be 79 and the maximum number of parking spaces
will be 111.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Peters Creek North Neighborhood Plan
recognize the need for development that addresses areas of transition between
dense commercial /institutional uses and single family residential uses. Several
design principals are listed in each of the plans that address this need.
Although the suggested future land use for this property is multifamily
residential, a place of worship for community residents is also appropriate and
provides a good transition between dense commercial /institutional uses and
single family residential uses.
Relevant Vision 2001 -2020 policies:
Design Principals:
• Street improvements within suburban neighborhoods should focus on
greater vehicular connection, pedestrian amenities, and reduction of
pavement width.
• Off - street parking should be located at the side or rear of buildings.
• Planting strips, the area between a curb and a sidewalk, should be used
to accommodate street trees. They should be provided on all urban
residential access streets, neighborhood collectors, and most arterials.
• Building location and design should be considered as important elements
of the streetscape and should be used to define the street corridor as a
public place, especially at major intersections.
• Building fronts and entrances should face a street.
Relevant Peters Creek North Neighborhood Plan policies:
Economic Development Policies
• Encourage good relationships between commercial and residential
development through thoughtful site and building design, landscaping,
and transitional uses.
Infrastructure Policies
• Improve the sidewalk /curb system.
• Install curb and gutter consistent with the parameters of the Vision 2001-
2020 comprehensive plan.
• Number of lanes should be kept to the minimum necessary.
• Sidewalks and /or greenways should be provided to accommodate
pedestrians and bicyclists.
• Street trees should be provided between the sidewalks and curb to reduce
the visual, noise impacts on surrounding residences, and provide
separation of pedestrian and vehicular traffic
• Require developers to install sidewalks and curbs at rezoning, special
exception, or subdivision stage in a manner consistent with current city
policy.
• Provide planting strips at least six feet wide when new sidewalks and
curbs are installed.
Quality of Life Policies
• Improve non - motorized transportation and circulation in the
neighborhood.
Outside Agency Comments:
Not applicable.
City Department Comments:
Street Design Team
• The proposed plan needs to be revised to conform to the City of
Roanoke Street Design Guidelines. The streetscapes along Cove and
Routt Roads must be in consistent with the design principles set forth in
the Suburban Neighborhood Character District section of the Street
Design Guidelines. The ideal typical section for this part of Cove Road
based on a 50 foot right -of -way width is LCSB(2b) on page 47 if no turn
lane is required or CSB(2d) on page 49 if a turn lane is required. The
planting strip should be 7' wide with large trees planted in the planting
strip. Bicycle accommodation should be provided. For consistency with
4
the Street Design Guidelines, the applicant should dedicate a strip of
land adjacent to the existing street right -of -way to the City. The final
plans should be reviewed by the Street Design Team before final plans
are approved.
Transportation Engineer
A warrant analysis for turning lanes on Cove Rd is required.
Public Comments:
No comments.
Planning Commission Work Session:
No comments.
Planning Commission Public Hearing Discussion:
None.
i
(Jra Katz, Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Timothy R. Spencer, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Pastor Antonio Jones, Kingdom Harvest Church
Corbin White, Caldwell White Associates
Department of Planning, Building and Development
Room 100, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 8531730 Fm: (540) 0511230
Date:
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
JUL 13 2012
ROANOKE
CRY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Submittal Number
[}Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: I 2C)31 �w n/w �S.
Official Tax No(s).: I 6 44O l o )
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Uniting Base Zoning:
❑ With Conditions
(If multiple zones, please manualty enter all districts)
[- Without Conditions
Ordinance No(s). for E>asbng Conditions (If applicable):
Requested Zoning: /N PU /7 Proposed Lard Use:
/�
P /pc or INo
t'
,Name:
VC, 90 c+ Olep LLC
Phone Number.
Address:
11:5-5- />Pac/i /,F P S ":r
E -Mail:
,411o,? /-,?, C,A 30309
Property Owner's signature:
Phone Number: F360 -S`4ZI
Name:
'si a/om %Y4�✓PS� C''Su�p'%
A !�3 �i- nc /'��'A✓P N1/r/ .Ca�mf
E -Mail:
/�asa<c. -T � ,KNC /F�
O eG� CCJ/Yf
Ice Ws Ilignatu re
rl VVlrf ��E
Phone Number.
Name:
of -�/i'n /�%Lji �t°-�c�t�W /�W�iiY�
Address:
,PO 5oX 6�6U � r1o�r° ✓><i
X40/ 7
E -Mail ClN/�rponokP Pao%
co
Authorized Agents Signature:
1�
T�.usT Tim Laumakis
CRM Mid-Atlantic Properties, LLD
S.�{
��11N �1RRUS Vice President
3620 Six Forks Rd. Suite 200
Raleigh, NC 27609
Tal 919.8704748
lim.laumakist3isunlrust. com
RECEIVED
Date: May 18, 2012 MAY 21 2012
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Katharine Gray
Architect, Leed AP, EarthCraft Certified Land Use & Urban Design Planner
Planning, Building & Development
City of Roanoke
215 Church Avenue SW, Room 166
Rcanoke,VA 24011
Phone: 540.853.1502
E -mail: katharine.gray @roanokeva.gov
RE: Zoning Application- 3433 Ferncliff Ave, Roanoke, VA
Katharine -
VC Roanoke, LLC is the owner of the property located at 3433 Ferncliff Avenue, Roanoke, Virginia (Tax No
6440101) ( "Property "). Kingdom Harvest Church, International, Inc. is under contract to purchase the
Property. This letter shall serve as our authorization for Kingdom Harvest Church, International, Inc. to
proceed with rezoning the property from RM -2 to INPUD.
Regards,
Tim Laurri
Vice President
VC Roanoke, LLC
By: 2003 CDC Manager,
By: CDC Manager, Inc.,
Cc: Project File
LLC, its Managing Member
its Manager
�CWA
CALDWELL WHITE ASSOCIATES
ENGINEERS /SURVEYORS /PLANNERS
FRANK B. CALDWELL, III, PR_ L.S.
CORBIN L. WHITE, P.B.
Kingdom Harvest Church Intemational
Proposed Rezoning From RM -2 to INPUD
City of Roanoke Tax Parcel 6440101— Routt Rd., Cove Rd., and Femcliff Ave., NW
REZONING REQUEST NARRATIVE
Description of Proposed Use and Development of the Proverty
It is proposed that the currently zoned RM -2 parcel be rezoned to INPUD to allow
Kingdom Harvest Church Intemational to construct a new church facility for its
congregation.
Currently, two Sunday services are being provided in their facility located on Femcliff
Avenue, at its intersection with Hoback Drive, N.W. Given the close proximity to their
current location, this will be ideal and will likely not result in a loss of congregation due
to excessive travel distances. It is the church's intent to develop the southern end of the
site, as shown on the attached Development Plan. Providing the new 12,000 square
foot building and 95 new parking spaces will allow their congregation to grow over
several years without exceeding their capacity.
Justification for the Chance
The INPUD zoning district is by definition:
"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 ".
As this church is already directly tied to the surrounding community by way of their
Sunday worship services, and is proposing to develop the property in .a relatively benign
way, we feel that there should be no negative impacts on the surrounding residential
neighborhoods. We believe that the construction of a church facility on this parcel will
act as an ideal transition between the multi - family apartments and INPUD -zoned high
school located to the east of the site, and the single - family residential districts located to
the west of the site.
Effect of the Proposed Amendment on the Surrounding Neiahborhood
The direct effects of traffic due to construction of this church will depend on the scale of
view that is taken. It is almost certain that Routt Road will see an increased volume of
traffic on Sunday momings. However, given that the Church's current facility is located
less than 0.60 miles away on Femcliff Avenue, the impacts on the actual infrastructure
will be negligible. Furthemrore, as we propose that a new street connection be made on
Routt Road instead of Cove Road, we do not anticipate that traffic issues will exist.
4203 MELROSE AVENUE, NW, P.0. BOX 6260, ROANOKE, VA 24017 0260 (540) 3663400 FAX (540) 366$702
We have prepared a list of Traffic Considerations (please see attached), which outlines
the church's current congregation as well as their growth rate based on past records.
It is estimated that the requirement for a formal traffic study would not be warranted until
the year 2021 based on peak hour concerns. However, the church is optimistic enough
about their growth rate that they intend to construct sufficient indoor space and parking
spaces to allow the future growth, rather than outgrowing their facility shortly after its
construction.
There are several IN zoned parcels along the Cove Road corridor, but to our
knowledge, these parcels are not currently available.
There are two INPUD zoned parcels in the general vicinity as well. One of which is
William Fleming HS, and the other is the Trustees of Central Baptist Church tract
located off of Hershberger Road, and to our knowledge these also are not currently
available.
More distant parcels of similar zoning classifications were not investigated, as
constructing a new church facility any substantial distance from the congregation
basically defeats the purpose of a community church, and may result in a reduced
attendance.
The Peters Creek North Neighborhood Plan speaks of improving street infrastructure by
installing curb and gutter where it currently does not exist. As shown on the attached
Development Plan, the church proposes to install new curb and gutter and sidewalk
along Cove Road, to interconnect with existing features along Routt Road. We have
also shown the necessary Right -of -Way dedication to allow installation of these
improvements, as well as installation of street trees along those portions of both streets
that are not currently wooded.
The Neighborhood Plan also references a 3-acre parcel on Routt Road as being
appropriate for multi- family housing, which may or may not refer to the subject site.
Regardless, the Neighborhood Plan notes that care must be taken to make the multi-
family development compatible with the existing single - family neighborhood. Given the
development intensity proposed by the church, we cannot imagine a multi- family
development located on this site that would impact the neighborhood and the
infrastructure less than the proposed church. As stated above, we believe that the
church use would be a much more reasonable transitional development, and would
therefore benefit the community.
Kingdom Harvest Church International
Proposed Rezoning From RM -2 to INPUD
City of Roanoke Tax Parcel 6440101— Routt Rd., Cove Rd., and Femcliff Ave., NW
TRAFFIC CONSIDERATIONS
Currently, two Sunday services provide for a total congregation of approximately 160
persons. It is estimated that the service attendances are split approximately 60140.
A generally accepted passenger per vehicle ratio for church attendance is 3.0.
Therefore, in order to breach the 100 vehicle trips per peak hour, we will be required to
provide a traffic study upon reaching a peak attendance of 300 members at the primary
Sunday service.
Recent years expansion rates for the congregation have been approximately 14% per
year Projecting forward at this rate, and assuming a continued two-service Sunday:
2013: total of 183 members (110 and 73)
2014: total of 209 members (126 and 83)
2015: total of 239 members (144 and 95)
2016: total of 273 members (164 and 109)
WIT total of 312 members (188 and 124)
2018: total of 356 members (214 and 142)
2019: total of 406 members (244 and 162)
2020: total of 463 members (278 and 185)
2021: total of 528 members (317 and 211)
According to the listed assumptions, the threshold of 300 persons per peak hour will
occur 9 years forward.
As shown on the Development Plan, 95 total new parking spaces are proposed.
Based on current zoning ordinance requirements, this number of spaces will support a
range of 271 to 380 seats in the main sanctuary.
Based on the above - assumed 3.0 persons per vehicle, this number of spaces will
support up to 285 persons attending the primary Sunday service.
�rCWA
CALDWELL WHITE ASSOCIATES
EKG] NEE'R S /SURVEYORS /PLANNERS
FRANK B. CALDWELL, III, PE., L.S.
CORBIN L. WHITE, P E.
City of Roanoke June 28, 2012
Dept. of Planning, Building, and Development
Attn: Ms. Katharine Grey
Room 166
215 Church Ave., S. W.
Roanoke, Va. 24011
RE.. Amendment of Zoning for Official Tax Number 6440101
Kingdom Harvest Church International
2031 Routt Road, NW — City of Roanoke, VA
Dear Katharine:
This letter is provided in response to the Citys review comments dated June 22, 2012 for the
above referenced Project. For clarity, the Cdys comments are included in "standard text", while
our responses are in "bold italic text ".
In short, we have addressed the plan review comments relative to the Rezoning Development
Plan, while the comments relative to the building are being evaluated by the Architect, as
indicated in the responses below. Please see the attached full -size Rezoning Development
Plan, the 11x17 Rezoning Development Plan, and the Turn Lane Warrant Analyses for specific
information relative to the responses below.
planning
o Submit facade drawing for side of building facing Cove Road and rear of the building.
The Architect is in the process of providing the requested building elevations. It
should be noted that at this point In the design process, the elevations Mat are
requested will essentially be mirror Images of the front and side elevation that
were already provided.
o Break up the fagades of the building into smaller modules. We are reviewing options
for addressing the requested revision.
o 25% ground Floor facade transparency for facade facing Cove Road and Routt Road.
Although this is not a requirement of Me Ordinance for an INPUD development,
notes will be added to the building elevations to confirm that the building plans
will strive to meet the City's request
o Adjust civic yard space to be located in front of the building. Even though this is not a
formal "civic space" as defined by the Ordinance, we have enlarged the patio
space and shifted it more centrally around the front building entrance.
o Move the parking lot to behind the line of the principal building. I suspect Mat this
comment was made relative to the Ordinance requirement that states that parking
in the "IN" district shall not be located between the street right of way and the
principal building, and on comer lots this requirement shall apply only to one
frontage. Since we have no parking between the building and the right of way on
4203 MELROSE AVENUE, NW, P.O. BOX 6260, ROANOKE, VA 24017 -0260 (540) 3663400 FAX (540) 3668702
either frontage, the comment really does not apply. However, we have shifted the
parking lot back to where time nearest point of parking now matches the nearest
point of building.
Add large deciduous trees between parking lot and Routt Road at 30' o.c. As you
clarified via a subsequent e-mail, the required spacing for large deciduous trees
between the parking lot and the street right of way is actually 3W minimum and 40'
maximum. We have added the necessary trees and shmbs in the area between the
parking lot and the right of way of Routt Road.
Add a direct pedestrian access from sidewalk on Routt Road to the from entry of the
building. Even though we already showed an ADA pedestrian route from Routt
Road to the patio area, we've added a direct connection from the Routt Road
sidewalk to the front of the building, since we believe this may benefit the church
from the standpoint of on- street parking. Although we have not performed formal
grading analyses for this site, we believe that the direct route will NOT be ADA
accessible due to installation of steps to account for grade change.
Add note: Buffering and screening will be per the zoning ordinance in effect at the time
the comprehensive development plan is submitted. The requested note has been
added to the plan.
Street Deakin Team
The proposed plan needs to be revised to conform to the City of Roanoke Street Design
Guidelines. The streelsrapes along Cove and Routt Roads must be in consistent with
the design principles set forth in the Suburban Neighborhood Character District section of the
Street Design Guidelines. The ideal typical section for this part of Cove Road based on a 50 foot
right -of -way width is LCSB(2b) on page 47 if no turn lane is required or CSB(2d) on page 49 if a
turn lane is required. The planting strip should be 7' wide with large trees planted in the planting
strip. Bicycle accommodation should be provided. For consistency with the Street Design
Guidelines, the applicant should dedicate a strip of land adjacent to the existing street right-of-
way to the City. The final plans should be reviewed by the Street Design Team before final
plans are approved. As indicated In the 'Transportation Engineer' responses below, the
turn-lane warrants that we've prepared based on available &aM data indicate that
neither a left turn nor a right -turn lane or taper is required for this project As such, we
have modified the amount of right -of -way dedication and the width of the planter /utility,
strip to 7' as requested. Other than these changes, we believe the plan was in
conformance with the referenced LCSB(2b). We have not revised the street bee locations
to the planter/utlllly strip, as there are currently a large number of overhead utilities
directly over this 7' wide strip, and we do not believe It would be beneficial to the City or
AEP to place trees In this location. However, in the event that AEP relocates the
overhead ubiibes prior to preparation of the formal Comprehensive Development Plans,
we will certainty work with the City to place the trees where they will provide the
maximum benefit for &a community, or X the City determines that the plantinglutillty
strip is indeed where they want time treea, we will relocate them accordingly.
Transportation Enolneer
o A warrant analysis for turning lanes on Cove Rd is required. I have attached a six -page
document titled 'Tom Lane Warrant Analyses" for the referenced property. This
document was prepared based on data provided by the commenting
Transportation Engineer, and indicates that the proposed site does not warrant
addtional turn lane construction.
Additional Information: The following comments are provided for your information only.
• Assistant City Attorney: No legal comments
• Assistant City Manager. No comment to date
• Building Commissioner: No issues or concerns
• City Clerk: No comment to date
• City Engineer. No comment to date
• City Manager: No comment to date
• City Planning Commission: No comment to date
• Codes Compliance Coordinator: No comment to date
• Development Review Coordinator: No Comments.
• Director of Public Works: No comment to date
• Economic Development: I'd much rather the 7 acres remain a taxable revenue stream to
the City than to change use for a non - taxable entity. Comment Noted.
• Environmental Management: No comment to date
• Fire Marshall & Assistant Fire Marshall: The fire marshals office would have no problem
in the rezoning of this lot. I do want to make sure that we would not be signing off on
anything other than that, as fire hydrants, fire department connections it required, fire
lanes or any other component involving the comprehensive plan is not affected at this
stage. Obviously additional information regarding the protection will be provided
upon completion of the Comprehensive Development Plans for construction of
the facility.
• Neighborhood Organization: No comment to date
• Neighborhood Coordinator: No comment to date
• Parks & Recreation/ Parks & Greenway Planner: No comment to date
• Planners: No comment to date
• Planning Administrator: No comment to date
• Planning Building & Development Director: No comment to date
• Western Virginia Water Authority: No comment to date
• Zoning Administrator. No comment to date
We are hoping that we have made this resubmital in a timely enough manner to allow Staff to
perform a second review and re -issue their comments prior to the Planning Commission
workshop. Please call me if you have any questions or require additional information.
sincerely,
Caldwell Wh/ Hel Ass yTela ���'
Corbin L. White, P.E.
CC.' Pastor Antonio Jones — KHCI
Bill Hume, AIA — Interactive Design Group
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ENGINEEFL9 /SURVEYORS /PLANNERS
CONTENTS
P.O. BOX 8400
ROANO %E. VlR01NW 2001'! -0280
(090) 380 -3900
FAX: [R901300 -tiv02
TURN LANE WARRANT ANAL YSES
FOR
PROPOSED REZONING OF PROPERTY LOCATED AT THE
EASTERN CORNER OF THE INTERSECTION OF ROUTT
ROAD, N. W. AND COVE ROAD, N. W.
FOR
KINGDOM HARVEST CHURCH INTERNATIONAL
Situate 2031 Routt Rd., NW
City of Roanoke, Virginia
Tax Parcel 6440101
June 28, 2012
W.O. 12 -0051
DATE: __ CALC.: _. -__ N.B.:
SHEET _ OF_
BASIS FOR TURN LANE WARRANT ANALYSES
It has been determined by the City of Roanoke Traffic Department that as a part
of the proposed rezoning at 2031 Routt Road, NW, warrant analyses must be
investigated to determine if right -tum and / or left turn lanes must be constructed
concurrently with the proposed Kingdom Harvest Church.
Through coordination with the Traffic Department, the engineer has been
provided with a physical traffic count from January 10, 2002 that has been
authorized to be used as a basis. In order to account for increases over the ten -
year period from 2002 to present, the engineer has worked with the Roanoke
Regional Partnership to obtain Census data for the overall population growth for
the ten -year period 2000 to 2010. Although there is a two-year shift in the
Census data and the actual time frame under consideration, we believe that for
the purposes at hand, the growth rate for 2000 -2010 will be sufficiently accurate.
Census data indicates that Roanoke City grew from a population of 94,911 in
2000 to a population of 97,032 in 2010, or a 2.2% increase. As such, we propose
that the traffic increase in the area for the period 2002 -2012 is directly
proportional, and we may extrapolate is 2002 traffic counts by multiplying the
2002 data by a factor of 1.022.
Following is a traffic count (Exhibit A) that shows the 2002 total daily traffic flow
at the intersection and 2012 data extrapolated from the 2002 data. Also attached
is a traffic count (Exhibit B) that shows the 2002 peak hour traffic counts, which
also have been brought forward to 2012.
LEFT TURN LANE WARRANT
In accordance with Appendix G of the VDOT Road Design Manual, Peak Hour
Data must be utilized when using left -turn warrant nomographs.
From Exhibit B: Peak hour WBL Cove Road = 353 (advancing volume)
Peak hour EBL Cove Road = 301 (opposing volume)
Left turn from WBL Cove Road = 4, which is less than 5 %, use 5% Nomograph
As shown on attached "Exhibit C ", figure 3-4 from the referenced Design Manual,
no left turn lane is required.
RIGHT TURN LANE WARRANT
From Exhibit B: Peak hour WBL Cove Road = 353
Peak hour right turn from WBL Cove Road = 28
As shown on attached "Exhibit D ", figure 3 -23 from the referenced Design
Manual, no right turn lane or taper is warranted.
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as 2 0 NO TURN LANES
OR TAPERS REQUIRED
200 sou 353 aw ow
PHV APPROACH TOTAL. VEHICLES PER HOUR
G-62
4ppropriate Radius required at all Intersections and Entrances (Commercial or Private),
LEGEND
PHV - Peak Hour Volume (also Design Hourly Volume equivalent)
Adiustment for Right Turns
For posted speeds at or under 45 mph, PHV right turns > 40, and
PHV total < 300.
Adjusted right turns = PHV Right Turns - 20
If PHV is not known use formula: PHV = ADT x K x D
K = the percent of AADT occurring in the peak hour
D = the percent of traffic in the peak direction of flow
Note: An average of 11 % for K x D will suffice
FIGURE 3 -23 GUIDELINES FOR RIGHT TURN TREATMENT (2 -LANE HIGHWAY)
ADJOINING PROPERTY OWNERS
APPLICANT: V. C. Roanoke, LLC
LOCATION: 2031 Routt Road, N.W., Tax No 6440101
REQUEST, Rezoning from RM -2 to INPUD
Tax No.
Owner and Mailing Address
6401205
KING KANSAS BLAIR
2062 ROUTT RD NW
ROANOKE VA 24017
6401206
WILLIAMS DOLLIE W
2054 ROUTT RD NW
ROANOKE VA 24017
6401207
CHARLES C CUFF
CUFF SAUNDRA L
2046 ROUTT RD NW
ROANOKE VA 24017
6401126
HANKINS WILLIAM M JR & NITA F
2036 ROUTT RD NW
ROANOKE VA 24017
6401125
RAFAN LLC
PO BOX 6284
ROANOKE VA 24017
6401124
M & W PROPERTIES INC
1348 LAKEWOOD DR SW
ROANOKE VA 24015
6401123
CARDONA SAMUEL A &CYNTHIA
AGUADO WILVER & CARMEN
3703 COVE RD NW
ROANOKE VA 24017
6400912
GRAHAM ROBERT L & PATRICIA E
3710 COVE RD NW
ROANOKE VA 24017
6440303
BARLOW CLINTON D
3646 COVE RD NW
ROANOKE VA 24017
6440302
TRUSTEES NORTHWEST ROANOKE CONGREGATION OF
JEHOVAH WITNESS
3144 WENTWORTH AVE NE
ROANOKE VA 24012
6440102
MILES CHARLES M & COLLEEN M
3623 COVE RD NW
ROANOKE VA 24017
6440103
JAMES MULINDA
PO BOX 1288
SALEM VA 24153
6440116
% F & W MANAGEMENT
FERNCLIFF APARTMENTS
PO BOX 20809
ROANOKE VA 24018
6460102
CITY OF ROANOKE
3649 FERNCLIFF RD NW
ROANOKE VA 24017
6472302
CITY OF ROANOKE VIRGINIA
NO ADDRESS
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CALDWELL WHITE ASSOCIATES
PO BOX 6260
4203 MELROSE AVE NW
ROANOKE VA 24017
REFERENCE: 80165932
13073174 NPH -Routt Road Rezon
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times -World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
Published in said newspapers on the following
dates:
City /Ccun -y of Roanoke, Oimmonwea'. -hi State of
Virginia:. Sworn and subscribed nc -tore me thi,
4%lday of August 2012. Witness my hand and
official seal.
r
Notary Public
PUBLISHED ON: 08/03 06/10
- PCO f• ➢K -
NOTICE OF PUBLIC
NEARING
130731]6)
TOTAL COST: 471.76
FILED ON: 08/13/12
______________________
Authorized
Signature: /',�,/ ,l Billing Services Representative
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2012, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following:
Request by Pastor Antonio Jones on behalf of Kingdom Harvest Church, to rezone
property located at 2031 Routt Rd, NW, bearing Official Tax No. 6440101, from
Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit
Development District. The land use categories permitted in the INPUD District include
residential, accommodations and group living, commercial, assembly and entertainment,
public, institutional and community facilities, transportation, utility, agricultural, and
accessory, with a maximum density of one dwelling unit per 1,800 square feet oflot area.
The comprehensive plan designates the property for multifamily residential use. The
proposed use of the property is a place of worship.
Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter. If you
are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's
Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above.
GIVEN under my hand this 31Stday of July '2012.
Stephanie M. Moon, MMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 3, and Friday, August 10, 2012.
Send affidavit to
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853 -2541
Send Bill to
Corbin White, Agent
Caldwell-White & Associates
P.O. Box 6260
Roanoke, Virginia 24017
(540) 366 -3400
cwaroanokeC aol.com
AFFIDAVIT
APPLICANT: V. C. Roanoke, LLC
LOCATION: 2031 Routt Road, N.W., Tax No. 6440101
REQUEST: Rezoning from RM -2 to INPUD
COMMONWEALTH OF VIRGINIA )
) TO -WIT:
CITY OF ROANOKE )
The affiant, Rebecca Cockram, first being duly sworn, states that she is
Secretary to the Roanoke City Planning Commission, and as such is competent
to make this affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as
amended, on behalf of the Planning Commission of the City of Roanoke, she has
sent by first -class mail on the 29th day of June 2012, notices of a public hearing
to be held on the 19th day of July, 2012, on the request captioned above to the
owner or agent of the parcels as set out below:
Tax No. Owner and Mailing Address
6401205 KING KANSAS BLAIR
2062 ROUTT RD NW
ROANOKE VA 24017
6401206 WILLIAMS DOLLIE W
2054 ROUTT RD NW
ROANOKE VA 24017
6401207 CHARLES C CUFF
CUFF SAUNDRA L
2046 ROUTT RD NW
ROANOKE VA 24017
6401126 HANKINS WILLIAM M JR & NITA F
2036 ROUTT RD NW
ROANOKE VA 24017
6401125 RAFAN LLC
6440116 F & W MANAGEMENT
FERNCLIFF APARTMENTS
PO BOX 20809
ROANOKE VA 24018
6460102 CITY OF ROANOKE
3649 FERNCLIFF RD NW
ROANOKE VA 24017
6472302 CITY OF ROANOKE VIRGINIA
NO ADDRESS
PO BOX 6284
ROANOKE VA 24017
6401124
M & W PROPERTIES INC
1348 LAKEWOOD DR SW
ROANOKE VA 24015
6401123
CARDONA SAMUEL A & CYNTHIA
AGUADO WILVER & CARMEN
3703 COVE RD NW
ROANOKE VA 24017
6400912
GRAHAM ROBERT L & PATRICIA E
3710 COVE RD NW
ROANOKE VA 24017
6440303
BARLOW CLINTON D
3646 COVE RD NW
ROANOKE VA 24017
6440302
TRUSTEES NORTHWEST ROANOKE CONGREGATION OF
JEHOVAH WITNESS
3144 WENTWORTH AVE NE
ROANOKE VA 24012
6440102
MILES CHARLES M & COLLEEN M
3623 COVE RD NW
ROANOKE VA 24017
6440103
JAMES MULINDA
PO BOX 1288
SALEM VA 24153
6440116 F & W MANAGEMENT
FERNCLIFF APARTMENTS
PO BOX 20809
ROANOKE VA 24018
6460102 CITY OF ROANOKE
3649 FERNCLIFF RD NW
ROANOKE VA 24017
6472302 CITY OF ROANOKE VIRGINIA
NO ADDRESS
Other notices sent to
Valerie Garner, Chair
Countryside Neighborhood Alliance
2265 Mattaponi Drive
Roanoke, VA 24017
Millie Steele
2235 Countryside Road
Roanoke, VA 24017
Felicia Journiette
4410 Cove Road NW
Roanoke, VA 24017
C� C'k'qCU'
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia is 29th day of June, 2012.
Notary Public
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #28207 Q
My Commission Expires 0
d
CITY OF ROANOKE
a} a
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
r
Roanoke, Virginia 24011 -1536
Telephone: (540)853-2541
Eax: (540)853 -1145
E -mail: clerk@ronnokevn.,.e
STEPHANIE M. MOON, MMC
JONATHAN E. CE
City Clerk
Deputy City Clerk
August 3, 2012 CECELIA T. wens
Assistant Deputy City Clerk
Mr. Corbin White, Agent
Caldwell -White & Associates
P.O. Box 6260
Roanoke, Virginia 24017
Dear Mr. White:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday,
August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on the request of Kingdom Harvest Church to rezone property located at 2031 Routt Road,
N. W., from Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit
Development District.
For your information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540- 853 -2431.
It will be necessary for you, or your representative, to be present at the August 20th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Stephanie M. Moon, MIMIC
City Clerk
SMM:ctw
Enclosure
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday,
August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on the request of Kingdom Harvest Church to rezone property located at 2031 Routt Road,
N. W., from Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit
Development District.
This letter is provided for your information as an interested property owner and /or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and Development at 540 - 853 -1730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540 - 853 -2541.
