HomeMy WebLinkAboutCouncil Actions 04-21-14TRINKLE
39904 - 042114
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 21, 2014
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. Council Member Lea 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:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Friday, April 25 at 7:00 p.m., and Sunday, April 27 at 4:00 p.m. Council meetings
are offered with closed captioning for the hearing impaired.
1
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 PRIOR TO 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.
2
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF
OFFICE:
ROANOKE NEIGHBORHOOD ADVOCATES
(ONE UNEXPIRED TERM ENDING JUNE 30, 2015)
VIRGINIA WESTERN COMMUNITY COLLEGE BOARD - ONE
VACANCY
(BUSINESS SERVICE, EDUCATION, ENGINEERING,
GOVERNMENT, PHARMACY, PUBLIC RELATIONS, REAL
ESTATE OR RETIRED)
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring Friday, April 26, 2014 as TAP Domestic Violence Services
Day.
The Mayor read the proclamation into the record and advised that it would be
mailed to TAP.
A resolution recognizing and congratulating the Rotary Club of Roanoke in the
celebration of its 100 Anniversary.
Adopted Resolution No. 39904 - 042114 (6 -0).
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.
Robert Gravely appeared before the Council.
4. CONSENT AGENDA
(APPROVED 6 -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. The Mayor
called attention to two requests for Closed Meeting from the Mayor and
Council Member Price.
3
C -1 A communication from the Mayor requesting that Council convene in a
Closed Meeting to discuss vacancies on certain authorities, boards, commissions
and committees appointed by Council, specifically nominations for the 2014 policy
committees of the Virginia Municipal League, pursuant to Section 2.2 -3711 (A)(1),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from Council Member Anita J. Price, Chair, City Council
Personnel Committee requesting that Council convene in a Closed Meeting to
discuss a personnel matter, being the resignation of the Director of Finance and the
process to fill the position, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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:
• Recommended Proposed Fiscal Year 20 minutes
2014 - 2015 Budget
ITEMS RECOMMENDED FOR ACTION:
1. Amendment of Sections 32 -216 and 32 -217 of the City Code to
include a definition of Civic Center and to clarify that the 9 percent
rate is to be imposed only on events held at any venue of facility or
venue within the Civic Center complex.
Adopted Ordinance No. 39905 - 042114 (6 -0).
0
2. Authorization to execute an agreement with Coca -Cola Bottling
Company Consolidated Operations, LLC, endorsing the City's
participation in the "Recycle and Win!" Program.
Adopted Resolution No. 39906 - 042114 (6 -0).
3. Approval of an encroachment in the right -of -way at 135 Salem
Avenue, S. W., for installation of a new stairway and gas meter
guard /enclosure.
Adopted Ordinance No. 39907 - 042114 (6 -0).
4. Donation of a 1995 Simon Duplex Ladder truck to the Virginia
Museum of Transportation.
Adopted Ordinance No. 39908 - 042114 (6 -0).
COMMENTS BY CITY MANAGER.
The City Manager shared the following comments
City's Fleet Ranked in Top 100 Fleets
• In April, the 100 Best Fleets in North America Contest selected the
city's Fleet Management Division as one of the Top 100 Fleets in
North America, out of 38,000 fleets in the United States and Canada.
• This year Fleet Management was ranked 65`h, which is its highest
position on the Top 100 list so far. In 2011 it was honored as the 68`h
best fleet operation and received honorable mention status in 2010
and 2013.
• The objectives of this competitive program are to identify outstanding
fleet operations, to provide recognition within the fleet industry, and to
promote ever - increasing levels of productivity and operational
effectiveness.
Roanoke Rated #7 in the Top 10 Cities with the Most Content Workers
• USA Today — April 5, 2014, article "Cities with the most content
workers."
• Gall up-Healthways Well -Being Index surveyed hundreds of
thousands of Americans in 189 metropolitan areas in the U.S. in 2012
and 2013 to determine the best and worst work environments.
• Roanoke was ranked #7 in the Top 10 Cities determined to have the
most content workers
• Some of Roanoke's Scores:
o Percentage of workers who feel they are treated with respect:
91.2 %.
5
o Percentage of workers who learned something new that day:
64.1%.
o Job satisfaction: 90.5°/x.
Upcoming Events
• Market Square Ribbon- Cutting Ceremony, Market Street at Campbell
Avenue, Thursday, April 24, at 11:30 a.m.
• Down by Downtown, April 24 - 26
o A celebration of the music and culture of Downtown Roanoke
0 20 music venues will be featured during these three days of
live music in conjunction with the Blue Ridge Marathon.
• Foot Levelers Blue Ridge Marathon, Saturday, April 26, 7:35 a.m.
• Full, Half, and Star K races start on Jefferson Street (just outside
Elmwood Park)
• Earth Day, Saturday, April 26, 10 a.m. - 4 p.m., Grandin Village
(Parking at the Raleigh Court Presbyterian Church)
• Featuring:
o Environmental Education
• Community Service Exhibits
• Eco- friendly Businesses
o Arts and Crafts
o Children's Fun
o Special Events
o Music
b. CITY ATTORNEY:
Adoption of a resolution waiving sovereign immunity with regard to an
agreement between the City and Comcast Business Services for the
provision of Internet service to the City at the Roanoke Valley
Regional Fire /EMS Training Center located at 1220 Kessler Mill
Road, Salem, Virginia.
Adopted Resolution No. 39909 - 042114 (6 -0).
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds
for the Juvenile Detention Home /Clinics 2014 - 2015 Program; and a report
of the Director of Finance recommending that Council concur in the request.
Kathleen Jackson, Budget and Reporting Analyst, Spokesperson.
Adopted Budget Ordinance No. 39910 - 042114 (6 -0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. Amendment of the City Code to revise the security requirements of dance
hall operators, to address concerns of the operators, and to establish
minimum requirements based on the number of patrons at the facility.
Adopted Ordinance No. 39911 - 042114, as amended (6 -0).
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Price invited everyone to the TAP Open House on
Friday, April 25 from 2:00 p.m. - 5:00 p.m., at 1633 Salem Avenue, S. W.,
to view the facility and learn of the resources and domestic violence
services offered by TAP. She further announced that the open house
will kick off for the Paint the Town Purple Campaign to raise funds for
domestic violence awareness.
Council Member Bestpitch announced that in honor of Earth Day a Tree
Planting Ceremony would be held in Vic Thomas Park on Tuesday,
April 22 at 3:00 p.m. He further announced that on Thursday, April 24 at
2:00 p.m., the Salem VA Medical Center would host a patriotic and
inspirational music performance group called Recreation in the
Building 5 Auditorium with no charge for admission; and a ribbon
cutting would be held on April 29, at the corner of Kirk Avenue and First
Street for Downtown Drug, a new drugstore and pharmacy for the
downtown area.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
12. RECESS - 4:19 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED MEETING
IN THE COUNCIL'S CONFERENCE ROOM; AND WILL RECONVENE AT
7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR
MUNICIPAL BUILDING.
7
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 21, 2014
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. Council Member Lea 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 Friday, April 25 at 7:00 p.m., and Sunday, April 27 at 4:00 p.m. Council meetings
are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Presentation by William B. Hopkins, Jr., for consideration to fill an upcoming
vacancy as a School Board Trustee, effective July 1, 2014.
No action taken.
The Mayor noted that the Council would hear citizen comments about the
three applicants seeking appointment to fill the two upcoming vacancies on
the School Board. Mayor Bowers further stated that selection of two
successful applicants would be announced at the May 5 Council meeting.
B. PUBLIC HEARINGS:
Receive the views of citizens regarding appointment of two Roanoke City
School Board Trustees for three -year terms commencing July 1, 2014. The
candidates are The Reverend Timothy P. Harvey, Lori E. Vaught and
William B. Hopkins, Jr.
No action taken.
2. Request of Unified Human Services Transportation Systems, Inc. (RADAR),
for exemption on certain real property located at 2930 Baker Avenue, N. W.
Maryellen F. Goodlatte, Esquire, Spokesperson.
Adopted Ordinance No. 39912 - 042114 (6 -0).
3. Request of Stacy L. Roberts to permanently discontinue, vacate and close
an approximately 40 foot long portion (400 square feet) of the alley behind
property located at 816 Munford Avenue, S. E. Stacy L. Roberts, Owner,
Spokesperson.
Adopted Ordinance No. 39913 - 042114(6 -0).
4. Request of John and Barbara Frantz to permanently discontinue, vacate and
close an approximately 2,921 square foot portion of the right -of -way of 5th
Street, adjacent to 502 Janette Avenue, S. W. John Frantz, Owner,
Spokesperson.
Adopted Ordinance No. 39914 - 042114 (6 -0).
Request of Barry C. Bellamy to rezone property located at 440 and 444 Elm
Avenue, S. W., and 808 5th Street, S.W., from RM -1, Residential Mixed
Density District, to CN, Commercial- Neighborhood District for future village
center use. Barry C. Bellamy, Owner, Spokesperson.
Adopted Ordinance No. 39915 - 042114 (6 -0).
6. Request of Ivy View, LLC, to repeal all conditions proffered as part of a
previous rezoning and amend the Planned Unit Development Plan as it
pertains to a portion of properties located at 2309 and 2331 Franklin
Road, S. W., pursuant to Ordinance No. 36925- 122004 adopted by the
Council on November 20, 2004. Maryellen F. Goodlatte, Esquire,
Spokesperson.
Adopted Ordinance No. 39916- 042114 (5 -0, Council Member Trinkle
abstained from voting.)
7. Request of MVG Development, LLC, to rezone property and repeal all
conditions proffered as part of a previous rezoning forthe property located at
3419 Orange Avenue, from CG, Commercial - General District, with
conditions, to CLS, Commercial Large Site District, with a condition,
pursuant to Ordinance No. 24626 adopted by the Council on May 29, 1979.
Sean Horne, Agent, Spokesperson.
Adopted Ordinance No. 39917 - 042114 (6 -0).
8. Request of the City of Roanoke Planning Commission to amend Section
36.2 -333, Floodplain Overlay District (F), Chapter 36.2, Zoning, Code of the
City of Roanoke, (1979), as amended, to address comments from the
Federal Emergency Management Agency (FEMA). Ian Shaw, Agent,
Spokesperson.
Adopted Ordinance No. 39918 - 042114 (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.
Melissa Miller and Chris Craft appeared before the Council.
CERTIFICATION OF CLOSED MEETING. (6 -0)
Nominations for 2014 -15 VML Policy Committees were as follows:
Finance - Court Rosen
Human Development and Education - Anita Price /Stephanie Moon Reynolds
Economic Development - Court Rosen/Wayne Bowers
General Laws — Dan Callaghan
Environmental Quality - Chris Blakeman
Transportation - Mark Jamison
10
Appointed Stephen Poff (Chief Magistrate) and John Varney (Public Defender)
as City representatives of the Court Community Corrections Regional
Community Criminal Justice Board for three -year terms of office, each, ending
June 30, 2017.
Waived City residency requirement for Harvey Brookins as a City
representative of the Hotel Roanoke Conference Center Commission. (6 -0)
Adopted Resolution No. 39919 - 042114 electing and appointing Amelia
Merchant as Acting Director of Finance, effective May 16, 2014. (6 -0)
D. RECESS - 7:56 P.M.
THE COUNCIL MEETING WILL RECONVENE ON THURSDAY, APRIL 24, AT 7:00 P.M.,
IN THE COUNCIL CHAMBER, FOR THE PURPOSE OF CONDUCTING PUBLIC
HEARINGS ON THE PROPOSED FISCAL YEAR 2014 - 2015 BUDGET AND HUD
FUNDING.
11
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
April 21, 2014
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 J. 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, April 21, 2014. Best wishes for a successful meeting.
Sincerely,
Sherman P. Lea
Council Member
SPL /ctw
Office of the Mayor
CITY OF '! ROANOKE
rocl��.a�i�c
WHEREAS domestic violence is a serious social ill that nearly three in ten
women and one in ten men will experience at some point in their lifetime, and
childhood exposure to abusive environments is a risk factor for transmitting
violent behavior from one generation to the next;
WHEREAS TAP Domestic Violence Services has served survivors of
domestic violence in the City of Roanoke since it was founded as the
Women's Resources Center in 1975, and continues to do so under the name
TAP Domestic Violence Services;
WHEREAS TAP Domestic Violence is fully accredited by the Virginia Sexual
and Domestic Violence Action Alliance, providing crisis intervention, case
management, emergency medical accompaniment, safety planning, and legal
advocacy to over 400 survivors each year;
WHEREAS TAP Domestic Violence Services is the only provider of
comprehensive non - residential supportive services to survivors of domestic
violence of its kind in the Roanoke Valley,
WHEREAS TAP Domestic Violence Services saves lives as demonstrated by
a 10 -year track record which reflects that there have been no domestic
violence related homicides for client receiving services from TAP Domestic
Violence Services; and
WHEREAS TAP Domestic Violence Services provides outreach to the
community to increase awareness about domestic violence and available
resources through attendance and /or participation at various community
activities and developing a Paint the Town Purple Campaign.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, in recognition of the valuable services TAP Domestic Violence
Services provides, do hereby proclaim April 26th, 2014 throughout this great
All - America City, as
TAP DOMESTIC VIOLENCE SERVICES DAY.
Given under our hands and the Seal of the City of Roanoke this twenty -first
day of April in the year two thousand andfourteen.
ATTEST.,
Steph nie Il4
City Clerk
A. Bowers
G% Awohzdolt
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21' dap of April, 2014.
No. 39904 - 042114,
A RESOLUTION in the Council of the City of Roanoke, recognizing and
congratulating the Rotary Club of Roanoke in the celebration of its 100th Anniversary.
WHEREAS, the Rotary Club of Roanoke became one of the first service clubs in the
Roanoke Valley at its organizational meeting on April 14, 1914;
WHEREAS, the Rotary Club of Roanoke has the honor and distinction of being 123rd
club to become a member of Rotary International, an international organization that
currently has more than 34,000 member clubs throughout tire world;
WHEREAS, the Rotary Club of Roanoke has demonstrated full commitment of its
members to service before self in members' projects and sponsorships including Renew
Roanoke, the Smith Mountain 4 -H Center, the Avoidable Blindness Project, the Bradley Free
Clinic, The Salvation Army, the Rescue Mission, the Military Families Organization, Read
Across America, and Blue Ridge Literacy;
WHEREAS, Rotarians from the Rotary Club of Roanoke have served with distinction
and commitment on numerous community organizations, including chapters of the American
Red Cross, Girl Scouts of America, March of Dimes, United Way, YMCA, the Bradley Free
Clinic, and Junior Achievement;
WHEREAS, the Rotary Club of Roanoke, in collaboration with the dedicated efforts of
Dr. Conrad Stone, assisted Kisumu, Kenya, a sister city of Roanoke, to start a school and
clinic by seeking and securing a $164,000 grant front Rotary Foundation and coordinating
this fundraising with the efforts of Dr. Stone in making numerous trips to Kenya to deliver
essential medical equipment and services;
WHEREAS, the Rotary Club of Roanoke celebrates one of its most significant
achievements in establishing the prestigious Paul Harris Fellowship through the Rotary
Foundation to spread the program and commitment of Rotary worldwide;
WHEREAS, the Rotary Club of Roanoke is the proud parent of eleven other clubs in
the greater Roanoke Valley region, including clubs for Bristol, Christiansburg- Blacksburg,
Lynchburg, Martinsville, Pulaski, Radford, Rocky Mount, Salem, North Roanoke, Downtown
Roanoke, and Roanoke Valley; and
WHEREAS, the Rotary Club of Roanoke will have its centennial anniversary
celebration on Friday, April 25, 2014, at The Hotel Roanoke and Conference Center.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
Rotary Club of Roanoke is recognized and congratulated in the celebration of its 100th
Anniversary as a truly community organization that places service to its community at the
pinnacle of its mission.