Sincerely,
ft 1 f T1 '. \!Y�
e S.Jtephanie M. Moon, MMG�--'
City Clerk
SMM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Suite 456
r
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
To.: (540)853 -1145
E -mail clerk@roanokeva.8ov
JONATHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
August 3, 2012
CECEEU T. wens
Assistant Deputy City Clerk
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday,
August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on the request of Kingdom Harvest Church to rezone property located at 2031 Routt Road,
N. W., from Residential Mixed Density District, RM -2, to INPUD, Institutional Planned Unit
Development District.
This letter is provided for your information as an interested property owner and /or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and Development at 540 - 853 -1730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540 - 853 -2541.
Sincerely,
ft 1 f T1 '. \!Y�
e S.Jtephanie M. Moon, MMG�--'
City Clerk
SMM:ctw
STEPHANIE M. MOON, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Pea: (540)853 -1145
Emaih cleil d�oanakeva.gov
August 21, 2012
Christopher Morrill, City Manager
Roanoke, Virginia
Dear Mr. Morrill:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEDD
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39483 - 082012 rezoning property located at 1684
Courtland Road, N. E., from Downtown District, (D), with conditions, to Light Industrial
District, (1 -1), as set forth in the Amended Application No. 1 dated June 1, 2012.
Ordinance No. 36213- 012103, adopted on January 21, 2003, is hereby repealed.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon, MMC 1�•
City Clerk
Enclosure
PC: Farrell Properties Limited Company, PO Box 12608, Roanoke, Virginia 24027
Katherine Real Baker, Trustee, Dana Lee Baker Esworthy, Trustee, 832
Pendleton Drive, Salem, Virginia 24153
Blue Eagle CM, LLC, 1502 Williamson Road, Roanoke, Virginia 24012
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Susan Lower, Director, Real Estate Valuation
Rebecca Cockram, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39483 - 082012.
AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property; and dispensing with the second reading of
this ordinance by title.
WHEREAS, the City of Roanoke, Virginia, has filed an application to the Council
of the City of Roanoke to repeal Ordinance No. 36213 - 012103, adopted on January 21,
2003, to the extent that it placed certain conditions on Official Tax No. 3070322, located at
1684 Courtland Road, ME ., and to have the property rezoned from Downtown District
(D), with conditions, to Light Industrial District (I -1), for uses permitted in Light Industrial,
I -1 District, as set forth in the Zoning Amendment Application No. 1 dated June 1, 2012;
WHEREAS, the City Planning Commission, which 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 August 20, 2012, 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
amendment; and
0 -1684 Comland Rd -r¢we and repeal I ffued condition doc
WHEREAS, City 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 these reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect that property bearing Official Tax No. 3070322, located at 1684
Courtland Road, N.E., be, and is hereby rezoned from Downtown District (D), with
conditions, to Light Industrial District (1 -1), as set forth in the Zoning Amendment
Application No. 1 dated June 1, 2012.
2. Ordinance No. 36213 - 012103, adopted on January 21, 2003, rezoning
Official Tax No. 3070322, located at 1684 Courtland Road, N.E., is hereby REPEALED,
and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect such action.
3. Pursuant to the provisions of §l2 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
dn,ry.b,
�� City Clerk.
0-1684 Courtland Rd -r¢one and repeal proffered condiooadoc
2
A CITY COUNCIL AGENDA REPORT
r
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: City of Roanoke to rezone the property and repeal conditions
proffered as part of a previous rezoning at 1684 Courtland Rd.,
NE, bearing Tax No.3070322. The application is to rezone the
properties from Downtown District (D), with conditions, to
Light Industrial District (1 -1). The conditions proposed for
repeal limit the use to a coliseum, stadium, exhibit hall or
similar facility with specific parking space, traffic circulation,
landscaping, and irrigation requirements. The use classes
permitted in the 1 -1 District include commercial; industrial;
warehousing and distribution; assembly and entertainment;
public, institutional and community facilities; transportation;
utility; agricultural; and accessory, with a maximum floor area
ratio of 2.0. The comprehensive plan designates the property
for large scale commercial use. The proposed use of the
property is government offices or other government facilities,
not otherwise listed.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Thursday, July 19, 2012. By
a vote of 7 -0, the Commission recommended approval of the rezoning request,
finding the application to rezone the subject property to be consistent with the
Zoning Ordinance, Vision 2001 -2020, and the Williamson Road Area Plan.
Application Information
Request:
Rezoning
Owner:
City of Roanoke
Applicant:
Christopher Morrill, City Manager
Authorized Agent:
Jason Thomas, Civil Engineer
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
1684 Courtland Road, N.E.
Official Tax Nos.:
3070322
Site Area:
6.43 acres
Existing Zoning:
_
D, Downtown District with conditions limiting
the use to stadium /amphitheater
Proposed Zoning:
1 -1, Light Industrial District
ting Land Use: Government offices or other government
facilities, not otherwise listed
posed Land Use:
[Specified
Government offices or other government
facilities, not otherwise listed
ghborhood Plan:
Williamson Road Area Plan
Future Land Use:
Large scale commercial use
g Date:
Original Application: June 1, 2012
Background
In 2003, a portion of the City of Roanoke Public Works facility was rezoned
from LM, Light Manufacturing, to D, Downtown, in anticipation of a portion of
the new amphitheater /stadium being built on the site. A portion of the Public
Works facility— containing fueling stations, underground storage tanks, wash
house, and vehicle storage areas —was to be relocated for the project to
proceed.
Plans to build the amphitheater /stadium were not pursued and the current use
does not reflect the purpose or character of the zoning district. Rezoning will
bring this portion of the City Public Works facility back into conformance with
current zoning regulations.
In May of 2012, staff from the City of Roanoke met to discuss the proposed
rezoning for a portion of the property on which the City of Roanoke Public
Works facility is located.
In June of 2012, Chris Morrill, City Manager, filed an application to rezone tax
map number 3070322. The rezoning to 1 -1 would allow the existing use,
government offices or other government facilities, not otherwise listed, of the
property to meet the purpose and character of the zoning district.
In July of 2012, the City Manager filed an amended application addressing staff
comments.
Conditions Proffered by the Applicant
None.
Considerations
Surrounding Zoning and Land Use:
Zonin District Land Use
North I -1 -Light Industrial District Government offices or
other overnment facilities,
Compliance with the Zoning Ordinance:
A landscape buffer would be required at the time when development does
occur.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the need
for redevelopment to accommodate strategic city initiatives. When the plans to
build the amphitheater did not transpire, there was not longer a need to move a
large portion of the public works to accommodate the amphitheater and
associated parking. It is for the greater public good to leave the existing
facilities where they are currently located adjacent to the existing centrally
located public works facility in order to provide effective and efficient service to
citizens.
Relevant Vision 2001 -2020 policies:
PS AS. Study and promote regional approaches to providing public safety
services that ensure their location and operation provide the most
equitable, effective, and efficient service to citizens.
• PSA75. Ensure that all schools and City -owned facilities are located,
designed, and maintained to complement neighboring land uses.
Relevant Williamson Road Area Plan policies:
Community Design Policies
Commercial zoning: General commercial and light industrial zoning will
be limited within the area to locations where existing land uses and
scale of development reflect the purpose of those zoning districts. In
areas between identified nodes /clusters, zoning should be changed to
less intense uses such as light commercial or residential. Future
expansions of general commercial zoning will be discouraged except
where they reinforce identified nodes or strategic initiatives.
Outside Agency Comments
Not applicable.
_
not otherwise listed
South_
D Downtown District
_
Vacant
East
CLS - Commercial -Large Site District
Vacant, and Vacant
Commercial
West
RM -1 - Residential Mixed Density
District _
Dwelling, Single- Family
Detached _
Compliance with the Zoning Ordinance:
A landscape buffer would be required at the time when development does
occur.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the need
for redevelopment to accommodate strategic city initiatives. When the plans to
build the amphitheater did not transpire, there was not longer a need to move a
large portion of the public works to accommodate the amphitheater and
associated parking. It is for the greater public good to leave the existing
facilities where they are currently located adjacent to the existing centrally
located public works facility in order to provide effective and efficient service to
citizens.
Relevant Vision 2001 -2020 policies:
PS AS. Study and promote regional approaches to providing public safety
services that ensure their location and operation provide the most
equitable, effective, and efficient service to citizens.
• PSA75. Ensure that all schools and City -owned facilities are located,
designed, and maintained to complement neighboring land uses.
Relevant Williamson Road Area Plan policies:
Community Design Policies
Commercial zoning: General commercial and light industrial zoning will
be limited within the area to locations where existing land uses and
scale of development reflect the purpose of those zoning districts. In
areas between identified nodes /clusters, zoning should be changed to
less intense uses such as light commercial or residential. Future
expansions of general commercial zoning will be discouraged except
where they reinforce identified nodes or strategic initiatives.
Outside Agency Comments
Not applicable.
City Department Comments
No comments.
Public Comments:
No comments.
Planning Commission Work Session
No comments.
Planning Commission Public Hearing Discussion
Susan Hall, 2237 Ranch Road, suggested that the remaining vacant land from
the old stadium site be used for a soccer complex.
�ji.
Lora Katz, air
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Timothy Spencer, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Jason Thomas, Civil Engineer
Zoning Amendment
ApInatCEI ED
Department of Planning, Building and Development
Room 166, Noel C, Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone'. (540) 853 -1730 Fax: (540) 853 -1230
Date: run t, 2012
JUL - 9 2012
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Submittal Number: Amended Application No. 1
❑x Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
gwinkmmom
ROANOKE
x❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address. 1684 Courtland Rd NE
Official Tax Neils).: 3070322
Existing Base Zoning: x❑ With Conditions
(If multiple zones, please manually enter all districts) Downtown
❑ Without Conditions
Ordinance Ni for Existing Conditions (If applicable): 36213 - 012103
Requested Zoning: Industrial Proposed Land Use: Government Facility
Name. City of Roanoke Phone Number
Address: 215 Church Ave, SW Roanoke, VA 24011 E- Mail',
Property Owner's Signature'.
so
Aeoll�mt IMonnatlen tit w.6a� m
Name: Christopher Morrill, City Manager
Phone Number +7 (5401853 -2333
Address„
2 Church ve, S Room 364 Roanoke, VA 24011
E -Mail: chrls.morrill @roanokeva.gov
Applicant's Signature: '
Phone Number: �t154o)853 -2035
Name:
Jason Thomas
Address: 215 Church Ave, SW Room 350, Roanoke, VA 24011
E-Mail'. jamn.thomas @manokeva.gov
4_
Aulin ed Age2t%Krr%oW
Zoning Amendment
Application Checolo st r
The Milaft mustbeMiesfor anapplies ROANOKE
R Completed application form and checklist.
fx Written narrative explaining the reason for the request.
F- Metes and bounds description, if applicable.
r Filing fee.
For a reaonbrg fret olhawlN Noted; the fdpDiNn41mnt also be submitted:
fiZ Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
For a corrdidonel MWITIll the flowing mW8100be submitted:
f Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
(- 'development plan' if proffered.
For a purred unff development, Ne folleil *nWelso be submitted:
F- plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
For a comipsMarWirat sil overlay dYllfel prti IWavAng must be submitted:
F- Comprehensive signage plan meeting the requirements of Section 36.2 - 336(4)(2) of the City's Zoning Ordinance.
For an arrokbrent of praRaed coadlNomi ft food g most also be submitted
r Amended development or concept plan meeting the Application Requirements of fem'2(cf in Zoning Amendment Procedures,
it applicable.
FR Written proffers to be amended, Seethe City's Guide to Proffered Conditions.
r Copy of previously adopted Ordinance.
For a planned urdt development emendmKibefelbwdng moat also be submitted:
F- development plan meeting the requirements of Section 36,2 -326 of the Citys Zoning Ordinance.
f- Copy Of previously adopted Ordinance.
For a comprehensive sign overlay anemrteli the following must also be submitted:
F- comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
f- COPY of previously adopted Ordinance.
For a proposal that requires a traffic impact daft be submitted to the City, the falbwNg must also be submitted:
F- Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance.
For a proposal that requires a traffic Impact - Ohblysis be submrbd to.Vl the flowing must also be submitted:
(Cover sheet,
F- Traffic impact analysis.
r- plan.
F- Proffered conditions, if applicable.
f- Required fee.
'An electronic copy of this application and checklist can be found at www. roan ckeva,govlpbd by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff
Application for Rezoning Amendment for
TM# 3070322
NARRATIVE
Prior to 2002, the Public Works Service Center (1802 Courtland Road, NE)
site extended from Noble Avenue to the north to Carver Avenue to the
south. The site was zoned LM, Light Manufacturing. Plans were made to
build a Stadium /Amphitheater on the south end of this parcel. Therefore,
a parcel was subdivided off and zoned Downtown Conditional. The new
parcel contained an active part of the Public Works site that included the
fueling stations, underground storage tanks, wash house, and
vehicle /equipment storage areas which would have been relocated if the
project had proceeded. Plans to build the Stadium /Amphitheater on this
site were not pursued. Therefore, there is a need to make the entire
Public Works site a conforming use under the current Zoning Ordinance.
On March 4, 2011, the former Stadium /Amphitheater site was re- platted
to clean up internal lot lines and create two new parcels, A and B. Parcel
A contains the fueling stations, underground storage tanks, wash house,
and vehicle /equipment storage areas, plus a small amount of space for
the future expansion of these features, if needed. Parcel B contains the
remainder of the site which is available for economic development
purposes.
End of Narrative
w Office of the City Engineer
Memorandum
ROANOKE
DATE: June 28, 2012
TO: Katharine Gray, City Planner II
FROM: Jason Thomas, Civil Engineer II
SUBJECT: Proffered Conditions to be Repealed:
Amendment of Zoning for Official Tax No. 3070322
The applicant hereby requests that the following proffered conditions enacted
by Ordinance No. 36213 - 012103 be repealed as they pertain to Official Tax
Map Number 3070322:
1. The property shall be used only for a coliseum, stadium, exhibit hall or
similar facility or facilities;
2. Provision of on -site parking shall include no less than 750 parking
spaces and shall not exceed a maximum of 900 parking spaces;
3. There shall be no more than two points of vehicular ingress to or egress
from, the property with those two points of access limited to one point
on Courtland Road, NE, and one point on Carver Avenue NE;
4. Landscaping consisting of deciduous and evergreen trees, shrubs,
perennials, grasses, ground covers, and vines, shall be planted and
maintained on at least 15 per cent of the total site area; and
5. Stadium field irrigation shall be supplemented by rain water harvesting
system which should reduce the dependence of the facility on the public
water supply and reduce storm water run off.
End of Document
Building community and serving our customers with o commitment to our values
Honesty v Respect v Responsibility v Teamwork
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36213 - 012103.
AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as
amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicants, and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke and Calvin W. and Mary C. Powers and Theodore J.
and Judy P. Sutton have made application to the Council of the City of Roanoke to have the
hereinafter described property rezoned from LM, Light Manufacturing District, and C -2,
General Commercial District, to C -3, Central Business District, subject to certain conditions
proffered by the applicants; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on January 21, 2003, after due and timely notice thereof as required by §36.1 -693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section
36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307 of the
Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no
other:
Those certain tracts of land lying generally west of Courtland Avenue, north of
Orange Avenue and south of Sycamore Avenue, designated more specifically as Official Tax
Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,
3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817 and Official
Tax Numbers 3070501, 3070318 and 3070321, be, and are hereby rezoned from LM, Light
Manufacturing District, and C -2, General Commercial District, to C -3, Central Business
District, subject to the proffered conditions stated in the Petition to Rezone filed in the Office
of the City Clerk on December 6, 2002, and that Sheet Nos. 204 and 307 of the Zone Map be
changed in this respect.
BE IT FURTHER ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of tracts of land designated as Official Tax Numbers 3070301, 3070302,
3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 3070310,
3070313, 3070314, 3070315, 3070316, 2041816, 2041817, from LM, Light
Manufacturing District, and Official Tax Numbers 3070501, 3070318 and 3070321,
from C -2, General Commercial District, to C -3, Central Business District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, City of Roanoke, Virginia, owns parcels of land in the City of Roanoke
designated as Official Tax Nos. 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309, 3070310 ,3070313,3070314,3070315, 3070316,2041816,2041817,3070501 and
3070318, and the Petitioners, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Suttonown a
parcel of land in the City of Roanoke designated as Official Tax No. 3070321, in the same general
location. Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309,3070310, 3070313, 3070314, 3070315, 3070316,2041816 and 2041817 are zoned
LM, Light Manufacturing District. Official Tax Nos. 3070501, 3070318 and 3070321 are zoned C -2,
General Commercial District. A map of the property to be rezoned is attached as Exhibit A. A concept
plan for proposed development of the properties is attached as Exhibit B. Such properties are
considered zoned LM, Light Manufacturing District, and C -2, General Commercial District, as a result
of a Court's ruling dated December 2, 2002, and Order to be entered pursuant to that ruling.
Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioners
request that the said properties be rezoned from LM, Light Manufacturing District, and C -2, General
Commercial District, to C -3, Central Business District, for the purpose of constructing a municipal
stadium and amphitheater facility to be used in conjunction with the existing Roanoke Civic Center,
subject to proffered conditions.
The Petitioners agree that if the property is rezoned, the property will be subject to the following
proffered conditions:
(1) The property shall be used only for a coliseum, stadium, exhibit hall or a similar facility
or facilities;
N \UWINwNCEt \pETIT1UN STAp1U1M.AMPMRHEATRE, W C
(2) The provision of on -site parking shall include no less than750 parking spaces and shall
not exceed a maximum of 900 parking spaces;
(3) There shall be no more than two (2) points of vehicular ingress to, or egress from, the
property with those two (2) points of access limited to one (1) point on Courtland Road,
N.E., and one (1) point on Carver Avenue, N.E.;
(4) Landscaping consisting of deciduous and evergreen trees, shmbs, perennials, grasses,
ground covers, and vines, shall be planted and maintained on at least fifteen percent
(15 01.) of the total site area; and
(5) Stadium field irrigation shall be supplemented by a rain water harvesting system which
shall reduce dependence on the public water supply and reduce storm water runoff.
The Petitioners believe the rezoning of the said tract of landwill further the intent and purposes
of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an undemtilized
industrial area, provide increased recreational and entertainment opportunities for the City and the
region, and provide increased economic development investment in the downtown area.
Attached as Exhibit C are the names, address and tax numbers of the owner or owners of all lots
or property immediately adjacent to and immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioners request that the above - described tracts be rezoned as requested
in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Submitted this 6#%. day of 'becc M 4.r . 2002.
Respectfully,
Darlene L. BurcY , City Manager
City of Roanoke, Virginia
215 Church Avenue, S. W, Room 364
Roanoke, VA 24011
(540) 853 -2333
N bPOMANC ESPETITIOHSTAUIUtMAMPHRHknTPE .00C
Calvin W. Powers
P. 0. Box 12068, Roanoke, VA 24022
Q -
Mary C. Po ers
P. O. Box 12068, Roanoke, VA 24022
c
Theodor- - utton
P. 0. Box 12068, Roanoke, VA 24022
r S yP utton
. O. ox 12068, Roanoke, VA 24022
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City of Roanoke - GIS
Print Report I Poll Detail Report I Close Window
Property Information Card for: FARRELL PROPERTIES LIMITED COMPANY
PO BOX 12688
ROANOKE VA 84027
PARCEL INFORMATION
Tax NUmear 20]oaW
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DISCLAIMER: The information Contained on this page is NOT to be Construed or wed as a 'legal description."
Map information is believed to be accurate but accuracy is not guaranteed Any enors or omissions should Be
repoded to the City of Roanoke Engineering Department. In no even) Will Vie City of Roanoke be liable for any
damage, including lass of data, lost profits, business Interruption, loss of business information or other pecuniary
loss that might atlas from the use of ibis map or Me'mformehon It Contains.
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City of Roanoke - CIS
ROANOKEVA
Print Report I Fall Detail Report I Close Window
Property Information Card for: CITY OF ROANOKE
1802 COURTUND RD NE
ROANOKE VA 24012
PARCEL INFORMATION
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Addnn 1W2 COURTLAND RD THE
ROANOKE VA 20012
DIGDLAIMER: The infomlaliCn Contained on this page is NOT to be eonsbued or dead as a 'legal deawption'
Map infotmalum Is b leaved to ION accurate but addhI is not guaranteed, Any enors Or omissions should be
reported to the City of Roanoke Engineering Departrneal. In no even) will the Gry of Roanoke be liable for any
damages, including lass of data, lost profits, business intelmption, loss of business Information or other pamniary
loss that might arise from the use of This map or the Information it dema ds.
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City of Roanoke - GIS
Print Report I Full Detail Report I Close Window
Property Information Card for: BAKER KATHERINE REAL TRUSTEE ESWORTH
833 PENDLETON OR
SALEM VA 24163
PARCEL INFORMATION
Tax A—IM, 5010520
PropAM1y Aae:
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DISCLAIMER: The Information Contained On this page Is NOT t0 be OonsVOed Or used as a °legal delf,a pt on "
Map Information Is believed to be accurate but accuracy Is not guaranteed. Any errors or omissions should be
reported to the City of Roanoke Engineering Department In no event will the City of Roanoke be liable for any
damages, including loss of data, lost profits, business Interruption, loss of business information or other pecuniary
loss that might arse from the use of this map or the Information it contains.
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Property Information Card for: CITY OF ROANOKE VIRGINIA
NOADDRESS
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PARCEL INFORMATION
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3070316
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P9dree.
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on",
DISCLAIMER: The information Contained On this page Is NOT to Ile oerslNed Or used as a "legal deseflption "
Map Information is belieLmd to be accurate but accuracy is not guaranteed Any errors or omissions should be
reported to the City of Roanoke Engineeling Department In no event Will the City of Roanoke be liable for any
damages, Including loss of data lost profits, business interruption, loss of business information or other pewl
loss Pat might arise from the use of this map or the infonnatlon it Coma ins.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times NOTICE OF PUBLIC
-------------------------------------------------- I ---------
- - -- - -- - -- - - -- ----- ^-- - - - - -- HEARING
CITY OF ROANOKE, PDV
PLANNING, BLDG., DEV
215 CHURCH 166
ROANOKE VA 24011
REFERENCE: 80076514
13073193 NPH- COUrtland Road R
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times -World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City /County of
Roanoke, Commonwealth /State of
Virginia. Sworn and subscribed
before me this
day of
August 2012.
Witness my hand and
official seal.
Notary Public
0 As
tp.
a`sy LA, .r , '.
PUBLISHED ON:
08/03 08/10
-n' '�Nt y�
om �
Q:
P
m
PF O;.p�t x
TOTAL COST:
521.68
FILED ON:
08/01/12
pate
Goples of the application
V to sable for review in
the Office of 0e City Clerk,
Boom 456, Noel C. Taylor
Municipal Building, 215
Cburch Avenue, S.W.,
Roanoke. Virginia.
All partles In Interest and
volume may appear on the
above oft, antl be heard on
the matter. If you are a
person with A ducc cloy be
es accommodaNOns for
In is hearing, please contact
he City Clerk a office, at
653 25a1. before ocan on
the Thursday before me
date of the hearing listed
above,
GIVEN under my hand this
Nasm 20,1
S M
Moon, MMC
City Clerk,
11307319d1
Authorized all (84lLV Wes/'' �B.
Signature:_ / /ML.. riling Services Representative
in
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2012, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following:
Request from City of Roanoke to rezone property and repeal conditions proffered as part
of a previous rezoning located at 1684 Courtland Rd., N.E., bearing Official Tax No.
3070322, from Downtown District (D), with conditions, to Light Industrial District
(1 -1). The conditions proposed for repeal limit the use to a coliseum, stadium, exhibit
hall or similar facility with specific parking space, traffic circulation, landscaping, and
irrigation requirements. The use classes permitted in the Light Industrial, 1 -1 District,
include commercial, industrial, warehousing and distribution, assembly and
entertainment, public, institutional and community facilities, transportation, utility,
agricultural, and accessory uses, with a maximum floor area ratio of 2.0. The
comprehensive plan designates the properties for large scale commercial use. The
proposed uses of the properties are government offices or other government facilities,
not otherwise listed.
Copies ofthe application are available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter. If you
are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's
Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above.
GIVEN under my hand this 31stday of July ,2012.
Stephanie M. Moon, MMC
City Clerk.
Notice to Publishes
Publish in the Roanoke Times on Friday, August 3, and Friday, August 10, 2012.
Send affidavit to Send Bill to
Stephanie M. Moon, MMC, City Clerk Rebecca Cockram
215 Church Avenue, S. W., Room 456 Department of Planning and Building Development
Roanoke, Virginia 24011 215 Church Avenue, S. W., Room 166
(540) 853 -2541 Roanoke, Virginia 24011
(540) 853 -1330
AFFIDAVIT
APPLICANT: Christopher Morrill, City Manager
LOCATION: 1684 Courtland Road, N.E., Tax no. 3070322
REQUEST: Rezoning from D, Downtown, with conditions, to 1 -1, Light
Industrial
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE )
The affiant, Rebecca Cockram, first being duly sworn, states that she is
Secretary to the Roanoke City Planning Commission, and as such is competent
to make this affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as
amended, on behalf of the Planning Commission of the City of Roanoke, she has
sent by first -class mail on the 29th day of June 2012, notices of a public hearing
to be held on the 19th day of July, 2012, on the request captioned above to the
owner or agent of the parcels as set out below:
Tax No. Owner and Mailing Address
3070407 FARRELL PROPERTIES LIMITED COMPANY
PO BOX 12608
ROANOKE VA 24027
3070320 BAKER KATHERINE REAL TRUSTEE
ESWORTHY DANA LEE BAKER TRUSTEE
832 PENDLETON DR
SALEM VA 24153
3070316 CITY OF ROANOKE
3080433
3070317 BLUE EAGLE C M LLC
1502 WILLIAMSON RD.
ROANOKE, VA 24012
Cac-kAcwlt
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia is 29th day of June, 2012,
Notary Public
aCE R. MARTIN
IC
PUBL
GO', it nwaelth of Virginia
Re,! 8282078
cz It"
s
CITY OF ROANOKE
tt °
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 653 -2541
Far: (540) 953 -1145
E -mail: clerk@roanokeva.gov JONATHAN E. CRAPE
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
August 3, 2012 CECELIA T. WEEE
Assistant Deputy City Clerk
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Monday,
August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on the request of the City of Roanoke to rezone property and repeal conditions proffered as
part of a previous rezoning located at 1684 Courtland Rd., N. E., from Downtown District (D),
with conditions, to Light Industrial District (1 -1).
This letter is provided for your information as an interested property owner and /or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and Development at 540- 853 -1730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540 -853 -2541.
Sincerely,
ephanie M. Moon, MMC
City Clerk
SMM:ctw
CECELIA T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Christopher Morrill, City Manager
Roanoke, Virginia
Dear Mr. Morrill:
Your communication recommending amendment of the City Code in order to update
and clarify certain sections of the Zoning Ordinance was before the Council of the City
of Roanoke at its regular meeting held on Monday, August 20, 2012.
On motion, duly seconded and unanimously, the matter was tabled until the
September Council meeting in order to receive a briefing and further review said
amendment.
Sincerely,
Ate- m.
Stephanie M. Moon, MMC
City Clerk
PC: Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Rebecca Cockram, Secretary, City Planning Commission
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
_
Roanoke, Virginia 24011 -1536
Telephone: (540) 89 -2541
Fax: (540) 853 -1145
E -mail: clerkQroanokeva.gov JONATHAN E. CRAFT
STEPHANIEM.MOON,MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 21, 2012
Christopher Morrill, City Manager
Roanoke, Virginia
Dear Mr. Morrill:
Your communication recommending amendment of the City Code in order to update
and clarify certain sections of the Zoning Ordinance was before the Council of the City
of Roanoke at its regular meeting held on Monday, August 20, 2012.
On motion, duly seconded and unanimously, the matter was tabled until the
September Council meeting in order to receive a briefing and further review said
amendment.
Sincerely,
Ate- m.
Stephanie M. Moon, MMC
City Clerk
PC: Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Rebecca Cockram, Secretary, City Planning Commission
l kft
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining various sections and Appendix A,
Definitions, and adding various sections, of Chapter 36.2, Zoning, of the Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying the
City's zoning ordinance, 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. The following sections of Chapter 36.2, Zoning, of the Code of the City
of Roanoke (1979), as amended, are hereby amended and reordained, or added to
Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to read
and provide as follows:
ARTICLE 2. ZONING DISTRICTS.
Sec. 36.2-205. Dimensional regulations.
(e) Yards, generally.
Table 205-1. Permitted Yard Encroachments
EA1 ER1 f 3 44)
Feature Front Side Rear
Bay windows p• re th1n 2 fe into yard Yes No Yes
2 feet 2
feet
Chimneys, projecting-ae-raexe than' f-etinto yard Yes Yes Yes
2 feet 2 2
feet (feet
1
Flagpoles Yes Yes Yes
Handicap ramps '- - . - - - - - •- Yes Yes Yes
associated with a residential use feet feet feet
Heating and cooling units or solar panel_, pr ojed -- more_han feet No Yes Yes
into-yard 2
feet
Overhanging roofs, eaves, gutters, cornices, or awnings, projecting into Yes Yes Yes
• . .. ..- - . ... ... .. _2 —1 —2
respec-t;vely feet foot feet
Protective hoods or overhangs over adoorwayrprejeeting-no4nore4rian4 Yes No Yes
feet-into-yard 2 feet 2
feet
Refuse container installation and enclosure in a public park Yes Yes Yes
Retaining walls Yes Yes Yes
Unenclosed decks, terraces, steps, stoops, or porches of a height not No No Yes
exceeding 4 feet, . "Unenclosed" 2
means that the feature has no walls or other permanent vertical or feet
horizontal enclosures other than a guardrail or balustrade.