ATTEST. y
V4=epanie �
M on Rolds, MMC
City Clerk
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., SUITE 452
ROANOKE, VIRGINIA 240 11 -1 594
TELEPHONE: (540) 853 -2444
PAX: (540) 853 -1145
DAVID A. BOWERS
Mayor
April 21, 2014
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, specifically nominations for the 2014
policy committees of the Virginia Municipal League, pursuant to Section 2.2 -3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
4 �r+s*"~
David A. Bowers
Mayor
DAB:ctw
CITY OF ROANOKE
CITY COUNCIL
.w 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
Mavor
April 21, 2014
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 J. Price
Court C. Rosen
David B. Trinkle
I wish to request that Council convene in a closed meeting to discuss a personnel matter,
being the resignation of the Director of Finance and the process to fill the position,
pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended.
Sin
r"- - I 1�
Anita J. Price, Chair
City Council Personnel Committee
AJ P: ctw
FY 2014 -2015
Recommended Budget
IWW April 21, 2014
ROANOKE
FY 2014 -2015 Budget
Recommended budget is balanced and meets the priorities
established by Council
Budget Totals - $260,222,000
- Increase of $189,000 or 0.1%
- No increase in real estate or other local tax rates
- Maintain current levels of core services with limited service
enhancements
- Includes no base pay increase for employees
2
o? Prn ,(3rilif rg
1
Management of Budget Balancing
Focus on achieving outcomes
a Continuation of restrictive managed hiring process
Efficiency and sustainability efforts
3
Price of Government
Revenue Estimate by Major Category
Fiscal Year 2015
3.%
et%
(in Millions) tyse .r,ap.ry na
Property Tax $ 106.6 t a._ nmwso"a�nwnoi
Intergovemreental 66.6 Wrertrc,I n,R
Other local Taxes 56.6 a StlxaTas
Sales Tax 19.2
Other Revenue 15.2 u omen--
Total $ 260.2
356%
Revenues up. i% when comparing the FY15 estimate to the FY14 Adopted Budget
4
2
$209,000 Increase in FY15 Revenues
since April 7, 2014 Estimate
General Property Tax
Other Local Taxes
Permits Fees and Licenses
Fines and Forefeitures
Revenue from Use of Abney /Property
Health and Welfare Funding from Commonwealth
Other Funding from Federal and State
Charges for Services
Intemal Services
Other Revenues
Total General Fund Revenues
FY15 $ Growth/ FY15
Estimate (Decline) Estimate
as of 417114 as of 4121/14
$ 105,629,000 $ 450,000 $ 106,079,000
73,625,000
178,000
73,803,000
1,171,000
40,000
1.211,000
1,320,000
(44,000)
1,276,000
142,000
43,000
185,000
28,080,000
(70,000)
28,010,000
38,596,000
32,000
38,628,000
8,581,000
(440,000)
8,141,000
2,285,000
-
2,285,000
584,000
20,000
604,000
$ 260,013,000 $ 209,000 $ 260,222,000
5
$189,000 or 0.1% Increase in FY15
Revenues from FY14 Adopted Budget
General Property Tax
Other Local Taxes
Permits Fees and Licenses
Fines and Forefeitures
Revenue from Use of Money /Property
Health and Welfare Funding from Commonwealth
Other Funding from Federal and State
Charges for Services
Internal Services
Other Revenues
Total General Fund Revenues
FY14 $Growth/ F
ma
Adopted (Decline) Estima te
as of 4121114
$ 105,388,000 $ 691,000 $ 106,079,000
74,518,000
(715,000)
73,803,000
1,034,000
- 177,000
1,211,000
1,592,000
(316,000)
1,276,000
214,000
(29,000)
185,000
27,345,000
665,000
28,010,000
38,377,000
251,000
38,628,000
8.508,000
(367,000)
8,141,000
2,507,000
(222,000)
2,285,000
550.000
54,000
604,000
$ 260,033,000 $ 189,000 $ 260,222,000
6
3
FY15 School Funding
Revenue Adjustments /Enhancements
Fee Title
Current
Fee/Rate
Proposed Fee /Rate
Incremental
Revenue
Description
FY1..MpYp
FY,..�Y,r.
v$MPF.
$60,000
V]ROU
Om
R—d
uzlnm0
r.,m6
FY1 6aMSW
pennit tees which
tlapW
RarbM
$1,&C t0A000-MC
R.rYtl
PM.tlE.nt
Fees
$2A+e:5AC -10AC
FiMUY
E.MY
Rnaun\
Vveenl
P—nt
CvYpary
YN14
- -f FY A1.
"r.l.
FY Wip
CDmp._.
FYA16
pRennu
OXYnnu
iav ESamare
tAggpW
f Isi2" O
{ OM.oW
E 1]Y8B.
1 I04M)
1001 %)
+9etl Dyl:ammarnetM
PeioYl
DDrt.D]0
$60;$FR
0tl1Y
R.rmuel6uDKK1b 6NXrp xW 9cDeeY
1]]M]pW
1 {]}]0.000
N ;WO
tf]pLPoO
R.ppp)
111A1 ;)
D.aw1D>aF
$5W,6AC -1WC
am; 1WC -5WC
mu DleYeliev¢Demto + meN VNYmnn ROetl DISYCb
bl/Itn
66p,gq
-
060MA
22.LO0
9I!%
wlTaresddrsYtlb Reporeliou�vn MarAeOry
.].KU
tl6.dp
y5,gp
11.IpD
2]2%
oulivus DeOlubtlblry Vlew Fe�Mnarce 1plaaMM
1]OpW
tAKO
-
1AfOO
n0.fW)
j]Op1{I
LUw LVeSDWlabtlb
12,M
-
191AX,
(60Ap1{I
r..Drywla.ROmum00�e.n.M
oran.. :owlreYtlmc.nare sbY: P.MnumnyYYl.p
11O.
,pl opo
lamp
a.ax
mYlDee�ma
,pifi.poo
I,A6pb
-
1.N6040
n +�app1
Ita1{I
ea��btl a...na sm�.nm sm.�p mYSmoom
pm
�
1eex5mo
e].ppp
oo{x
urupe of pa uba.
eMp
os
nose
at4cnaoS
FUM S,
{ ]I.WOMO
f NA]AM
{ M1m]
] ]..MtbO
{ N1W
00Ex
Revenue Adjustments /Enhancements
Fee Title
Current
Fee/Rate
Proposed Fee /Rate
Incremental
Revenue
Description
Virginia Stormwater
N/A
v$MPF.
$60,000
Collectlonof VSMP
Management Program
QW:$FR
pennit tees which
(VSMP) Permit Issuance
$1,&C t0A000-MC
were formerly
Fees
$2A+e:5AC -10AC
collected by the State
Wile; 1WG-50AC
(rates set by the
U.=:5WC -10WC
State)
$Q91200iAC.
VSMP WIManRnw F.
$60;$FR
$100:10.000pf- WC
$5W,6AC -1WC
am; 1WC -5WC
$900: !MC -10WC
$1. 0 ,1OWC.
VSMPMo IIfi MIonTMmi{rF.
120;$FR
$200; 10.000if -6AC
$260: MC-1W
$$00;1 0AC -50AC
$160; 6WC -100PC
$M. IO C.
n
Revenue Adjustments /Enhancements
(Continued)
Fee Title
Current
Proposed Fee/Rate
Incremental
Description
($2,078,633)
Fee /Rate
$1,291,511
Revenue
$10,649,355
Boats Of Zoning Appeels,
Peitl directly by
$425
$15,300
Process change in
Rezoning, Street Alley
applicant
covering the cost of
Advertising Fees
legal advertisements
for applicants
Off Street Parking
$7.50: 7 days late
$15.00:15 or more tlays late
$0
Adjusting fees to align
Violation Late Payment
$15.00: 14 or
with on- street parking
Fees
more days late
violation late payment
fees
Off Street Parking Fines
$10- Failure to
$20- Failure to
$0
Adjusting fines to
Pay Honor Box
Pay Honor Box
align with on- street
$t0-
$125 - Handicapped
fines
Handicapped
Parking
Parking
$25- Improper Placard
$10- Improper
Display
Placard Display
tility Fee
$0
$.30 per 500sf of impervious
$2,000,000
Additional revenue to
surface
provide for increased
r
maintenance of
stormwater assets
9
Reserved Allocations
Within the Price of Government:
Transfer to Debt Service
$13,562,893
Personnel Lapse (Salary, FICA, Retirement)
($2,078,633)
Budget Contingency
$1,291,511
Other (Medical, Dental, 401h, Civic Center Subsidy, GRTC Subsidy,
WIC, Misc Contingencies, Budget Reserves, Line of Duty, Memberships,
CCAP, Affordable Care Act)
$10,649,355
10
5
Budget Committee Review
Within the Price of Government:
Priority
Fleet Capital
$1,713,250
Radio Capital
$442,799
Technology Capital
$600,000
11
me
Priority
Allocations
Ecmnmy
Humen Sanra_
$1,340]79
$34,936.234
1%
14%
NmGapadm arRal
$23,425.126
ONS6.1 A9al9
9
$14 1554
$8.144.209
2%
Ln�Ity
$15,140,27
6%
GOW GOVartxneM
$16,612698
6%
Hh S"C[um
Eduodm
$21,777.273
$76.129.483
e%
29%
12
me
Education
Within the Price of Government:
Roanoke City Public Schools
$74,541,200
Library Core Community Services
$1,213,084
Library Services to K -12
$182,740
Library Early Literacy Services
$171,627
Summer Reading Camp
$20,832
One Time Funding:
Youth Services Initiative (NEW) $25,000
13
Safety
Within the Price of Government:
Police Patrol
$11,225,067
Building Safety
- Combination Inspector II for Increased Demand and Accreditation
(1.0 FTE) (Supplemental)
$602,755
$57,073
Police Investigations and Support
$4,742.597
Traffic Signals
$643.842
Police Administrative Services
$2,196,503
Fire Prevention/ Inspection/ Investigation Division
$478,648
Jail Operations
$13,325,184
Signs and Pavement Markings
$643,760
Street Lighting
$1,133,989
Emergency Management
$87,613
14
7
Safety
Within the Price of Government:
Police Academy
$600,517
Fire and Emergency Medical Services Operations
$16,436,624
Sheriffs Office Operations
$3,350,310
911 Operations
$3,008,266
Police School Resource Officer
$546,507
City Prosecutors
$1,621,451
DARE Program
$207,775
Roanoke City Victim Witness Program
$38,701
Fire -EMS Training Division
$517,248
Residential Juvenile Detention Services
- Specialized Probation Officer (1.0 FTE) (Supplemental)
$917,475
$54,034
15
Safety
Within the Price of Government:
Drug Prosecutor
$48,445
Fire /EMS — Support and Administration Services
$740,812
Office of the Magistrate
$6,841
Administrative Support of Juvenile & Domestic Relations District Court
$32,326
Police Animal Control and Protection Unit
$445,223
Administrative Support of Roanoke City General District Court
$28,872
Enhanced Community Services (VJCCCA)
$72,154
Roanoke Emergency Medical Services (REMS)
$100,000
Outreach Detention/ Electronic Monitoring
$252,730
Support Circuit Court Judges
$552,649
16
:.1
Safety
One Time Funding:
Regional Fire Training Center Capital Building Maintenance
$59,400
Regional Fire Training Center Roof Repair
$55,000
Code Book Updates
$14,000
17
Human Services
Within the Price of Government:
Social Services — Benefit Programs Division
- Benefit Program Specialist 1 (2.0 FTE) (Supplemental)
$5,341,157
$78,740
Employment Services Programs
$1,621.696
Social Services — Family Services
$14,536,943
Comprehensive Services Act
$9,919,057
Human Services Support
$120,813
Social Services — Administration
$2.474.913
Probation, Parole and Intake Services
$33,778
Youth Haven
$524,365
Substance Abuse Counselor (VJCCCA)
$55,226
Resource Parent Training
$184,226
Homeless Assistance Team HUD Grant - Match
$45,320
18
L
Infrastructure
Within the Price of Government:
Bridge Safety Inspection Program
$292,951
Street Maintenance
$1,202,690
Paving Program
$3,275,022
Bridge Rehabilitation and Renovation
$643,275
Facilities Management - HVAC
$577,217
Technology Infrastructure Support
$1,935,580
Snow Removal
$110,826
Development Review & Inspection
- Combination Inspector 1 (0.6 FTE) (Supplemental)
$248,428
$26,077
Facilities Management - Mechanical Maintenance (Electrical, Plumbing &
Welding)
$694,504
19
Infrastructure (continued)
Within the Price of Government:
Fleet Maintenance and Repair
$2,512,950
Fleet Motor Fuel
$69,314
Facilities Management - Bldg Maint. Division Contracts & Service
Agreements
$463,345
Median and Right of Way landscape Maintenance
$1,263,173
Radio Technology Support
$537,890
Sidewalk Repair & Maintenance
$319,944
Environmental Compliance and Best Management Practice
$216,950
Facilities Management- City Utilities and Work Order Management
$1,057,418
Civic Center HVAC Required Frequency Preventive Maintenance
$68,182
Map and Graphics Production
$94,757
20
10
Infrastructure (continued)
Within the Price of Government:
Facilities Management - Structural Maintenance
$628,444
Library Technology and Innovation
$22,600
Facilities Management- Municipal Complex Maintenance
$534,737
Capital Project Management Services
$702,540
Alley Maintenance
$427,575
Geographical Informations Systems
$333,333
Facilities Management - Custodial Services: Cleaning of City Facilities
$683,180
SWM Containers and Distribution
$105,016
Parking Garage Preventive Maintenance
$36,741
Fleet Vehicle Wash Program
$36.565
21
Infrastructure (continued)
One Time Funding:
SWM Automated Container Replacement
$92,333
Capital Building Maintenance
$114,000
Fleet Capital
$200,000
Technology Capital
$100,000
Street Paving
$203,049
Capital Project Contingency
$46,951
22
11
Good Government
Within the Price of Government:
Real Estate Taxation
$1,692,121
Permit Center
- Development & Building Coordinator 1 (1.0 FTE) (Supplemental)
$216,517
$33,252
Personal Property Tax Administration and Motor Vehicle License
$867,744
Taxation Programs Commonwealth of Virginia
$181,255
Risk Management and Worker's Compensation Administration
$764,356
Business License Taxation
$313,293
Safety Training/Loss Prevention and Control
$72,607
Set Off Debt Collection Program
$55,507
Miscellaneous Revenue Collections and Administration
$107,613
Human Resources - Salary Administration
$207,229
Other Local Trust Taxes
$147,347
Auto and General Liability Claims Administration
$61,255
23
Good Government (continued)
Within the Price of Government:
Business Applications Support
$1,379,362
Accounts Receivable Billing and Collections Services
$352,657
Retirement Plans Administration
$492,509
Cash Management and Investment Services
$221,944
Payroll
$263,132
Legal Counsel
$952,272
Accounts Payable
$303,741
Procurement Services
$387,247
Leadership, Management and Oversight
$809,484
Human Resources - Benefits Administration
$154,496
Circuit Court Clerk Performance of State Mandated Duties
$1,562,736
Budget Development
$283,833
24
12
Good Government (continued)
Within the Price of Government:
Budget Administration
$137,827
Human Resources - Employment Services
$297,508
Handle Collection of Court Costs and/or Fines for the Roanoke City
Courts
$85,306
Fund Accounting & Financial Reporting
$611,417
City Council
$242,381
Conduct of Elections - Local /State/Federal
$238,266
Board of Equalization
$11,533
Performance Auditing
$433,498
Voter Registration Services
$119,194
Coordinate Annual Independent Audit of City CAFR
$155,322
Human Resources - Employee Health Services
$631,372
25
Good Government (continued)
Within the Price of Government:
Technical support and administrative services to Constituents
$437,762
Human Resources - Employee Training & Programs
$441,396
Public Information: Make City News Accessible and Promote the City of
Roanoke
$149,235
Contract Management Services
$88,111
Capital and Financial Planning
$168,803
Audit of Sheriffs Office Internal Controls
$3,200
Provide Management, General Administrative, and Departmental Support
Services
$163,429
Fraud, Waste and Abuse Hotline
$58,719
Travel Policy Administration
$28,044
RVTV: Roanoke Valley Television
$218,466
Parking Contract
$8,400
OL
13
Good Government (continued)
One Time Funding:
VML Conference (host city)
$75,000
Registrar— precinct realignment, printers for electronic pollbooks, optical
scanner and ballot container, additional temp wages
$80,397
Clerk of Circuit Court — records management PC and hardware
replacement
$25,000
Grant Match Contingency
$100,000
27
Livability
Within the Price of Government:
Planning & Urban Design Services
-- Combination Inspector t (0.4 FTE) (Supplemental)
$828,106
$13,038
Traffic Engineering, Transportation Planning, and Project Management
$545,036
Urban Forestry
- Urban Forestry Requests (Supplemental)
$858,409
$2,000
Code Enforcement
$1,100,665
Libraries — Books and Materials
$597,001
Landscape Management
- Landscape Management Requests (Supplemental)
$981,890
$41,722
Park Management
—Park Management Requests (Supplemental)
$886,410
$36,363
Neighborhood Library Services
$1,175,985
SWM Recycling Collection
$426,398
28
14
Livability (continued)
Within the Price of Government:
Community Recreation
$839,510
Outdoor Education
$566,656
SWM Central Business District Trash /Recyding Collection
$207,567
SWM Collection Inspectors
$190,239
Athletics and Aquatics
$916,136
SWM Trash Collection
$3,056,339
HUD General Administration S Internally Operated Housing Programs
$25,750
Neighborhood Support (Office of Neighborhood Services)
$116,575
Community Sustainability, Programming
$217,440
SWM Brush Collection/Leaf Collection
$302,896
SWM Bulk Collection
$913,482
SWM Physically Challenged Service
$192,021
SWM Operations (Call Center)
$102,573
2s
Livability (continued)
One Time Funding:
Greenways and Trails $200,000
30
15
Economy
Within the Price of Government:
Business and Workforce Development
$1,085,681
Asset Promotion for Economic Development
$66,956
Asset Development for the Economy
$110,619
Brownfield Redevelopment Program
$27,557
Percent ( %) for the Arts (staff support)
$18,555
Asset Development for Economy and Education — Roanoke Arts
Commission
$31,411
One Time Funding:
Percent for Art $38,900
31
Outside Agencies
Within the Price of Government:
Blue Ridge Behavioral Healthcare
$448,890
DRI - Special Event Coordination
$135,000
Health Department
$1,475,000
Mill Mountain Zoo Funding
$33,120
Regional Center for Animal Care and Protection
- Operating funding (Supplemental)
$736,000
$87,270
Roanoke Valley Greenway Commission
$41,010
Virginia Western Community College - Scholarships & Capital Support
$10,579
Western Virginia Education Classic
$3,600
Roanoke Regional Chamber of Commerce Small Business Development
Center
$10,000
Roanoke Valley Convenfion & Visitors Bureau
$1,455,375
Center in the Square
$285,760
Roanoke Regional Partnership
$204,186
32
16
Outside Agencies (continued)
Within the Price of Government:
Total Action for Progress
$160,000
Markel Building Support (resumption of operating support)
$150,000
Roanoke Arts Commission
$269,220
Human Services Committee
$409,052
Taubman Museum of Art
$70,000
Roanoke Community Garden Association, Inc.
$10,000
Virginia Amateur Sports
$56,000
Virginia Cooperative Extension
$67.267
Miss Virginia Pageant
$9,600
NCAA Championships for the City of Salem
$2.880
Roanoke Valley Sister Cities
$10,800
Roanoke Valley Horse Show
$3,600
33
Outside Agencies (continued)
One Time Funding:
YMCA
$100,000
Virginia Museum of Transportation
$100,000
Jefferson Center
$100,000
Arts Endowment
$250,000
34
17
Pension Plan
Cost of Living Adjustment (COLA)
• Cost of Living increase for retirees is formula based
• 2/3 of Consumer Price Index -Urban
• not to exceed active employee pay raise
• capped at 4%
• Retiree COLA will be 0% for eligible members effective
July 1, 2014
Capital Project Planning
• Maintain current Capital Assets
• Infrastructure Investment for Economic Development and Livability
• Bridge Renovation /Replacement
• Curb, Gutter and Sidewalk
• Streetscape Projects
• Storm Drains
• Civic Center
• School Maintenance
Targeted Livability Investments
• Parks and Recreation Master Plan
• Libraries
Investments made within parameters of debt policy.
35
36
iu.
Debt Issuance Planning
FY 2015 -2019
Project
2015
2018
2017
2018
2019
Trial
RCPS
$ 5,000,000 $
8,500,000 $
5,000.000 3
5,000,000 $
5,000,000 It 28,500,000
Bridge Ronolalion
3,800,000
5,650,000
6,9001000
3,100,000
3,250,000
22,700,000
Library Master Plan
3,093,000
2,857,000
2.M0,00D
2,17D,000
500,000
11,340,500
PSR Master Plan
1,000,000
1,000.000
2,500,000
2,500,000
2,500,000
9,500,000
CMC Center
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
5,000,000
Slonnwater management
1,120,000
1,120,000
1,120,000
1,120,000
1,120,000
5,600000
Cub, Gutter and Sldewduk
1,000,000
1,000,000
1,000,000
1,000,000
1,000000
5,000,000
Street S.Pas
500,000
-
500,000
-
1,000,000
Fire Facility Master Plan
750,000
-
5,Oo0A00
5,750,500
911 Center
250000
250,000
Passenger Fall lnfrastmcture
3000,000
2,500,000
-
-
-
5,500,000
Broadbantl
2,000000
-
-
-
2,000,000
$ 22,013,000 $
24,127,000 $ 20,240,000 S
16,390.000 $ 19,370,000 S 102,140,000
Told
Debt Ratio
893%
9.50%
9.00%
9.23%
8.94%
37
FY 2015 Cash Funding
for One -Time Expenses
F ndina Amount
Excess Debt Service Funding $1,789,554
Economic and Comnasity Development Reserve $200000
TOTAL FUNDING $1,989,554
Capital Contributions
Amount
YMCA of Roanoke Valley (3rd of 5 lnstalknents)
$100,000
Virginia Museum of Transportation (2nd of 5 lnstainel
$100,000
Jefferson Center (2nd of 5 lnstalhnents)
$100,000
Arts Endowment
$250,000
TOTAL FUNDING
$550,000
Greenways and Trails
$200,000
One Time Funding and Operating Capital (Capital
Building Maintenance, Fleet Replacement,
$1,053,703
Percent for the Arts
$38,900
Grant Match Contingency
$100,000
Capital Project Contingency
$46.951
TOTAL
$1,439,554 38
19
Budget Calendar
-Budget Public Hearinq
•April 24, 2014
•7:00 p.m. (Council Chamber)
-General Fund and HUD
-Council Briefing /Budget Studv
• May 5, 2014
•9:00 a.m. (Council Chamber)
-Budget Adoption
• May 12, 2014
•2:00 p.m. (Council Chamber)
39
20
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Pax: (540)853 -1145
F —U. A—Le6 �nnnn 4nvn nnv
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39905 - 042114 amending Section 32 -216,
Definitions, and Section 32 -217, Levied; rate, of Article IX, Admissions Tax, of
Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to clarify that
the 9% rate of the admissions tax only applies to tickets sold for events held at the
Roanoke Civic Center.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, and is in full force and effect upon its
passage.
in I.
(�p eianie Moon Reynolds, MMC
U 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Robyn Shon, General Manager, Roanoke Civic Center
,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39905- 042114.
AN ORDINANCE amending Section 32 -216, Definitions, and Section 32 -217,
Levied; rate, of Article IX, Admissions Tax, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, to clarify that the 9% rate of the admissions tax only applies to
tickets sold for events held at the Roanoke Civic Center, establishing 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 that:
1. Section 32 -216, Definitions, of Article IX, Admissions Tax, of Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Sec. 32 -216. Definitions.
The following words and phrases, when used in this article, shall have the
following respective meanings, except where the context clearly indicates a
different meaning:
Place of amusement or entertainment: Any place in the city, including the
Roanoke Civic Center and Vietery Stadt. °r on•a ""°' -era wherein or whereat
any of the following are located, conducted, performed, exhibited or operated and
for which an admission charge is made: A circus, a carnival, a menagerie, a
moving picture show, a fair, a show or an exhibition of any kind; a dance, a
baseball, basketball or football game; a wrestling match or a boxing match or a
sport of any kind; a swimming contest or exhibition; a swimming pool; a concert;
a theatrical, vaudeville, dramatic, operatic or musical performance or a
performance similar thereto; a lecture, talk, literary reading or performance
similar thereto; an attraction such as a merry -go- round, ferris wheel, roller
coaster, leap- the -dips or the like; an automobile race,a midget auto race, or a
horse race, a horse show; an ice skating or roller skating rink or arena; or any
other public amusement, performance or exhibition. The foregoing enumeration
of specific amusements and entertainments shall not be deemed to exclude other
amusements and entertainments otherwise within the meaning of those words.
Roanoke C'ivle Center: For proposes of this Article, the Roanoke Civic Center is
defined as that complex of venues located at 710 Williamson Road, N.E.,
Roanoke, 1'A 24016, bearing Official Tax Map No. 3024004, which complex of
venues includes, but is not limited to, the Coliseum, the Special Events Center, the
Performing Arts Theatre, and exhibits halls, as such venues and complex may be
rrnodified or expanded.
2. Section 32 -217, Levied; rate, of Article IX, Admissions Tax, of Chapter
32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
Sec. 32 -217. Levied; rate.
A tax on the amount paid for the admission to any place of amusement or
entertainment is hereby levied upon and shall be collected from every person who
pays an admission charge to such place. The rate of this tax shall be (i) nine (9)
percent of the stated admission charge for each person admitted or for each ticket
sold at any of the venues at the Roanoke Civic Centereit ei ie eenters stadiums
and ,..^,�tr-es, and (ii) five and one -half (5.5) percent of the stated admission
charge for each person admitted or for each ticket sold at all other places of
amusement or entertainment. If any person is admitted free to any place of
amusement or entertainment at any time when an admission charge is made to
other persons, no tax shall be levied upon such person so admitted.
3. This ordinance shall be in full force and effect immediately upon its passage.
4. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTES ; 1
!, J' ;L <t�i ity Clerk.
2
s�
O
COUNCIL CITY AGENDA • . •
+a
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Amendment to City Code - Admissions Tax
Background:
On May 12, 2003, City Council adopted an amendment to City Code with regard to
the assessment of the admissions tax on events conducted within the City. The
amendment increased the admissions tax rate from 6.5% to 9% for events held at
the City's civic centers, stadiums and amphitheatres. The tax rate was reduced
from 6.5% to 5.5% at all other places of amusement or entertainment. State Code
(Section 58.1 -3817) enables localities to establish different tax rates at various
venues.
The rate was increased for events held at the City's civic centers, stadiums and
amphitheatres for the purpose of generating incremental revenue to fund the debt
service cost associated with bonds issued to facilitate Phase II of improvements to
the Roanoke Civic Center. Phase II included the construction of the Special Events
Center, administrative offices, and other improvements. The inclusion of stadiums
and amphitheatres at the 9% rate was intended for the facility that was planned to
be constructed at the Courtland Road site and to be managed as a part of the Civic
Center complex.
Considerations:
While the 9% rate has been imposed on events held at the various venues at the
Civic Center complex, the 5.5% rate has been imposed at events held at all other
City facilities, including the Elmwood Park Amphitheatre and the high school
stadiums. Amendments to City Code are needed to include a definition of Civic
Center and to clarify that the 9% rate is to be imposed only on events held at any
venue or facility within the Roanoke Civic Center complex. The 5.5% rate will
remain in effect for all other venues within the City.
Recommended Action:
Adopt the attached ordinance amending Section 32 -216 of the City Code to include
a definition of Civic Center complex and amending Section 32 -217 to clarify that
the 9% rate is to be imposed only on events held at any venue of facility or venue
within the Civic Center complex.
(C: - -----------------------
ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39906 - 042114.
RESOLUTION authorizing the City Manager to execute a Program Agreement between
the City �nd Coca -Cola Bottling Company Consolidated Operations, LLC, for participation in the
Recycle �nd Win! Program, and to execute such other documents and to take such further actions as
may be necessary to implement and support such program.
BE IT RESOLVED by the Council of the City of Roanoke that:
The City Manager is hereby authorized to execute an Agreement with Coca -Cola
Bottling I Company Consolidated Operations, LLC, for participation in the Recycle and Win!
such Agreement being substantially similar to the Agreement attached to the City Council
Agenda �eport dated April 21, 2014, and upon such terms and conditions as are more particularly
in such City Council Agenda Report.
The City Manager is hereby further authorized to execute such other documents and
take fu4er actions as may be necessary to implement and support such program, such documents to
be approved as to legal form by the City Attorney.
-� REPORT
IF
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Authorization for an Agreement with Coca -Cola Bottling
Company Consolidated Operations, LLC for a "Recycle and Win!"
Program
Background:
The City of Roanoke's curbside recycling program continues to be a strong
element of environmental sustainability efforts. Representatives from Coca -
Cola Bottling Company Consolidated recently approached the City's Solid Waste
Management staff with an opportunity for City residents to again participate in
this Coca -Cola sponsored program. The City of Roanoke previously participated
in this same program in 201 1 .
Coca -Cola Bottling has the unique ability to communicate with and connect to
its strong consumer base in the community and desires to promote recycling
and environmental awareness within the City through the development,
implementation and administration of a program known as "Recycle and Win!"