Utility cabinet that is cart of a utility distribution or collection system Yes Yes Yes
v distance specified in the "Front", "Side", or
"Rear"columns indicates the maximum distance the feature may encroach into the reauired
yard.
"Yes" means the encroachment is permitted into the specified yard.
"No"means the encroachment is not permitted Into the specified yard.
(f) Front yards.
(3) Maximum front yard requirements shall apply efily-te-new-pr-ineipal
front yard-depth . as specified in Table 205-2 below.
2
Table 205-2. Application of Maximum Front Yard Requirements
Proposed development Application of maximum yard requirement
Addition to an existing principal Not subject to maximum yard requirement.
building or new principal building that
does not widen any street-facing facade
Nev principal building where no other Locate at least 60%of the new building facade
buildings are located on the site between the maximum and minimum yard
lines.
Addition to an existing principal Locate and size any addition so either all the
building that widens any street-fzcinu added street facing facade is between the
facade,where the existing building maximum and minimum yard lines,or at least
conforms to the minimum and 60%of the resulting total of street-facing
maximum yard requirements. facades is between the maximum and minimum
yard line.
Addition to an existing princip Locate and size any addition so
building that widens any street-facing All of the new added street facing facade is
facade,where the existing building does between the maximum and minimum yard lines
not conform to the minimum or
maximum yard requirements. At least 60%of the re ulting total of street-
facing facade is between the maximum yard
line and the lot frontage.
New principal building where one or Locate and size any new building so at least
more principal buildings exist on the 60%of the resulting total of street-facing
site,and the new building increases the facades is between the maximum yard line and I
width of street- facing facades. the lot frontage or. where existing buildings are
located beyond the maximumyard line, locate
100%of the new building between the
maximum and minimum yard line.
(I) Yards - Corner lots and through lots.
(1) Corner lots having two (2) street frontages shall provide yards as
follows:
16) In the MX, CN, CG, D, IN, and OF districts, two maximum yards
shall be established according to Section 36.2-319.
3
{B-IL) In all other districts, one (1) front yard shall be provided with
the minimum and maximum depths of the district. The other
front yard shall be subject only to a minimum required depth of
one-half (1/2) the minimum front yard required by the district.
fG3fD) Any yards remaining after front yards have been provided shall
be considered side yards.
(2) Corner lots having more than two (2) street frontages shall provide a
front yard for each frontage:
LB) In the MX, CN, CO, D, IN, and OF districts, two maximum yards
shall be established according to Section 36.2-319.
(B)(Q In all other districts, two (2) front yards shall be provided with the
minimum and maximum depths of the district. Any other front yards
shall be subject only to a minimum required depth of one-half(%) the
minimum front yard required by the district.
(C3(1)] Any yards remaining after front yards have been provided shall be
considered side yards.
(3) Through lots shall provide a front yard for each frontage:
*
(B) In the MX, CN, CG, D. IN. and OF districts, two maximum yards
shall be established according to Section 36.2-319.
(83(Q) In all other districts, one (1) front yard shall be provided with the
minimum and maximum depths of the district. The other front yard
shall be subject only to the minimum front yard required by the
district.
(C)f D) Any yards remaining after front yards have been provided shall be
considered side yards.
(4) In the case of any corner lot not referenced in subsections (1) - (3) above,
where maximum front yards are established_by this chapter, such
4
maximum front yard requirements shall apply to only one (1) of the front
yards, except where Section 36.2-319 applies.•hat thc�oimum f^ •^ `•^
the uc D:-arich
ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS
DIVISION 1. RESIDENTIAL DISTRICTS
Sec. 36.2-311. Use table for residential districts.
District RA R- R-7 R- R- RM- RM- RMF Supplemental
12 5 3 1 2 Regulation
Section
Residential Uses
Dwelling, single-family attached PP P P
Dwelling, single-family detached P P P P P P P
Dwelling, two-family S P
Dwelling, multifamily P P
Dwelling, townhouse or rowhouse P S P P 36.2-431
•
Dwelling, manufactured home P
Dwelling, mobile home P 36.2-417
Accommodations and Group Living Uses
Bed and Breakfast PS S S S S S 36.2-405
Boarding house 5
Group care facility, congregate home, S P 36.2-412
elderly
Group care facility, congregate home, not S S 36.2-412
otherwise listed
Group care facility, group care home S S 36.2-412
Group care facility, halfway house S 5 36.2-412
Group care facility, nursing home P 36.2-412
Group care facility, transitional living 36.2-412
facility
Group home P P P P P P P
Commercial Uses
Day care home, child P P P P P P P P
5
Fire, police, or emergency services S S S S S S S
Utility Uses and Structures
Utility distribution or collection, basic P P P P P P P P
Utility distribution or collection, S S S S S S S S
transitional
Wireless telecommunications S S S S S S S 5 36.2-432
facility I _
Wireless telecommunications P P P :P P P P P 36.2-432
facility, stealth
Animal and Agricultural Uses
Agricultural operations P S S S S S S S
Animal shelter P
Botanical garden or arboretum P
Community garden P P P P P P P P 36.2-407.1
Composting facility S
Nursery or greenhouse, P
commercial
Pet grooming P
Kennel, no outdoor pens or runs P
Kennel, with outdoor pens or runs
Stable, commercial P 36.2-428
Wildlife rescue shelter or refuge area P
Accessory Uses
Accessory uses, not otherwise listed in P P P P P P P P 36.2-403
this table
Accessory apartment S S S S S S P 36.2-402
Home occupation, excluding P P P P P P P P 36,2-413
personal service
Home occupation, P P P P P P P P 36.2-413
personal service
Outdoor storage P 36.2-423
Stable, private P P 36.2-403
Temporary health care structure P P P P P P P P 36.2-403
Wind turbine, commercial S 36.2-403
Wind turbine, small S S S S S S S S 36.2-403
:"P2"indicates a use permitted as of right.
1"S"°indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
6
�,
DIVISION 2. MULTIPLE PURPOSE DISTRICTS
Sec.36.2-315. Use table for multiple purpose districts.
District M% CN CG CLS D IN ROS OF Supplemental
Regulation
Section
Residential Uses
Dwelling, single-family attached P P
Dwelling, single-family detached P
Dwelling, two-family P
Dwelling, multifamily P P P P
Dwelling, townhouse or rowhouse P P P P 36.2-431
Accommodations and Group Living
Bed and breakfast 5 5 36.2-405
Dormitory P
Group care facility, congregate home, 5 36.2-412
elderly,
Group care facility, nursing home 5 36.2-412
Group home P P P P
Hotel or motel P P P P
Commercial Uses: Office and Related Uses
Blood bank or plasma center P P
Business service establishment, not S P P P P P
otherwise listed
Employment or temporary labor service P
Financial institution P P P P P
Laboratory, dental, medical, or optical P P P P P P
Laboratory, testing and research SP SP SP P
Medical clinic P P P P P P
Office, general or professional P P P P P P
Office, general or professional, large scale P P P P P P
Outpatient mental health and substance 5
abuse clinic
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no P P P P P
outdoor pens or runs
Caterer, commercial PP P P
Community market PP P P P P P
7
•' Community market P P P P P P P
Drive-through facility S P P S 36.2-409
Drive-through kiosk 5 PP S 36.2-409
Flea market, indoor P P P
Flea market, outdoor S S
Funeral home P P P
Kennel, no outdoor pens or runs P P P
Live-work unit P P P P P P 36.2-416
Mixed-use building P P P P P P 36.2-416
Outdoor advertising sign P P 36.2-675
Studio/multimedia production facility P P P P P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food P PP P P
production, Retail
Body piercing establishment P P P P P
Building supplies and materials, retail P P P
Car wash, not abutting a residential district P P 36.2-406
Car wash, abutting a residential district S S 36.2-406
Contractor or tradesman's shop, general or S P P 5 P
special trade
Dry cleaning and laundry pick-up station P P P P P
Dry cleaning plant or commercial laundry P
Gasoline station S P P S 36.2-411
General service establishment, not P PP P P
otherwise listed
Internet Sales Establishment P P P P P
Janitorial services establishment P P
Laundromat P P P P P
Manufactured or mobile home sales P
Motor vehicle rental establishment, PP P P
without inventory on-site
Motor vehicle rental establishment, with P P S
inventory on-site
Motor vehicle repair or service P P S 5 36.2-419
establishment
Motor vehicle sales and service P P 36.2-420
establishment, new !�
Motor vehicle sales and service P P 36.2-421
establishment, used
!Nursery or greenhouse, commercial P P S
8
•
Personal service establishment, not P P P P P P
otherwise listed in this table
Pet grooming PP P P P
Retail sales establishment, not otherwise P P P P P
listed
Storage building sales P
Tattoo parlor P P P p P
Industrial Uses
Bakery, confectionary, or similar food P
'production, wholesale
Commercial printing establishment P p
Electrical component assembly, wholesale P
distribution
Fueling station, commercial or wholesale P P
Manufacturing: Beverage or food P
processing, excluding poultry and animal
slaughtering and dressing
Manufacturing: General, not otherwise
listed in this table
Manufacturing: Steel or metal production, S
fabrication, or processing
Motor vehicle or trailer painting and body S S 36.2-418
repair
____ Workshop r SP P P SP SP 36.2-433
Warehousing and Distribution Uses
Distribution center, not otherwise listed S
Warehouse SF'
Assembly and Entertainment Uses
Adult uses S 36.2-404
Amphitheater P
Amusement, commercial, indoor S PP P P
Amusement, commercial, outdoor P P
Botanical garden or arboretum P P P
Club, lodge, civic, or social organization P P P P P P P
Community center P P P P P P P P
Eating establishment P P P P P
Eating and drinking establishment, not P PP P P
abutting a residential district
Eating and drinking establishment, abutting SS S S S
a residential district
Entertainment establishment, abutting a S S S S S
residential district
9
•
Entertainment establishment, not abutting gP P P P P
a residential district
Exhibition, convention, or conference P P
center
Gaming establishment S S
Golf course P
Health and fitness center P P P P P P
Meeting hall P P P P P P P
Park or playground P P P P P P P P
Place of worship P PP PP
Recreation, indoor P P P P P
Recreation, outdoor P P P P
Sports stadium, arena, or coliseum P
Theater, movie or performing arts P P P P P
Zoo P
Public, Institutional, and Community Facilities
Aquarium or planetarium P
.' Artist studio P P P P PP P
Cemetery - P
Community food operation P
Community garden P PP P P P P P 36.2-407.1
Day care center, adult P P P P PP P
Day care center, child S P P P PP P 36.2-408
Day care home, child P P P P
T Educational facilities, business school or (SP P P P P P P
, nonindustrial trade school
Educational facilities, college/university P P P P
Educational facilities, P P P PP P
elementary/middle/secondary
Educational facilities, industrial trade P P P
school
7 Educational facilities, school for the arts /&P\ P P P P P P
Fire, police, or emergency services P P I P P PP P
Government offices or other government P P P P PP P
facility, not otherwise listed
Hospital
Library P P P P PP P
Museum P P P P PP P
Post office P P P PP P
Supply pantry P - P
ID
•
Training facility for police, fire, or P 5
emergency services
Transportation Uses
Bus passenger terminal or station P 5
Limousine service P P
Parking lot facility S P S
Parking, off-site PS PP S PP P 36.2-652
Parking structure facility P S 36.2-426
Railroad passenger terminal or station P
Utility Uses
Broadcasting studio or station P P P P P P
Broadcasting tower S 5 5 36.2-432
Utility distribution or collection, basic P P P P P P P P
Utility distribution or collection, S 5 S 5 5 S S 5
transitional
Wireless telecommunications facility S S S S S S S S 36.2-432
Wireless telecommunications facility, PP PP P P P P 36.2-432
stealth
Agricultural Uses
Agricultural operations S S S S S S S S
Stable, commercial P 36.2-428
Wildlife rescue shelter or refuge area P
Accessory Uses
Accessory uses, not otherwise listed in this P P P P P P P P 36.2-403
Table
Accessory apartment S 36.2-402
Home occupation, excluding personal P P P P P 36.2-413
service
Home occupation, personal service P P P P P 36.2-413
Outdoor display area PP P P P 36.2-422
Outdoor recreation facility lighting or S 5 S S S S 36.2-403
sports stadium lighting
Outdoor storage S S P 5 36.2-423
Recycling collection point S P P 36.2-403
Resident manager apartment P 36.2-403
Temporary health care structure
Wind turbine, commercial S S 5 5 5 36.2-403
Wind turbine, small S S S S S SS S 36.2-403
HP" indicates a use permitted as of right.
"5" indicates a use permitted only by special exception.
11
A blank cell indicates the use is not permitted.
Sec. 36.2-316. Dimensional regulations for multiple purpose districts.
MX CN CG CLS D IN ROS OF
Minimum lot area per 2,500 1,800 None None None None None None
residential unit (square
feet)
Lot area Minimum 5,000 5,000 10,000 43,560 None None None None
(square Maximum None 87,120 130,68 None None 217, None 87,120
feet) 0 800
Lot Minimum 50 None 100 150 None 100 None None
frontage Maximum None 200 None None None None None 200
(feet)
Front Minimum 10 0 0 0 0 20 10 0
yard Maximum 30 10 30 None 10 40 None 10
(feet)
Section 36.2-313 Front Yes No No No No No No No
yard requirements for •
infill development apply
Section 36.2-317 Civic No Yes No No Yes Yes No Yes
space yard option applies
Side yard (feet) 5 0 0 0 0 0 10 0
Rear yard (feet) 15 0 0 0 0 0 10 0
Accessory structure 0 0 0 0 0 0 0 0
minimum setback from
rear and side lot lines
(feet)
Height et) 43 45 30 60 Wane 40 35 50
Height Property 45 45 45 1 foot 1 foot 40 35 60
maximu abutting a for each for each
m(feet) residential foot of I foot of
district setback setback
from any from any
abut abutting
residenti residenti
allot allot
• Property not 45 45 None None None 40 35 60
abutting a
residential
district
Floor area ratio 1.0 5.0 5.0 5.0 15.0 None None None
maximum
Impervious surface area 70 100 85 80 100 80 15 100
maximum (percentage of
12
•
lot area)
Minimum parking Yes No Yes Yes No Yes No No
requirement applies
Section 36.2-318 No Yes Yes Yes No Yes No Yes
Pedestrian access
requirement applies
Maximum building None 15,000 None None None None None None
footprint (square feet)
Section 36.2 319 25 30 25 0 §0 25 0 25
Minimum-glialia4Noor
faeade-transparency
'de
!area)
Section Ground 15 50' 50 None 50* 15 None 15
36.2-319 floor
Bu
it;
placement
and facade
transparenc
Y
standards(m Upper
inimum floors
transparenc
V.percent
of facade
area)
20 20 None 20 15 None 15
Minimum tree canopy 10 0 10 10 0 10 20 0
(percentage of lot area)
*Except townhouses and multifamily dwellings, minimum facade transparency for these uses is
20 percent.
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No" means the requirement does not apply.
"None' means there is no requirement.
Sec. 36.2-317. Civic space yard option.
In districts where indicated as applicable in Section 36.2-316, a building may
be exempted from the maximum front yard requirement if a civic space accessible to
13
the general public is provided along the entire frontage(s) where the maximum
frontage would otherwise be applicable. Such civic space shall meet these
requirements:
(a) The civic space shall be the entire area between the building line and
the adjacent public right-of-way.i
(b)— •
er-eleeks and Eighty-five percent (85%) of the total civic space shall be
directly accessible to and visible from the abutting street where the
maximum front yard applies, but in no instance more than 3 feet above
or below the level of the adjoining right-of-way. Walls higher than 3
feet are not permitted along that portion of frontage that is needed for
access to the civic space. Required entryways and steps into the civic
space shall be at least 15 feet wide. Steps must have a maximum riser
height of 6 inches and a minimum tread depth of 12 inches.
CO The balance of the civic space shall include one (1) tree per three
- - --- - - • : . •. . - At least forty (40) percent
of the civic space shall consist of an open plaza or courtyard.
(d) At least twenty (20) percent of the civic space shall consist of spaces
adjacent to the open plaza/courtyard with seating. One (1) linear foot
of seating for each fifty (50) square feet of plaza or courtyard must be
provided. Movable chairs will count for 30 inches of linear seating per
chair.
(e) At least thirty (30) percent of the civic space shall consist of landscaped
area. Such area shall include one (1) large deciduous tree for
each 500 square feet of landscaped area or portion thereof up to 2000
square feet. One additional large deciduous tree shall be required for
each additional 1,000 square feet of civic space- One (1) deciduous or
evergreen shrub shall be provided for each ten (10) square feet of
landscaped area with vegetative groundcover or one (11 square foot of
planted bed for each ten (10) square foot of landscaped area with
vegetative groundcover on remaining space.
(f) Two of the following amenities shall be provided within the civic space:
ornamental fountains, waterfalls, sculpture, art, performance spaces,
monuments, or trellises.
• • •
Sec. 36.2 319. Facade treatment.
14
(b) Corner lot: Provide at least one (1) entrance and provide the
through ♦he p of gl ss
Sec. 36.2-319. Building placement and facade transparency standards for multiple
purpose districts.
fa) Building placement and facade transparency requirements for each lot
type.
Table 319-1. Building Placement and Facade Transparency Requirements
Lot T oe
Interior(1 Corner(2 frontages) Corner(3 or more Through
frontage) fronts es
Building Meet the Meet the maximum Meet the maximum Meet the
placement maximum yard yard along the yard alone the maximum yard
along the street primary street primary street along the
frontage frontage and along frontage and along primary street
the intersecting one intersecting frontage
street frontage street frontage
Ground floor Provide the Provide the Provide the Provide the
transparency y scecified specified percentage specified specified
for principal percentage in in Section 36.2-316 percentage in percentage in
structures Section 36.2- on the facade facing Section 36.2-316 Section 36.2-316
Jminimum) 316 on the the primary street on the facade on the facade
facade facing frontage. facing theprimary facing the
the street street frontage. primary street
15
- frontage. On the facade facing frontage.
the intersecting On the facade
street,provide half facing the
the area required for intersecting street
-- the primary facade. on which the
- maximum yard is
also applied
- provide half the
area required for
the primary fa ade.
Upper floor Provide the Provide the Provide the Provide the
transparency specified specified percentage specified specified
for principal percentage in in Section 36.2- percentage on the percentage in
structures Section 36.2- 316on the facades '.. facade in Section Section 36.2-316
(minimum) - 316 on the facing the primary 36.2-316[acing on the façade
facade facin street and the primary street and facing the
the street intersecting street, on the facade primary street
frontage. facing the frontage.
intersecting street
on which the
maximum yard is
- - ---- a..lied.
lb) For corner and through lots, the primary street frontage shall be
determined by the zoning administrator based on the classification of
the street (local, collector, or arterial) from the Roanoke's Street
Hierarchy Map in the City of Roanoke Street Design Guidelines. The
street with the most intensive classification shall be determined to be
the primary street. Arterial streets are considered the most intensive
classification and local streets the least intensive. The zoning
administrator may determine an alternative primary street frontage
based on:
j1) Actual traffic counts provided by the Virginia Department of
Transportation, the City of Roanoke, or the developer of a project
through a documented traffic study.
j2) Orientation of other buildings along the adiacent street frontages.
(3) Specific direction from a City Council adopted neighborhood plan, area
plan, or corridor plan.
jcI For purposes of calculating the minimum facade transparency, the
overall area of a facade shall be calculated as identified below for
ground and upper floors. The minimum required transparency shall
then be calculated by applying the minimum facade transparency
percentages from Section 36.2-316 to the calculated overall facade.
(1) Ground floor - The linear width of the ground floor facade multiplied by
an assumed height of ten (10)feet.
16
(2) Upper floors - The linear width of the upper floor multiplied by an
assumed height of eight (8) feet.
fd) The facade facing a primary street frontage shall contain a primary
entrance with the threshold located at the grade of the adiacent
sidewalk or at the adjacent grade when not abutting a sidewalk, except
as follows. The primary entrance in the MX or IN District may be above
the finished grade of the adjacent sidewalk or adjacent grade of the
site. The entrance shall be accessible during normal business hours to
employees and customers/patrons of the building occupant.
fel Arrangement of transparency on a facade facing a primary_street
frontage.
(1) At Least 60 percent of the specified ground floor transparency shall be
located within a horizontal zone of the facade located between 2 feet
and 8 feet above the finished floor elevation where the primary
entrance is located. Such transparency shall begin at a height no
greater than three feet above the finished floor elevation of the
primary entrance.
12) Transparency shall be arranged so that no more than 20 linear feet of
ground floor building facade is void of transparency.
(3) No more than 30 percent of the required transparent area between 2
feet and 8 feet in height above the finished floor elevation of the
primary entrance may be covered by opaque or semi-opaque materials,
such as window or door signs or tinting.
(41 No wall or other permanent visual obstruction shall be located within
24 inches of the interior of the specified transparent area. Merchandise
displays facing the street or operable blinds,shades. or curtains shall
not be considered permanent visual obstructions.
DIVISION 3. INDUSTRIAL DISTRICTS
Sec. 36.2-322. Use Table for Industrial Districts.
District I- I- AD Supplemental'
1 2 Regulation
Section
Accommodations and Group Living Uses
Hotel or motel p
Commercial Uses: Office and Related Uses
Business service establishment, not otherwise listed P
17
Employment or temporary labor service P
Financial institution P P
Laboratory, dental, medical, or optical P P P
Laboratory, testing and research P P P
Office, general or professional P
Office, general or professional, large scale P P
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or runs P
Animal hospital or veterinary clinic, with outdoor pens or runs S
Caterer, commercial P
Drive-through facility P 36.2-409
Kennel, no outdoor pens or runs P
Outdoor advertising sign P P 36.2-675
Pet crematorium P
1Studio/multimedia production facility P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food production, retail P
Building supplies and materials, retail P P
Car wash, not abutting a residential district P 36.2-406
Car wash, abutting a residential district 5 36.2-406
Commercial motor vehicle rental establishment P
Commercial motor vehicle sales and service establishment, new P 36.2-407
Commercial motor vehicle sales and service establishment, used P 36.2-407
Contractor or tradesman's shop, general or special trade P P
Dry cleaning and laundry pick-up station P
Dry cleaning plant or commercial laundry P
Gasoline station P 36.2-411
General service establishment, not otherwise listed P
!Internet Sales Establishment P P P
Janitorial services establishment P !,
Lumberyard P P
Manufactured or mobile home sales P
Motor vehicle rental establishment, without inventory on-site P P
Motor vehicle rental establishment, with inventory on-site P P
Motor vehicle repair or service establishment P P 36.2-419
Nursery or greenhouse, commercial P
'Recreational vehicle or boat sales P
Retail sates establishment, not otherwise listed P P
18
Storage building sales P
Industrial Uses
'Asphalt or concrete plant S
Bakery, confectionary, or similar food production, wholesale P P
Biosolids field S
Building supplies and materials, wholesale P P P
Commercial printing establishment P P P
Composting facility 5
Contractors shop, heavy construction P P
Dairy products, processing, bottling, and wholesale distribution P P
Electrical component assembly, wholesale distribution P P P
Fuel oil distribution S P
Fueling station, commercial or wholesale P P
Junkyard S S 36.2-414
Manufacturing: Beverage or food processing, excluding poultry and P P
animal slaughtering and dressing
Manufacturing: Chemical, refining or processing, including the S
manufacture, refining or processing of ammonia, bleach, bluing,
calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer,
gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of
Pads, potash, rubber, shellac, tar, turpentine, vinegar, yeast
Manufacturing: Chemical, refining or processing, not otherwise listed P P
in this table
Manufacturing: General, not otherwise listed in this table P P P
Manufacturing: Steel or metal production, fabrication, or processing 5 P P
,.Manufacturing: Wood products P
Meat packing and poultry processing S
Milling or feed and flour mills S S
Motor vehicle or trailer painting and body repair 5 P 36.2-418
Quarry S
.Recycling center 5 S 36.2-414
Tire recapping
Towing service P P 36.2-430
Welding or machine shop P P
Workshop P P P
Wrecker yard S S 36.2-414
Warehousing and Distribution Uses
Distribution center, not otherwise listed P P P
Mini-warehouse P P P 36.2-415
Storage of commercial motor vehicles P P
19
Storage of motor vehicles for rental (no on-site rental or leasing P P
facility)
Tank farm, petroleum bulk station and terminal, or other aboveground S
storage of flammable liquids
Warehouse P P P
Assembly and Entertainment Uses
Amusement, commercial, outdoor P
Eating establishment P P
Eating and drinking establishment, not abutting a residential district P P
Go-cart track S
Health and fitness center P P P
Paint ball facility, outdoor S
Recreation, indoor P
Public, Institutional, and Community Uses
Artist studio P
Community garden P P P 36.2-407.1
Educational facilities, business school or nonindustrial trade school P P
Educational facilities, industrial trade school P P
Fire, police, or emergency services P P
Government offices or other government facility, not otherwise listed P P
Military reserve or National Guard center P P
Post office P P
Supply pantry P
Training facility for police, fire, or emergency services P P
Transportation Uses
Airport or airport-related commercial and personal service uses P
Bus maintenance, including repair and storage P P
Limousine service P P P
Motor freight terminal or truck terminal P P P
Parking lot facility P
Parking, off-site P P P 36.2-652
Railroad freight yard, repair shop, and marshalling yard P
Taxicab business P P P
Utility Uses
Broadcasting studio or station P
Broadcasting tower S S 36.2-432
Hazardous materials facility S
Utility distribution or collection, basic P P P
20
Utility distribution or collection, transitional P P S
Utility generation or treatment P
Utility maintenance and service facility P P
Wireless telecommunications facility S P S 36.2-432
Wireless telecommunications facility, stealth P P P 36.2-432
Agricultural Uses
Agricultural operations SP SP P
Animal shelter P P
Accessory Uses
Accessory uses, not otherwise listed in this Table P P P 36.2-403
Outdoor storage P P P 36.2-423
Portable storage container P P 36.2-403
Recycling collection point P 36.2-403
Resident manager apartment P P 36.2-403
Temporary health care structure
Wind turbine, commercial P P 36.2-403
Wind turbine, small P P P 36.2-403
"P" indicates a use permitted as of right.
"S indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2-323. Dimensional regulations for industrial districts.
Lot area (square feet) Minimum 10,000 20,000 20,000
Maximum None None None
Lot frontage (feet) Minimum 100 100 100
Maximum None None None
Front yard (feet) Minimum 0 0 0
Maximum 30None None None
Side yard minimum (feet) 0 0 0
Rear yard minimum (feet) 0 0 0
'Accessory structure minimum setback from rear 0 0 0
and side lot lines (feet)
- t ^ax'rw^ ('eet) 40 60 60
Height maximum(fcen Property abutting a 1 foot for each foot of setback from any
residential district abutting residential lot
Property not None
abutting a
residential district
Floor area ratio maximum 2.0 2.0 2.0
21
Impervious surface ratio maximum (percentage 90 90 70
of lot area)
Minimum Parking requirement applies Yes Yes Yes
Minimum tree canopy (percentage of lot area) 10% 10% 0%
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No"means the requirement does not apply.
"None means there is no requirement.
DIVISION 4. PLANNED UNIT DEVELOPMENT DISTRICTS.
Sec. 36.2-327. Use table for planned unit development districts.