Utilizing a list of mailing addresses of all City residences that can participate in
the City's recycling program, Coca -Cola would send an educational mailer to all
such residences regarding the parameters of the City's recycling program as
well as instructions on how to participate in the "Recycle and Win!" program. A
resident would participate by placing a program sticker (furnished by Coca -
Cola) on a curbside recycling bin (participation is strictly voluntary). A Coca -
Cola staffed "prize patrol" would visit neighborhoods on recycling days for a
period of six months looking for curbside recycling bins that display the
program sticker. Each month, the prize patrol would select a minimum of 45
eligible residents that are determined to be recycling in accordance with the
parameters of the City's curbside recycling program as program winners. The
prize patrol would work to ensure that winners are distributed across the City.
Each program winner will receive a fifty dollar Kroger retail gift card which
Coca -Cola will be responsible for providing.
Considerations:
An agreement between the City of Roanoke and Coca -Cola Bottling that covers
all necessary elements of the program will require City Council authorization for
execution by the City Manager. A subsequent kick -off event for this program
will be scheduled during the month of May.
Recommended Action:
Approve the terms of the Program Agreement between the City and Coca -Cola
Bottling Company Consolidated Operations, LLC, as set forth in the attachment
to this report thereby endorsing the City of Roanoke's participation in the
"Recycle and Win!" program.
Authorize the City Manager to execute a Program Agreement between the City
and Coca -Cola Bottling Company Consolidated Operations, LLC, substantially
similar to the one attached to this report, and to execute such other documents
and take further actions as may be necessary to implement, support, and
enforce such Agreement, with the form of such Agreement to be approved by
the City Attorney.
a.
- --------------- - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
F
RecNrele and Win'. Program Agreement
This RECYCLE AND WIN! PROGRAM AGREEMENT (this "Agreement ") is made and
entered effective as of the May 1, 2014 (the "Effective Date ") between CCBCC OPERATIONS,
LLC, with principal offices in Charlotte, NC (the "Bottler "), and the CITY OF ROANOKE (the
"City").
WHEREAS, the Bottler has the unique ability to communicate with and connect to its strong
consumer base in the community and desires to promote recycling and environmental awareness
within the City, through the development, implementation and administration of a program
known as "Recycle and Win," which is more fully described in Exhibit A attached hereto (the
"Program "); and,
WHEREAS, the City has, as one of its primary missions, the responsibility for responsible waste
management within the City limits and desires to promote such mission through its participation
in the Program.
NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and
agreements made herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Bottler and the City agree as follows:
1. The term of this Agreement will commence on the Effective Date and shall end on
November 19th, 2014, unless sooner terminated in accordance with Section 8.
2. Except as otherwise described herein, the Bottler will be responsible for developing,
implementing and administering the Program, and any and all expenses incurred in connection
therewith. Notwithstanding the foregoing, the City acknowledges and agrees that the Bottler
may, subject to prior written approval from the City, through Mr. Bob Bengtson, Director of
Department of Public Works), ( "Director "), or the Director's designee which approval shall not
be unreasonably withheld, involve other corporate partners in carrying out any of its obligations
hereunder. Attached hereto as Exhibit B is a list of preapproved corporate partners. In the event
that Bottler involves other corporate partners, Bottler shall be responsible to the City for the
conduct and activities of such corporate partners with regard to the Bottler's obligations
hereunder.
3. The Bottler will submit to the Director, and the City will have the right to approve within
thirty (30) days of receipt from the Bottler, which approval will not be unreasonably withheld or
delayed, any promotional or educational materials (including the Educational Mailer, as defined
below in Section 4) or any advertising campaigns prepared by the Bottler with respect to the
Program that include the City's name or logo(s). Bottler shall ensure that all printed promotional
or educational materials related to the Program and distributed to the public will be printed on
recycled paper.
4. Prior to implementing the Program, the Bottler will prepare an Educational Mailer that
will include reasons to recycle, what items can and cannot be recycled, how to recycle in
accordance with the parameters of the City's curbside recycling program and instructions on how
to participate in the Program, including a statement that, by placing a Program sticker on a
curbside recycling bin, the resident consents to the visual observation of the contents of any
curbside recycling bin by members of the Recycle Patrol. The City shall have the right to review
and approve such education mailer before it is printed for distribution, and such approval within
five (5) business days shall not be unnecessarily withheld. The City will provide the Bottler with
a list of mailing addresses of all residences that can participate in the City's curbside recycling
program. The City may update the list as more residences receive access to curbside recycling.
The Bottler will be responsible for mailing the Educational Mailer, along with the participation
stickers, to all such residences. Bottler will make good faith efforts to ensure that Program
stickers are distributed only within the City limits to residents that can participate in the curbside
recycling program.
5. Upon request by the City, the Bottler will provide educational materials and a list of
FAQs for designated City staff to enable them to provide interested residents with information on
the Program. The information provided by the City will be in addition to the educational
material and participation sticker mailed by the Bottler.
6. The parties agree that City shall be the primary source of information regarding the
Program. As such, the Bottler may refer any and all citizen questions and inquiries regarding the
Program including, but not limited to, prize winners and prize winner selection methodology to
City. The parties further agree that City is the primary source of information regarding the
City's curb side recycling program. As such, the Bottler shall refer any and all citizen questions
and inquiries regarding the City's curb side recycling program, other than with respect to the
Program, to the City.
7. The Bottler will follow all applicable laws and regulations in developing, implementing
and administering the Program. This shall include, but is not limited to, all applicable laws and
regulations governing contests, sweepstakes, and promotions. In addition, Bottler will be
responsible for securing all necessary permissions and approvals for use of third -party
trademarks, service - marks, copyrighted material, and other intellectual property.
8. Either party will have the right to terminate this Agreement at any time during the term of
this Agreement if the other party breaches any material term or condition of this Agreement and
fails to cure such breach within fourteen (14) calendar days after written notice of the breach is
received by such party.
9. Any and all notices or communications between the parties with respect to this
Agreement shall be deemed given when made in writing and delivered by hand or sent by first -
class mail (registered or certified, with return receipt requested), overnight courier (guaranteeing
next business day delivery) or by facsimile (followed by first class mail confirmation), to the
address of the party appearing under its name on the signature page below (or to such other
address as may be designated in a notice given hereunder).
2
10. This Agreement shall not be assigned or transferred by either party without the prior
written consent of the other party. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and permitted assigns. No waiver by
any party of any breach by another party of any provision hereof shall be deemed to be a waiver
of any other breach thereof or as a waiver of any such or other provision of this Agreement. This
Agreement is made and executed with the intention that the construction, interpretation and
validity hereof shall be determined in accordance with and governed by the laws of the
Commonwealth of Virginia. This Agreement constitutes the entire contract between the parties
with respect to the subject matter hereof and supersedes and cancels all prior or
contemporaneous oral or written contracts and understandings with respect to the subject matter
hereof. All Exhibits attached hereto are hereby incorporated herein by reference. This
Agreement may not be changed or modified orally, but only by an instrument in writing, signed
by the parties hereto, which instrument states that it is an amendment to this Agreement. Except
as equity may require, should any provision of this Agreement or any part thereof be held to be
invalid or unenforceable, the same shall not affect or impair any other provision of this
Agreement or any part thereof, and the invalidity or unenforceability of any provision of this
Agreement shall not have any effect on or impair the obligations of a party with respect to the
remaining provisions of this Agreement. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original and all of which shall constitute one
Agreement.
11. The parties hereto for themselves, their agents, officials, employees and servants agree
not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age,
handicap, or sexual orientation with reference to the subject matter of this contract, no matter
how remote.
12. All matters relating to this contract shall be governed by the laws of the Commonwealth of
Virginia, without regard to its choice of law provisions, and any action relating to this agreement
shall be brought in the appropriate court within the jurisdiction of the City of Roanoke, Virginia.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
3
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective
as of the date set forth above.
"City"
CITY OF
ROANOKE:
IC
Sharon T. Lewis, Purchasing Manager
Address: City of Roanoke
Attn: Bob Bengtson
215 Church Ave., SW
Room 354
Roanoke, VA 24011
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, VA
"Bottler"
CCBCC Operations, LLC
By:
Title:
Address: CCBCC Operations, LLC
Attn: Lauren Steele
4100 Coca -Cola Plaza
Charlotte, NC 28211
Fax: 704.366.2283
I, the undersigned Notary Public, certify that on the day of
20 , before me personally came to me personally known,
who being duly sworn, did depose and say that (s)he is of
, the corporation described in the foregoing instrument, which
corporation is a manager of , a
L.L.C., a limited liability company, that by authority
duly given and as the act of said corporation, acting Manager of said Limited Liability Company,
the foregoing instrument was signed in its name by its (vice) president, seal and attested by said
(assistant) secretary.
Witness my hand and official stamp or seal, this day of
20
Signature of Notary Public
Printed Name of Notary Public
(SEAL)
2
My Commission Expires:
Exhibit A
Program Description and Particulars
• The City acknowledges that the Program will be open to all residences of the City of
Roanoke that can participate in the City's curbside recycling program and participation will
be strictly voluntary on the part of the persons residing therein ( "Eligible Residents ").
• In order to participate in the Program, Eligible Residents will place a "Recycle and Win!"
sticker (the "Sticker ") on their curbside recycling bins. Eligible Residents are not required to
purchase, or recycle packaging from, any particular products or brands in order to participate
or win.
• Following the distribution of the Educational Mailer to Eligible Residents, a team of the
Bottler's employees selected by the Bottler (the "Recycle Patrol ") will visit Roanoke
neighborhoods on recycling days each month looking for curbside recycling bins that display
the Sticker ( "Participating Bins "). The Recycle Patrol will inspect, and will have the right to
inspect, the contents of any Participating Bins in order to determine whether it appears that
the Eligible Residents are recycling in accordance with the parameters of the City's curbside
recycling program. For the avoidance of doubt, the location, day and time of any and all
visits will be determined by the Bottler.
• The Recycle Patrol will select a minimum of forty -five (45) Eligible Residents each month
that it determines are recycling in accordance with the parameters of the curbside recycling
program as Program winners. Notwithstanding the requirement in the preceding sentence
that there be a determination of recycling in accordance with the parameters of the curbside
recycling program, a resident whose recycling bin displays a Sticker but whose recycling has
already been picked up will be an Eligible Resident.
• Each Program winner will receive a fifty dollar ($50.00) Kroger retail gift card. Upon
confirmation of the winners by the Recycle Patrol to the Bottler, the Bottler shall either mail
the gift cards to Program winners or mail a notice to Program winners with instructions for
claiming a gift card.
• During the term of this Agreement, the Bottler shall provide gift cards to a minimum of two
hundred seventy (270) Program winners (for a total of $13,500 in prize winnings) for the
City of Roanoke and the Town of Vinton
• The members and vehicles of the Recycle Patrol will at all time be clearly identifiable to
Eligible Residents as part of the Program through the use of signage and uniform clothing.
5
• The Bottler will support the Program through local media and advertising and point -of -sale
materials in retail stores.
Exhibit B
Kroger
0
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
E -mail: clerk@ reanokeva.gov
April 22, 2014
Phillip Payne
135 Salem Avenue, LLC
25 Kirk A venue, Roanoke, Virginia 24011
Dear Mr. Payne:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CIVIC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39907 - 042114 allowing an encroachment
requested by 135 Salem Avenue, LLC, to place an approximately 7'X8" long and 3'X4"
wide new stairway and an approximately 1'X8" wide and 6'X10" long gas meter
guard /enclosure in the City's public right -of -way located at Norfolk Avenue S. W.
Furthermore, Paragraph 5 of Ordinance No. 39907 - 042114 shall be in full force and
effect at such time as a copy, duly signed, sealed, and acknowledged by 135 Salem
Avenue, LLC, has been admitted to record, at the cost of the 135 Salem Avenue, LLC,
in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in
effect only so long as a valid, current certificate evidencing the insurance required in
Paragraph 3 of Ordinance 39907 - 042114 is on file in the City Clerk's Office; and in the
event Ordinance 39907 - 042114 is not signed by 135 Salem Avenue, LLC, and
recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days
from the adoption of the Ordinance, this Ordinance shall terminate and be of no further
force and effect.
Phillip Payne
April 22, 2014
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, and is in full force and effect upon the
completion of the conditions of paragraph 5 of the Ordinance.
cer�Ny.
pt. Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Roanoke City Circuit Court
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Jackie Clewis, Administrator of Risk Management
PUBLIC RIGHT OF WAY LOCATED
ADJACENT TO OFFICIAL TAX MAP NO: 1010404
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39907 - 042114.
AN ORDINANCE allowing an encroachment requested by 135 Salem Avenue, LLC to place
an approximately 7' 8" long and 3' 4" wide new stairway and an approximately 1' 8" wide and 6'
10" long gas meter guard /enclosure in the City's public right -of -way located at Norfolk Avenue
S.W., Roanoke, Virginia, upon certain terms and conditions, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
Authorization is hereby granted to 135 Salem Avenue, LLC to allow the
encroachment of an approximately 7' 8" long and 3' 4" wide new stairway and an approximately
1' 8" wide and 6' 10" long gas meter guard /enclosure to be placed in the City's public right -of -way
located on Norfolk Avenue, S.W., adjacent to property designated as Official Tax Map No.
1010404, for the purpose of facilitating the renovation of the structure located on the property to
accommodate additional residential dwelling units, as more particularly set forth and described in
the City Council Agenda Report dated April 21, 2014.
2. It is agreed by 135 Salem Avenue, LLC that, in maintaining such encroachment, 135
Salem Avenue, LLC and its grantees, assignees, or successors in interest agree to indemnify and save
harrnless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries
or damages to persons or property, including attorney's fees, that may arise by reason of the above-
described encroachment. 135 Salem Avenue, LLC agrees that the encroacllunent shall be removed at
any time from the right of way upon written demand of the City of Roanoke, and that such placement
and removal of the encroachment shall be at the sole cost and expense of 135 Salem Avenue, LLC.
135 Salem Avenue, LLC agrees that it shall repair, restore, and replace any damage to the
encroachment, and any damage to the public right -of -way, caused by the placement and removal of
the encroachment, at 135 Salem Avenue, LLC's sole cost and expense.
3. 135 Salem Avenue, LLC, its grantees, assigns or successors in interest, shall, for the
duration of this pennit, maintain on file with the City Clerk's Office evidence of insurance coverage
in an amount not less than $2,000,000 of general liability insurance. The certificate of insurance
must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an
endorsement by the insurance company naming these parties as additional insureds must be received
within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such
insurance may not be canceled or materially altered without thirty (30) days written advance notice
of such cancellation or alteration being provided to the Risk Management Officer for the City of
Roanoke.
4. The City Clerk shall transmit an attested copy of this ordinance to 135 Salem Avenue,
LLC, 25 Kirk Avenue, Roanoke, VA 24011.
5. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by 135 Salem Avenue, LLC has been admitted to record, at the cost of 135
Salem Avenue, LLC, in the Clerk's Office of the Circuit Court for the City of Roanoke, and shall
remain in effect only so long as a valid, current certificate evidencing the insurance required in
Paragraph 3 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed
by 135 Salem Avenue, LLC and recorded in the Circuit Court Clerk's Office for the City of Roanoke
2
within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of
no further force and effect.
6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
.erk.
The undersigned acknowledges that it has read and understands the terms and conditions
stated above and agrees to comply with those terms and conditions.