MXPUD INPUD IPUD Supplemental
Regulation
Section
Residential Uses
Dwelling, single-family attached P
Dwelling, single-family detached P
Dwelling, two-family P
Dwelling, multifamily P P
Dwelling, townhouse or rowhouse P 36.2-431
Accommodations and Group Living
Bed and breakfast P P 36.2-405
Dormitory P
Group care facility, congregate home, elderly, P P 36.2-412
Group care facility, congregate home, not P 36.2-412
otherwise listed
Group care facility, group care home P 36.2-412
Group care facility, halfway house P 36.2-412
Group care facility, nursing home P P 36.2-412
Group care facility, transitional living facility P 36.2-412
Group home P P
Hotel or Motel P P
Commercial Uses: Office and Related Uses
Btood bank or plasma center P
22
Business service establishment, not otherwise P P P
listed
Financial institution P P P
Laboratory, dental, medical, or optical P P P
Laboratory, testing and research P P
Medical clinic P P
Office, general or professional P P P
Office, general or professional, large scale P P P
Outpatient mental health and substance abuse S
clinic
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor P
pens or runs
Caterer, commercial P
Community market P
Drive-through facility P P P 36.2-409
Drive-through kiosk P 36.2-409
Live-work unit P P 36,2-416
Mixed use building P P 36,2-416
Studio/multimedia production facility P P P
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food P P P
production, retail
Building supplies and materials, retail P P P
Contractor or tradesman's shop, general or P P P
special trade
Dry cleaning and laundry pick-up station P P P
Dry cleaning plant or commercial laundry P
General service establishment, not otherwise P P P
listed
Laundromat P P
Lumber yard
Motor vehicle rental establishment, without P
inventory on-site
Motor vehicle rental establishment, with P
inventory on-site
Nursery or greenhouse, commercial P
Personal service establishment, not otherwise P P
listed in this table
Pet grooming P P
Retail sales establishment, not otherwise listed P P P
23
•
Industrial Uses
Bakery, confectionary, or similar food P
production, wholesale
Building supplies and materials, wholesale P
Commercial printing establishment P
Contractors shop, heavy construction P
Dairy products, processing, bottling, and P
wholesale distribution
Electrical component assembly, wholesale P
distribution
Fuel oil distribution P
Fueling station, commercial or wholesale P
'Manufacturing: Beverage or food processing, P
.excluding poultry and animal slaughtering and •
•
•
dressing
Manufacturing: Chemical, refining or processing, P
not otherwise listed in this table
Manufacturing: General, not otherwise listed in P
this table
Manufacturing: Steel or metal production, P
fabrication, or processing
Milling or feed and flour mills P
Welding or machine shop P
Warehousing and Distribution
Distribution center, not otherwise Listed P
Warehouse P
Assembly and Entertainment Uses
Amphitheater P P
Amusement, commercial, indoor P
Botanical garden or arboretum P P
Club, lodge, civic, or social organization P P
Community center P P
Eating establishment P P P
Eating and drinking establishment, not abutting P P P
a residential district
Eating and drinking establishment, abutting a P P P
residential district
Entertainment establishment, abutting a P P P
residential district
Entertainment establishment, not abutting a P P P
residential district
Golf course P
24
Health and fitness center P P
Meeting hall P P
Park or playground P P
Place of worship p p
Recreation, outdoor P P
Sports stadium, arena, or coliseum P
Public, Institutional, and Community Uses
Aquarium or planetarium P
Artist studio P P P
Community food operation P
Community garden P P P 36.2-407.1
Day care center, adult P P
Day care center, child P P 36.2-408
Day care home, child P P
Educational facilities, business school or P P P
nonindustrial trade school
Educational facilities, college/university P
Educational facilities, P
elementary/middle/secondary
Educational facilities, industrial trade school P
Educational facilities, school for the arts P P
Fire, police, or emergency services P
Government offices or other government P P
facility, not otherwise listed
Hospital P
Library
Military reserve or National Guard center P P
Museum P P
Post office P P
Supply pantry P
•Training facility for police, fire, or emergency P P
services
Transportation Uses
11 Bus maintenance, including repair and storage P
Motor freight terminal or truck terminal P
Parking, off-site P P P 36.2-652
Taxicab business P
Utility Uses
Broadcasting studio or station P P
25
•
Broadcasting tower 5 S 36.2-432
Hazardous materials facility 5
Utility distribution or collection, basic P P P
Utility distribution or collection, transitional 5 P P
Utility maintenance and service facility P
Wireless telecommunications facility P P P 36.2-432
Wireless telecommunications facility, stealth P P P 36.2-432
Agricultural Uses
Agricultural operations P P P
Accessory Uses
Accessory uses, not otherwise listed in this P P P 36.2-403
'Table
Accessory apartment S P 36.2-402
Home occupation, excluding personal service P P 36.2-413
Home occupation, personal service P P 36.2-413
Outdoor recreation facility lighting or sports 5 5 36.2-403
'stadium lighting
Outdoor storage P 36.2-423
Portable storage container P 36.2-403
Recycling collection point P 36.2-403
Resident manager apartment P p 36.2-403
Temporary health care structure
Wind turbine, commercial S 5 5 36.2-403
Wind turbine, small S S S 36.2-403
"P" indicates a use permitted as of right.
"5"indicates a use permitted only by special exception.
A blank cell indicates the use is not permitted.
Sec. 36.2-328. - Dimensional regulations for planned unit development districts.
District MXPUD INPUD IPUD
Minimum size of district (acres) None 2None 5
Minimum lot area per dwelling unit (square feet) 1,800 1,800 None
Lot area minimum (square feet) Specified on the development plan for
Lot frontage minimum (feet) 11 the district
Front yard minimum (feet)
Side yard minimum (feet)
Rear yard minimum (feet)
Height maximum (feet)
Usable open space (percentage of lot area)
26
Accessory structure minimum setback from rear and
side lot lines (feet)
Minimum parking requirement
Impervious surface ratio maximum (percentage of lot 80 80 80
area)
Minimum tree canopy (percentage of lot area) 15 10 10
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
No means the requirement does not apply.
"None" means there is no requirement.
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 Neighborhood Design District ND):
(1) Building location and massing:
(D) Where lots on both sides have dwellings, the height of the
foundation facing the street shall be no more than twenty (20)
percent greater than the height of the tallest adjoining
foundation and shall be no less than 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 twenty (20) percent of the height of that adjoining
dwelling. However, when the first floor of a dwelling meets the
standards for accessibility in accordance with the Internation
Code Commission document A117.1-2009 - Accessible and Usable
Buildings and Facilities, the height of the foundation shall 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.
•
(3) Entrances and windows:
27
(G) A sidewalk at least four (1)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.
•
(6) Garages and additions • < • . • . - - - - •
(A) An attached or detached garage or carport shall be offset at
least twenty-four (24) inches behind the front facade of the
dwelling. -- ' - • - - . . --- •- - -- -
primary fnt=yard.Bay doors facing a street shall have panel
insets or windows. An attached garage shall not make up more
than 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 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(1(5).
* *
ARTICLE 4. SUPPLEMENTAL REGULATIONS.
Sec. 36.2-403. Accessory uses and structures.
(c) Setbacks. Except for fences, walls, arbors, trellises, or outdoor light
support structures, or as otherwise provided in this section, accessory s
structures,, et-her—than•`•`-n including refuse dumpster enclosures, shall be
located no closer to any street than the principal building, except.
Exceptions to this provision apply as follows but are not applicable to
refuse dumpster enclosures:
(1) In the case of any corner lot with more than two (2) street frontages or
any through lot, such requirement shall apply to only one (1) street.
(2) In the case of any corner lot with two (2) street frontages, such
requirement shall not apply to a second front yard.
28
•
(h) Recycling collection points. Recycling collection points, where
permitted as accessory uses by this chapter, shall be subject to the
following regulations:
433
building, .nail gin from _ - albutting
rn Section e),
(k) Portable storage containers. Portable storage containers shall be
permitted by right as accessory uses as set forth in the Use Tables in
Article 3 of this chapter, subject to the following supplemental
regulations:
•
Sec. 36.2-404. Adult Uses
* *
(b) Definitions. In this section, unless the context otherwise requires, the
following words and terms are defined as set out below:
Adult entertainment establishment: An eating establishment, eating and drinking
establishment, entertainment establishment, private club or similar establishment
which features, on a regular basis, live performances involving persons who display
specified anatomical areas or engage in specified sexual activities where such
performances occur on more than one day in a 30-day period.
Adult use: Any adult bookstore, adult entertainment establishment, adult motion
picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult
model studio, adult drive-in theatre, or massage parlor, as defined in this subsection.
29
Section 36.2-406. Car wash.
*
(b) Standards
in Section 36.2 647(c). - -. - - - - - - -
423{71 Stacking spaces and stacking lanes shall be subject to the
requirements of Section 36.2-409, Drive-through facilities.
(2) Discharge of wash water to the ground or storm drain system is
prohibited.
Sec. 36.2-407. Commercial motor vehicle sales and service, new or used.
•
ie Section 36.2 617(c).
(d)Lc1 A new or used commercial motor vehicle sales and service
establishment shall require a minimum lot area of twenty
thousand (20,000) square feet designated for such use.
Section 36.2-407 1. Community Gardens.
la) Purpose: Establish standards for community gardens to ensure
compatibility between these small-scale agriculture uses and
other adjacent uses.
jbl Applicability. The supplemental regulations set out in this
apply to all new community gardens and expansions of existing
community gardens.
(c) Standards.
(1) Maximum lot area for community garden shall be 20,000 square feet in
all residential districts, except the RA District. The maximum lot area
for a community garden shall be 40,000 square feet in all other
districts.
12) All sheds, greenhouses, shelters, and similar structures associated with
a community garden shall be considered accessory to the garden and
subject to the yard requirements for accessory structures in the base
zoning-district.
30
•
district or the minimum front yard established by Section 36.2-313,
when applicable. For corner lots, this requirement shall apply to only
one street frontage.
(4) The maximum footprint of all accessory structures as identified in item
(2) above shall be limited to ten (10)percent of the lot area of the
community garden. The maximum size of any single accessory
structure shall be limited to fifty (50) percent of the maximum
footprint allowed. In no case shall the number of accessory structures
exceed five.
(5) In districts where signs are otherwise prohibited, a non-illuminated
identification sign for a community garden, not exceeding eight square
feet in area and four feet in height if freestanding, is permitted on
each lot frontage in accordance with the provisions of Article 6 of this
Chapter.
(6) Any outdoor lighting shall be less than or equal to eight feet in height
and shall be fully shielded or located, aimed, and shielded so as not to
present glare on abutting lots or streets and to minimize spill light
trespassing upward or across lot lines in residential districts.
(7) When not otherwise permitted by the base zoning district, up to four
public events may be held during each 12-month period.
•
Sec. 36.2-410. Fences, walls, arbors, and trellises.
(b) Fence and wall standards.
(1) No fence or wall that exceeds a height of thirty (30) thirty six (36)
inches from graded ground level shall be permitted within a sight
distance triangle.
(4) Provision of barbed wire and razor wire
(A) Barbed wire and razor wire are prohibited in all residential
districts, except that barbed wire is permitted to contain
animals associated with an agricultural operation in the RA
district.
(B) Barbed wire and razor wire may be used on top of any wall or
fence in any multiple purpose district, industrial district or
planned unit development provided that:
(i) Such wall or fence is at least six feet in height;
31
(1) Such wall or fence is at least six feet in height;
(ii) That the barbed wire or razor wire is installed on arms or
brackets extending from the top of such wall or fence
inwardly over the private property or if projecting
outwardly, that the arms, brackets and wire do not
project over a public right-of-way or other public access;
liii) That not more than three strands of barbed wire shall be
so installed; and
(iv) The first strand shall be at least six inches from the face
of the wall or fence.
Sec. 36.2-411. Gasoline stations.
forth i.- n 34 7-617 \ - -
c
(rte J Aitional-sStandards in the CG, CLS, and I-1 Districts. lo-addition-to-the
-• - . - - - - - -- - - .. , -Any gasoline station
located in the Commercial-General District (CG), Commercial-Large Site
District (CLS), or Light Industrial District (I-1), shall be subject to the
following standards for any canopy over a gas pump island:
(1) Such canopy shall have a maximum clear, unobstructed height to its
underside not to exceed fourteen (14) feet six (6) inches and a
maximum overall height not to exceed sixteen (16) feet six (6) inches;
(2) There shall be no illumination of any portion of the fascia of the
canopy;
(3) 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 shalt be directed downward toward the pump islands
and shall not be directed outward or away from the site.
(4) The vertical dimension of the fascia of such canopy shalt be no more
than two (2) feet; and
32
(5) 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.
(ed) Additional3Standards in the CN and D Districts. In-additieato-Eke
•-. - . . - - . - • - - - • .-- , . •nygasoline
station located in the Commercial-Neighborhood District (CN) or
Downtown District (0), shall be subject to the following standards:
(1) Any canopy over a gas pump island shall be subject to the following
standards:
(A) Such canopy shall have a maximum dear, unobstructed height
to its underside not to exceed fourteen (14) feet six (6) inches
and a maximum overall height not to exceed sixteen (16) feet six
(6) inches;
(8) 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) The vertical dimension of the fascia of such canopy shall be no
more than two (2) feet;
(E) No sign shall be attached to or on such canopy; and
(F) Such canopy shall be set back a minimum of ten (10) feet from
the street.
Sec. 36.2-412. Group care facilities.
(c) Standards.
33
* x *
* • •
Sec. 36.2-414. Junkyards, wrecker yards, and recycling centers.
(b) Standards.
* x
vc
(87) In addition to the requirements of subsections (1) through (36) above, a
wrecker yard shall be subject to the following additional standards:
(A) The lot area shall contain a minimum of twenty thousand
(20,000) square feet;
(B) There shall be no storage of a damaged or inoperative motor
vehicle or trailer outside a wholly enclosed building for more
than one hundred twenty (120) calendar days, unless
documentation satisfactory to the Zoning Administrator is
provided that such a damaged or inoperative motor vehicle or
trailer is the subject of an on-going law enforcement or
insurance investigation or is the subject of a proceeding being
pursued as expeditiously as possible by the wrecker service
pursuant to Section 43-34 of the Code of Virginia (1950), as
amended; and
(C) Any parts removed from a damaged or inoperative motor vehicle
or trailer shall be stored within a wholly enclosed building.
* • x
Sec. 36.2-415. Mini-warehouses.
34
(b) Standards. Where permitted by this chapter, mini-warehouses shall
comply with the following standards:
• *
(32) The floor area of any storage unit or cubicle shall not exceed four
hundred (400) square feet.
(43) The maximum length of any single building housing such individual
storage units or cubicles shall be two hundred (200) feet.
(54) AU storage shall be within a completely enclosed building. The outdoor
storage of inventory, materials, vehicles, or merchandise shall be
prohibited.
(65) The distance between mini-warehouse structures shall be a minimum of
twenty (20) feet. Where vehicular circulation lanes and parking and
loading spaces are to be provided between structures, the minimum
separation distance shall be increased accordingly in order to ensure
vehicular and pedestrian safety and adequate emergency access.
(76) No activities such as the sale, repair, fabrication, or servicing of goods,
motor vehicles, appliances, equipment, or materials shall be conducted
from mini-warehouse units.
(87) The storage of explosive, flammable, or hazardous materials shall be
prohibited.
Sec. 36.2-418. Motor vehicle or trailer painting and body repair.
4 4 4
(c) Additional standards in the I-1 and 1-2 Districts. In addition to the
general standard set forth in subsection (a), above, a motor vehicle or
trailer painting and body repair establishment in the Light Industrial
District (I-1) or the Heavy Industrial District (1-2) shall be subject to the
following requirements:
* 4 •
35
•
p.
Sec. 36.2-419. Motor vehicle repair or service establishment.
(a) General standards. Any motor vehicle repair or service establishment
permitted by this chapter, regardless of zoning district, shall be subject
to the following general standards:
647(e).
(21) All repair or maintenance activities shall occur in a wholly enclosed
building;
(32) The exterior display or storage of new or used motor vehicle parts is
prohibited; and
(43) Such establishment shall be limited to the incidental sale of up to five
(5) repaired or rebuilt motor vehicles or trailers within one (1) calendar
year at that location; however, the sale of repaired or rebuilt motor
vehicles or trailers for the purpose of satisfying a lien for services
rendered or parts supplied shall not be included in the total of such
permitted incidental sales.
* « *
Sec. 36.2-420. Motor vehicle sales and service establishment, new.
« « «
Section 36.2 617(c).
(dc) A new motor vehicle sales,and service establishment shall require a
minimum lot area of forty thousand (40,000) square feet designated for
such use, except as provided in subsection (e), below.
36
(ed) A new motorcycle sales and service establishment shall require a
minimum lot area of ten thousand (10,000) square feet designated for
such use.
Sec. 36.2-421. Motor vehicle sales and service establishment, used.
Application for a zoning permit for a used motor vehicle sales and service
establishment shall require that the applicant submit a basic or comprehensive
development plan in compliance with the following supplemental regulations:
• *
617(H•
(4c) A used motor vehicle sales and service establishment shall require a
minimum lot area of fifteen thousand (15,000) square feet designated
for such use.
* * «
Sec. 36.2-423. Outdoor storage.
Where permitted by this chapter, outdoor storage shall comply with the
following requirements:
« « *
36.2 617(b). - - -- - -
-
Refined in Secti_n 3c 2 617(b) --
r t Buffee-Yarel-C-ategorzy-Requifed
RA, R 12, R 7, R 5, R 3, RM 1, RN 2, 14MF,
M%RNB
. • - 6
14, 1-2 Not required
* * «
37
Sec. 36.2-429. Temporary uses.
• • •
Table 429-1. Temporary Uses
Activity Zoning Maximum Maximum Zoning
Districts Duration Number per Permit •
Where Calendar Year Required?
Permitted for Lot
Auction Any district 3 calendar days 1 No
Christmas tree sales RA, CN, CG, 60 calendar days 1 Yes
CLS, I-I, 1-2,
UF
Construction-related Any district For duration of Not applicable Yes
activities or model construction activity
home office, subject
to subsection (b),
below
Fireworks stand, CG, CLS, UF 30 calendar days 1 Yes
subject to Section 21-
207 of this Code
Outdoor retail sales, CG, CLS, UF 10 calendar days 4 Yes
subject to subsection
(c), below
Portable storage Any district RA, R-12, R-7, R-5, R-3, See maximum Yes
•
containers, subject to FM-1, RM-2, RMF, MX, duration
subsection (d), below MXPUD: 21 eensec-utive
y-6-
• ..th potiod pe_lot.
�
CN, CC, CLS, 11, 12, D, IN,
Pr1S, 4'\ PIPU\ '^u'\ U°>
4c •,
limited.
^ary ar peer lot
•• 30 consecutive calendar
days.except 60
consecutive calendar
days when there is a
change of residency in a
dwelline unit
• Limited to 120 days per
calendar year.
CN,CG,CLS, 1-1,1-2, D,
IN,ROS,AD,INPUD,
IPUD,UF:
• 120 consecutive days.
• Limited to 120 days oer
calendar year per lot. 1
38
Produce stand (not RA, CN, CG, 90 calendar days, limited Not applicable Yes
applicable to CLS, 61, 1-2, to one (1) permit per any
community markets) OF 90-calendar day period per
lot
Public events, CN, CG, US, 14 calendar days Not applicable Yes
subject to subsection D, IN, ROS, I-1,
(e), below I.2, IPUD,
INPUD, OF
Yard or Garage Sales, Any residential 2 consecutive calendar 2, with an No
subject to subsection district or days, limited to the interval of at
(f), below dwelling unit daylight hours least 3 months
between sales
• • *
Sec. 36.2-430. Towing services.
Towing services permitted by this chapter shall be subject to the following
standards:
* * •
r•: . : .:: . : - - :- •-: :: : •: :-� : ..:
Sec. 36.2-431. Townhouses and rowhouses.
* * 4
(b) Applicability. The regulations of contained-in this section shall be
applicabieapply in anythe residential and multiple purpose-zanies
aht or by s - - - - - -
(c) Standards. - - : - • - - • • - • " . - - - - -
sestioar trownhouses and rowhouses shall be subject to the
following supplemcntal regulations:
* * 4
(3)
- - - - - - - - - - - • • - - - -:. Density, lot
39
size, and frontage: The dimensional regulations of the zoning district
as identified in Section 36.2-312 shall apply to the entire development
site. Dimensional regulations shall not apply to each individual lot or
unit lot.
such-building-
(34) Off-street-pParking: No eff-skeet 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)feet in
width, the driveways are no greater than ten(10)feet in width,and the
garage doors are no greater than ten(10)feet in width.Off-street pParking
spaces may be grouped in bays if not located between a public or private
street and any principal building.
•
• • *
40
• Sec. 36.2-432. Wireless telecommunications facilities and broadcasting towers.
(d) Application requirements.
• * •
(2) All applicants for a special exception for wireless
telecommunications or broadcasting towers shalt provide the
following at the time of application:
• * *
(N) A landscape plan, : . -- . - - - , showing
the locations, species, and size at planting for the landscaping
proposed for the wireless telecommunications or broadcasting tower
site.
(3) All applicants for stealth wireless telecommunications facilities, where
permitted as of right by this chapter, shall provide the following at the
time of application:
• « *
(I) A landscape plan, pursuant to_Section 36.2 432(c)(11), showing the
locations, species, and size at planting for the landscaping proposed
for any ground-mounted equipment.
* « «
(e) General standards. The following standards shall apply to any wireless
telecommunications or broadcasting tower permitted by this chapter as
of right or by special exception:
• . «
(9) All antennae shall be flush-mounted, unless otherwise approved by
special exception, and all wireless telecommunications and
broadcasting towers and associated hardware, antennas, and facilities
shall be a flat matted finish so as to reduce visibility and light reflection
unless otherwise required by the FCC or FAA.
* * *
(11) • - • : : . : . '. _ • _ .
41
. . . - . . . . . .-:. Existing mature tree
growth on the site shall be preserved to the maximum extent possible.
In locations where the visual impact of the wireless telecommunications
tower would be minimal, the landscaping buffer requirement may be
reduced by the Board of Zoning Appeals as part of a special exception
approval process.
*
Section 36.2-433. Workshops.
fa) Purpose. The purpose of this section is to establish standards for
workshops that enable small scale production operations to be
established in many districts while protecting adjacent uses from
potential negative impacts associated with industrial activity.
(b) Applicability. The regulations contained in this section shall be
applicable to a workshop in any zoning district in which workshops are
a use permitted as of right or by special exception.
(c) Standards. In accordance with the general purpose set out in this
section, workshops shall be subject to the following supplemental
regulations:
11) The maximum gross floor area occupied by a workshop shall be limited
to 2,000 square feet in all zoning districts.
(2) All processing, manufacturing, and assembly shall occur within a fully
enclosed building.
ARTICLE 5. PROCEDURES.
DIVISION 5. DEVELOPMENT PLANS
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,
42
•
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 single 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. In those circumstances where one of the following
activities is proposed, and where the provisions of Chapter 11.4,
Stormwater Management, of this Code are not applicable, a basic
development plan shall be submitted with all zoning permit
applications:
* * *
(5) Additions of less than two thousand (2,000) square feet of impervious
surfaces other than rooftops or parking areas:; or
S61 Establishment, relocation or expansion of a community garden,
including construction, reconstruction or moving of an accessory
structure and associated grading and clearing.
(b) Filing of plan. The applicant shall file a basic development plan with the
Zoning Administrator, pursuant to the submittal requirements of Section
B-1, Appendix B. The zoning administrator may authorize the omission
of certain elements of a basic development plan when such
information is not necessary to determine compliance with
applicable development regulations.
* * *
Sec. 36.2-553. Comprehensive development plans.
• * r
(b) Filing of plan. The applicant shall file a comprehensive development
plan with the Zoning Administrator. Such comprehensive development
plan shall be prepared in a clear and legible manner, shall be drawn to
scale, and shall comply with the submittal requirements of Section B-2,
Appendix B. The zoning administrator may authorize the omission of
certain elements of a comprehensive development plan when such
43
• information is not necessary to determine compliance with applicable
development regulations. The comprehensive development plan shall
be referred to the Agent to the Planning Commission for review and
approval in accordance with subsections (c) and (d), below.
• * *
DIVISION 6. SPECIAL EXCEPTIONS, VARIANCES, AND APPEALS
Sec. 36.2-560. Special exceptions.
(b) Procedures.
(1) Applications for special exceptions may be made by any property owner,
tenant, government official, department, board, or bureau. Such
application shall be filed with the Zoning Administrator in accordance
with rules adopted by the Board of Zoning Appeals. Upon receipt of a
complete application for a special exception, the Board of Zoning
Appeals shall hold a public hearing after giving notice as provided in
Section 15.2-2204, Code of Virginia (1950), as amended. However, when
giving any required notice to the owners, their agents, or the occupants
of abutting property and property immediately across the street or road
from the property affected, the Board may give such notice by first-
class mail rather than by registered or certified mail . In addition to
meeting the requirements of 15.2-2204, the Zoning Administrator shall
erect a sign indicating the nature of the special exception requested,
identification of the subject property, and the time, date, and place of
such public hearing at least ten (10) business days prior to the public
hearing before the Board of Zoning Appeals.
: : .:: . -: .-.• . 11 .. :•, -: .:, . -- - .:- ...The
expense of legal advertisement required by Section 15.2-2204 shall be
borne by the applicant.
• *
ARTICLE 6. DEVELOPMENT STANDARDS.
* * *
DIVISION 1. UTILITIES
44
•
Sec. 36.2-610. Utilities.
In all zoning districts, all utility service laterals or service lines associated with
a basic or comprehensive development plan shall be located underground; however,
utility service laterals or service lines may be located above ground to the point of
connection when routed directly to the rear of the structure by way of an alley or
utility easement where there are existing overhead distribution lines. All transformers
required to serve a development and located on the property associated with a basic
or comprehensive development plan may be located above ground but shall be surface
mounted on pads on the g r o u n d. . . . . . ..... . . . . . .. .. • - -
DIVISION 2. OUTDOOR LIGHTING
Sec. 36.2-622. Exempt lighting.
The following outdoor lighting shall be exempt from the requirements of this
division:
(kl Lighting required for servicing or repair of equipment, provided that
such lighting is normally off, only used during infrequent emergency
conditions, and that lighting is aimed, directed or shielded to provide
illumination only of the area requiring the lighting. Such lighting shall
be mounted on the equipment or structure that requires the lighting.
fl) Flood lights mounted on single family dwellings, two-family dwellings,
townhouses, row houses and multifamily dwellings with four or fewer
units provided that the lighting is mounted to the structure below the
eaves or parapeLis 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 spilt light trespassing
upward or across lot lines
DIVISION 4. LANDSCAPING AND SCREENING
* *
Sec. 36.2.642. General landscaping and screening standards.
45
.,
Table 642-1. Trees: Approved Plant List, Minimum Size at Planting,
20-Year Canopy, and Suitability
Common Name Botanical Name Minimum Minimum Canopy Suitability'
Height at Caliper at at
Planting Planting 20 Years
(sq. ft.)
Evergreen Trees
Cedar, Deodar Cedrus deodara 5' 177 C, B
Cedar, Eastern Red Juniperus virginiana 5' 38 B C
,Cypress, Leyland X Cupressocyparis 5' 113 B
leylandii 1
Holly, American Ilex opaca 5' 38 C, B
Magnolia, Southern Magnolia grandiflora 5' 177 C, B
Pine, Eastern White Pinus strobus 5' 177 C, B I
Spruce, Colorado Picea pungens 5' 113 C, B
Blue
Spruce, Norway Picea abies 5' 177 C, B
Spruce, White Picea glauca 5' 113 C, B
Large Deciduous Trees
Beech, American Fagus grandifolia 2" 177 C
Beech, Copper Fagus sylvatica cuprea 2" 177 C
Birch, River Betula nigra 2" 254 P, C
Black Gum/Tupelo Nyssa sylvatica 2" 177 C
Elm, Lacebark Ulmus parvifolia 2" 254 P, C
Ginkgo (Male Variety Ginkgo biloba (Male 2" 133 P, C
Only) Variety Only)
Honey Locust, Gleditsia triacanthos 2" 314 C
"Shademaster "Shademaster
Japanese Pagoda Sophora japonica 2" 254 C
tree
Japanese Zelkova Zelkova serrata 2" 177 P, C
Linden, American Tilia Americana 2" 314 C
Linden, Little Leaf Tilia cordata 2" 177 P, C
London Planetree Platanus acerfolia 2" 380 P, C
Maple, Red Acer rubrum 2" 314 P, C
Maple, Sugar Acer saccharum 2" 314 P, C
Oak, Chestnut Quercus prinus 2" 254 C
Oak, Northern Red Quercus rubra 2" 254 P, C
Oak, Pin Quercus palustris 2" 254 P, C
Oak, White Quercus alba 2" 254 C
46
Oak, Willow Quercus phellos 2" 254 P, C
Redwood, Dawn Metasequoia 2, 177 C
glyptostroboides
Tuliptree Liriodendron tulipifera 2" 254 C
Small Deciduous Trees
Cherry, Comelian Comus mas 5' 113 C, B
Cherry, Kwanzan Prunus serrulata 2" 177 P, C
Flowering 'Kwanzan'
Cherry, Yoshino Prunus yeodensis 2" 177 P, C
Dogwood, Flowering Cornus florida 5' 177 P, C
Dogwood, Kousa Comus kousa 5' 177 P, C
Goldenraintree Koelreuteria paniculata 2" 177 P, C
Hawthorn, Crataegus phaenopyrum 5' 113 C, B
Washington
Hophombeam, Ostrya virginiana 2" 201 C
American
Hombeam, American Carpinus caroliniana 2" 177 C
Maple, Amur Acer ginnala 2" 113 C, B
Maple, Hedge Acer campestre 2" 177 P, C, B
Maple, Japanese Acer palmatum 5' 177 C
Maple, Trident Acer buergerianum 2" 177 C
Myrtle, Crape Lagerstroemia indica 5' 113 P, C
Redbud, Eastern Cercis Canadensis 5' 177 P, C
Serviceberry Amelanchier arborea 5' 201 C
Sourwood Oxydendrum arboreum 5' 113 C
White Fringetree Chionanthus virginicus 5' 113 C
Source for Tree Canopy Coverage at 20 Years: Virginia Nursery& Landscape Association, Inc.
Suitability Key for Table 642-1:
P= Parking Areas or Street Yard Trees
C =Tree Canopy for Overall Site
B = Buffer Yards
. • .
Sec--34,-2-64-7-,—Burfer-yarets.
•
47
1514 oD iY m w
8
.. o
6
. r
liii
•
ter — — — — — — —
RM 1, ROS (1)
RM 2, RMF (2) — — B C C B —
€ (3) € B _ — — — —
CG (1) 9 C A — — — —
CLS (5) B E B — — — —
41 (6) B 0 C a B — —
12 (7) € € € E C — —
AD—(B) — — — — — — —
tiYPuD-r IWRUD, RID (W —
,m "A", "8',SC, g", and "E": Buffer—yard cateres as established in Table
6471.
(2) A dash (" ") m ans no buffer yard shall be required.
Sec. 36.2-647. Buffering and screening.
la) Buffering or screening shall be provided for certain activities and uses
as specified in Table 647-1 except for parking areas which is contained
in Section 36.2-648. The required buffering and screening materials
shall be provided in accordance with Section 36.2-649.
fb) Except where specified otherwise, buffering and screening shall be
installed in side and rear yards behind the building line of the lot being
developed such that it reduces the visual impact of the structures,
activities, or uses on abutting properties and public rights-of-way, as
applicable, considering sight lines from those abutting properties and
public rights-of-way, as applicable.
(c) For purposes of this section, abutting lots shall not include lots
separated by aright of way containing a street, river or creek, or
railroad line. Lots that would abut if not for their separation by an
alley shall be considered abutting lots for purposes of this section and
shall be subject to these buffering and screening requirements.
Table 647-1. Buffering and Screening Of Certain Uses and Activities
Activity or use Location Buffering or Minimum
Screening Height j
Materials
Wall of a principal building 1 Between the wall and an abutting Buffer:Deciduous None
that contains less than 15% residential district or multiple purpose trees and evergreen I
district shrubs
50
•
transparency.