135 SALEM AVENUE, LLC
Printed Name:
Title: Managing Member
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this day of 2014, by
the Managing Member of 135 Salem Avenue, LLC, a
Virginia limited liability company, for and on behalf of such company.
My Commission expires:
Notary Public
Registration No.
7
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Request for Encroachment Permit for 135 Salem Avenue, SW for
a New Stairway and Gas Meter Guard /Enclosure which will
Encroach into a Portion of the Right -of -Way of Norfolk Avenue, SW
Background:
135 Salem Avenue, LLC owner of 135 Salem Avenue, SW is in the process of
adding two additional residential apartments to the building and upgrading the
existing commercial space on the first floor. 135 Salem Avenue, SW has an
existing rear loading dock which encroaches into the Norfolk Avenue, SW right -
of -way. The existing dock has gas meters and an HVAC unit on it. The dock will
be demolished and replaced with a stairway that is approximately 7' 8" long and
3' 4" wide. The existing gas meters will be relocated on the rear wall of the
building and will be protected by a guard /enclosure. The meters and
guard /enclosure is approximately 1' 8" wide and 6' 10" long. The HVAC unit
will be relocated to another portion of the property. No new mechanical
equipment will be added.
Recommended Action:
Approve the proposed Ordinance authorizing the encroachment of the new
stairwell and guard /enclosure described above, into the public right of way at
the location described on the plat attached to this letter, upon the terms and
conditions stated in the ordinance. All necessary documents required for this
encroachment are to be approved as to form by the City Attorney.
`�
- -----------------------
Christopher P. Morrill
City Manager
Attachment: Plat
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Wayne Bowers, Director of Economic Development
Cassandra Turner, Economic Development Specialist
FLOOR wvro .a.
911.1Z 1W
LecMroo . DEMOLITION PLAN
�wi �iNg ..m- �ro -owz, Ert. m` IV 11
EXII
j "
p,p�,m osYi,pgrLf'/
FIRST, FLOOR PLAN
RK �U IS ONIX IOSX OF FLOFw.9E
t
E %IST.9TNRv
EAST CORMI
EXIST. CORI
ESISIIRO COMMERCIAL I�
TERA., SPAACEE.n
~ Z
uj a g ,
al
Q O:
J NII s
n K
N LL
M
Q wM /m
A1.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39908 - 042114.
AN ORDINANCE authorizing the donation of certain City -owned firefighting equipment to
Virginia Museum of Transportation, Inc., upon certain terms and conditions; and dispensing with the
second reading by title of this ordinance.
WHEREAS, a 1995 Simon Duplex Ladder Truck ( "Ladder Truck ") was retired from service
on June 15, 2012;
WHEREAS, attempts to dispose of the Ladder Truck in accordance with law have been
made, but without success;
WHEREAS, the Virginia Museum of Transportation, Inc. ( "Museum "), has requested that the
City donate the Ladder Truck to the Museum and has agreed to place the Ladder Truck on display in
a covered space and be used as part of an upcoming educational program related to firefighting; and
WHEREAS, the City Administration has recommended that the Ladder Truck be donated to
the Museum.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
The City of Roanoke hereby agrees to donate the 1995 Simon Duplex Ladder Truck
to Virginia Museum of Transportation, Inc., as set forth in the City Council Agenda Report dated
April 21, 2014.
2. The City Manager is authorized to execute all documents necessary to effect the
donation under such terms as the City Manager deems appropriate, such documents to be in legal
form as approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by
title of this ordinance is hereby dispensed with.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Donation of Property to the Virginia Museum of Transportation
Background:
A 1995 Simon Duplex Ladder Truck was retired from service on June 15, 2012.
The truck was advertised for sale by Public Surplus from August through
September, 2012. No bids met the minimum asking price. Subsequently, the
truck was advertised from April 3, 2013 through April 18, 2014 by Fenton Fire
Equipment. The final asking price was $20,000. No bids met the minimum
price.
The Virginia Museum of Transportation (VMT) has requested that the truck be
donated to them. The truck will be placed in a covered space and be used as
part of an upcoming educational program related to firefighting.
Considerations:
Section 15.2 -953 of the Code of Virginia (1950), as amended, allows localities
to donate funds, personal property or real estate to organizations such as the
VMT, provided the governing body authorizes the donation.
Recommended Action:
Donate the 1 995 Simon Duplex Ladder Truck to the VMT and authorize the City
Manager to execute all necessary documents to effectuate the transaction
subject to approval as to form by the City Attorney.
- - -- ----------------------
ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
9
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39909 - 042114.
A RESOLUTION authorizing the waiver of the City of Roanoke's ( "City ") sovereign
immunity in connection with a service agreement between the City and Comcast Cable
Communications Management, LLC, dba Comcast Business, and its operating affiliates
( "Comcast "), for the provision of intemet services to the Roanoke Valley Regional Fire /EMS
Training Center located at 1220 Kessler Mill Road, Salem, Virginia, for use by the City Fire /EMS
Department staff exclusively; and authorizing execution of the service agreement between the City
and Comcast in connection with the provision of such services.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. This Council hereby waives its sovereign immunity with regard to the service
agreement for the provision of intemet services to the Roanoke Valley Regional Fire /EMS Training
Center located at 1220 Kessler Mill Road, Salem, Virginia, for use by City Fire /EMS Department
staff exclusively, as set forth in the Report of the City Attorney dated April 21, 2014.
2. The City Manager is hereby authorized to execute, for and on behalf of the City, in a
form approved by the City Attorney, a service agreement with Comcast for the provision of such
internet services to the City at the Roanoke Valley Regional Fire /EMS Training Center, a copy of
which is attached to the aforementioned Report of the City Attorney dated April 21, 2014.
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
Honorable David A. Bowers, Mayor and
Members of City Council
TELEPHONE 540.853.2431
FAX 540 - 853.1221
EMAIL: ciryatry@roanokeva.gov
April 21, 2014
Re: Service Agreement Requiring City to Indemnify and Hold Harmless
Comcast Business Services
Dear Mayor Bowers and Members of Council:
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
The City of Roanoke's Fire /EMS Department has requested connectivity to the City's computer network at the
Roanoke Valley Regional Fire /EMS Training Center at 1220 Kessler Mill Road Salem, Virginia for use by
City Fire /EMS Department staff exclusively. The sole internet service provider at the Kessler Mill location is
Comcast Cable Communications Management, LLC dba Comcast Business, and its operating affiliates
( "Comcast ").
In order for the Fire /EMS Department to utilize the Comcast internet service, Comcast is requiring that the
City sign a service agreement for this purpose. The agreement contains a provision requiring the City to
indemnify and hold Comcast harmless, and to defend it in the event Comcast incurs any damages or anything
is damaged during the City's use of the service. An indemnification and hold harmless provision constitutes a
waiver of sovereign immunity, and any contract containing such a provision must be authorized by City
Council. Comcast has declined to delete this provision.
Attached is a resolution which authorizes City Council to waive the City's sovereign immunity for this
purpose and to authorize the City Manager to enter into the service agreement, such agreement to be approved
as to form by the City Attorney. The proposed service agreement is attached to this letter.
Consideration:
This agreement would require the City of Roanoke to waive its sovereign immunity for the purpose of and
during the time of internet connectivity by City Fire /EMS Department staff only.
Recommended Action:
Approve the attached resolution and authorize the City Manager to execute the service agreement with
Comcast.
Very yours,
kplaghdan Dan
City Attorney
DJC /lsc
c: Council Appointed Officers
Sherman Stovall, Assistant City Manager for Operations
COMCAST
BUSINESS
Account Name:
BUSINESS CLASS SERVICE ORDER AGREEMENT
City of Roanoke
CUSTOMER INFORMATION Service Location
Address 1 1220 KESSLER MILL RD City SALEM
Address 2 State VA
Primary Contact Name Tim Johnson
ZIP Code 24153
ID #:6917853
Business Phone (540) 853 -5470 County
Cell Phone Email Address tm.johnson@roanokeva.gov
Pager Number Primary Fax Number
Technical Contact Name Tech Contact On -Site? No
Technical Contact Business Phone
Technical Corned Email
Property Manager Contact Name Property Mgr. Phone
COMCAST BUSINESS CLASS SERVICES
Business Class Voice
euslrise, Class Internet X
Business Class
BUSINESS CLASS
Business Class Voice'
36
MRC Discount off Business Internet D50 ($109.95) for discounted rate of
95. BI MRC Disc roll to rate card in mo 25. Min 2yr term required. Taxes,
)a, Fees, Equip are Extra
Business Class Internet'
Total Cost
Microsoft Outlook Once Email
X
Standard
Web Hosting - Starter
X
INTERNET SELECTIONS
Selection(X)
Total Cost
Preferred
Starter
Static lP -1
X
Music Choice Slandelone
Static IP - 5
Preferred
Static !PP - 13
TV OPTIONS Selection Total Cost
Other Deluxe
X
$109.95
Sports Pack"
Equipment Fee
X
$9.95
Music Choice W /Business Class
INTERNET SELECTIONS Selection X Non-Recurring Charge
Wireless Gatewav Fee
'9uene., Ntamel speed der selections not evaltadeln al meWta Wmthea,csytbnof Basic
connect, Cl... a0 War. Chas In i mat speed tiers from Conaml include hvo(2) Mkmeca Outlook smell hoses
fir no rotational charge. Thai Beat. connect speed dal deaf not Include such mead hose. AddNaral it
boxes may be taarchated separately Coaast aaerves the dghl b change the kgooroA outlook am"
otfedre at any Ume, at Ita sob discretion, upon wMan na,tt to Ctnmmer
INTERNET OPTIONS Selection(X)
Total Cost
Microsoft Outlook Once Email
X
Included
Web Hosting - Starter
X
Included
Web Hosting - Business
Web Hosting - Commerce
Web Fbsti - Professional
Static lP -1
X
$14.95
Static IP - 5
Static !PP - 13
mini mDTA/mDTA Type X of Outlets NRC MRC
Not available M home olncas or public maw esteblubm" TV selection, a options not maibble In a0
markets Customer ednvxiedgm act urWery nd, customer may, be maponable for WQUbnal musk
Ike sing or coppighl resit for musk contained in any or all of the a cis bciudng, but not Inu1W b
Video and/or Public View Viam
"Available for standard 6 Prefarmd tV Bern only
Business Class Signature Sunnnrt
COMCAST
BUSINESS
Account Name:
BUSINESS CLASS SERVICE ORDER AGREEMENT
City of Roanoke
COMCAST BUSINESS CLASS TOTAL SERVICE CHARGES
Business Class SelectionlX) Quantity Unit Cost Total Cost
ID#:6917853
Installation Fee
X
$49.00
$49.001
Total Monthly Service Charge
$134.85
Voice Activation Fee'
Promotional Code (i( applicable)
Discount On Intemet(if applicable) 20
Discount On Video(A apPycable)
Discount On Voice(if applicable)
Discount On S gnalwe Suppon(il app[rabe)
Total Discount $20.00
Total Recurring Monthly Bill:` 511a.es
' Applicable led+ael, state. and lout taxes and lass may eppty
Auto - Attendant Setup Fee
Voice Jack Fee
Toil Free Activation Fee
Directory Listing Fee
One Tian Fix Plans
One-Time Tech Solve
In Wall Wiring 8 Setup
1st Drop
2 plus Drops
Second Cable Run
Wireless Network Setup I 1 WorkStation Setup
Work Station Setup Add -0n
Wireless Network Setup Add -0n
Onsile Survey
Same Day Service
Next Day Service
Par ins edMllun lac. up b lam (a) me maxenum Marge
Total Installation Charges:* $a9.00
Dom not include Custom Installed. Fear
COMCAST BUSINESS CLASS SERVICE ORDER AGREEMENT
BUSINESS
Account Name: City of Roanoke ID #: 6917853
COMCAST BUSINESS CLASS INTERNET CONFIGURATION DETAILS
Transfer Existing Comcasl.nel Email INC, Equipment Selection I D3.0 IP Gateway
Number of Static IPs' 11 1 Business Class Web Hosting INo
15 v mare Si IN are requested a STATIC iP JUSTIF CAT M FORM la re ked
COMCAST BUSINESS CLASS TV CONFIGURATION DETAILS
Outlet Details Location Outlet Type Additional Comments:
Outlet 1 - Primary
Outlet 2 - Additional
Outlet 3 - Additional
Outlet 4 - Additional
Outlet 5 - Additional
Outlet 6 - Additional
Outlet 7 - Additional
Outlet 8 - Additional
OUTLETS 9 & UP QUANTITY
Analog
Digital
HDTV
DTA
COMCAST BUSINESS CLASS VOICE CONFIGURATION DETAILS
Phone # Type Voicemail Customer Equipment
Phone System Type (Key System, PBX, Other
Phone Svslem Manufacturer
Fax Machine Manufacturer
Alarm System Vendor
Point of Sale Device
Telco Closet Location
Hunt Group Configuration Details
Hunt Group Features Requested (Yes/No)
Hunt Group Configuration Type
Hunt Group Pilot Number
COMCAST
BUSINESS
Account Name:
BUSINESS CLASS SERVICE ORDER AGREEMENT
City of Roanoke
CUSTOMER BILLING INFORMATION
Billing Account Name City of Roanoke
Billing Name (3rd Party Accounts)
Address 1 1220 KESSLER MILL RD
Address 2
Billing Contact Name Tim Johnson
Tax Exempt?' No
If yes, please provide and attach tax exemption certifrcals.
AGREEMENT
ID #:6917853
City SALEM
Slate VA
ZIP Code 24153
Billing Contact Email tim.johnsan@roanokeva.gov
Billing Contact Phone (540) 853.5470
Billing Fax Number
1. This Comcast Business Class Service Order Agreement sets forth the terms and conditions under which Comcast Cable Communications
Management, LLC and its operating affiliates ( "Comcast ") will provide the Services to Customer. This Comcast Business Class Service Order
Agreement consists of this document ( "SOA "), the standard Comcast Bus -in> Class Terms and Conditions ('Terms and Conditions "), and
any jointly executed amendments ( "Amendments ")7Eol kriV61y referred to as the "Agreement ", In the eVenlof Inconsistency among these
documents, precedence will be as follows: (1) Amendments, (2) Terms and Conditions, and (3) this BOA. This Agreement shall commence
and become a legally binding agreement upon Customer's executan of the SOA. The Agreement shall terminate as set forth in the Term9 and
Conditions (hftpl/ business_ comcast.conJtenns- conditionsrindex.aspA. AN capitalized terms not defined in this BOA shall reflect the definitions
given tb Ihem in the Terris and Cork! Ikins.Use oI the Services is also subject to the then current High-Speed Internet for Business
Acceptable Use Policy located at httpJ /business.comcast.com /terms- conditons /index.aspx (or any successor URL), and the then current High
-Speed Internet for Business Privacy Policy located at http:// business. comcasLmm iterms- condifionsAndex.aspx (or any successor URL), both
of which Comcast may update from time to time.
FOR SIGNATURE SUPPORT CUSTOMERS ONLY: Instead of the Comcast Business Class Terms and Conditions, your Agreement includes
the Signature Support Terms and Conditions available at hgp:l/ business .signaluresupport.comcast _mm/termsandconditions.html.