Base of a retaining wall 5 or Between the wall and an abutting Buffer: Evergreen 18 inches
more feet in height within residential or multiple purpose district. shrubs
10 feet of property line.
Any commercial or Between the location of the activity and Screen: Solid fence 6 feet
industrial process or activity any abutting residential district or or wall
occurring outside of q multiple purpose district
wholly enclosed building;
Loading area,bay door, Between the loading area or loading Screen: Solid fence, 6 feet
loading dock or truck dock and any abutting residential district wall, or evergreen
terminal or multiple purpose district tree screen
Refuse container storage Perimeter of the refuse container storage Screen: Solid fence I2"above the
area area. or wall height of
tallest
Exception:Not required where the container
aggiegate capacity of refuse containers
is less than 0.5 cubic yard.
Mechanical equipment on Perimeter of the mechanical equipment Screen:Fence or wall 6"above the
ground that would otherwise be visible from any with 60%or greater height of the
street frontage or adjacent property. opacity. tallest unit
Exception:Not required where the use is
a single-family detached dwelling
Mechanical equipment on Perimeter of the mechanical equipment Screen: Fence or wall Screen 'h
roof that would otherwise be visible from any with 60%or greater vertical height
street frontage. opacity. of equipment
from adjacent
Exception:Not required in any industrial street
district.
Car wash Between wash bay openings and any Screen: Solid fence, 6 feet
abutting residential or multiple purpose solid wall,or
_ district evergreen tree screen
Commercial motor vehicle Between any display or service areas Screen: Solid fence 6 feet
sales or service,new or and any abutting residential district solid wall or
• used,or commercial motor evergreen tree screen
vehicle storage area. _
Drive-through Facilities I Between any speaker and any abutting Screen: Solid wall 6 feet
residential district,where the speaker is
directed toward the abutting,residential
district.
Gasoline stations Between the pumps and canopy and any Screen: Solid fence, 6 feet
abutting residential district solid wall,or
evergreen tree screen
Junkyards. wrecker yards, Perimeter of any area where the storage Screen: Solid fence 6 feet
and recycling centers collection,processing or other associated or solid wall,and
activit occurs and which is not wholl ever, een tree screen
51
enclosed within a building.
Mini-warehouse Between the facility and any abutting Screen: Solid fence, 6 feet
residential or multiple purpose district. solid wall, or
evergreen tree screen
Motor vehicle or trailer Perimeter of any area used to store any Screen: Solid fence, 6 feet
painting and body repair visibly damaged or inoperative vehicles. solid wall, or
evergreen tree screen
Motor vehicle repair or Perimeter of any area used to store any I Screen: Solid fence, 6 feet
service establishment visibly damaged or inoperative vehicles. solid wall or
evergreen tree screen
Motor vehicle sales and Between the display area and any Screen: Solid fence, 6 feet
service establishment, new abutting residential district. solid wall,or
or used evergreen tree screen
Outdoor storage Between the storage area and any Screen: Solid fence, 6 feet
abutting residential or multiple purpose solid wall,or
• district,and between the storage area evergreen tree screen
and any residential or multiple purpose
district across a street.
Portable storage container as I Between container storage area and any Screen: Solid fence 6 feet
accessory use abutting residential or multiple purpose • or solid wall
district
Recycling collection point Between any receptacle and any abutting Screen: Solid fence 6 feet
residential or multiple purpose district or solid wall
Towing services Perimeter of any storage area for Screen: Solid fence 6 feet
damaged or inoperative motor vehicles or solid wall
or trailers.
Wireless telecommunication Perimeter of the base of the facility and ' Screen: Solid fence, 16 feet
facility and associates mechanical equipment. solid wall, or
mechanical equipment. evergreen tree screen
52
er foi _ e de_id.._... .
below- . . - . .
rate of three (3) feet on center.
..A paF ing spacer • r
�cr.
•
tree canopy requirement.
53
the ten (10) percent tree canopy requirement, the 'vlance of
erking •paces
V°�nmg-�paCCr.
- .. :.
species.
Sec. 36.2-648. Parking area landscaping.
54
(a) Parking areas shall be subject to the following buffering and screening
standards:
11) Wheel stops, curbing, or other barriers shall protect landscaping from
damage by motor vehicles.
(2) Interior planting areas shall be at least eight (8) feet by eighteen (181
feet, with a minimum soil depth of two (2) feet, and shall include
surface landscaping, mulch, grass or other vegetative ground cover.
(3) Trees required by this section shall be selected from Table 642.1.
(b) Parking areas shall be landscaped according to the standards set forth
in the Table 648-1.
(c) The landscaping and screening materials shall be provided in
accordance with Section 36.2-649.
Table 648-1. Parking Area Landscaping Standards
Size of Street frontage Perimeter buffering Minimum tree canopy required
aP rkine buffering materials materials
area
6 or None required None required None required
fewer
ao rking
spaces
7-20 The minimum parking area tree canopy is 10%.
parking Street screen or an Deciduous trees and shrubs
spaces eight(8)feet deep between the parking area If the canopy of trees planted to meet
yard with deciduous and an abutting residential requirements for street frontage buffering
trees and evergreen district. materials and perimeter buffering materials
shrubs. does not meet 10%of the parking area canopy,
Exception:Buffering is not add at least half of the balance of required tree
required where the narking canopy to the interior of the narking area. Anv
area abuts a parking area remaining balance may be added to the
with 7 or more spaces on an perimeter of the parking area.
adjacent lot.
Only trees planted within 8 feet of the parking
• area pavement are credited toward parking area
canopy.
21 or Street screen or an Deciduous trees and shrubs The minimum narking area tree canopy is 20%.
more eight(8)feet de tthh between the parking area
ao rking yard with deciduous and an abutting residential If the canopy of trees planted to meet
spaces trees and evergreen district. requirements for street frontage buffering
shrubs. materials and perimeter buffering materials
Exception:Buffering is not does not meet 20%of the parking area canopy,
re quired where the parking add at least half of the balance of required tree
area abuts a lot that contains canopy to the interior of the parking area. Any
55
a parking area with 7 or remaining balance may be added to the
more spaces, perimeter of the parkin area.
Only trees planted within 8 feet of the parking
a r ea pavement e c edited toward parking area
canopy.
GEWItaiflefen
9F
center or lea.
omit.
Sec. 36.2-649. Standards for buffering, screening, and parking area landscaping
materials.
56
Materials used to meet requirements of Sections 36,2-647 and 36.2-648 shall
meet the standards of Table 649-1.
Table 649-1. Buffering, Screening and Landscaping Materials
Materials I Standards
Deciduous Spacing for small deciduous trees Minimum 15 feet on center
trees Maximum 30 feet on center
Spacing for large deciduous trees Minimum 20 feet on center
Maximum 40 feet on center
No more than half of the deciduous trees planted to meet canopy requirements shall be
of the same species.
Provide planting strip with minimum width of 8 feet unless otherwise specified in this
Chapter.
Solid fence or Use a fence or wall that is at least 95%opaque along the length of screen.
solid wall
Evergreen tree Plant evergreen trees no less than 6 feet and no more than 8 feet on center along the
screen len. h of the buffer.
Provide planting strip with minimum width of 5 feet unless otherwise specified in this
Chaster.
Evergreen Minimum spacing 2 feet on center.
shrubs Maximum s•acinu 3 feet on center. _
Provide planting strip with minimum width of 3 feet unless otherwise specified in this
Chaster.
Street screen Use a street screen with these characteristics:
• Minimum height of 30 inches and maximum height of 42 inches
• Vertical support posts of metal or masonry spaced at no more than eight (8)feet on
center.
• Panels between supports shall be metal.masonry, or both
• Metal elements that are painted or coated and of rigid construction,with no members
less than 0,25 inch.
• Masonry elements that are finished. exposed concrete block is not an acceptable
finish.
Plantin, stri• is a stri• of land dedicated to re•uired •lantin,s for bufferin• and screeninn_...••ses.
DIVISION 5. OFF--,STREET PARKING AND LOADING.
Sec. 36.2-652. Minimum off-street parking.
57
•
• * *
Table 652-2. Required Off offaceet Parking Spaces
Use Minimum Number of Parking Spaces Maximum
Required Parking
Calculated as 1 Space for Each Specified
Unit
Accessory Uses
Accessory uses None N
Residential Uses
Dwelling, single-family attached 1.5 dwelling N
Dwelling, single-family detached None N
Dwelling, two-family 1.5 dwelling unit N
Dwelling, multifamily, elderly 0.75 dwelling unit N
(intended and designed exclusively to
house the elderly)
Dwelling, multifamily, other than 1.5 dwelling unit N
elderly N
Dwelling
Townhouse or rowhouse 1.5 dwelling unit N
Dwelling, manufactured home Not applicable N
>Dwelling, mobile home N
Accommodations and Group Living
Bed and breakfast Guest bedroom, plus 2 spaces N
Boarding house 3 rooms or dwelling units N
Dormitory
Group care facility, congregate home, N
elderly
Group care facility, congregate home, N
not otherwise listed in this table
Group care facility, group care home N
Group care facility, halfway house N 1
,Group care facility, nursing home N
Group care facility, transitional living N
facility
Group home, subject to Virginia Code § N
15.2-2291
Hotel or motel Room; add spaces for meeting or restaurant Y
area as additional principal uses.
Commercial Uses: Office and Related Uses
Blood bank or plasma center 300 sf net floor area Y
58
Business service establishment, not V
otherwise listed in this table y
Employment or temporary labor service
Financial institution V
Laboratory, dental, medical, or optical 1,000 sf net floor area N
Laboratory, testing and research N
Medical clinic 300 sf net floor area Y
Office, general or professional
Outpatient mental health and
substance abuse clinic V
Commercial Uses:Miscellaneous
Animal hospital or veterinary clinic 500 sf net floor area Y
Caterer, commercial
Community market Not applicable V
Drive-through facility V _
Drive-through kiosk y
Flea market 500 sf of indoor or outdoor display area Y
Funeral home 4 seats in largest chapel or viewing room Y
Kennel 1,000 sf net floor area V
Live-work unit 1.5 dwelling unit Y
Mixed use building Subject to the requirements of the uses in Y
the building
Outdoor advertising sign None N
Pet crematorium 1,000 sf net floor area V
Studio/multimedia production facility 500 sf net floor area V
Commercial Uses: Retail Sales and Service
Bakery, confectionary, or similar food 300 sf net floor area V
production, retail
Body piercing establishment
Building supplies and materials, retail
Business service establishment, not
otherwise listed in this table
Car wash 1.5 service bay V
Commercial motor vehicle rental 1,000 sf net floor area N
establishment
Commercial motor vehicle sales and 5,000 sf of lot area V
service establishment, New or Used
Contractor or tradesman's shop, 600 sf net floor area Y
General or Special Trade
Dry cleaning and laundry pickup station 250 sf net floor area Y
Dry cleaning plant or commercial 500 sf net floor area V
laundry
Gasoline station None V
59
General service establishment, not 350 sf net floor area y
otherwise listed in this table y
Janitorial services establishment
Laundromat
Lumberyard 1,000 sf net floor area y
Manufactured or mobile home sales 500 sf of sales and service building y
Motor vehicle rental establishment 1,000 sf net floor area N
Motor vehicle repair or service 1.5 service bay
establishment
Motor vehicle sates and service 750 sf net floor area y
establishment, New or Used
Nursery or greenhouse, commercial 1,000 sf of indoor floor sales area plus 1 N
space for every 1,000 sf of greenhouse or
net outdoor sales and customer display area
Personal service establishment, not 300 sf net floor area y
otherwise listed in this table
Pet grooming 500 sf net floor area
Recreational vehicle or boat sales 1,000 sf net floor area y
Retail sates establishment—Large 1,000 sf of retail showroom area N
appliances, furniture, household
fixtures, swimming pools, hot tubs,
spas
Retail sales establishment, not 250 sf of retail area y
otherwise listed in this table
Storage building sates 500 sf of sales building y
Tattoo parlor 300 sf net floor area v
Industrial
All industrial uses 1,000 sf up to 10,000 sf of building area, N
then 1 space for every 2,000 sf of remaining
building area
Warehousing and Storage
Distribution center, not otherwise 5,000 sf up to 50,000 sf of building area, N
listed in this table then 1 space for every 10,000 sf of
remaining building area
Mini-warehouse Not Applicable N
Storage of commercial motor vehicles
Storage of motor vehicles for rental (no
on-site rental or leasing facility)
Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, N
terminal, or other aboveground storage then 1 space for every 2,000 of remaining
of flammable liquids building area
Warehouse 5,000 sf up to 50,000 sf of building area, N
then 1 space for every 10,000 sf of
remaining building area
Assembly and Entertainment
60
•
Adult uses 500 sf building area Y
I Amphitheater 6 seats or 600 sf of total assembly area, Y
whichever is greater
Amusement, commercial, indoor 250 sf net floor area Y
Amusement, commercial, outdoor 1,000 sf of activity area Y
Botanical garden or arboretum Not applicable Y '
Club, lodge, civic, social, or fraternal 300 sf of net floor area N
I
organization
Community center
Eating establishment 100 sf net floor area N I
Eating and drinking establishment
Entertainment establishment
,;Exhibition, convention, or conference 8 persons of maximum load occupancy Y
center
Gaming establishment 250 sf net floor area N
Go-cart track 1,000 sf of activity area V
Golf course 0.5 holes Y
Health and fitness center 5 persons of maximum load occupancy Y
Meeting hall 5 persons of maximum load occupancy Y
Paint ball facility, outdoor 2,000 sf of activity area Y
Park or playground, not otherwise None N
listed in this table
Place of worship 4 seats or per 6 linear feet of bench seating Y
in the portion of the building to be used for
services or the largest assembly room,
whichever is greater
Recreation, indoor—Bowling alley 0.5 Lane Y
Recreation, indoor—Ice skating or roller 200 sf of skating area Y
skating rink •
Recreation, indoor or outdoor— 0.5 court Y
Basketball courts
Recreation, indoor or outdoor—Batting 0.5 cage Y
cages
Recreation, indoor or outdoor— 500 sf of skating area Y
Skateboarding course
Recreation, indoor or outdoor— 75 sf of water area Y
Swimming pools
Recreation, indoor or outdoor—Tennis 0.75 court Y
or other racquet courts
Recreation, outdoor—Athletic fields 2,000 sf field area Y
Recreation, outdoor—Golf driving 0.75 tee Y
ranges
Recreation, indoor, not otherwise listed 500 sf of activity area Y
61
in this table
Recreation, outdoor, not otherwise 1,000 sf of activity area Y
listed in this table
Sports stadium, arena, or coliseum 5 seats Y
Theater, movie or performing arts 5 seats N
Zoo 2,500 sf of display area Y
Public, Institutional or Community Facilities
Aquarium or planetarium 2,000 sf net floor area Y
Artist studio 1,000 sf net floor area Y
Cemetery None N
Community food operation 1,000 sf net floor area N
Community garden None V
Day care center, adult 8 persons at permitted by max occupancy Y
Day care center, child 8 children at permitted by max occupancy V
Day care home, child Not applicable N
Educational facilities, business school 4 students V
or nonindustrial school
Educational facilities, 4 full-time equivalent students Y
college/university
Educational facilities, elementary 0.5 classroom Y
Educational facilities, middle 0.5 classroom Y
Educational facilities, secondary 7 students V
Educational facilities, industrial trade 5 students Y
school
Educational facilities, school for the 300 sf Y
arts
Fire, police, or emergency services 500 sf N
Government facility—Jail 20 inmate capacity N
Government offices or other 300 sf net floor area Y
'government facility, not otherwise
listed in this table
Hospital 500 sf net floor area Y
Library 500 sf net floor area V
Military reserve or National Guard 600 sf net floor area Y
center
Museum 1,000 sf net floor area Y
Post office 400 sf net floor area Y
Supply pantry 500 sf net floor area Y
Training facility for police, fire,or 600 sf net floor area Y
emergency services
Transportation Uses and Structures
62
Airport None N
Airport-related commercial and 300 sf net floor area N
personal service uses
Bus maintenance, including repair and 2,000 sf building area N
storage
Bus passenger terminal or station None Y
Limousine service 300 sf net floor area of office N
Motor freight terminal or truck terminal 5,000 sf up to 50,000 sf of building area, MN
then 1 space for every 10,000 of remaining
building area
Railroad freight yard, repair shop, and 5,000 sf up to 50,000 sf of building area, N
marshalling yard then 1 space for every 10,000 sf of building
area
Railroad passenger station None Y
Taxicab business 300 sf net floor area of office N
Utility Uses and Structures
Broadcasting studio or station 300 sf net floor area Y
Broadcasting tower None N _
Hazardous materials facility 300 sf office area N
Utility distribution or collection, Basic None N
Utility distribution or collection, None N
Transitional
Utility generation or treatment 300 sf office area N
Utility maintenance and service facility 300 sf office area N
Wireless telecommunications facility None N
Agriculture
Agricultural operations None N
Animal shelter 500 sf net floor area Y
Stable, commercial 4 stalls Y
Wildlife rescue shelter or refuge area 500 sf net floor area of office Y
se' means the net floor area in square feet for the principal structure, or use if the use
occupies only part of a structure, unless otherwise noted in the table.
"Y" means the maximum parking regulations set forth in Section 36.2-653 shall apply.
"N" means the maximum parking regulations shall not apply.
• * *
Sec. 36.2-653. Maximum ^o..-street parking.
Sec. 36.2-654. Off-street SParking and loadingarea standards.
63
* • •
(a) General standards. Off-street pParking and loading areas shall be
subject to the following general requirements:
(4) Off-street Parking and loading-areas shall be so designed as not to
require or permit maneuvering to and from a street to access or exit an
off street parking space, except for single-family detached, single-
family attached, and two-family dwellings, town houses with individual
driveways, and multifamily dwellings with less than four dwelling units
on a parcel where maneuvering to and from a street shall be permitted.
•
permitted.
(5) For lots under common ownership or an otherwise agreed to unified
development, the joint use of driveways, frontage roads, and parking
areas for nonresidential uses may be required by the Zoning
Administrator along collector and arterial streets. "Joint use means a
cross-access easement or other enforceable restriction that provides
access between abutting properties.
* * •
(b) Construction and location standards. Off street pParking and loading
areas shall comply with the fellewiag construction standards listed
below and as shown in Table 654.1:
(1) All o..-streetpParking areas and loading areas shall be graded for
drainage and have an improved surfaced surface, except where an
alternative surface is permitted in Table 654-1. Improved surface shall
mean with-concrete, asphalt, bituminous pavement, brick or stone
pavers, or a permeable paver systems:
•
64
11) Where a gravel or a similar surface is permitted in Table 654-1, the
zoning administrator may require a development plan including
satisfactory specifications for a sub-base and the size, tamping, and
containment of gravel and documentation that dust will not be
generated in an amount in excess of that which would be generated by
a paved surface or permeable paver system prior to approval.
(23) . . - - - .._ , -- _Parking
areas and loading areas shall be bordered by a curb of concrete,
asphalt, or other material acceptable to the Zoning Administrator, as
indicated in Table 654-1. Curbing shall not be required if the applicant
incorporates low-impact stormwater design practices consistent with
the United States Environmental Protection Agency, Low-Impact
Development Design Strategies: An Integrated Design Approach (June
1999) and Low-Impact Development Hydrologic Low-Impact
Development Hydrologic Analysis (July 1999).
(34) When a curb is not provided pursuant to item 3 above, wheel or bumper
guards shall be provided, located, and arranged so that no part of any
parked motor vehicle will extend beyond the boundaries of the parking
area and so that they preclude motor vehicles from driving onto
landscaped areas.
15) In the Neighborhood Design Overlay District (ND), no parking spaces,
if provided, shall be permitted between the right-of-way of a street
and the principal building. In the case of a corner lot, this regulation
shall only apply to the street frontage containing the primary building
facade.
(6) In any PUD district, the parking and loading area standards will be
established on the development plan.
Table 654-1. Parking and Loading Area Standards
65
Standards for single-family dwellings, Standards for all other uses and zoning
two-family dwellings,multifamily districts
dwellings and townhouses with up to
four dwelling units in a single structure
on a single parcel, and townhouses with
individual driveways regardless of
district
Material Standards
MI parking areas, Droved surface required Improved surface required
and loading areas
driveways and No curbing required Curbing around all loading areas and all
loading spaces parking areas with seven or more
excluding parking spaces, including any interior islands
structures
Exceptions: Exceptions:
Concrete runners with vegetated center Gravel permitted: I)behind building
and edge strips (ribbon driveway) line where access is off an alley, 2)fleet
storage,commercial vehicle storage or
Gravel permitted behind building line 3)any area in an ROS District.
where access is off an alley
Curb not required where LID approach
Gravel permitted for all parking and is used for stormwater management
loading areas in RA district
Parking structures Exterior driveways as above. Interior Exterior driveways as above. Interior
and garages construction in accordance with the construction in accordance with the
Uniform Statewide Building Code. Uniform Statewide Buildin• Code.
Location Standards:
Driveway/Parking Predominantly located toward one(I) Parking area prohibited between right-
Area location side of the principal structure. Parking of-way and principal buildings
Relative to Principal spaces shall not be located within the
Structures middle third of the front facade, Exception:
exclusive of garages.
Lots in CG district with less than 100
Exception: feet of frontage, and CLS, I-1,1-2, AD
districts
Circular driveways
Townhouses as required by Section
36.2-431
Minimum distance 20 feet 40 feet
between driveway
entrance/exit and a
street intersection i
66
Standards for single-family dwellings, Standards for all other uses and zoning
two-family dwellings.multifamily districts
dwellings and townhouses with up to
four dwelling units in a single structure
on a single parcel,and townhouses with
individual driveways regardless of
district
Setbacks,Any 5 feet 5 feet
property line
abutting a street Exception:
• Not applicable for single family
dwellings, two-family dwellings and
townhouses with individual driveways
Dimensional Standards
Front yard 130 percent of the lot area between the I No maximum
coverage: right-of-way and the building line
Maximum area of
driveways and
parking areas in
established front
yard
Width: Cumulative Cumulative width of driveway Cumulative width of driveway
width of all entrances shall not exceed 30 percent of entrances shall not exceed 30 percent of
driveway entrances the lot frontage. the lot frontage.
at frontage
Exception: Exception
IC feet minimum width for all lots 1$ feet minimum width for all lots
Width:Minimum 10 feet R-12,R-7, R-5,R-3,R-A, RM-1
individual driveway
width(applies Exception: One way: 10 feet
between rlghbof- Two way: 18 feet
way and building Actual paved width of driveway may be
line) reduced to 8.5 feet for solid paving and RM-2.RMF,all multiple purpose
7 feet for ribbon driveways(width districts
considered 10 feet for purpose of
calculations) One way: 12 feet
Two way: 15 feet
Industrial districts
One way: 12 feet
Two Way: 18 feet
67
Standards for single-family dwellings, Standards for all other uses and zoning
two-family dwellings,multifamily districts
dwellings and townhouses with up to
four dwelling units in a single structure
on a single parcel, and townhouses with
individual driveways regardless of
district
Width:Maximum 20 feet or half of the front lot line R-12.R-7,R-5.R-3,R-A, RM-1
individual driveway leg h,whichever is less
width(anolies One way: 12 feet
between ri he t-of- Two way: 24 feet
way and building
line) RM-2,RMF,all multiple purpose
districts
One way: 15 feet
Two way: 24 feet
Industrial districts
One way: 18 feet
Two Way:30 feet
Maximum cross 2 percent 2 percent
slope where a
driveway crosses a
sidewalk
Operational Standards
Pedestrian access I No No
required per 36.2-
654(c) Exception:
Requirement applies to CG and CLS
Districts
Unobstructed access I Yes Yes
from parking spaces
to driveway/drive Exception:
aisle Does not apply to single family
dwellings
Parking Space 9' x IS' area for each required parking Table 654-2 for required parking
Dimensional space provided,
Standards adequate maneuvering space from Exception:
parking space to driveway/drive aisle Parkins structures
Exception:
Garages
Special provisions for corner and through lots. (Provisions apply to all frontages unless otherwise listed i.
below.)
68
Standards for single-family dwellings, I Standards for all other uses and zoning
two-family dwellings multifamily districts
dwellings and townhouses with up to
four dwelling units in a single structure
on a single parcel,and townhouses with
individual driveways regardless of
district
Corner lots Material: gravel permitted behind Material:Gravel permitted behind
building line of the facade with the building line of two frontages when
principal entrance and one intersecting access is from an alley.
street/building line when access is from
an alley Location: standards apply to all
frontages with the exception of parking
Location:driveway/parking area between a building and the right-of-
location relative to principal structures way. This requirement applies as
requirement applies only to the facade follows:
of the principal structure containing the
principal entrance to the building and CN,CO.D. UF, IN,and MX districts:
one intersecting frontage. The location applies to both frontages where the
of parking spaces shall be located maximum front yard is met.
predominantly to the side of the
combined intersecting facades. All residential districts: applies to one
front yard, where maximum front yards
Dimensional: apply: standard shall apply to one of the
Width standards apply to all frontages. front yards where the maximum front
Lot coverage standards apply to yard is met.
frontage of principal entrance and one
intersecting frontage Dimensional:
Apply to all frontages.
Through lots Location: standards apply to all Location: Standards apply to all
frontages with the exception of location frontages with the exception of parking
relative to prrincipal structures. This between principal structures and the
requirement applies only to the frontage right-of-way. This provision applies
of the structure with the primary only to one frontage and shall be the
entrance frontage where the maximum front yard
is met where maximum front yards
Dimensional standards: minimum and apply.
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.
• • •
69
t.. [m et: . .
Yrap2'.1)"" "�
frontage, no off street parking spaces shall be permitted "etween the
(d) Maximum driveway widths as set forth in Table 654-1 may be exceeded
in accordance with the following provisions:
(1) In any district that has a maximum width of thirty (30) feet for a two-
way driveway, the maximum width of a driveway with a center median
shall be forty-five (45) feet, provided the center median is a minimum
width of five (5) feet and is covered with grass or other vegetative
groundcover.
70
(2) The Zoning Administrator may approve, in writing, an increase in the
width of a driveway based on the following criteria.
(A) Such increase in the width of a driveway shall be permitted only
upon the same lot as the principal use which the
driveway is intended to serve;
(B) The permitted increase in maximum width of a driveway shall
be limited to the required width as clearly demonstrated by the
applicant as set forth in subsection (C) below; and
IC) The approval of such increase in the width of a driveway shall
be based on findings related to the configuration and width of
the street being accessed, the turning radii of motor vehicles
used due to the operational nature of the use as demonstrated
through vehicle wheel path templates, and frequency of such
use. Documentation shall be provided by the applicant in a
form acceptable to the Zoning Administrator.
(3) For lots containing single family dwellings 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.
(A) In no case shall the width of the flare be greater than the width
of the garage entrance plus two feet'
(B) The length of the flare shall be the minimum of the width of
the garage entrance and the distance between the driveway and
the right-of-wart and
_ (C) The flare shall be an even taper and/or curve between the
main portion of the driveway and the garage entrance.
(e) Parking space and aisle dimensional standards. ff
O r
pRarking areas for the provision of the minimum number of
required off-street parking spaces shall be subject to the
requirements for size of parking spaces, aisle dimensions, and
wheel curb offsets as set forth in Table 654-42. Parking
structures shall be exempt from the dimensional standards set
forth in Table 654-42.
71
a
Table 654-42. Off Street Parking Dimensions
(Minimum Values in Feet)
A Wheel curb offset
90 2'head in
4'back in PrilliP
ASS
•tIlDfr* B
G �4 F •
•
► .
Off-Street Parking Dimensions
A 8 C D E F G
0° 8'6" 8.5 12.0 23.0 29.0 -
9'0" 9.0 12.0 23.0 30.0
9.5 12.0 23.0 31.0 -
10'0" 10.0 12.0 23.0 32.0 -
20° 8'6" 14.5 11.0 24.9 40.0 32.0
15.0 11.0 26.3 41.0 32.5
15.5 11.0 27.8 42.0 33.1
10'0" 15.9 11.0 29.2 42.8 33.4
30° 8'6" 16.9 11.0 17.0 44.8 37.4
17.3 11.0 18.0 45.6 37.8
17.8 11.0 19.0 46.6 38.4
10'0" 18.2 11.0 20.0 47.4 38.7
45 8'6" 19.4 13.5 12.0 52.3 46.5
19.8 13.0 12.7 52.5 46.5
20.1 13.0 13.4 53.3 46.5
100" 20.5 13.0 14.1 54.0 46.9
72
•.
ID- 86" 20.7 18.5 9.8 59.9 55.6
9'0" 21.0 18.0 10.4 60.0 55.5
96" 21.2 18.0 11.0 60.4 55.6
10'0" 21.5 18.0 11.5 61.0 56.0
70 8'6" 20.8 19.5 9.0 61.1 58.2
21.0 19.0 9.6 61.0 57.9
9'6" 21.2 18.5 110.1 60.9 57.7
10'0" 21.2 18.0 10.6 60.4 57.0
80° 86" 20.2 24.0 8.6 64.4 62.9
9'0" 20.3 24.0 9.1 64.3 62.7
20.4 24.0 9.6 64.4 62.7
10'0" 20.5 24.0 10.2 65.0 633
90° 8'6" 19.0 25.0 8.5 63.0 -
9'0" 18.0 24.0 9.0 60.0 -
9'6" 18.0 24.0 9.5 60.0 -
10'0" 18.0 24.0 10.0 60.0 -
Key for Table 65442:
A - Parking Angle
B - Stall Width
C - Stall to Curb
D - Aisle Width
E - Curb Length Per Car
F-G - Total Width of a Double-Loaded Aisle
73
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76
It * r* fttu,
DIVISION 6. SIGNS.
Sec. 36.2-661. Applicability.
(c) Exemptions.
• * *
09) A single sandwich board or "A" frame sign per storefront in multiple
purpose districts.
Sec. 36.2-662. Definitions.
i t *
Electronic readerboard: A computer generated sign which displays messages
with letters, pictographic, or symbolic informational content which can be changed or
altered on a fixed display screen by electrically illuminated segments. A sign that
contains only a static electronic display of numerals, such as gas prices, shall not be
classified as an electronic readerboard.
* ♦ *
Projecting sign: A sign which is attached to, supported by, and extending more than
twelve (12) inches from a building face or wall, in whole or in part, ataninety490)
Such sign shall extend no more than six (6) feet from the building to which it is
affixed. An awning, canopy, or marquee sign shall not be considered a projecting sign.
Public service announcement: a message intended to raise awareness or provide
information on an issue of a noncommercial nature to the public. Such issues may
include health warnings or advisories, safety messages , or educational information.
• * •
Sec. 36.2-668. On-premises signs, generally.
The types, number and size of on-premises signs by zoning district shall be
permitted as set forth in Table 668-1.
78
Table 668-1. Type, Number, and Size of On-Premises Signs
District Type Maximum Maximum Maximum Maximum Permitted
Permitted Number of Sign Area Individual Height Characteristics
Signs Sign Face
Area
RA, R- None Not Not Not Not Not Applicable
12, R- Applicable Applicable Applicable Applicable
7' R-3' None Not Not Not Not Not Applicable
RM-1 Applicable Applicable Applicable Applicable
RM-2, Freestanding 1 per lot 25 sf 25 sf 6 ft Identification
RMF frontage sign only
Building- 1 per lot 25 sf 25 sf n/a
mounted frontage
MX, CN,''Freestanding 1 per 0.55f per If 32 sf 6 ft Illuminated
IN, frontage of lot
ROS, frontage Changeable
OF Building- 4-per 32 sf plus 0.5 32-st None n/a copy
mounted building-face sf per If of
or ctoretsen4 building face
None or storefront
over 32 if,
plus
additional
area per Sec.
36.2-677
CG Freestanding 1 per 1 sf per If of 11500 sf 25 ft Illuminated
frontage lot frontage Changeable
Building- 4-per 32 sf plus 1 sf None n/a copy
mounted building-face per if of Electronic
o. rofro R building face readerboard
�
None or storefront
over 32 If,
plus
additional
area per Sec.
36.2-677
Upper-story 4-per 2,%/0%of 3004 None n/a Illuminated
building taco facade area,
None maximum
300 sf
CLS Freestanding 1 per 200 1 sf per if of 150 sf 25 ft Illuminated
linear feet of lot frontage Changeable
lot frontage copy
up to 4 signs Electronic
readerboard
Building- 4-per 32 sf plus 1 sf None n/a r Illuminated
mounted per if of Changeable
or cterefre,E building face copy
79
•
None or storefront Electronic
over 321f, readerboard
plus
additional
area per Sec.
36.2-677
Upper-story 4-per 2%10%of 300-4 None n/a Illuminated
building face facade area,
None maximum
300 sf
D Freestanding 1 per 0.5 sf per If 32 sf 6 ft Illuminated
frontage of lot Changeable
frontage copy
Public service
message board
Building- 4-per 32 sf plus 1 sf None n/a Illuminated
mounted building-face per If of Changeable
ecsteretrent building face copy
None or storefront
over 32 If,
plus
additional
area per Sec.
36.2-677
Upper-story 4-per 241096 of 300-sf None n/a Illuminated
bo lding face facade area,
None maximum
300 sf
Sandwich .i-per 4-0-sf 10 sf and 2.5 n4.a changeable
beard storefront ft-maximum copy
None width
I-1, 1-2, Freestanding 1 per 0.5 sf per If 125 sf 16 ft Illuminated
AD frontage of lot
frontage Changeable
Building- 4-per 32 sf plus 1 sf None 'n/a copy
mounted building face per If of
esterefrent building face Readerboard
c
None or storefront
over 32 If,
plus
additional
area per Sec.
36.2-677
MXRUD Determined Determined Determined Determined Determined Illuminated
by-MXPUD by-MXPUD by-MXPUD by-MXRUO by-MXPUD
Development Development Development Development Development
plan plan plan plan fAaw
MXPUD, As specified by the PUD development plan, or some as CG when not specified by plan.
INPUD,
IPUD
80
t.
1NP4:104 €reestandieg '4 per I^t 0.5 sf per if 6 4 - 44-ft Illuminated
WHB fmrf-ge o -tet Changeable
None frontage eepy
r....tree:^
Building 4-per 322 fpItt 1-sf Nene RJd
mounted building-face per 1.4 reader9ear6
ecsteerefrent building-face
None
^
�
,aa 4f� ..^
4--per 2%of facade 300 sf ete
building-face area
None
"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.
(b) Electronic readerboard signs shall be subject to these requirements:
(1) The electronic readerboard shall abut or connect with a static sign face.
Sec. 36.2-671. Building-mounted signs.
In addition to the regulations set forth in Table 668-1 and Table 669-1, on-
premises building-mounted signs shall be subject to the following standards:
(ba) No building-mounted sign, except for a projecting sign, shall cover,
cross, or otherwise hide any cornice, column, belt course, window, or
balcony of a building, or any portion of such feature.
(eb) Window signs shall NA-exceed be permitted at up to fifty (50) percent
of the window area to which they are applied or attached, from which
they are suspended, or through which they are displayed and shall not
be counted towards building mounted sign area. Window signs
exceeding fifty(50) percent of the window area to which they are
applied or attached, from which they are suspended, or through which
they are displayed are prohibited.
81
•w
(dc) No part of any awning or canopy containing a sign shall extend above
the height of the bottom sill of any second story window of the building
facade to which it is attached. All lettering and images comprising any
portion of an awning or canopy sign shall be located on the face of the
awning or canopy and shall not project above or below the face or in
any way beyond the physical dimensions of the awning or canopy.
Sec. 36.2-672. Upper story wall signs.
• + +
...d fa.a of♦he 6 ding; and
• + #
Sec. 36.2- 677. Allocation of permitted sign area.
Permitted sign area for freestanding signs that is not used on a lot may be allocated
to increase the permitted sign area for building-mounted signs on the some lot. Such
request for allocation of sign area shall be made in writing to the zoning
administrator and shall include the existing area of freestanding and building
mounted signs and identify the quantity of sign area to be allocated. Approval of sign
allocation shall be made by the zoning administrator in writing.
ARTICLE 7. NONCONFORMING USES, STRUCTURES, AND LOTS
Sec. 36.2-705. Nonconforming uses.
(c) Nonconforming uses '• . • -
R 5, R 3, RM 1, RM 2, and MX may be expanded with the approval of
the Board of Zoning Appeals, subject to the following provisions:
* + *
(3) Any increase in volume, area, or extent of nonconforming use shall not
exceed an aggregate of - • ' - -- - • • - - ' --
'.. E ...y^�•^'ng-v-.,e.fifteen (15)percent of the existing nonconforming
82
f
use in the R-12, R-7, R-5, R-3, RM-1, RM-2, and MX zoning districts or
twenty-five (25)percent of the existing nonconforming use in other
zoning districts.
• • •
Appendix A. Definitions.
• * +
Civic space: A public space located between a street and building that serves as a
gathering space.
• *
Dwelling: A building, or portion thereof, designed to be used for continuous, year-
round residential purposes, containing one (1) or more independent housekeeping
units and including the following specific types:
+
* •
(4) Dwelling, Multifamily: A building, or-portion thereef,a portion of a
building, or multiple buildings on a single lot, designed for the
permanent occupancy of three (3) or more families, regardless of the
method of ownership, with the number of families in residence not
exceeding the number of dwelling units provided.
• + •
Internet sales establishment: A retail sales establishment that solely operates
through on-line, mail order, or similar customer interaction. There is no store front
for the purchase of goods or other means of direct pick-up of products by customers
at the facility.
Loading area: An area provided for bulk pickups, deliveries, and refuse collection,
including any related aisle, loading spaces, ingress and egress lanes, and driveways
but not including any part of a public right-of-way or public street.
Primary entrance: An entrance designed as the principal entrance to a building, or
one of multiple principal entrances to a building, when more than one such entrance
is present. The primary entrance is an easily recognizable entrance located on the
primary building facade that is accessible to all users of the building including but not
limited to employees, residents, members, and patrons during regular business hours.
83
•
Primary street frontage: The lot frontage toward which the development on a lot is
generally oriented.
• * «
Resident manager apartment: A single dwelling unit located it-NR the ct re of a
'• -- ••• -• - -- - - - which is accessory and subordinate
to the principal permitted use and which is designated for use only by the resident
manager or security personnel of such principal permitted use. Such dwelling unit shall
not be sold, leased, or rented for other purposes.
laelevA
84
Street
Edcje of pavement
Vertex
worry
(1) I "! "
(11 1 Tr; f,
L I � o
GO 10'
IG
1'=
IL
I�
afthWfafif
85
neciresidential-dfivewaysT
Street Street
•
(rs•__ �y_ is— �io•
mangle Tangle
_ Sigh Sigh
Mangle Triangle
Sight distance triangle: A sight distance triangle shall mean a triangular area
illustrated by dashed lines in the diagram below:
86
- I£- ; f- i ;n-11 '
•
•- -=
• +. Q iI
H rug i� �
o
SITE DISTANCETRIANGLES
Street: Any public way (or private way as may be applicable in a PUD or an established
private way upon which a lot or tots have frontage) for vehicular and pedestrian traffic
which provides the primary means of access to lots.
Structure: Anything which is constructed or erected with a fixed location on the
ground, or attached to something having a fixed location on the ground, including
buildings, walls, fences, signs, manufactured homes, and swimming pools (in-ground
and above-ground)v, patios, parking areas and loading areas. Constructed or
erected with a fixed location shall mean an item that is stationary and that cannot be
readily moved without special equipment.
Transparency, facade: Portion of a building facade constructed of a transparent
material.
Transparent material: Material capable of transmitting light so that objects or images
can be seen as if there were no intervening material.
*
87
•
Yard. established front: A yard provided between a front lot line and a either the
building line or the facade of a building that faces the front lot line.
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
88
I` CITY COUNCIL AGENDA REPORT
r
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Amendments to Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Thursday, July 19, 2012. By
a vote of 7 - 0, the Commission recommended approval of the rezoning
request.
Background
The City of Roanoke adopted the current zoning ordinance in December 2005.
Since adoption, planning staff has developed periodic amendments to ensure
the ordinance remains a relevant tool to implementing the City's
comprehensive plan. Amendments also address issues that arise with
experience and ensure the ordinance produces intended outcomes in
development.
The content of these amendments can be broken into four general categories:
1. Address development of corner lots in certain multiple purpose districts
at the direction of City Council.
2. Replacement of current requirements for buffering, screening and
parking area landscaping and replacement with a new approach based on
actual activity /use occurring on a property.
3. Replacement of the current parking area construction standards with a
table and amendment of certain parking requirements.
4. Other general revisions to address issues that have been identified since
the last text amendments.
These include substantive changes as noted in the attached summary of the
text amendments and are described in the full copy of the amendments that are
enclosed as well.
Planning Commission Public Hearing Discussion
The Planning Commission discussed comments presented from a citizen at the
hearing and presented to staff in discussions with that citizen prior to the
public hearing. These comments were related to allowing a workshop as a
permitted use by -right in the CN District (currently a use permitted by special
exception) and the definition of an Internet Sales Establishment.
Based on the comments, the Planning Commission amended the proposed text
amendments to revise the definition of an Internet Sales Establishment as
follows:
Internet sales establishment: A retail sales establishment that solely operates
through on -line, mail order, or similar customer interaction. There is no store
front for the purchase of goods or other means of direct pick -up of products by
customers at the facility.
aid ware'tcr���
The commission did not revise the proposed amendment regarding permitting
a Workshop as a use by -right in the CN District.
Katz, Chair
Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Timothy R. Spencer, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Summary of Zoning Amendments
ROANOKE July 2012
Article 2. Zoning Districts
Table 205 -1, Permitted Yard Encroachments, to allow refuse containers in public
parks and certain utility cabinets to encroach into required yards and to clarify
such table.
2. Sec. 36.2- 205(f), Front yards, to add a table specifying how maximum front yards
are determined in certain developments and to delete a requirement pertaining to
the facade of a principal structure in a front yard in a certain setting.
3. Sec. 36.2 -205 (i), Yards — Corner lots and through lots, to provide that front yards
for corner lots and through lots in certain districts shall be determined based on
the classification of adjoining streets.
Article 3. Regulations for Specific Zoning Districts
Division 1. Residential Districts
4. Sec. 63.2 -311, Use table for residential districts; and Sec. 36.2 -327, Use table for
planned unit development districts, to place certain supplemental regulations on
community gardens in residential districts and planned unit development districts.
Division 2. Multiple Purpose Districts
5. Sec. 36.2 -315 Use table for multiple purpose districts, to make laboratory, dental,
medical, or optical, uses permitted in the MX district; to make laboratory, testing
and research uses permitted in the CG, CLS, D, and OF districts, to make
internet sales establishments permitted uses in the MX, CN, CG, CLS, D, and OF
districts, to make workshops permitted uses in the CN, D, and OF districts, and
subject to supplemental regulations, to make warehouses a permitted use in the
OF district; to make entertainment establishments, not abutting a residential
district permitted uses in the CN district, to make artist studios permitted uses in
the MX district; to make educational facilities, business school or nonindustrial
trade schools permitted uses in the MX district; to make Educational facilities,
industrial trade schools permitted uses in the CLS district, to make educational
facilities, schools for the arts permitted uses in the MX district; to make
broadcasting studios or stations permitted uses in the MX district; and to make
outdoor storage an accessory use by special exception in the CG and CLS
districts.
6. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to make
certain front yard requirements for infill development apply to the MX district, to
amend maximum height requirements in the CG, CLS, D, and OF districts; to
amend minimum fagade transparency requirements for ground floors and to add
standards for upper floors.
7. Sec. 36.2 -317, Civic space yard option, to amend elements pertaining to
accessibility, open space, seating and landscaping in a civic space.
8. Sec. 36.2 -319, Facade treatment, to delete the section and replace it with a new
section entitled Building placement and fagade transparency standards for
multipurpose districts, with such new section specifying the frontages on which
the maximum yard shall be met, the amount of ground floor and upper floor
transparency required on certain facades facing streets, how the primary street
frontage is determined, how the percentage of fagade transparency is calculated,
the location of the primary entrance, and the arrangement of transparency on the
primary street frontage.
Division 3. Industrial Districts
9. Sec. 36.2 -322, Use table for industrial districts, to make internet sales
establishments, health and fitness centers, and agricultural operations permitted
uses in industrial districts.
10. Sec. 36.2 -323, Dimensional regulations for industrial districts, to delete the
maximum front yard requirement, and amend the maximum height regulations in
industrial districts.
Division 4. Planned Unit Development Districts
11. Sec. 36.2 -328, Dimensional regulations for planned unit development districts, to
delete the minimum size of an INPUD district.
Division 5. Overlay Districts
12. Sec. 36.2 -332, Neighborhood Design Overlay District, in a Neighborhood design
District, to establish special foundation height standards for dwellings that are
designed to meet accessibility requirements, to reduce the required minimum
width of a sidewalk between the front porch and the street from 4 feet to 3 feet; to
permit a detached garage next to a dwelling; to permit garage bay doors to face
a street; to limit the width of an attached garage to 33 percent of the overall width
of the dwelling; and to provide for construction of a porch, or an addition with a
porch, on the front of a dwelling that has no porch.
Article 4. Supplemental Regulations
13. Sec. 36.2 -403, Accessory uses and structures, to amend regulations related to
location and screening of refuse dumpster enclosures, and to delete buffer yard
requirements for recycling collection points and portable storage containers.
14. Sec. 36.2 -404, Adult Uses, to provide a new definition for an adult entertainment
establishment and to include such use in the definition of adult use.
15. Sec. 36.2 -404, Car wash, to delete the buffer yard requirements for a car wash
and to prohibit discharge of wash water to the ground or to a storm drain system.
16. Sec. 36.2 -407, Commercial motor vehicle sales and service new or used to
delete a buffer yard requirement.
17. Sec. 36.2 - 407.1, Community gardens, to create a new section establishing
standards for community gardens, such standards relating to maximum lot area,
the location and maximum size of structures, a limitation on the number and size
of identification signs, limits on the height and shielding of lighting, and allowing
up to four public events to be held each 12 months at such community gardens.
18. Sec. 36.2 -410, Fences walls arbors and trellises, amending the maximum
height of such structures in a sight distance triangle to 36 inches; limiting the use
of barbed wire and razor wire to certain districts, and specifying conditions under
which barbed wire is permitted.
19. Sec. 36.2 -411, Gasoline stations; Sec. 36.2 -412, Group care facilities, Sec. 36.2-
414, Junkyards wrecker yards and recycling centers; Sec. 36.2 -415, Mini -
warehouses; Sec. 36.2 -418, Motor vehicle or trailer painting and body repair
Sec. 36.2 -420, Motor vehicle sales and service establishment new Sec. 36.2-
421 Motor vehicle sales and service establishment used, Sec. 36.2 -423,
Outdoor storage, Sec. 36.2 -430, Towing services, Sec. 36.2 -432 Wireless
telecommunications facilities and broadcasting towers, and Sec. 36.2 -610,
Utilities, are amended to delete the buffer requirements set forth therein.
20. Sec. 36.2 -429, Temporary uses, to amend the maximum duration of any permit
for portable storage containers each calendar year.
21. Sec 36.2 -430, Towing services, deleting a requirement that storage areas for
damaged or inoperable vehicles or trailers be screened from view.
22. Sec. 36.2 -431, Townhouses and rowhouses, to specify applicability of the
standards of the section to residential and multiple purpose districts, to delete
minimum lot size and frontage, permitted density, yard depths, building
separation, and usable open space requirements; and to specify that density, lot
size, and frontage are subject to the dimensional regulations of the district, and
that such dimensional regulations apply to the development site rather than
individual unit lots.
23. Sec. 36.2 -433, Workshops, to establish a new section providing supplemental
regulations for workshops, such regulations limiting the maximum gross floor
area of the workshop and requiring that certain activities be within a fully
enclosed building.
Article 5. Procedures
Division 5. Development Plans
24. Sec. 36.2 -551, Development plans generally, to authorize the zoning
administrator to waive the requirement to combine lots under certain
circumstances.
25. Sec. 36.2 -552, Basic development plans, to add community gardens creating
less than 2000 square feet of impervious area and certain projects meeting other
criteria as eligible for submittal of a basic development plan, and to authorize the
zoning administrator to waive certain submittal requirements when such
information is not needed to determine compliance with City codes.
26. Sec. 36.2 -553, Comprehensive development plans, authorizing the zoning
administrator to waive certain submittal requirements when such information is
not needed to determine compliance with City codes.
Division 6. Special Exceptions, variances, and Appeals
27. Sec. 36.2 -560, Special exceptions, to provide for posting a sign on property to
give notice of a public hearing for a special exception;
Article 6. Development Standards
Division 2. Outdoor Lighting
28. Sec. 36.2 -622, Exempt lighting, to add emergency lighting and flood lights on
certain types of residential dwellings to the types of lighting exempt from the
outdoor lighting requirements.
Division 4. Landscaping and Screening
29. Table 642 -1, Trees Approved Plant List Minimum Size at Planting 20 -Year
Canopy, and Suitability, to add Cedar, Eastern Red as suitable for providing
required tree canopy.
30. Sec. 36.2 -647, Buffer yards; Table 647.1, Buffer Yard Categories: Minimum
Width and Required Planting and Screening Materials; Table 647.2, Required
Buffer Yards; Secs. 36.2 -348, Parking area landscaping; and 36.2 -349,
Screening of specific uses and facilities, to delete these tables and sections and
replace them with new Sec. 36.2 -647, Buffering and screening; Table 647 -1,
Buffering and Screening of Certain Uses and Activities; Sec. 36.2 -348, Parkin
area landscaping; Table 648 -1, Parking Area Landscaping Standards, Sec. 36.2-
349, Standards for buffering screening and parking area landscaping materials;
and Table 649 -1, Buffering Screening and Landscaping Materials, such new
tables and sections providing for buffering, screening and landscaping of certain
uses and activities, and the material to be used for such buffering, screening and
landscaping.
Division 5. Off - Street Packing and Loading
31. Sec. 36.2 -652, Minimum off - street parking; Table 652 -2, Required Off- Street
Parking Spaces, and Sec. 36.2 -654, Off street parking; to amend the titles of the
sections, to specify loading areas are subject to requirements; to exempt certain
townhouse and multifamily dwellings from the prohibition on maneuvering directly
between a parking space and a street; to provide for use of gravel surface in
certain circumstances; to specify where parking and loading areas shall be
bordered by curbing; to permit parking areas in the ADD overlay district to be
located between the right -of -way and the building line, to specify that parking
standards in PUD districts are to be established on the development plan; to
create a new Table 654 -1, Parking and Loading Area Standards; to establish
standards for materials, location, dimensions, and operations of parking areas,
and to establish special provisions for parking areas located on corner and
through lots; to delete subsection (d) and (f) of Sec. 36.2 -654, pertaining to
location standards for off - street parking and driveway standards, and Table 654-
2, Driveway Widths Except for Lots Containing Single Family Detached
Dwellings; and to establish a new subsection (d) of Sec. 36.2 -654, providing for
the zoning administrator to authorize maximum driveway widths to be exceeded
under certain circumstances.
32. Sec. 36.2 -655, Off - street loading, to delete the section in its entirety.
Article 6. Signs
33. Sec. 36.2 -661, Applicability, to add a single sandwich board sign in a multiple
purpose district as an exempt sign.
34. Sec. 36.2 -662, Definitions, to amend the definitions of electronic readerboard to
allow static electronic display of numerals, and projecting sign to allow such signs
to be displayed at an angle other than 90 degrees, and to add a definition of a
public service announcement.
35. Table 668 -1, Type Number and Size of On- Premises Signs, to remove the
limitation on the number of building mounted signs and upper story wall signs, to
amend the maximum individual sign area permitted, and to add that signage
regulations are to be specified by a PUD development plan, or are the same as
for the CG district when not specified by a PUD development plan.
36. Sec. 36.2 -669, Changeable copy signs and electronic readerboard signs, to allow
that such signs be connected to a static sign face.
37. Sec. 36.2 -671, Building- mounted signs, to remove the requirement that building
mounted signs face a parking area or street, to require a permit for window signs
up to 50 percent of a window area; and to prohibit window signs greater than 50
percent of a window area.
38. Sec. 36.2 -672, Upper story wall signs, to delete sections (c) and (d) related to
number and location of upper story wall signs and maximum size of upper story
wall signs; and to add a new Sec. 36.2- 677, Allocation of permitted sign area, to
allow unused allotment of freestanding sign area for building mounted sign area.
Article 7. Nonconforming Uses, Structures, and Lots
39. Sec. 36.2 -705, Nonconforming uses, to provide for expansion of existing
nonconforming uses in certain districts with the issuance of a special exception
by the board of zoning appeals under certain circumstances, and to reduce the
maximum extent of such expansion, and
Appendix A. Definitions
40. Sec. 36.2 Appendix A, Definitions, to add a definition of civic space; to amend the
definition of dwelling, multifamily to include multiple buildings on a single lot, to
define internet sales establishment, loading area, to amend the definition of
resident manager apartment, to amend the definition of sight distance triangle to
establish the site distance from the edge of pavement rather than the property
line; to amend the definition of street to include private ways, to amend the
definition of structure to include patios, parking area and loading areas, and to
clarify the definition; to add definitions of transparency, facade and transparent,
and to amend the definition of Yard, established front.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
-------------------------------------------------'-----------------------
CITY OF ROANOKE, PDV
PLANNING, BLDG., DEV
215 CHURCH 166
ROANOKE VA 24011
REFERENCE: 80076514
13073159 NPH- Zoning Amendment
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times -World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City /County of Roanoke, Commonwealth /State of
Virginia. Sworn and subscribed before me 'chi&
A)r_Tiay of August 2012. Witness my hand and
official seal.
otary Public
j rP GIs, 11
PUBLISHED ON: 08/03 08/10 ,7 Q�-NpVO�kG
C
TOTAL COST: 3,897.52
FILED ON: 08/13/12 'n, u•
--------------------------------------------- - - - - --
NOTICE OF PUBLIC
NEARING
SSee 368315 Use table
for
E tali nuts eto amp oke
laeormory. Unusual. made.',
or opt Cal, uses permuted
Uses mine MX district, to
make laboratory, testing
it r a a a a r eh u
permitted uses In the Cl
CIS, D, and OF Media ci to
make Internal sates
establishments permuted
s In the MX CN. CG,
Cut. D, end OF academy i to
make wgkstops permitted
a56iIn me Cx, D. and of
r l cta. :rd safter' to
t°ake visoes e o minari
permitted use m the OF
or atrlc4 to make
entertainment
ato alien Die n ts. not
0u lting are sidentlal
dialect pmmiped uses In
the ON it harlot to make
artist aw Dios, ane
e ducat I a n al ra eiu a es,
business schools o
Dolma aerial trade schools
permitted uses In the MX
aistrect to make
educational facilities,
arms it trade schools
in= uses in the ate
district: to make
'it acanomal taalllnes.
schools far the arts
permitted uses in the MX
dual rlCt ta maNe
broaUcesting atudlos or
statmN perm m m
permitted ac
the MX district and to
make outdoor storage an
accessory use by special
a ampea In the CG and CIS.
6.S a c. 36.2 -316,
Disclosures regulations for
multiple purpose districts,
to make arprom trust yam
toq aI rements for Ioalu
development apply to the
MX dblrietr to amend
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2012, at 7:00
p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following:
To consider proposed amendments to Chapter 36.2, Zoning, ofthe Code of the City
of Roanoke, (1979), as amended, by amending and reordaining, combining and
renumbering or adding, the following code sections to update, clarify and to make the
City's zoning ordinance easier to use for its citizens, such amendments not
constituting a comprehensive rezoning or change of any densities, unless otherwise
noted:
1. Table 205 -1, permitted Yard Encroachments, to allow refuse containers in
public parks and certain utility cabinets to encroach into required yards and
to clarify such table;
2. Sec. 36.2- 205(t), Front yards, to add a table specifying how maximum front
yards are determined in certain developments and to delete a requirement
pertaining to the facade of a principal structure in a front yard in a certain
setting;
3. Sec. 36.2 -205 (i), Yards —Comer lots and through lots, to provide that front
yards for comer lots and through lots in certain districts shall be determined
based on the classification of adjoining streets;
4. Sec. 36.2 -311, Use table for residential districts and Sec. 36.2 -327. Use
table for planned unit development districts, to place certain supplemental
regulations on community gardens in residential districts and planned unit
development districts.
5. Sec. 36.2 -315 Use table for multiple purpose districts, to make laboratory,
dental, medical, or optical, uses permitted uses in the MX district; to make
laboratory, testing and research uses permitted uses in the CG, CLS, D, and
OF districts; to make intemet sales establishments permitted uses in the MX,
CN, CG, CLS, D, and OF districts; to make workshops permitted uses in the
CN, D, and OF districts, and subject to supplemental regulations; to make
warehouses a permitted use in the OF district; to make entertainment
establishments, not abutting a residential district permitted uses in the CN
district; to make artist studios, and educational facilities, business schools or
nonindustrial trade schools permitted uses in the MX district; to make
educational facilities, industrial trade schools permitted uses in the CLS
district; to make educational facilities, schools for the arts permitted uses in
the MX district; to make broadcasting studios or stations permitted uses in
the MX district; and to make outdoor storage an accessory use by special
exception in the CG and CLS districts;
6. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to
make certain front yard requirements for infill development apply to the MX
district; to amend maximum height requirements in the CG, CLS, D, and OF
districts; to amend minimum facade transparency requirements for ground
floors and to add standards for upper floors;
Sec. 36.2 -317, Civics ace yard option, to amend elements pertaining to
accessibility, open space, seating and landscaping in a civic space;
Sec. 36.2 -319, Facade treatment, to delete the section and replace it with a
new section entitled. Building placement and faqade transparency standards
for multiple purpose districts, with such new section specifying the frontages
on which the maximum yard shall be met, the amount of ground floor and
upper floor transparency required on certain facades facing streets, how the
primary street frontage is determined, how the percentage of facade
transparency is calculated, the location of the primary entrance, and the
arrangement of transparency on the primary street frontage;
9. Sec. 36.2 -322, Use table for industrial districts , to make internet sales
establishments, health and fitness centers, and agricultural operations
permitted uses in industrial districts;
10. Sec. 36.2 -323, Dimensional regulations for industrial districts, to delete the
maximum front yard requirement, and amend the maximum height
regulations in industrial districts.
IL Sec. 36.2 -328, Dimensional regulations for planned unit development
districts to delete the minimum size of an INPUD district;
12. Sec. 36.2 -332, Neighborhood Design Overlay District, in a Neighborhood
design District, to establish special foundation height standards for dwellings
that are designed to meet accessibility requirements; to reduce the required
minimum width of a sidewalk between the front porch and the street from 4
feet to 3 feet; to permit a detached garage next to a dwelling; to permit
garage bay doors to face a street; to limit the width of an attached garage to
33 percent of the overall width of the dwelling; and to provide for
construction of a porch, or an addition with a porch, on the front of a
dwelling that has no porch.