2. Each Comoast Business Class Service ( "Service ") carries a 30 day money back guarantee. If within the first thirty days following Service
activation Customer Is not completely satisfied, Customer may cancel Service and Comcast will issue a refund for Service charges actually
paid by Customer, custom installation, voice usage charges, and optional service fees excluded. In order to be eligible for the refund,
Customer must cancel Service within thirty days of activation and return any Comcast- provided equipment in good working order. In no event
shall the refund exceed $500.00.
FOR SIGNATURE SUPPORT CUSTOMERS ONLY: The guarantee is applicable only to Signature Support subscription plans. If you use the
service in the first 30 days, you will be refunded your subscription fees, but charged the applicable one -time fee.
3. IF CUSTOMER IS SUBSCRIBING TO COMCASTS BUSINESS CLASS VOICE SERVICE, I ACKNOWLEDGE RECEIPT AND
UNDERSTANDING OF THE E911 NOTICE:
E911 NOTICE
Comcast Business Class Voice service ( "Voice ") may have the E911 limitations specified below:
" In order for 911 calls to be property directed to emergency services using Voice, Comcast must have the correct service address for the
Voice Customer. If Voice is moved to a different location without Comcasrs approval, 911 calls may be directed to the wrong emergency
authority, may transmit the wrong address, and/or Voice (including 911) may fail altogether.
" Voice uses electrical power in the Customer's premises. If there is an electrical power outage, 911 calling may be Interrupted if the battery
back -up in the associated multimedia terminal adapter is not installed, fails, or is exhausted after several hours.
" Voice calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion,
network/equipmentlpower failure, or another technical problem.
" Comcast will need several business days to update a Customer service address in the E911 system. All change requests and questions
should be directed to 1- 800 -391 -3000. USE OF VOICE AFTER DELIVERY OF THIS DOCUMENT CONSTITUTES CUSTOMER
ACKNOWLEDGEMENT OF THE E911 NOTICE ABOVE.
4. To complete a Voice order, Customer must execute a Comcast Letter or Authorization ( "LOA ") and submit it to Comcast, or Comeast's third
party order entry integrator, as directed by Comcast.
5. New telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until
after the install is complete.
A nx..d;e,..,m"..,e, nu ...,.,u:n-6— r.. a.e n...ve,..eer rr e..,, ,..,,.r Fe :,. � ,.mee.. n,..e.,.r,.,e.0 e,.e. -, aew r.,, r..... —f
COMCAST BUSINESS INTERNET PACKAGES
UPWARE" MARKETPLACE
PACKAGE
Starter $69.95
Deluxe 50 $1D9.95
business solutions and services.
Deluxe 75 $149.95
Deluxe 100 $199.95
SPEED
16Mbps/3Mbps
50Mbps110Mbps
75Mbps/15Mbps
100Mbps/20Mbps
NORTONTM INTERNET SECURITY ONLINE Includes coverage for up to 3 PCs
HOSTED MICROSOFT EXCHANGE
MICROSOFT OUTLOOK
EQUIPMENT
• 2 e- mail boxes with 25GB storage per mailbox
IP Gateway with Firewall & Router $9.95 a Month
• E -mail, calendar and tasks - shared and synchronized
• Outlook 2010 on the desktop
WEB HOSTING
MICROSOFT SHAREPOINT
• Domain Name
Three -page website
• 1 site per company
• Website guilder software
• 1 7X98 total storage Including sub -sites
• Shared documents and files
STATIC IP ADDRESSES
MOBILE SUPPORT
1, 5 and 13 options available $14.951$19.951$34.95
Support for mobile devices with ActiveSync
COMCAST BUSINESS SUPPORT
Dedicated Comcast Business Support
ADDITIONAL BUSINESS SERVICES
UPWARE" MARKETPLACE
SIGNATURE SUPPORT
The place to go for best -in- class, cloud -based
An advanced tech support solution tailored for
business solutions and services.
small business.
Not available in alt areas. Minimum term canVad rentu red Eady lerminagon fees apply. Equipment, inslallffian and taxes extra. Actual speeds vary antl are not guaranteed. No ton- rating eased
on August 2012 AV -Test Peal Wald Protection and Remedialbn Testing Report. Norton" intenet Security Online Is a Iradenark of Symanlee Comprabol Not all features am available in all
packages Call for restrict and complete details. O 2013 Comrasl. All rights reserved. All trademarks are me property of their respective pinions. 20118 2012 rating by PC Mag based on
review of customer data Irom wwry speediest net PC Mag Logo is a trademark at LA Davis. Inc Used under license 0 2012 Zilf Davis, Inc. AN nights reserved SLS57162 GBR M-7.13
BUSINESS SERVICES CUSTOMER TERMS AND
CONDITIONS
The Customer named on the Comcast Business Class Service
Order Agreement and Comcast agree that the terms and
conditions on the Comcast Business Class Service Order
Agreement and these terms and conditions constitute the
agreement (the `Agreement') for the provision of the Services
selected by Customer and designated on a Service Order.
Services may include Comcast Business Class commercial
high -speed internet services ( "Internet'), Comcast Business
Class commercial digital voice services, including enhanced
voice, toll free and trunk services ("Voice'), Comcast Business
Class commercial cable television services (`Video') and
Comcast Business Class public view commercial cable
television services ( "Public View Video') (each a "Service"
and collectively Services ).
The terms and conditions in the "GENERAL TERMS AND
CONDITIONS" section below are applicable to all Services.
Additional terms and conditions apply to the Video, Internet
and the Voice Service and should be reviewed in either the
"ADDITIONAL TERMS APPLICABLE TO INTERNET
SERVICE" section, 'ADDITIONAL TERMS APPLICABLE
TO VOICE SERVICE" section, the "ADDITIONAL TERMS
APPLICABLE TO VIDEO SERVICE AND PUBLIC VIEW
VIDEO SERVICE" section, or the 'ADDITIONAL TERMS
APPLICABLE TO PUBLIC VIEW VIDEO SERVICE"
section, as applicable.
GENERAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
Affiliate: Any entity that controls, is controlled by or is under
common control with Comcast.
Agreement: These terms and conditions and the Service Order
Agreement executed by Customer.
Comcast: The operating company subsidiary of Comcast
Corporation that owns and /or operates the cable television
system in your area and/or the subsidiary that is the Comcast
Voice Service provider.
Comcast Equipment: Any and all facilities, equipment or
devices provided by Comcast or its authorized contractors at the
Service Location(s) that are used to deliver any of the Services
including, but not limited to, all terminals. wires, modems, lines,
circuits, ports, routers, gateways, switches, channel service
units, data service units, cabinets, and racks. Notwithstanding
the above. inside telephone wiring, whether or not installed by
Comcast, shall not be considered Comcast Equipment.
Confidential Information: All information regarding either
party's business which has been marked or is otherwise
communicated as being "proprietary" or "confidential" or
which reasonably should be known by the receiving party to be
proprietary or confidential information. Without limiting the
generality of the foregoing, Confidential Information shall
include, even if not marked, the Agreement, all Licensed
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
Software. promotional materials, proposals, quotes, rate
information, discount information, subscriber information,
network upgrade information and schedules, network operation
information (including without limitation information about
outages and planned maintenance) and invoices, as well as the
parties' communications regarding such items.
Customer - Provided Equipment: Any and all facilities,
equipment or devices supplied by Customer for use in
connection with the Services.
Licensed Software: Computer software or code provided by
Comcast or required to use the Services, including without
limitation, associated documentation, and all updates thereto.
Party: A reference to Comcast or the Customer; and in the
plural, a reference to both companies.
Service(s): The Public View Video, Video, Internet, Toll Free
Trunk and Voice services provided by Comcast to Customer
described in one or more Service Order(s). All Services are for
commercial use only.
Service Commencement Date: The date(s) on which Comcast
first makes Service available for use by Customer. A single
Service Order containing multiple Service Locations or Services
may have multiple Service Commencement Dates.
Service Order: A request for Comcast to provide the Services
to Service Location(s) submitted by Customer to Comcast (a) on
a then- current Comcast form designated for that purpose or (b)
if available, through a Comcast electronic order processing
system designated for that purpose.
Service Order Agreement: The agreement under which all
Service Orders arc submitted to Comcast.
Service Location(s): The Customer location(s) where Comcast
provides the Services.
Service Term: The duration of time (commencing on the
Service Commencement Date) for which Services are ordered,
as specified in a Service Order.
Tariff: A federal or state Comcast tariff and the successor
documents of general applicability that replace such tariff in the
event of detariffing.
Termination Charges: Charges that may be imposed by
Comcast if, prior to the end of the applicable Service Term (a)
Comcast terminates Services for cause or (b) Customer
terminates Services without cause. Termination Charges with
respect to each terminated Service Order shall equal, in addition
to all amounts payable by Customer in accordance with Section
5.3, seventy-five percent (75 %) of the remaining monthly fees
that would have been payable by Customer under the Service
Order if the Services described in the Service Order had been
provided until the end of the Service "term. In the event the
Agreement is terminated as herein described during the initial
Service Term, Termination Charges shall also include one
hundred percent (100 %) of any amount paid by Comcast in
connection with Custom Installation, as that term is defined in
Section 2.7, for the Services provided by Comcast under the
Service Order.
ARTICLE2. DELIVERY OF SERVICES
2.1 Orders. Customer shall submit to Comcast a properly
completed Service Order to initiate Services to a Service
Location(s). A Service Order shall become binding on the
parties when (i) it is specifically accepted by Comcast either
electronically or in writing, (ii) Comcast begins providing the
Services described in the Service Order or (iii) Comcast begins
Custom Installation (as defined in Section 2.7) for delivery of
the Services described in the Service Order, whichever is earlier.
When a Service Order becomes effective it shall be deemed part
of, and shall be subject to, the Agreement.
2.2 Speed. Comcast makes no representation regarding
the speed of the Internet Service. Actual speeds may vary and
are not guaranteed. Many factors affect speed including, without
limitation, the number of workstations using a single
connection.
2.3 Access. Customer, at no cost to Comcast, shall secure
and maintain all necessary rights of access to Service
Location(s) for Comcast to install and provide the Services,
unless Comcast has secured such access prior to this Agreement.
In addition, Customer shall provide an adequate
environmentally controlled space and such electricity as may be
required for installation, operation, and maintenance of the
Comcast Equipment used to provide the Services within the
Service Location(s). Comcast and its employees and authorized
contractors will require free ingress and egress into and out of
the Service Location(s) in connection with the provision of
Services. Upon reasonable notice from Comcast, Customer
shall provide all required access to Comcast and its authorized
personnel.
2.4 Service Commencement Date. Upon installation and
connection of the necessary facilities and equipment to provide
the Services, or in the case of Voice, the day Voice Service is
activated. Comcast shall notify Customer that the Services are
available for use, and the date of such notice shall be called the
"Service Commencement Date." Any failure or refusal on the
part of Customer to be ready to receive the Services on the
Service Commencement Date shall not relieve Customer of its
obligation to pay applicable Service charges.
2.5 Comcast Equipment. Comcast Equipment is and shall
remain the property of Comcast regardless of where installed
within the Service Location(s), and shall not be considered a
fixture or an addition to the land or the Service Location(s). At
any time Comcast may remove or change Comcast Equipment
in its sole discretion in connection with providing the Services.
Customer shall not move, rearrange, disconnect, remove,
attempt to repair, or otherwise tamper with any Comcast
Equipment or permit others to do so, and shall not use the
Comcast Equipment for any purpose other than that authorized
by the Agreement. Comcast shall maintain Comcast Equipment
in good operating condition during the term of this Agreement;
provided, however, that such maintenance shall be at Comcast's
expense only to the extent that it is related to and /or resulting
from the ordinary and proper use of the Comcast Equipment.
Customer is responsible for damage to, or loss of, Comcast
2
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
Equipment caused by its acts or omissions, and its
noncompliance with this Section, or by fire, theft or other
casualty at the Service Location(s), unless caused by the
negligence or willful misconduct of Comcast. Customer agrees
not to take any action that would directly or indirectly impair
Comcast's title to the Comcast Equipment, or expose Comcast
to any claim, lien, encumbrance, or legal process, except as
otherwise agreed in writing by the Parties. Following
Comcast's discontinuance of the Services to the Service
Location(s), Comcast retains the right to remove the Comcast
Equipment including, but not limited to, that portion of the
Comcast Equipment located within the Service Location(s). To
the extent Comcast removes such Comcast Equipment, it shall
be responsible for returning the Service Location(s) to its prior
condition, wear and tear excepted.
2.6 Customer - Provided Equipment. Comcast shall have
no obligation to install, operate, or maintain Customer- Provided
Equipment. Customer alone shall be responsible for providing
maintenance, repair, operation and replacement of all inside
telephone wiring and equipment and facilities on the Customer's
side of the cable modem, route and/or coaxial input connection.
All Customer - Provided Equipment and wiring that Customer
uses in connection with the Services must be fully compatible
with the Services. Customer shall be responsible for the
payment of all charges for troubleshooting, maintenance or
repairs attempted or performed by Comcast's employees or
authorized contractors when the difficulty or trouble report
results from Customer - Provided Equipment.
2.7 Engineering Review. Each Service Order submitted
by Customer shall be subject to an engineering review by
Comcast. The engineering review will determine whether the
cable plant must be extended, built or upgraded in order to
provide the ordered Services at the requested Service
Location(s), or whether Service installation has to be expedited
to meet the Customer's requested Service Commencement Date
( "Custom Installation ") . Comcast will provide Customer
written notification in the event Service installation at any
Service Location will require an additional one -time installation
fee ("Custom Installation Fee "). Customer will have five (5)
days from receipt of such notice to reject the Custom
Installation Fee and terminate, without further liability, the
Service Order with respect to the affected Sery ice Location(s).
2.8 Administrative Web Site. Comcast may, at its sole
option, make one or more administrative web sites available to
Customer in connection with Customer's use of the Services
(each an "Administrative Web Site "). Comcast may furnish
Customer with one or more user identifications and/or
passwords for use on the Administrative Web Site. Customer
shall be responsible for the confidentiality and use of such user
identifications and /or passwords and shall immediately notify
Comcast if there has been an unauthorized release, use or other
compromise of any user identification or password. In addition,
Customer agrees that its authorized users shall keep confidential
and not distribute any information or other materials made
available by the Administrative Web Site. Customer shall be
solely responsible for all use of the Administrative Web Site,
and Comcast shall be entitled to rely on all Customer uses of
and submissions to the Administrative Web Site as authorized
by Customer. Comcast shall not be liable for any loss, cost,
expense or other liability arising out of any Customer use of the
Administrative Web Site or any information on the
Administrative Web Site. Comcast may change or discontinue
the Administrative Web Site, or Customer's right to use the
Administrative Web Site, at any time. Additional terms and
policies may apply to Customer's use of the Administrative Web
Site. These terms and policies will be posted on the site.
ARTICLE 3 CHARGES BILLING AND PAYMENT
3.1 Charges. Customer shall pay Comcast one hundred
percent (100 %) of the Custom Installation Pee prior to the
installation of Service. Customer further agrees to pay all
charges associated with the Services, as set forth or referenced
in the applicable Service Order(s) or invoiced by Comcast.