13. Sec. 36.2 -403, Accessory uses and structures, to amend regulations related
to location and screening of refuse dumpster enclosures, and to delete buffer
yard requirements for recycling collection points and portable storage
containers;
14. Sec. 36.2 -404, Adult Uses, to provide a new definition for an adult
entertainment establishment, and to include such use in the definition of adult
use:
15. Sec. 36.2 -406, Car wash, to delete the buffer yard requirements for a car
wash, and to prohibit discharge of wash water to the ground or to a storm
drain system.
16. Sec. 36.2 -407, Commercial motor vehicle sales and service new or used to
delete a buffer yard requirement;
17. Sec. 36.2 - 407.1, Community gardens, to create a new section establishing
standards for community gardens, such standards relating to maximum lot
area, the location and maximum size of structures, a limitation on the
number and size of identification signs, limits on the height and shielding of
lighting, and allowing up to four public events to be held each 12 months at
such community gardens;
18. Sec. 36.2 -410, Fences walls_ arbors and trellises, amending the maximum
height of such structures in a sight distance triangle to 36 inches; limiting the
use of barbed wire and razor wire to certain districts; and specifying
conditions under which barbed wire is permitted;
19. Sec. 36.2-411, Gasoline stations; Sec. 36.2 -412, Group care facilities; Sec.
36.2 -414, Junkyards. wrecker yards and recycline centers; Sec. 36.2 -415,
Mini- warehouses; Sec. 36.2 -418, Motor vehicle or trailer painting and bow
repair; Sec. 36.2 -419, Motor vehicle repair or service establishment; Sec.
36.2 -420, Motor vehicle sales and service establishment new Sec. 36.2-
421, Motor vehicle sales and service establishment used; Sec. 36.2 -423,
Outdoor storage; Sec. 36.2 -430, Towing services; Sec. 36.2 -432, Wireless
telecommunications facilities and broadcastin = towers; and Sec. 36.2 -610,
Utilities, are amended to delete the buffer requirements set forth therein;
20. Sec. 36.2 -429, Temoorary uses, to amend the maximum duration of any
permit for portable storage containers each calendar year;
21. Sec 36.2 -430, Towing services, deleting a requirement that storage areas for
damaged or inoperable vehicles or trailers be screened from view;
22. Sec. 36.2 -431, Townhouses and rowhouses' to specify applicability of the
standards of the section to residential and multiple purpose districts; to
delete minimum lot size and frontage, permitted density, yard depths,
building separation, and usable open space requirements; and to specify that
density, lot size, and frontage are subject to the dimensional regulations of
the district, and that such dimensional regulations apply to the development
site rather than individual unit lots.
23. Sec. 36.2 -433, Workshops, to establish a new section providing
supplemental regulations for workshops, such regulations limiting the
maximum gross floor area of the workshop and requiring that certain
activities be within a fully enclosed building;
24. Sec. 36.2 -551, Development lP ans generally, to authorize the zoning
administrator to waive the requirement to combine lots under certain
circumstances;
25. Sec. 36.2 -552, Basic development plans, to add community gardens creating
less than 2000 square feet of impervious area and certain projects meeting
other criteria as eligible for submittal of a basic development plan; and to
authorize the zoning administrator to waive certain submittal requirements
when such information is not needed to determine compliance with City
codes;
26. Sec. 36.2 -553, Comprehensive development plans, authorizing the zoning
administrator to waive certain submittal requirements when such information
is not needed to determine compliance with City codes;
27. Sec. 36.2 -560, Special exception , to provide for posting a sign on property
to give notice of a public hearing for a special exception;
28. Sec. 36.2 -622, Exempt liehtine, to add emergency lighting and flood lights
on certain types of residential dwellings to the types of lighting exempt from
the outdoor lighting requirements;
29. Table 642 -1, Trees: Approved Plant I ist Minimum Size at Planting 20
Year Canopy and Smtabdrtv, to add Cedar, Eastern Red as suitable for
providing required tree canopy;
30. Sec. 36.2 -647, Buffer yards; Table 647. 1, Buffer Yard Categories- Minimum
Width and Required Planting and Screening Materials; Table 647.2,
Required Buffer Yards; Secs. 36.2 -648, Parking area landscaping; and 36.2-
649, Screening of specific uses and facilities, to delete these tables and
sections and replace them with new Sec. 36.2 -647, Buffering and screening;
Table 647 -I, Bufferine and Screening of Certain Uses and Activities; Sec.
36.2 -648, Parking area lands�ing; Table 648 -1, Parking Area Lands pine
Standards; Sec. 36.2 -649, Standards for buffering screening and parkim
area landscaping materials; and Table 649 -1, Buffering. Screening and
Landscaping Materials, such new tables and sections providing for buffering,
screening and landscaping of certain uses and activities, and the material to
be used for such buffering, screening and landscaping;
31. Sec. 36.2 -652, Minimum off - street ap rking; Table 652 -2, Required fired Off -
Street Parking Spaces; and Sec. 36.2 -654, Offstreet parking to amend the
titles of the sections, to specify loading areas are subject to requirements; to
exempt certain townhouse and multifamily dwellings from the prohibition on
maneuvering directly between a parking space and a street; to provide for
use of gravel surface in certain circumstances; to specify where parking and
loading areas shall be bordered by curbing; to permit parking areas in the
NDD overlay district to be located between the right -of -way and the
building line, to specify that parking standards in PUD districts are to be
established on the development plan; to create a new Table 654 -1, Parkine
and Loading Area Standards, to establish standards for materials, location,
dimensions, and operations of parking areas; and to establish special
provisions for parking areas located on comer and through lots; to delete
subsection (d) and (f) of See. 36.2 -654, pertaining to location standards for
off-street parking and driveway standards, and Table 654 -2, Driveway
Widths Except for Lots Containing Single Family Detached Dwellings, and
to establish a new subsection (d) of See. 36.2 -654, providing for the zoning
administrator to authorize maximum driveway widths to be exceeded under
certain circumstances;
32. Sec. 36.2 -655, Off-street loading, to delete the section in its entirety;
33. Sec. 36.2 -661, Ap licabdgy, to add a single sandwich board sign in a
multiple purpose district as an exempt sign;
34. Sec. 36.2 -662, Definitions, to amend the definitions of electronic
readerboard to allow static electronic display of numerals, and projecting
sign to allow such signs to be displayed at an angle other than 90 degrees,
and to add a definition of a public service announcement;
35. Table 668 -1, Tyne. Number, and Size of On- Premises Signs; to remove the
limitation on the number of building mounted signs and upper story wall
signs; to amend the maximum individual sign area permitted; and to add that
signage regulations are to be specified by a PUD development plan, or are
the same as for the CO district when not specified by a PUD development
plan;
36. Sec. 36.2 -669, Changeable cony signs and electronic readerboard signs; to
allow that such signs be connected to a static sign face,
37. Sec. 36.2 -671, Building - mounted ins, to remove the requirement that
building mounted signs Face a parking area or street; to require a permit for
window signs up to 50 percent of a window area; and to prohibit window
signs greater than 50 percent of a window area;
38. Sec. 36.2 -672, Unner story wall suns, to delete subsections (c) and (d)
related to number and location of upper story wall signs and maximum size
of upper story wall signs; and to add a new Sec. 36.2- 677, Allocation of
permitted sign area, to allow unused allotment of freestanding sign area for
building mounted sign area;
39. Sec. 36.2 -705, Nonconforming uses, to provide for expansion of existing
nonconforming uses in certain districts with the issuance of a special
exception by the board of zoning appeals under certain circumstances, and to
reduce the maximum extent of such expansion; and
40. Sec. 36.2 Appendix A, Definitions, to add a definition of civic space; to
amend the definition of dwelling, multifamily to include multiple buildings on
a single lot; to define internst sales establishment, loading area, primary
entrance and primary street frontage; to amend the definition of resident
manager apartment; to amend the definition of sight distance triangle to
establish the site distance from the edge of pavement rather than the property
line; to amend the definition of street to include established private ways; to
amend the definition of structure to include patios, parking area and loading
areas, and to clarify the definition; to add definitions of transparency, facade
and transparent; and to amend the definition of yard, established front.
Copies of the application are available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter. If you
are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's
Office, at 853 -2541, before noon on the Thursday before the date of the hearing listed above.
GIVEN under my hand this 31 et day of July ,2012.
Stephanie M. Moon, MMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 3, and Friday, August 10, 2012.
Send affidavit to: Send Bill to:
Stephanie M. Moon, MMC, City Clerk Rebecca Cockram
215 Church Avenue, S. W., Room 456 Department of Planning and Building Development
Roanoke, Virginia 24011 215 Church Avenue, S. W., Room 166
(540) 853 -2541 Roanoke, Virginia 24011
(540) 853 -1330
Public Hearing Item A J. Ka
2012 Zoning Ordinance
Amendments
Highlights
Zoning Amendments
• Adopted new ordinance in 2005
• Updates every 18 -24 months
• Refine as development issues or
opportunities for improvement identified.
Building Placement Issues
• Clarifications needed for additions,
multiple buildings, and corner lots.
• On corner lots, choice of frontage. May
choose to front on a non - primary street.
• Elevated entrances create general access
and ADA accessibility issues.
Building Placement Response
• Clarified rules for placing buildings in relation to min /max
yards.
• Get 60% or more of the street - facing facade to meet the
maximum yard
• If additions and multiple buildings, the regulations apply
only when the street - facing facade is widened.
• "Relief valve ": Civic Space Yard Option; if the build -to
line can't be met for some reason, the developer can
create a civic space.
Building Placement Response
• Table 205 -2 clarifies HOW to meet max front yard in various
situations (new building, addition to existing building, multiple
buildings, and so on)
• Table 319 Building placement and transparency standards specify
the frontages on which to meet max front yard. In general, building
should be pulled up to the street with the highest traffic count.
• Specifies frontages where to add transparency (where building faces
a street). Want to avoid blank facades on primary streets. Simplified
transparency calculations.
• Specifies frontage to locate an entrance at grade for accessibility.
Use tables
• Continue to expand the palette of land uses permitted in the
multiple purpose districts and industrial districts.
• Districts included:
— Mixed use district
— Commercial Neighborhood District
— Commercial General District
— Downtown
— Commercial Large -Site
— Urban Flex District
— Light Industrial
— Heavy Industrial
— Airport Development
Neighborhood Design District
• Innovative
policy
has been
extraordinarily successful in
producing
better
outcomes
for neighborhoods.
• With experience, we identify opportunities for flexibility.
• When ADA Accessible, allow greater range for
foundation height
• Allow attached garage if offset behind face of house
• Allow addition on front if it includes a porch.
Supplemental Regulations for
Certain Uses
• Community Gardens
— Compatibility in residential contexts
• Townhouses
— Simplify
• Workshops
— Limit scale
Buffering & Screening
• Current regulations based on abutting districts,
regardless of the activity. No flexibility with where
buffers & screens are located.
• New approach needed to get desired outcomes.
• New regs base need for screening /buffering on activities.
• Allow developer to locate buffers anywhere they get the
job done.
• Innovative approach
Buffering &Screening
• Various references to buffer requirements
deleted from supplemental regs.
• New table lists uses and activities that require
buffering /screening
• Provides option
to buffer parkin
option uses less
contexts.
for street screen (fence or wall)
g from street and sidewalk. This
space and is better for urban
Parking standards
• Last amendment addressed number of spaces
• This amendment addresses dimensional, material, and
location standards.
• New table consolidates and clarifies standards.
• Single- family, duplex, small multifamily, and small
townhouse developments treated similarly
• Gravel permitted anywhere sole access is off alley
Signs
• Delete limit on number of building mounted signs
• Allow freestanding sign allotment to be transferred
toward building- mounted signs.
• Increase allotment for upper story wall signs. Current
percentage does not work well for smaller buildings.
Keep 300 sf cap.
+/- 120 sf
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Nonconforming Uses
• Allow small expansions in residential districts by special
exception.
• Currently no option to permit
•1
Definitions
;rnet sales establishment: retail sale,
but functions more like an office.
• Sight distance triangle. Base on edge of
pavement rather than property lines.
Process
• October 2011 City Council briefing on response to commercial building
placement issues.
• Planning Commission discussed and refined amendments in four
subsequent Planning Commission work sessions between October 2011
and July 2012.
• In addition to public hearing notice in Roanoke Times, amendments were
posted on PBD web pages. Distributed by MyRoanoke.
• Planning Commission public hearing July 19
• Planning Commission voted 7 -0 to recommend approval
Questions?
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Public Hearing B. 3. (a)
Robert Richert
From: Joel [dkbtide @yahoo.coml
Sent: Wednesday, August 15, 2012 1:57 PM
To: Robert Richert
Subject: Letter to Chris Morrill
To: Chris Morrill, City Manager
From: Joel Richert
Date: August 15, 2012
Subject: Zoning Amendments
The Old Southwest, Inc. board of directors met on Tuesday, August 14, 2012 to discuss the zoning
amendments on the upcoming agenda of City Council scheduled for August 20, 2012.
The Old Southwest board approved the following recommendations UNANIMOUSLY: (Please use
the attached material prepared for the Planning Commission hearing on July 19th.)
LIntemet Sales Establishment. No RETAIL sales in MX, no WAREHOUSE in MX. We
recommend that the word "telecommunication" sales be used in place of the word retail and that the
sales be online/telephone through internet only.
2.Schoot for the Arts. Do NOT change to a permitted use. Noise was a potential factor. Use by
special exception only.
3.Broadcasting studio and station. NO definition was given. What does this mean?
4.Artist Studio. Again NO retail. This use should not be in MX but could be in CN
(Neighborhood commercial) with artist living above workspace.
5.1-aboratory dental, medical or optical. NOT permitted now in MX. We do NOT want this
changed.
Our neighborhood plan was approved by City Council in July, 2009 and specifically shows on page
29 a zoning map. We do not want to defeat the purpose of MX (see front page of Planning Commission
comments report of July 19th for definition of MX).
CN (Neighborhood Commercial). We want ALL applications for CN use to be by Special exception,
not permitted by right. There are noise and smell problems as well as interface with residential uses.
Multiple Purpose District. What is the definition of a "multiple purpose" district? No definition is
given.
The Old Southwest board of directors thanks you for your attention to these zoning matters which
would affect our neighborhood.
Joel Richert, /�"j.(.�
for the Old Solj;�'("�J�1� est OD
8/15/2012
I /
_ Sec. 36.2 -322. Mixed Use District (MX). ._.
(a) Purpose. The Mixed Use District (MX) is intended to
--° -- - "-' accommodate residential uses, office uses, and support services --
within the same district. The intent of the district is that no zttail
--- -- sales uses be permitted and that the district facilitates a harmo-
nious mixture of office and residential uses. The regulations of ._
Th-e-Zft`sTn-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. _
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See. 36.2-314.
(a) Purpose. This section establishes regulations for the follow-
ing commercial zoning districts:
(1) The Commercial - Neighborhood District (CN) is intended
to encourage, a concentration of neighborhood- scaled re
tail, office, and service uses, in clearly dWmeT, co—mbacit
EFea—sin— nose -p-i6-xim—ity t�residentialiieighborboods. The
regulations of the district are intended to control the scale
of nonresidential buildings in a manner that makes them
caWrpatible with and appropriate for surrounding residen
tial areas and to encourage a development pattern that
consists of ground floor commercial uses with offices and
residential uses on the upper floor levels. The district is
intended to promote pedestrian- oriented development,
with buildings located close to the street, pedestrian
scaled signage, main entrances oriented to the street
jI frontage sidewalk, windows or display cases along build-
ing facades which face the street, and significant building
coverage, of the site. Although parking areas may be
provided, they are generally limited in size and are
tt de- emphasized by their location on the site,
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Eaa: (540)853 -1145
E -mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
STEPHANIE M. MOON, MMC
Deputy City Clerk
City Clerk
CECELIAT. WEBB
August 21, 2012
Aaistam Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 39484- 082012 amending and reordaining
Section 20- 126(a), Restriction on Keeping of Inoperable Motor Vehicles, of Article Vl,
Keeping of Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and Traffic, of the
Code of the City of Roanoke (1979), as amended, to clarify the locations in which
inoperable motor vehicles may be kept; effective August 20, 2012-
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012, and is in full force and effect upon its
passage.
Sincerely,
°Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Law Librarian
Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Rebecca Cockram, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39484 - 082012.
AN ORDINANCE amending and reordaining Section 20- 126(a), Restriction on Keening
of Inoperable Motor Vehicles, of Article VI, Keening of Inoperable Motor Vehicles, Chapter 20,
Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; to clarify the
locations in which inoperable motor vehicles may be kept; 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:
The Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained by amending Section 20- 126(a), Restriction on Keening of Inoperable Motor
Vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and
Traffic, Code of the City of Roanoke (1979), as amended, to read and provide as follows:
Section 20- 126(a). Restriction on Keening of Inoperable Motor Vehicles.
(a) No person shall keep, any motor vehicle, trailer or semitrailer
which is inoperable on any property not zoned and used as light
industrial (1 -1) or heavy industrial (1 -2), except within a fully enclosed
building or structure or otherwise shielded or screened from view,;-an
however, one (1)
such vehicle may be kept outside a fully enclosed building or
structure, provided that it is shielded or screened from view.
Therefore, this section shall not apply to any property zoned and
used as light industrial (1 -1) and heavy industrial (1 -2), because all
other zoning districts within the City except for light industrial (1 -1) and
heavy industrial (1 -2) permit residential, agricultural or commercial
uses by right.
Ord - amending subset 20 126(a) of Chapter 20- restriction on keeping of nopernblemolor vehioles do.
2. This Ordinance is effective as of the date of its passage.
I Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
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ow-em. u. fng Snbsec. 20 -@6(a) of Cheptec20tutriction on keeping of inoperable motorvehioles.doc
�I CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: An Ordinance Amending Subsection 20- 126(a) Restriction on
Keeping of Inoperable Motor Vehicles. of Chapter 20, Article
VI, Keeping of Inoperable Motor Vehicles
Background:
In general, Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20,
Motor Vehicles and Traffic, of the Code of the City Roanoke (1979), as
amended, prohibits the keeping of inoperable motor vehicles on any property
"zoned or used for residential, commercial, or agricultural purposes ". In order
to simplify this portion of the Code, and clarify the locations in which these
vehicles may be kept, the reference should be changed to exclude all zoning
districts except those zoned and used as industrial districts. The phrase "and
used as" is necessary to prohibit the keeping of inoperable motor vehicles in
those few neighborhoods that have industrial zoning, such as McDowell Ave.,
NE and sections of Centre Ave., NW, but are used for residential purposes.
Considerations:
The proposed amendment will align terminology used in this Article with the
zoning districts specified in Chapter 36.2, Zoning.
Recommended Action:
Adopt the attached ordinance to amend Section 20 -1 26(a) of the City Code.
ri ------P-.Mo-------
C ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director Planning, Building & Development
Dan Webb, Codes Compliance Coordinator
STEPHANIE M. MOON, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 953 -2541
Fax: (540) 953 -1145
E -mail: clerk@roanokeva.gov
August 21, 2012
Christopher Morrill, City Manager
Roanoke, Virginia
Dear Mr. Morrill:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIAT. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39485- 082012 authorizing execution of a contract
to sell to South Commonwealth Partners, LLC, a portion of certain City -owned property
known as Market Garage, located at 25 Church Avenue, S.E., and identified as an
approximately 11,500 square foot portion of a commercial /retail space within the Market
Garage Building and a portion of the Air Rights located above the Market Garage, upon
certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 20, 2012; and is in full force and effect upon its
passage.
Sincerely,
W�Y'r-)
Step anie M. Moon, MMC
City Clerk
Enclosure
pc: Mr. Gray Morgan, Windsor - Aughtry Company, 25 Woods Lake Road, Suite 600
Greenville, South Carolina 29607 -6125
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Susan Lower, Director, Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of August, 2012.
No. 39485- 082012.
AN ORDINANCE authorizing the proper City officials to execute a contract and
the necessary documents to sell to South Commonwealth Partners, LLC, a portion of
certain City -Owned Property known as Market Garage, located at 25 Church Avenue,
S.E., Roanoke, Virginia, and identified as an approximately 11,500 square foot portion of
a commerciaUretail space within the Market Garage building and a portion of the Air
Rights located above the Market Garage, all of which is a portion of Tax Map No.
4015004, upon certain terms and conditions; authorizing the City Manager to execute
such further documents and take such further actions as may be necessary to accomplish
the above matters; and dispensing with the second reading by title of this Ordinance.
WHEREAS, the Council of the City of Roanoke, after proper advertisement, held
a public hearing on the above matters on August 20, 2012, pursuant to Sections 15.2-
1800 and 15.2 -1813 of the Code of Virginia (1950), as amended, at which hearing all
parties and citizens were afforded an opportunity to be heard on the above matters; and
WHEREAS, after closing the public hearing, Council believes the sale of such
property will benefit the City and its citizens.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves the terms of the proposed Sales Contract
between the City and South Commonwealth Partners, LLC, as set forth in the attachment
to the City Council Agenda Report dated August 20, 2012, which Contract provides for
certain undertakings and obligations by South Commonwealth, as well as certain
Ord- Author¢e Contract beween City and South Conunonwealrh Patlnere, LLC - potion of25 Church Ave, SE & portion of Air
Rights TM4015004.doc I
undertakings by the City. The City Council further finds the sale of such property, as set
forth in such City Council Agenda Report, will be of economic benefit to the City and its
citizens.
2. The City Manager is hereby authorized on behalf of the City to execute a
Sales Contract to sell to South Commonwealth Partners, LLC, a portion of certain City -
Owned property located at 25 Church Avenue, S.E., Roanoke, Virginia, and identified as
an approximately 11,500 square foot portion of a commercial/retail space within the
Market Garage building and a portion of the Air Rights located above the Market Garage,
all of which is a portion of Tax Map No. 4015004, upon certain terms and conditions as
set forth in the Sales Contract attached to the City Council Agenda Report dated August
20, 2012. Such Sales Contract is to be substantially similar to the one attached to such
Report, and in a form approved by the City Attorney. The purchase price to be paid to
the City is $800,000.
3. The City Manager is further authorized to negotiate and execute such
further documents and take such further actions as may be necessary to implement,
administer, and enforce such Sales Contract, and to negotiate and execute any other
agreements and documents relating to this matter, which may include, but which are not
limited to
(a) A Deed of Sale;
(b) Condominium documents;
(c) Development or Performance Agreement;
(d) A Parking Agreement;
(e) A Maintenance Agreement;
(f) Any documents related to the refinancing of the tax- exempt general
obligation bonds mentioned in the Agenda Report;
(g) Extension or modification documents; and /or
(h) Such other documents as The City Manager deems appropriate.
Ord Authorne Convaa between City and South ConunonweajN pv , , LLC - portion of25 Church Ave, SE & onion of,tiv
RightsTM4015004 doc p 2
4. . The form of the other documents referred to above and in the Agenda
Report are to be approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading by title of this Ordinance is hereby dispensed with.
6. This Ordinance is effective as of the date of its passage.
ATTEST:
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)` CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 20, 2012
Subject: Authorize a Contract Between the City of Roanoke and South
commonwealth Partners, LLC, for the Sale of a Portion of City -Owned
Property Located at 25 Church Avenue, S.E., (Market Garage)
Background:
South Commonwealth Partners, LLC, a South Carolina Limited Liability Company (Buyer),
is seeking to purchase an approximately 11,500 square foot portion of the building and a
portion of the associated air rights located at 25 Church Avenue, S.E. (a portion of Tax
Map No. 4015004) from the City of Roanoke (City) for $800,000. The 232,785 square
foot building on the site currently functions as a City-owned parking garage (Market
Garage or Garage). Buyer intends to convert the 9,689 square feet of vacant first floor
retail space as well as an additional 1,811 square feet in the Garage for use as a full -
service lobby and hotel - related support operations. Buyer also intends to acquire a
portion of air rights above the Garage upon which Buyer will construct an approximately
123 room hotel.
In 1990, the Roanoke Redevelopment and Housing Authority (RRHA), through an
Agreement with the City, used income generated by its Community Development Block
Grant (CDBG) Program and funds obtained from private lenders to design and construct
the Garage. At that time, the City also entered into a Lease Agreement to lease the
Garage from RRHA for a term of thirty (30) years. By mutual agreement of the parties,
this Lease Agreement was terminated in October 2003 and RRHA conveyed ownership of
the Garage to the City .
As referenced in the City Market District Plan produced by Duany Plater - Zyberk &
Company (DPZ) in 2006, the Garage was originally designed with sufficient structural
support to accommodate up to four additional floors of housing or related uses. As part
of an extensive public participation process, DPZ produced a conceptual design for the
Garage including exterior fa4ade improvements, a footprint expansion, and illustrations
of vertical expansion of the structure. In 2008, the City initiated extensive fa4ade and
structural renovations to the Garage, with the renovations and footprint expansion
undertaken in a manner consistent with the concepts contained in the DPZ plan. During
this timeframe the City entertained various inquiries from private development interests
regarding the vertical expansion opportunity. However, no formal proposals were
received for consideration.
After completion of the renovation project, the City's Office of Economic Development
posted an on -site advertisement for the development opportunity on the first floor of the
Garage along Church Street, S.E. In June 2011, Buyer inquired about purchasing the retail
space as well as the air rights above the garage with the intention of constructing a hotel.
This inquiry followed nearly three months of discussion between Buyer, City staff, and
representatives from Downtown Roanoke, Inc., and the Roanoke Regional Partnership. In
November 2011, Buyer and the City entered into a non - binding Letter of Intent (LOP
intended to serve as a framework for Buyer's construction of a 120 -124 room hotel. This
LOI was extended in March 2012 and again in July 2012 while Buyer and City staff
finalized the attached proposed Contract for Sale of Real Estate (Contract).
The conveyance of City owned property requires a public hearing.
Considerations:
The proposed Contract sets forth the terms and conditions relevant to the sale, including,
but not limited to, the following items:
1. The Purchase Price of $800,000 includes the value of the first floor
retail /commercial and storage space, a portion of the air rights above the
Garage, and the value of the loss of one parking space on each floor of the
Garage, for a maximum of five (5) parking spaces in total, in connection with an
easement to be granted by the City to Buyer for Buyer's private elevator that
will be used to service the hotel. Buyer will pay an additional Seven Thousand
Five Hundred Dollars ($7,500) plus the actual cost incurred by the City in
connection with granting any easements for each additional parking space that
may be lost to vertical easements for utility or circulation purposes.
2. The first floor commercial /retail space and additional storage space within the
Garage of approximately 11,500 square feet will be converted into a
commercial condominium.
3. Buyer will have a one hundred eighty (180) day Due Diligence Period
commencing on the effective date of the execution of the Sales Contract during
which Buyer will conduct any architectural, engineering, environmental or other
inspections, tests or measurements Buyer deems necessary to determine the
suitability of the site for use as a full service hotel. Buyer may extend this
Period an additional sixty (60) days in exchange for One Thousand Dollars
($1,000) to be paid to the City prior to the expiration of the original Due
Diligence Period.
4. Upon approval and execution of a Sales Contract, the City and Buyer will also
negotiate a separate, but related, Development or Performance Agreement
outlining the specific details related to the development of the hotel, as well as
a Parking Agreement and a Maintenance Agreement. Should any of these
Agreements not be completed by the conclusion of the Due Diligence or
Extended Due Diligence Period through no fault of the Buyer, such Period may
be extended for up to an additional one hundred twenty five (125) days.
As a result of this private development, the City will refinance approximately $6.6 million
in tax - exempt general obligation bonds, replacing them with taxable bonds at an
estimated cost of $60,000 per year through fiscal year 2030 based on current market
conditions. The proceeds from the sale of real property and local taxes to be generated
by this development project will more than offset the cost of this refinancing. The City
would undertake its refinancing in accordance with applicable regulations following the
closing on the sale of this property.
Recommended Action:
Approve the terms of the Sales Contract between the City and South Commonwealth
Partners, LLC, as set forth in the attachment to this report. Absent comments at the
public hearing needing further consideration, authorize the City Manager to execute a
Sales Contract between the City and South Commonwealth Partners, LLC, substantially
similar to the one attached to this report. Such Contract is to be approved as to form by
the City Attorney.
Authorize the City Manager to negotiate and execute such further documents and take
such further actions as may be necessary to implement, administer, and enforce such
Sales Contract, and to negotiate and execute any other agreements and documents
relating to this matter, which may include, but are not limited to:
(a) A deed of sale;
(b) Condominium documents;
(c) Development or Performance Agreement;
(d) A Parking Agreement;
(e) A Maintenance Agreement;
(f) Any documents related to the refinancing of the tax - exempt general
obligation bonds mentioned above;
(g) Extension or modification documents; and /or
(h) Such other documents as The City Manager deems appropriate.
The form of the above mentioned documents shall be approved by the City Attorney.
- --
—
--------- —
------
ristopher P-. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Debbie Moses, Parking Administrator
Robert Ledger, Economic Development Manager
Marc Nelson, Special Projects Coordinator
CONTRACT FOR SALE OF REAL ESTATE
DRAFT
This CONTRACT is made and entered into this _day of 2012, by
and between South Commonwealth Partners, LLC, a South Carolina Limited Liability
Company and /or assigns (hereinafter "Buyer ") and The City of Roanoke, Virginia
(hereinafter "Seller" or "City"), and is deemed entered into by the parties in the City
of Roanoke.
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the mutual covenants, agreements,
and undertakings hereinafter set forth, of the Earnest Money, as defined herein, paid
herewith and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller agrees to sell and convey to Buyer and Buyer agrees to
purchase from Seller the Property and the Easements as defined in Section 1 below
on the terms and conditions set forth herein:
1. Description of Property and Easements.
(a) The real property which is the subject of this Contract includes
the following:
the commercial /retail space within the City Market
Garage located at 25 Church Avenue, SE in the City of
Roanoke, Virginia containing approximately 11,500
square feet, as shown on Schedule A attached hereto,
which is to be converted into a commercial
condominium acceptable to Buyer and Seller and the
real property located directly below the hotel's elevator
(the "Condominium ");
the air rights above the City Market Garage, excluding
the air rights above the land owned by Southeast STB
Portfolio, LLC, within the area approximately located
vertically between the horizontal plane defined
vertically by a point at elevation 1010 (feet) above
mean sea level (the lower limit) and the horizontal
plane defined vertically by a point at elevation 1070
(feet) above mean sea level (the upper limit) and
located above the ground lyingwithin the boundaries of
the Market City Garage (the "Air Rights "):
iii. The Condominium and the Air Rights are collectively
referred to herein as the "Property":
t2128101100061254DOcx21
iv. all necessary easements to enable the Buyer to construct
and operate a hotel, containing approximately 123
rooms, within the Air Rights, which easements shall be
determined and agreed upon by Buyer and Seller during
the Due Diligence Period, as defined below, as the same
may be extended (the "Easements "). Buyer
acknowledges that the Easements granted by the Seller
associated with the Air Rights may only be granted for a
period of sixty (60) years and for all other Easements the
time limitation is 40 years.
V. for additional consideration of one hundred dollars
($100) paid by Buyer at Closing Seller will grant to Buyer
a first option to purchase the City Market Garage, which
option will be coterminous with the duration of the
longest easement rights granted in subsection 1(a)(iv)
and which will be recorded in the real property records.
The option will allow the Buyer an opportunity to
purchase the City Market Garage for an amount equal to
and subject to the terms presented in any offer tendered
to the City by a third party, subject to City Council
approval at such time and any public hearing required
by law.
2. Purchase Price. The purchase price of the Property shall be Eight Hundred
Thousand Dollars ($800,000). Seller acknowledges that the $800,000
purchase price includes the value of the loss of one parking space on each
Floor of the City Market Garage for a maximum of five (5) parking spaces in
total in connection with the easement to be granted by Seller to Purchaser for
Purchaser's elevator. Should additional parking spaces be needed by
Purchaser in connection with its elevator or any other requested easement,
Purchaser shall pay an additional Seven Thousand Five Hundred ($7,500) for
each parking space that can no longer be used by Seller, plus the actual cost
the Seller incurs in connection with granting any of the Easements, and shall
be paid by the Buyer as follows:
i. Atorbefore the execution of this Contract Buyer will
deposit with Escrow Agent One Hundred Thousand
($100,000) dollars (the "Earnest Money').
ii. The balance of the purchase price for the Property and
the Easements shall be paid by Buyer to Seller in cash or
electronically wired funds at the time of the closing,
subjectto any prorations and adjustments provided for
in this Contract.
12128/01/00061254 D OC x:2 I
3. Due Diligence.
(a) Buyer has a one hundred eighty (180) day Due Diligence Period (the
"Due Diligence Period ") commencing on the Effective Date. Upon
receipt of Buyer's written notice and the tender of an additional
$1,000 of Earnest Money prior to the expiration of the Due Diligence
Period, Buyer may extend the Due Diligence Period by sixty (60) days
(the "Extended Due Diligence Period "), The Earnest Money will be
refundable to Buyer for any reason or no reason should Buyer elect
not to close during the Due Diligence Period or Extended Due
Diligence Period. During the Due Diligence Period or Extended Due
Diligence Period, if applicable, Buyer, its authorized agents and
employees, as well as others authorized by Buyer, shall have full and
complete access to the City Market Garage and the adjacent property
owned by the Seller, at any time and from time to time during normal
business hours to make such marketing, financial, surveying,
architectural, engineering, topographical, geological, soil, subsurface,
environmental, water drainage, and traffic studies and any other
audits, investigations, inspection, evaluations, studies, tests, borings,
and measurements as Buyer deems necessary or advisable, so long as
the same do not result in any material adverse change to the physical
characteristics of the City Market Garage, including, but not limited to,
taking of any sample of concrete, brick or other materials without the
Seller's prior consent. Buyer shall promptly provide Seller with copies
of any and all documents generated in connection with any
investigations by Buyer, or on its behalf, as described in the preceding
sentence. Seller agrees to have all utilities in service and in operation
so as to facilitate Buyer's inspection. Buyer agrees to repair and
replace any and all damage to the City Market Garage or adjacent
property caused by Buyer, its employees or agents, and Buyer shall
indemnify, defend and hold Seller harmless from and against any and
all claims, costs, expenses and liabilities, including reasonable
attorney's fees, arising out of or by reason of the investigations
conducted by Buyer or Buyer's agent(s) at the City Market Garage
and /or the adjacent property owned by the Seller. Buyer's obligations
as set forth in the preceding sentence shall survive expiration and /or
termination of this Contract.
(b) Notwithstanding the foregoing, prior to entering the City Market
Garage, Buyer shall, at its sole expense, shall obtain and maintain, and
ensure that its contractors or representatives have obtained and shall
maintain, the insurance set forth below. The following policies and
coverages are required:
{212810 V 00061254. DOC X:21
(i) Commercial General Liability. Commercial General Liability
insurance, written on an occurrence basis, shall insure against
all claims, loss, cost, damage, expense or liability from loss of
life or damage or injury to persons or property arising out of
Buyer's acts or omissions. The minimum limits of liability for
this coverage shall be $1,000,000 combined single limit for any
one occurrence.
(ii) Contractual Liability. Broad form Contractual Liability
insurance shall include the indemnification obligation set forth
above.
(iii) Workers' Compensation, Workers' Compensation insurance
covering Buyer's statutory obligation under the laws of the
Commonwealth of Virginia and Employer's Liability insurance
shall be maintained for all its employees engaged in work
under this Section 3. Minimum limits of liability for Employer's
Liability shall be $100,000 bodily injury by accident each
occurrence; $500,000 bodily injury by disease (policy limit);
and $100,000 bodily injury by disease (each employee). With
respect to Workers' Compensation coverage, the insurance
company shall waive rights of subrogation against the Seller,
its officers, employees, agents, volunteers and representatives.
(iv) Automobile Liability. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined
single limit applicable to owned or non -owned vehicles used in
the performance of any work under this Section and shall be
written on an occurrence basis.
(c) The insurance coverages and amounts set forth above may be met by
an umbrella liability policy following the form of the underlying
primary coverage in a minimum amount of $1,000,000. Should an
umbrella liability insurance coverage policy be used, such coverage
shall be accompanied by a certificate of endorsement stating that it
applies to the specific policy numbers indicated for the insurance
providing the coverages required above and it is further agreed that
such statement shall be made a part of the certificate of insurance
furnished by Buyer to the Seller.
(d) All insurance shall also meet the following requirements, unless
otherwise agreed to by the City's Risk Manager:
L Buyer shall furnish the Seller a certificate or certificates of
insurance showing the type, amount, effective dates and date
of expiration of the policies. All such insurance shall be
(2128 /01 /00061254. nOCX,2 )
primary and noncontributory to any insurance or self -
insurance the Seller may have. Certificates of insurance shall
include any insurance deductibles.
ii. Buyer shall notify Seller in writing within five (5) days if any of
the insurance coverages or policies are canceled or materially
altered and Buyer shall immediately replace such coverages
and policies and provide documentation of such to the Seller.
iii. The required coverages and policies of insurance shall name
the City of Roanoke, its officers, employees, agents, volunteers,
and representatives as additional insureds, and the certificates
of insurance shall show if such insurance provides such
coverages.
IV. Where waiver of subrogation is required with respect to any
policy of insurance required under this Section, such waiver
shall be specified on the certificate of insurance.
V. Insurance coverage shall be in a form and with an insurance
company approved by the Seller, which approval shall not be
withheld unreasonably. Any insurance company providing
coverage under Section 3 shall be authorized to do business in
the Commonwealth of Virginia.
(e) Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives and consultants, shall at all times
comply with all applicable federal, state, and local laws, rules, and
regulations while accessing the City Market Garage.
4. Closing. Closing of the transaction herein provided shall be held on or before
thirty (30) days after the later of (i) expiration of the Due Diligence Period
and, Ifapplicable, (ii) expiration of the Extended Due Diligence Period, as
either may be extended pursuant to Section 8, at the offices of the City
Attorney or at another location agreed upon by the parties in Roanoke,
Virginia.
Preparation of Condominium Documents and Survey. During the Due
Diligence Period, as the same may be extended, Seller shall draft and submit
to Buyer for approval, the necessary condominium documents to create the
Condominium and such documents shall be recorded immediately prior to
recording the deed. Buyer shall provide, at Buyer's expense, Seller with a
survey identifying the upper and lower boundaries of the Air Rights, the
space to be included in the Condominium and identifying the size and
location of the Easements. Buyer will submit the survey to Seller and Seller
shall have a period of fifteen (15) days in which to object to any matters
(2128101100061254Does 2 1
shown on the survey. If Seller fails or elects not to respond within the fifteen
(15) day period, the survey shall be deemed acceptable by Seller In the event
Seller objects to any matters shown on the survey within the fifteen (15) day
period, Buyer then has ten (10) days to accept or reject Seller's conditions of
approval or make modifications and resubmit. The process for review and
approval shall be repeated until either the parties have agreed upon the
survey or Buyer elects to terminate this Contract. The survey shall be the
basis for preparing the legal description to be used in the deed conveying
title to the Air Rights and conveying the Easements to Buyer. The
condominium documents shall establish the boundaries of the Condominium
to be used in the deed conveying the Condominium to the Buyer.
6. Title
(a) The Seller shall grant the Easements in good, marketable and
insurable form. The Seller shall deliver good, marketable and
insurable fee simple title to the Property by special warranty deed,
free and clear of all liens and encumbrances except for: (a) taxes for
the year in which Closing occurs; (b) presently existing easements,
covenants, and restrictions of record which do not materially and
adversely affect the Buyer's intended use of the Property; and (c) any
other matters approved by Buyer. For the purposes of this Contract,
the term "insurable title" means title that a title insurance company
acceptable to Buyer ( "Title Company') is willing to insure by issuing
to Buyer a commitment for an American Land Title Association
("ALTA ") owner's insurance policy in the amount of the purchase
price, at standard rates, insuring the Buyer's title to the Property,
without exception other than those mentioned above. If Seller is
unable to deliver good, marketable and insurable fee simple title by
special warranty deed to the Property at Closing, Buyer may
terminate this Contract and the Earnest Money will be returned to
Buyer, it being acknowledged and agreed that Seller's failure to
convey the same shall not be deemed an event of default by Seller
under this Contract. The Easements shall be included in the deed
conveying the Property and shall be granted by special warranty.
(b) No later than forty five (45) days before the expiration of the Due
Diligence Period or Extended Due Diligence Period, if applicable,
Buyer shall give Seller written notice of any objection to matters of
title, including any matters revealed by the survey obtained by the
Buyer. Upon receipt of any such objections to title, Seller shall have a
period of ten (10) days within which to either (a) provide the Buyer
with written notice of its intention to cure the objectionable matters,
in which case the Closing Date will automatically be extended, if
necessary, for an additional ten (10) days from the date ofthe Seller's
notice of its intent to cure; or (b) provide the Buyer with written
{2128/01100001254DOCx, 2 }
notice that it does not intend to cure the objectionable matters, in
which case the Buyer shall, no later than five (5) days after receipt of
the Seller's notice, elect to either (1) terminate the Contract, in writing
or (2) waive the objections to title and proceed with the closing. In the
event Seller refuses to cure matters objectionable to Buyer and Buyer
elects to terminate the Contract, Seller will promptly return the
Earnest Money to Buyer. Seller shall not be deemed in default under
this Contract for electing not to cure any objectionable title matters
raised by Buyer.
Settlement Obligations of the Parties. The cost of any title examination and
recording taxes payable in connection with the recording of the Deed and
costs for all applicable public hearing advertisements shall be paid by
Purchaser. Other Settlement costs shall be charged as is customary in
Virginia. Each party shall be responsible for costs normally paid by Seller
and Purchaser respectively and each party shall be responsible for any other
fees charged to them, as agreed upon by them or their attorneys.
8. Contingencies: If any of the following contingencies have not been met
through no fault of the Buyer, the Due Diligence or Extended Due Diligence
Period may be further extended for a period of time not to exceed one
hundred twenty five (125) days.
(a) Execution of a Parking Agreement acceptable to Buyer and
Seller;
(b) Execution of a Development or Performance Agreement
acceptable to Buyer, Seller and the Economic Development
Authority of the City of Roanoke which includes the
appropriation of grant funds;
(c) Execution of a Maintenance Agreement acceptable to Buyer
and Seller;
(d) Agreement ofthe parties on the condominium documents and
the creation of the Condominium; and
(e) Procurement by Buyer in a timely manner of all necessary
permits and approvals required to construct the proposed
hotel.
(f) Receipt of an easement from Southeast STB Portfolio, LLC
extending the air rights above a portion of the City Market
Garage. Seller agrees that if it is able to obtain a deed of the air
rights above a portion of the City Market Garage that it shall
deed the appropriate portion of those air rights to Seller.
If the conditions set forth in this Section 8 cannot be satisfied within the one
hundred twenty five (12 5) day period, either party shall have the right to
terminate this Contract by providing written notice to the other and in such
event the Earnest Money shall be returned to Buyer.
{2128/01/00061254 DOCX,2 I
9. Compliance
The Parties agree to comply with applicable federal, state, and local laws,
ordinances, and regulations in connection with this Contract, including
applicable requirements regarding the easements and contingencies referred
to in this Contract.
10. Documents and Records to be Furnished by Seller and Non - Disclosure.
Within five (5) days of the Effective Date of this Contract, Seller shall deliver
to Buyer copies of any ofthe following documents that are in Seller's
possession or control and pertain to the City Market Garage: existing plats of
survey; most recent tax receipts; title insurance policies; property and
liability insurance information; information relating to the condemnation of
any portion of the City Market Garage; and any other information pertaining
to the ownership or operation of the City Market Garage which Buyer
requests. If Buyer terminates this Contract before the end of the Due
Diligence Period or any extension thereof, Buyer will return to Seller all
documents furnished by Seller pursuant to this section. Buyer agrees that it
shall not disclose to any third party any information or documents provided
by Seller to Buyer. Notwithstanding the foregoing, Buyer may disclose such
information and documentation to Buyer's attorneys, accountants and other
parties assisting Buyer in connection with the purchase of the Property and
the Easement.
11. Seller's and Buyer's Warranties and Reprt�sentations.
(a) Seller covenants, represents and warrants as follows:
(i) Seller has good, marketable and insurable fee simple title to
the real property on which the City Market Garage is located
and can grant the Easements in a good, marketable and
insurable form.
(ii) Subsequent to the signing of this Contract by both parties
hereto, Seller will not take any action or otherwise permit any
change in the status of the title to the Property prior or
subsequent to the Closing, without first giving written notice to
Buyer.
(iii) The individual(s) who have executed this Contract as Seller or
on behalf of the Seller have the full right and authority to do so,
having obtained all consents to enter into and perform this
Contract and to sell the Property on the terms set forth in this
Contract.
{2128/01/00061254. DOCx;2 I
(iv) The Seller has no knowledge of any threatened condemnation,
eminent domain proceedings, action, suit, administrative
proceeding, judgment, bankruptcy, lien execution, or
proceeding pending or threatened against or affecting the
Property or the Seller, which if adversely determined or
continued might have an adverse effect upon the Property or
upon the Seller's ability to perform its obligations under this
Contract and Seller has no knowledge or notice of any violation
or alleged violation of any applicable law, ordinance or
regulation by or with respect to the Property or the Easements.
(v) From the Effective Date until Closing, Seller immediately will
notify Buyer of any fact, event, or occurrence, for which Seller
has actual knowledge, that has a material effect on the
Property or which renders any representation or warranty
made by Seller in this Contract incorrect or misleading in any
respect, including, but not limited, to fire or other casualty loss,
receipt of notice of condemnation or threat of condemnation,
or violation of any health, safety, fire, environmental, or zoning
law, code, regulation, or ordinance, and Seller promptly will
send to Buyer copies of any notices.
(vi) To the best of Seller's knowledge, water, electricity, telephone,
natural gas and sanitary sewer are available in the area around
the City Market Garage; provided that Buyer shall be deemed
to have waived any such lack of the availability of these utilities
if Buyer elects not to terminate this Contract prior to the
expiration of the Due Diligence Period, as the same may be
extended.
(vii) For purposes of this Agreement the words "to the best of
Seller's knowledge ", "for which Seller has actual knowledge' or
words of like import shall mean the actual knowledge of the
City Manager limited to those representations and warranties
of Seller set forth in Sections 11(a)(iv) and 11(a)(v).
(viii) Seller's representation and warranties set forth in subsections
11(a)(iv) and 11(a)(v) shall survive closing and delivery of the
deed for a period of six (6) months.
(b) Buyer covenants, represents and warrants as follows as of the Closing
Date:
(i) Buyer is a limited liability company duly organized, validly
existing and in good standing under the laws of the State of
South Carolina and Buyer has been authorized by the Virginia
{2128101/00061254 nOCx,2 1
State Corporation Commission to transact business in Virginia
(ii) Buyer has full power and authority to enter into, execute and
deliver this Contract and to consummate the transactions
contemplated hereby and any instruments or agreements
required herein.
(iii) This Contract has been duly and validly executed and delivered
by Buyer and constitutes a valid and binding obligation of
Buyer according to its terms, and has been duly authorized by
the members of Buyer.
(iv) At Closing Buyer shall deliver to Seller a written statement
confirming that: (a) Buyer has had an ample time to inspect the
City Market Garage, the Property and the Easements; (b) Buyer
is satisfied with the results of its inspections and the condition
of the City Market Garage, the Property and the Easement; (c)
Buyer is purchasing the Property and the Easements in an "AS
IS" condition and Seller has no obligation to make any changes
to the City Market Garage or the adjacent property owned by
the Seller; (d) except for the representations and warranties of
Seller set forth in subsections 11(a)(iv) and 11(a)(v), Buyer Is
not relying on any representation or warranty of Seller
regarding the City Market Garage, the Property or the
Easements, and (e) Buyer has solely determined that the City
Market Garage, the Property and the Easements are
satisfactory for Buyer's intended use.
12. Closing Documents. At the Closing, Seller shall deliver to Buyer the following:
(a) A duly executed special warranty deed conveying marketable and
insurable fee simple title to the Property as set forth above together
with the Easements in marketable and insurable form;
(b) Any documents that Buyer's counsel may determine are necessary to
assign any easements, licenses, or permits relating to the use of the
Property;
(c) Such written evidence of authority to execute and deliver the deed
and such reasonable owner's affidavit regarding the payment of bills
for labor and materials rendered for improvements on the Property as
may reasonably be required by the Buyer's title insurance company in
order to issue the owners policy and to insure the title without
exception for unfilled mechanics' and materialmens' liens and without
exceptions for rights of possession in any third party.
10
(2128101/00061254 DOC X 2 I
(d) A duly executed "non- foreign person' affidavit as required by the
Internal Revenue Service with respect to the sale of real property.
13. Taxes. Because Seller is not required to pay any real estate taxes, at Closing
Buyer shall become responsible for the payment of all real property taxes
arising in connection with the ownership of the Property from and after the
Closing Date.
14, Closing Costs. The Buyer shall be responsible for the cost of any third party
inspections ordered by the Buyer, the survey and the title insurance policy.
The Seller shall be responsible for the cost of the deed preparation and the
Grantor's tax, if any, and Buyer shall be responsible for all other filing fees
and recording taxes in connection with the recordation of the special
warranty deed. Each party shall be responsible for the fees of its own
attorneys and for any other costs incurred by such party in connection with
the closing of this transaction.
1S. Remedies Upon Breach. In the event that the terms and conditions of this
Contract have been satisfied and Buyer does not purchase the Property and
the Easements in accordance with the requirements of this Contract within
the time limits herein set forth, Seller may declare this Contract cancelled in
which event any Earnest Money held shall be forfeited and paid to Seller.
Notwithstanding the termination of this Contract by Seller, Buyer shall
remain responsible for all obligations, if any, pursuant to Section 3
hereinabove. In the event of Seller's breach, and failure to cure the same
within thirty (30) days following receipt of notice from Buyer, of any of the
terms, conditions, warranties or representations hereof, the Buyer shall have
the right o (a) immediately terminate this Contract upon written notice to
the Seller and receive back the full amount of the Earnest Money and upon
return of the same the parties hereby shall have no further rights and
obligations or liabilities to each other hereunder; (b) demand and compel by
an action for specific performance or similar legal proceedings if necessary
the immediate conveyance of the Property and Easements by Seller in
compliance with the terms and conditions of this Contract or (c) utilize any
other remedies available to It under Virginia law and equity.
16. Governing Law and Venue. This Contract shall be governed, interpreted, and
construed under the substantive laws of the Commonwealth of Virginia, and
any cause of action regarding the rights and duties of the parties must be
brought in the Circuit Court or General District Court for the City of Roanoke
Virginia and further agrees this Contract is controlled by the laws of the
Commonwealth of Virginia, with the exception of Virginia's conflict of law
provisions which shall not apply, and that all claims, disputes, and other
matters shall be decided only by such court according to the laws of the
Commonwealth of Virginia as aforesaid. The parties further waive and agree
not to assert in any such action, suit or proceeding, that is not personally
11
{2128/01/00061254 DOCX',2 1
subject to the jurisdiction of such courts, that the action, suitor proceeding, is
brought in an inconvenient forum or that the venue of the action, suit, or
proceeding is improper.
17. Time of essence. Time is of the essence in the performance of the terms and
conditions of this Contract. If any date set forth in this Contract should fall on a
Saturday, Sunday, or legal holiday, compliance with any obligation or delivery
due on that date will be deemed acceptable on the next business day following
such Saturday, Sunday, or legal holiday. In this Contract, the term" legal
holiday" means any state or federal holiday for which financial institutions or
post offices are generally closed in the Commonwealth of Virginia. In this
Contract, the term "business day" means any day other than a Saturday,
Sunday, or legal holiday. Notwithstanding the foregoing, the word "day" or
"days" used throughout this Contract shall mean a calendar day.
18. Notices, All notices which are required hereunder to be in writing shall be
effective with respect to the party who is to receive them as of the date on
which such notice is Ca) mailed in care of such party or their counsel in any
United States Post Office by certified or registered mail, postage prepaid or (b)
hand delivered by messenger, overnight service or otherwise to the office of the
party or their counsel. The addresses for such notices are as follows:
AS TO BUYER:
South Commonwealth Partners, LLC
c/o Windsor /Aughtry Company, Inc.
Post Office Box 16449
Greenville, SC 29606
Attn: Paul C. "Be" Aughtry, III
WITH A COPY TO:
1. Nathan Galbreath, Esq.
25 East Court Street
Suite 201
Greenville, SC 29601
AND A COPY TO:
Daniel F. Layman, Jr., Esq.
SSS Professional Arts Building
30 Franklin Road, SW
Roanoke, VA 24011
AS TO SELLER:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Ave, SW, Room 364
Roanoke, VA 24011
Attn: City Manager
12
(212 &01 /00061254. DOCX,2 I
WITH A COPY TO: City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Ave, SW, Room 464
Roanoke, VA 24011
Attn: City Attorney
19. Asslenment of Buyer's Interest. Neither party may assign this Contract
without the written consent of the other except that Buyer may assign this
Contractto a business entity having substantially the same primary principal
owners as the Buyer, but not otherwise, unless Buyer first secures the prior
approval of the City Council by resolution.
20. Headings. The headings or captions set forth in this Contract are for the
convenience of the parties only, do not form a part ofthis Contract, and are
not to be considered a part of this Contract for any purpose.
21. Entire Understanding. This Contract, together with any exhibits or
attachments, and all documents referenced herein constitutes the entire
understanding and agreement between the parties. This Contract shall not be
modified or amended in any way except by written instrument executed by
both parties.
22. Effective Date. The Effective Date of this Contract shall be the date the
Contract is signed by both parties, and if both parties do not sign on the same
date, the date on which it is signed by the last party to sign.
23. Binding Effect. This Contract shall be binding on the parties and their
successors and assigns.
24. Counterparts. This Contract may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
25. Broker. Each Party warrants that it has had no dealings with any real estate
Broker or agent regarding the purchase of the Property, and each party
agrees to hold the other harmless from any claims for broker's commissions,
finder's fee, referral fees, or claims from any party claiming by or through the
indemnifying party.
26. Faith Based Organizations. Pursuant to Virginia Code Section 2.2.- 4343.1, be
advised that the Seller does not discriminate against faith -based
organizations.
27. Construction. The parties acknowledge that each party and its counsel have
reviewed and revised this Contract and that the normal rule of construction
13
12128/01/00061254 DOCX,2 1
to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Contract.
28. Risk of Loss. Risk of Loss by fire or other casualty shall be upon Seller until
Closing, except if such loss is the result of acts or omissions of the Buyer or
Buyer's owners, employees, agents, contractors, or representatives, in which
case such loss shall be Buyer's responsibility. Provided, however, if the City
Market Property, or the improvements thereon, is substantially damaged or
destroyed before Closing by such casualty, then either party may cancel this
Contract by giving the other party thirty (30) days written notice of such
cancellation and neither party will have any further obligations to the other
and Seller shall not be liable to the Buyer for any failure to deliver the
Property to Buyer, including, but not limited to, any reimbursement of costs
and expenses incurred by Buyer in connection with this Contract or
otherwise, provided the Earnest Money shall promptly be returned to Buyer.
[SIGNATURE PAGES AND SCHEDULE A ON FOLLOWING PAGES]
14
(2128/01/00061254 DOCx2 I
IN WITNESS WHEREOF, Purchaser and Seller have executed this Contract by their
authorized representatives.
WITNESS: CITY OF ROANOKE, VIRGINIA
By
Christopher P. Morrill, City Manager
Printed Name and Title
(SEAL)
WITNESS: South Commonwealth Partners, LLC
By
Paul C. "Be" Aughtry, III, Managing
Member
Printed Name and Title
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Appropriation and funds required for this Agreement are subject to future
appropriation.
Director of Finance
Date Acct#
Authorized by Ordinance No.
15
{2128101100061254 DOCx:2 )
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times 1 NOTICEOFPUBLIC
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WINDSOR - AUGHTRY COMPANY
WINDSOR - AUGHTRY COMPANY
25 WOODS LAKE ROAD, STE 600
ATTN: MR. GRAY MORGA
GREENVILLE SC 29607
REFERENCE: 82877485
13077694
State of Virginia
City of Roanoke
NPH- Market Garage to
I, (the undersigned) an authorized representative
of the Times -World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City /County of Roanoke, Commonwealth /State of
Virginia. Sworn and subscribed before me this
day of Augu 2012. Witness my hand and
official seal.
Notary Public
PUBLISHED ON: 08/10
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TOTAL COST: 368.80
FILED ON: 08/10/12
-------------------------------------------------- -----------------------
Authorized
Signature: - Billing Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to enter into a contract conveying a portion, as described
below, of the City's Market Garage which is located at 25 Church Avenue, S.E., in the City of
Roanoke, Virginia, to South Commonwealth Partners, LLC (South Commonwealth) in order for
South Commonwealth to construct on, make improvements to, and renovate portions of Market
Garage so that a hotel can be built in the conveyed Air Rights above Market Garage, within the
ground floor space being sold, and within such other easements as maybe necessary forthe operation
of such hotel.
The Market Garage is located on current Tax Map Parcel Number 4015004. However, only
a portion of such Tax Map Parcel will be conveyed to South Commonwealth. The portion to be
conveyed to South Commonwealth will generally consist of approximately 11,500 square feet of the
ground floor space within the Market Garage, together with certain City owned Air Rights above the
top of the Garage, beginning at an elevation point of approximately 1,010 feet above mean sea level
(the lower limit of such Air Rights) and extending to an elevation point of approximately 1,070 feet
above mean sea level (which will be the vertical limits of the upper limit of the conveyed Air Rights)
all lying within the boundaries of the Market Garage property and Tax Map Parcel 4015004.
Furthermore, the City will convey to South Commonwealth such necessary easements to enable
South Commonwealth to construct and operate a hotel on top of the existing Market Garage, to the
extent allowed by law.
Pursuant to the requirements of § §15.2- 1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on
the above matter at its regular meeting to be held on Monday, August 20, 2012, commencing at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4" Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further
information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, August 16, 2012.
GIVEN under my hand this 6th day of August , 2012.
Stephanie M. Moon,
Ctiry Clerk
PH- 4eorpmionM25('h.,OAve,SE,Wlkn Waagem South G Pe ,, LLCclevrfinaLare
Notice to Publisher:
Publish once in the Roanoke Times on Friday, August 10, 2012.
Send affidavit to;
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, VA 24011
(540) 853 -2541
Send Bill to:
Windsor - Aughtry Company
Attn: Mr. Gray Morgan
25 Woods Lakc Road, Ste 600
Greenville, SC 29607 -6125
(864) 679 -3636
PI of portion of25 Chu, eh All, SILM .IkO6- 1-Pm SnuN Commonwealth Ner ,. LI 00-11 fi'Wl '
COMMITTEE VACANCIES /REAPPOINTMENTS
August 20, 2012
VACANCIES:
Three -year terms of office to replace Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members
of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of
Richard Walters ending June 30, 2013.
Three -year term of office to replace Braxton Naff ending June 30, 2015; and an unexpired term of
Felicia Journiette ending June 30, 2014, as members of the Roanoke Neighborhood Advocates.
Three -year term of office to replace Jay Foster as a City representative of the Roanoke Valley -
Allegheny Regional Commission ending June 30, 2015.
Unexpired term of office of Deirdre Williams as a member of the Fair Housing Board ending
March 31, 2015.
Unexpired terms of office of Pam Kestner and Amy Ziglar as members of the Human Services
Advisory Board ending November 31, 2014.