These charges may include, but are not limited to installation
charges, monthly recurring service charges, usage charges
including without limitation charges for the use of Comcast
Equipment, per -call charges, pay - per -view charges, charges for
service calls, maintenance and repair charges, and applicable
federal, state, and local taxes, fees, surcharges and recoupments
(however designated). Some Services such as measured and
per -call charges, pay - per -view movies or events, and interactive
television (as explained below in the Voice, Video and Public
View Video Additional Terms) may be invoiced after the Service
has been provided to Customer. Except as otherwise indicated
herein or on the applicable Service Order(s), monthly recurring
charges for Internet Services shall not increase during the initial
Service Term. Except as otherwise indicated herein or on the
applicable Service Order(s), Voice Service pricing lists with
information on charges and fees can be found at
tttr /ftvwrvcomcast corn /corpm'atc /about /phonctermsofscrvicc /c
omcastdigitalvoi ce'cdvbusiness html
3.2 Third -Party Charges. Customer may incur charges
from third party service providers that are separate and apart
from the amounts charged by Comcast. These may include,
without limitation, charges resulting from accessing on -line
services, calls to parties who charge for their telephone based
services, purchasing or subscribing to other offerings via the
Internet or interactive options on Public View Video, Video, or
otherwise. Customer agrees that all such charges, including all
applicable taxes, are Customer's sole responsibility. In addition,
Customer is solely responsible for protecting the security of
credit card information provided to others in connection with
such transactions.
3.3 Payment of Bills. Except as otherwise indicated herein or
on the Service Order(s), Comcast will invoice Customer in
advance on a monthly basis for all monthly recurring Service
charges and fees arising under the Agreement. All other charges
will be billed monthly in arrears. Customer shall make payment
to Comcast for all invoiced amounts within thirty (30) days after
the date of the invoice. Any amounts not paid to Comcast within
such period will be considered past due. If a Service
Commencement Date is not the first day of a billing period,
Customer's next monthly invoice shall include a pro rated
charge for the Services, from the date of installation to the First
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
day of the new billing. In certain cases, Comcast may agree to
provide billing services on behalf of third parties, as the agent of
the third party. Any such third -party charges shall be payable
Pursuant to any contract or other arrangement between
Customer and the third party. Comcast shall not be responsible
for any dispute regarding these charges between Customer and
such third party. Customer must address all such disputes
directly with the third party.
3.4 Partial Payment. Partial payment of any bill will be
applied to the Customer's outstanding charges in the amounts
and proportions as solely determined by Comcast. No
acceptance of partial payment(s) by Comcast shall constitute a
waiver of any rights to collect the full balance owed under the
Agreement.
3.5 Payment by Credit Card. Upon Customer's written
request and Comcast's acceptance of such request, Comcast will
accept certain credit card payments for charges generated under
the Agreement. By providing Comcast with a credit card
number, Customer authorizes Comcast to charge the card for all
charges generated under this Agreement, until (i) this Agreement
is terminated or (ii) Customer provides sixty (60) days prior
notice that Comcast stop charging the credit card. Customer
agrees to provide Comcast with updated credit card or alternate
payment information on a timely basis prior to the expiration or
termination of the credit card on file or in the event that
Customer's credit card limit is or will be insufficient to cover
payment. If Comcast is unable to charge Customer's credit card
for any reason, Customer agrees to pay all amounts due,
including any late payment charges or bank charges, upon
demand by Comcast. Comcast may limit the option to pay by
credit card to specific Services or may discontinue acceptance of
credit card payments in whole or in part upon thirty (30) days
prior notice to Customer.
3.6 Credit Approval and Deposits. Initial and ongoing
delivery of Services may be subject to credit approval.
Customer shall provide Comcast with credit information
requested by Comcast. Customer authorizes Comcast to make
inquiries and to receive information about Customer's credit
history from others and to enter this information in Customer's
records. Customer represents and warrants that all credit
information that it provides to Comcast will be true and correct.
Comcast, in its sole discretion, may deny the Services based
upon an unsatisfactory credit history. Additionally, subject to
applicable regulations. Comcast may require Customer to make
a deposit (in an amount not to exceed an estimated two- month's
charge for the Services) as a condition to Comeast's provision of
the Services, or as a condition to ComcasPs continuation of the
Services. The deposit will not, unless explicitly required by law,
bear interest and shall be held by Comcast as security for
payment of Customer's charges. If the provision of Service to
Customer is terminated. or if Comcast determines in its sole
discretion that such deposit is no longer necessary, then the
amount of the deposit will be credited to Customer's account or
will be refunded to Customer, as determined by Comcast.
3.7 Taxes and Fees. Customer shall be responsible for the
payment of any and all applicable local, state, and federal taxes
or fees (however designated). Customer will be responsible to
pay any Service fees, payment obligations and taxes that
become applicable retroactively.
3,8 Other Government - Related Costs and Fees
Comcast reserves the right to invoice Customer for any fees or
payment obligations in connection with the Services imposed by
governmental or quasi - governmental bodies in connection with
the sale, installation, use, or provision of the Services, including,
without limitation, applicable franchise fees (if any), regardless
of whether Comcast or its Affiliates pay the taxes directly or are
required by an order, rule, or regulation of a taxing jurisdiction
to collect them from Customer.. These obligations may include
those imposed on Comcast or its affiliates by an order, rule, or
regulation of a regulatory body or a court of competent
jurisdiction, as well as those that Comcast or its affiliates are
required to collect from the Customer or to pay to others in
support of statutory or regulatory programs. For example, Voice
customers are charged a monthly regulatory recovery fee to
help defray Comcast's contributions to municipal, state, and
federal programs including, without limitation, universal
service, telecom relay services for the visually/hearing impaired,
and 911/E911 programs and infrastructure. This regulatory
recovery fee is not a tax, and it is not government - mandated.
Taxes and other government - related fees and surcharges may be
changed with or without notice,
3.9 Disputed Invoice. If Customer disputes any portion of
an invoice, Customer must pay the undisputed portion of the
invoice and submit a written claim, including all documentation
substantiating Customer's claim, to Comcast for the disputed
amount of the invoice by the invoice due date. The Parties shall
negotiate in good faith to resolve the dispute. However, should
the parties fail to mutually resolve the dispute within sixty (60)
days after the dispute was submitted to Comcast, all disputed
amounts shall become immediately due and payable to Comcast.
3.10 Past -Due Amounts. Any undisputed payment not
made when due will be subject to a reasonable late charge not to
exceed the highest rate allowed by law on the unpaid invoice. If
Customer's account is delinquent. Comcast may refer the
account to a collection agency or attorney that may pursue
collection of the past due amount and /or any Comcast
Equipment that Customer fails to return in accordance with the
Agreement. If Comcast is required to use a collection agency or
attomey to collect any amount owed by Customer or any
unrcturned Comcast Equipment, Customer agrees to pay all
reasonable costs of collection or other action. The remedies set
forth herein are in addition to and not in limitation of any other
rights and remedies available to Comcast under the Agreement
or at law or in equity.
3.11 Reieeted Payments. Except to the extent otherwise
prohibited by law, Customer will be assessed a service charge
up to the full amount permitted under applicable law for any
check or other instrument used to pay for the Services that has
been rejected by the bank or other financial institution.
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
3.12 Fraudulent Use of Services. Customer is responsible
for all charges attributable to Customer with respect to the
Services, even if incurred as the result of fraudulent or
unauthorized use of the Services. Comcast may, but is not
obligated to, detect or report unauthorized or fraudulent use of
Services to Customer. Comcast reserves the right to restrict,
suspend or discontinue providing any Service in the event of
fraudulent use by Customer.
ARTICLE 4. TERM
4.1 Agreement Term. This Agreement shall terminate
upon the expiration or other termination of the final existing
Service Order entered into under this Agreement. The term of a
Service Order shall commence on the Service Commencement
Date and shall terminate at the end of the stated Service'i'erm of
such Service. Unless otherwise stated in these terms and
conditions, if a Service Order does not specify a term of service,
the Service Term shall be one (1) year from the Service
Commencement Date.
4.2 Service Order Renewal. Upon the expiration of the
Service Term, this Agreement and each applicable Service Order
shall automatically renew for successive periods of one (1) year
each ( "Renewal Terms) "), unless otherwise stated in these
terms and conditions or prior notice of non - renewal is delivered
by either Party to the other at lead thirty (30) days before the
expiration of the Service Term or the then current Renewal
Term, or in the case of Louisiana Customers, notice of non -
renewal is delivered to Comcast within thirty (30) days
following the expiration of the Service Term or the then current
Renewal Term. Except as otherwise identified in the
Agreement, at an), time during initial Service Term and from
time to time thereafter, Comcast may increase the charges for
Voice and /or Video Services subject to thirty (30) days prior
notice to Customer. Effective at any time after the end of the
initial Service Term and from time to time thereafter, Comcast
may modify the charges for Internet Services subject to thirty
(30) days prior notice to Customer. Customer will have thirty
(30) days front receipt of such notice to cancel the applicable
Service without further liability. Should Customer fail to cancel
within this timeframe, Customer will be deemed to have
accepted the modified Service pricing.
ARTICLE 5 TERMINATION OF AGREEMENT AND/OR
A SALES ORDER
5.1 Termination for Convenience. Notwithstanding any
other term or provision in this Agreement, Customer shall have
the right to terminate a Service Order, or this Agreement in
whole or part, at any time during the Service Term upon sixty
(60) days prior notice to Comcast, and subject to payment to
Comcast of all outstanding amounts due for the Services, any
and all applicable Termination Charges, and the return of any
and all Comcast Equipment.
5.2 Termination for Cause.
(a) If Customer is in breach of a payment
obligation (including failure to pay a required deposit), and fails
to make payment in full within ten (10) days after receipt of
notice of default, or has failed to make payments of all
undisputed charges on or before the due date on three (3) or
more occasions during any twelve (12) month period, Comcast
may, at its option, terminate this Agreement, terminate the
affected Service Orders, suspend Service under the affected
Service Orders, and /or require a deposit, advance payment, or
other satisfactory assurances in connection with any or all
Service Orders as a condition of continuing to provide the
Services. However, Comcast will not take any such action as a
result of Customer's non - payment of a charge that is the subject
of a timely billing dispute, unless the parties have reviewed the
dispute and determined in good faith that the charge is correct.
(b) If either party breaches any material term of
this Agreement and the breach continues without remedy for
thirty, (30) days after notice of default. the non - defaulting party
may terminate for cause any Service Order materially affected
by the breach.
(c) A Service Order may be terminated by either
party immediately upon notice if the other party has become
insolvent or involved in liquidation or termination of its
business, or adjudicated bankrupt, or been involved in an
assignment for the benefit of its creditors.
(d) Termination by either party of a Service Order
does not waive any other rights or remedies that it may have
under this Agreement.
5.3 Effect of Expiration or Termination of the
Agreement or a Service Order. Upon the expiration or
termination of a Service Order for any reason: (i) Comcast may
disconnect the applicable Service; (ii) Comcast may delete all
applicable data, files, electronic messages, voicemail or other
information stored on Comcast's servers or systems; (iii) if
Customer has terminated the Service Order prior to the
expiration of the Service Term for convenience, or if Comcast
has terminated the Service Order prior to the expiration of the
Service Term as a result of material breach by Customer,
Comcast may assess and collect from Customer applicable
Termination Charges; (iv) Customer shall, permit Comcast
access to retrieve from the applicable Service Locations any and
all Comcast Equipment (however, if Customer fails to permit
access, or if the retrieved Comcast Equipment has been
damaged and /or destroyed other than by Comeast or its agents,
normal wear and tear excepted, Comcast may invoice Customer
for the full replacement cost of the relevant Comcast
Equipment, or in the event of minor damage to the retrieved
Comcast Equipment, the cost of repair, which amounts shall be
immediately due and payable); and (v) if used in conjunction
with the terminated Service, Customer's right to use applicable
Licensed Software shall automatically terminate, and Customer
shall be obligated to return the Licensed Software to Comcast.
5.4 Regulatory and Legal Changes. The parties
acknowledge that the respective rights and obligations of-each
party as set forth in this Agreement upon its execution are based
on law and the regulatory environment as it exists on the date of
execution of this Agreement. Comcast may, in its sole
discretion, immediately terminate this Agreement, in whole or in
part, in the event there is a material change in any law, rule,
regulation, Force Majeure event. or judgment of any court or
5
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
government agency, and that change affects Comeast's ability to
provide the Services herein.
ARTICLE 6. LIMITATION OF LIABILITY:
DISCLAIMER OF WARRANTIES: WARNINGS
6.1 NEITHER PARTY WILL BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER
OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT
NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE.
LOSS OF BUSINESS OR LOSS OF PROFIT, WHETHER
SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR
TORT. PROVIDED, HOWEVER, THAT NOTHING HEREIN
IS INTENDED TO LIMIT CUSTOMER'S LIABILITY FOR
AMOUNTS OWED FOR THE SERVICES, FOR ANY
EQUIPMENT OR SOFTWARE PROVIDED BY COMCAST
OR FOR EARLY TERMINATION CHARGES. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT, THE ENTIRE LIABILITY OF COMCAST
AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS
(ASSOCIATED PARTIES ") FOR LOSS, DAMAGES AND
CLAIMS ARISING OUT OF THE DELIVERY OF THE
SERVICES INCLUDING, BUT NOT LIMITED TO, DELAY
IN THE INSTALLATION OF SERVICES OR THE
PERFORMANCE OR NONPERFORMANCE OF THE
SERVICES OR THE COMCASI EQUIPMENT SHALL BE
LIMITED TO A SUM EQUIVALENT TO THE APPLICABLE
OUT -OF- SERVICE CREDIT. REMEDIES UNDER THIS
AGREEMENT ARE EXCLUSIVE, AND LIMITED TO THOSE
EXPRESSLY DESCRIBED IN THIS AGREEMENT.
6.2 THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON -
INFRINGEMENT WITH RESPECT TO THE SERVICES,
COMCAST EQUIPMENT, OR LICENSED SOFTWARE.
ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY
DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED
BY LAW. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, COMCAST DOES NOT WARRANT
"THAI' THE SERVICES, COMCAST EQUIPMENT, OR
LICENSED SOFTWARE WILL BE UNINTERRUPTED,
ERROR -FREE, OR FREE OF LAIBNCY OR DELAY, OR
TIINf THE SERVICES, COMCAST EQUIPMENT, OR
LICENSED SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES. COMCAST
EQUIPMENT. OR LICENSED SOFTWARE WILL PREVENT
UNAUTHORIZED ACCESS BY THIRD PARTIES.
6.3 COMCAST MAKES NO WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO THE SERVICES,
COMCAST EQUIPMENT, OR LICENSED SOFTWARE FOR
USE BY THIRD PARTIES.
6.4 IN NO EVENT SHALL COMCAST, OR ITS
ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR
LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR
CLAIM ARISING OUT OF OR RELATED TO: (i) STORED,
TRANSMITTED, OR RECORDED DATA, FILES, OR
SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER,
I "rS USERS OR THIRD PARTIES; (iii) INTEROPERABILITY.
INTERACTION OR INTERCONNECTION OF THE
SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES OR NETWORKS PROVIDED BY CUSTOMER
OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF
ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR
DATA RESULTING FROM ANY VIRUS OR OTHER
HARMFUL FEATURE OR FROM ANY ATTEMPT TO
REMOVE, IT.
6.5 DISRUPTION OF SERVICE. The Services are not
fail -safe and are not designed or intended for use in situations
requiring fail -safe performance or in which an error or
interruption in the Services could lead to severe injury to
business, persons, property or environment ( "High Risk
Activities "). These High Risk Activities may include, without
limitation, vital business or personal communications or
activities where absolutely accurate data or information is
required. Customer expressly assumes the risks of any damages
resulting from High Risk Activities. Comcast shall not be liable
for any inconvenience, loss, liability, or damage resulting from
any interruption of the Services, directly or indirectly caused by.
or proximately resulting from, any circumstances, including, but
not limited to, causes attributable to Customer or Customer -
Equipment; inability to obtain access to the Service Locations;
failure of any television signal at the transmitter; failure of a
communications satellite; loss of use of poles or other utility
facilities; strike; labor dispute; riot or insurrection; war;
explosion; malicious mischief, fire, flood, lightening,
earthquake, wind, ice, extreme weather conditions or other acts
of God; failure or reduction of power: or any court order, law,
act or order of government restricting or prohibiting the
operation or delivery of the Services.
6.6 Customer's sole and exclusive remedies under this
Agreement are as expressly set forth in this Agreement. Certain
of the above exclusions may not apply if the state in which a
Service is provided does not allow the exclusion or limitation of
implied warranties or does not allow the limitation or exclusion
of incidental or consequential damages. In those states, the
liability of Comcast and its affiliates and agents is limited to the
maximum extent permitted by law.
ARTICLE 7. INDEMNIFICATION
7.1 Subject to Article 6, each Party (`Indemnifying Party ")
will indemnify and hold harmless the other Party ( "Indemnified
Party "), its affiliates, officers, directors, employees,
stockholders, partners, providers, independent contractors and
agents from and against any and all joint or several costs,
damages, losses, liabilities, expenses, judgments, lines,
settlements and any other amount of any nature, including
reasonable fees and disbursements of attorneys, accountants,
and experts, arising from any and all claims, demands, actions,
suits, or proceedings whether civil, criminal, administrative, or
investigative (collectively, "Claims ") relating to: (i) any Claim
of any third party resulting from the negligence or willful act or
omission of Indemnifying Party arising out of or related to the
Agreement, the obligations hereunder, and uses of Services,
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
Comcast Equipment, and Licensed Software; and (ii) any Claim
of any third party alleging infringement of a U.S. patent or U.S.
copyright arising out of or related to this Agreement. the
obligations hereunder, and the use of Services, Comcast
Equipment, and Licensed Software.
7.2 The Indemnifying Party agrees to defend the
Indemnified Party for any loss, injury, liability, claim or demand
("Actions ") that is the subject of Article 7 hereof. The
Indemnified Party agrees to notify the Indemnifying Party
promptly, in writing, of any Actions, threatened or actual, and to
cooperate in every reasonable way to facilitate the defense or
settlement of such Actions. The Indemnifying Party shall
assume the defense of any Action with counsel of its own
choosing, but which is reasonably satisfactory to the
Indemnified Party. The Indemnified Party may employ its own
counsel in any such case, and shall pay such counsel's fees and
expenses. The Indemnifying Party shall have the right to settle
any claim for which indemnification is available; provided,
however, that to the extent that such settlement requires the
Indemnified Party to take or refrain from taking any action or
purports to obligate the Indemnified Party, then the
Indemnifying Party shall not settle such claim without the prior
written consent of the Indemnified Party, which consent shall
not be unreasonably withheld, conditioned or delayed.
ARTICLES. SOFTWARE & SERVICES
8.1 License. 1 f and to the extent Customer requires the use
of Licensed Software in order to use the Services supplied under
any Service Order, Customer shall have a personal,
nonexclusive. nontransferable, and limited license to use the
Licensed Software in object code only and solely to the extent
necessary to use the applicable Service during the corresponding
Service Term. Customer may not claim title to, or an ownership
interest in, any Licensed Software (or any derivations or
improvements thereto) and Customer shall execute any
documentation reasonably required by Comcast, including,
without limitation, end -user license agreements for the Licensed
Software. Comcast and its suppliers shall retain ownership of
the Licensed Software, and no rights are granted to Customer
other than a license to use the Licensed Software under the
terms expressly set forth in this Agreement.
8.2 Restrictions. Customer agrees that it shall not: (i)
copy the Licensed Software (or any upgrades thereto or related
written materials) except for emergency back -up purposes or as
permitted by the express written consent of Comcast (ii) reverse
engineer, decompile, or disassemble the Licensed Software; (iii)
sell, lease, license, or sublicense the Licensed Software; or (iv)
create, write, or develop any derivative software or any other
software program based on the Licensed Software.
8.3 Updates. Customer acknowledges that the use of the
Services may periodically require updates and /or changes to
certain Licensed Software resident in the Comcast Equipment or
Customer - Provided Equipment. If Comcast has agreed to
provide updates and changes, Comcast may perform such
updates and changes remotely or on -site, at Comcast's sole
option. Customer hereby consents to, and shall provide free
access for, such updates deemed reasonably necessary by
Comcast.
8.4 Ownership of Telephone Numbers and Addresses.
Customer acknowledges that use of the Services does not give it
any ownership or other rights in any telephone number or
Internet/on -line addresses provided, including but not limited to
Internet Protocol ("IP ") addresses, e -mail addresses and web
addresses.
8.5 Intellectual Property Rights in the Services. Title
and intellectual property rights to the Services are owned by
Comcast, its agents, suppliers or affiliates or their licensors or
otherwise by the owners of such material. The copying,
redistribution, reselling, bundling or publication of the Services.
in whole or in part, without express prior written consent from
Comcast or other owner of such material, is prohibited.
ARTICLE 9. CONFIDENTIAL INFORMATION AND
PRIVACY
9.1 Disclosure and Use. All Confidential Information
shall be kept by the receiving party in strict confidence and shall
not be disclosed to any third party without the disclosing party's
express written consent. Notwithstanding the foregoing. such
information may be disclosed (i) to the receiving party's
employees, affiliates, and agents who have a need to know for
the purpose of performing this Agreement, using the Services.
rendering the Services, and marketing related products and
services (provided that in all cases the receiving party shall take
appropriate measures prior to disclosure to its employees,
affiliates, and agents to assure against unauthorized use or
disclosure); or (ii) as otherwise authorized by this Agreement.
Each parry agrees to treat all Confidential Information of the
other in the same manner as it treats its own proprietary
information, but in no case using a degree of care less than a
reasonable degree of care.
9.2 Exceptions. Notwithstanding the foregoing, each
party's confidentiality obligations hereunder shall not apply to
information that: (i) is already known to the receiving party
without a pre - existing restriction as to disclosure; (ii) is or
becomes publicly available without fault of the receiving party;
(iii) is rightfully obtained by the receiving party from a third
party without restriction as to disclosure, or is approved for
release by written authorization of the disclosing party; (iv) is
developed independently by the receiving party without use of
the disclosing party's Confidential Information; or (v) is
required to be disclosed by law or regulation.
9.3 Remedies. Notwithstanding any other Article of this
Agreement, the non - breaching party shall be entitled to seek
equitable relief to protect its interests pursuant to this Article 9,
including, but not limited to, injunctive relief.
9.4 Monitoring. Comcast shall ha%c no obligation to
monitor postings or transmissions made in connection with the
Services, however, Customer acknowledges and agrees that
Comcast and its agents shall have the right to monitor any such
postings and transmissions from time to time and to use and
disclose them in accordance with this Agreement, and as
otherwise required by law or government request. Comcast
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
reserves the right to refuse to upload, post, publish, transmit or
store any information or materials, in whole or in part. that. in
Comcast's sole discretion, is unacceptable, undesirable or in
violation of this Agreement.
ARTICLE 9A: CUSTOMER PRIVACY POLICIES
In addition to the provisions of Article 9, the privacy policy
below applies to Comcast's handling of Customer confidential
information. In the event of a conflict between the provisions of
Article 9 and any provision of the privacy policy below, the
applicable provision of the privacy policy shall prevail in the
resolution of the conflict.
A copy of Comeast's privacy policy is available at
htlp'/IbLisiness.coiiicast.com/custotiier-pri\ aq\ -statement/
index.aspx (or any successor URL).
9A.2 Privacy Note Regarding Information Provided to
Third Parties: Comcast is not responsible for any information
provided by Customer to third parties, and this information is
not subject to the privacy provisions of this Agreement or the
privacy politics. Customer assumes all privacy and other risks
associated with providing personally identifiable information to
third parties via die Services.
ARTICLE 10. PROHIBITED USES
10.1 Resale. Customer may not sell, resell, sublease,
assign, license, sublicense, share, provide, or otherwise utilize in
conjunction with a third party (including, without limitation, in
any joint venture or as part of any outsourcing activity) the
Services or any component thereof.
10.2 Use Policies. Customer agrees to ensure that all uses of
the Comcast Equipment and /or the Services installed at its
premises (`use ") are legal and appropriate. Specifically,
Customer agrees to ensure that all uses by Customer or by any
other person ("user"). whether authorized by Customer or not,
comply with all applicable laws, regulations, and written and
electronic instructions for use. Comcast reserves the right to act
immediately and without notice to terminate or suspend the
Services and /or to remove from the Services any information
transmitted by or to Customer or users, if Comcast (i)
determines that such use or information does not conform with
the requirements set forth in this Agreement, (ii) determines that
such use or information interferes with Comcast's ability to
provide the Services to Customer or others, (iii) reasonably
believes that such use or information may violate any laws,
regulations, or written and electronic instructions for use.
Furthermore, the Services shall be subject to one or more
Acceptable Use Policies ( "AUP-) that may limit use, or (iv)
reasonably believes that Customer's use of the Service interferes
with or endangers the health and/or safety of Comcast personnel
or third parties. The AUP and other policies concerning the
Services are posted on Comcast's web site(s) at
http:/ /business.comcast.com/acceptable -use- policy /index.aspx
(or any successor URL) or on another web site about which
Customer has been notified, and are incorporated to this
Agreement by reference. Comcast may update the use policies
from time to time, and such updates shall be deemed effective
seven (7) days after the update is posted online, with or without
actual notice to Customer. Accordingly, Customer should check
the above web addresses (or the applicable successor URI,$) on
a regular basis to ensure that its activities conform to the most
current version of the use policies. Comeast's action or inaction
in enforcing acceptable use shall not constitute review or
approval of Customer's or any other users' use or information.
10.3 Violation. Any breach of this Article 10 shall be
deemed a material breach of this Agreement. In the event of
such material breach, Comcast shall have the right to restrict,
suspend, or terminate immediately any or all Service Orders,
without liability on the part of Comcast, and then to notify
Customer of the action that Comcast has taken and the reason
for such action, in addition to any and all other rights and
remedies under this Agreement.
ARTICLE 11 SERVICE CREDITS
11.1 Credit Allowances. Comcast will allow a pro -rata
credit against future payment of the net monthly recurring
charge (exclusive of nonrecurring charges, other one -time
charges, per call charges, measured charges, regulatory fees and
surcharges, taxes, and other governmental and quasi -
governmental fees) for a Service Interruption, except as
specified below or as may otherwise be legally required
( "Credit "). "Service Interruption" shall mean a break in
transmission that renders the Service unusable for transmission
and reception. For the purposes of calculating a Credit
allowance, the Service Interruption period begins when the
Customer reports an interruption in the portion of the Service to
Comcast, a trouble ticket is opened, and the Service is released
to Comcast for testing and repair. The Service Interruption ends
when the affected portion of the Service has been restored and
Comcast has closed the trouble ticket. Service Interruption time
does not include interruptions of less than thirty (30) minutes'
duration. Credits will be as follows:
Lenath of Service Interruption Amount of Credit
Less than 30 minutes None
At least 30 minutes but less than 3 hours I/8 of a day
At least 3 hours but less than 6 hours
1/4 of a day
At least 6 hours but less than 9 hours
2/5 of a day
At least 9 hours but less than 12 hours
1/2 of a day
At least 12 hours but less than 15 hours
4/5 of a day
Al least 15 hours and up to and including
24 hours
1 full day
The total number of credit allowances per month shall not
exceed the total monthly recurring charge for the affected
Service. Credit allowances will not be made for less than $1.00,
unless required under applicable law. Service Interruptions will
not be aggregated for purposes of determining credit
allowances. To qualify, Customer must request the Credit from
Comcast within 30 days of the interruption.
11.2 Exceptions to Credit Allowances A Service
Interruption shall not qualify for the Credits set forth herein if
such Service Interruption is related to. associated with, or
caused by: scheduled maintenance events; Customer actions or
inactions; Customer - provided power or equipment; any third
party not contracted through Comcast, including, without
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
limitation, Customer's users, third -parry network providers; any
power, equipment or services provided by third parties; or an
event of force majcure as defined in this Agreement, unless
otherwise provided under applicable law. The remedies set
forth in this Article 11 shall be Customer's sole and exclusive
remedy for any Service Interruption in the Services, outage,
unavailability, delay or other degradation in the Services or any
Comcast failure to meet the objectives of the Services.
ARTICLE 12. INSURANCE
12.1 Comcast shall maintain during the Initial Term or any
Renewal Term commercial general liability insurance that
covers its liability and obligations hereunder including property
damage and personal injury.
12.2 The liability limits under these policies shall be, at a
minimum, one million ($1,000,000) dollars per occurrence, with
a combined single limit for bodily injury and property damage
liability.
ARTICLE 13 MISCELLANEOUS TERM
13.1 Force Maieure. Neither party, shall be liable to the
other party for any delay, failure in performance, loss, or
damage to the extent caused by force majeure conditions such as
acts of God, fire, explosion, power blackout, cable cut, acts of
regulatory or governmental agencies, unavailability of right -of-
way, unavailability of services or materials upon which the
Services rely, or other causes beyond the party's reasonable
control, except that Customer's obligation to pay for Services
provided shall not be excused. Changes in economic, business
or competitive condition shall not be considered force majeure
events.
13.2 Assignment and Transfer. Neither Party shall assign
any right, obligation or duty, in whole or in part, nor of any
other interest hereunder, without the prior written consent of the
other Party, which shall not be unreasonably withheld. The
foregoing notwithstanding, Comcast may assign this Agreement
to any affiliate, related entity, or successor in interest without
Customer's consent. In addition, Comcast may partially assign
its rights and obligations hereunder to any party that acquires
from Comcast all or substantially all of the assets of a cable
franchise(s) in which the Services is deployed to Customer. All
obligations and duties of either Party under this Agreement shall
be binding on all successors in interest and assigns of such
Party.
13.3 Export Law and Regulation. Customer
acknowledges that any products, software, and technical
information (including, but not limited to, services and training)
provided pursuant to the Agreement may be subject to U.S.
export laws and regulations, and any foreign use or transfer of
such products, software, and technical information must be
authorized under those regulations. Customer agrees that it will
not use distribute, transfer, or transmit the products, software, or
technical information (even if incorporated into other products)
except in compliance with U.S. export regulations. If requested
by Comcast, Customer also agrees to sign written assurances
and other export - related documents as may be required for
Comcast to comply with U.S. export regulations.
13.4 Notices. Except as otherwise provided in this
Agreement, any notices or other communications contemplated or
required under this Agreement, in order to be valid, shall be in
writing and shall be given via personal delivery, overnight courier,
or via U.S. Certified Mail, Return Receipt Requested. Notices to
Customer shall be sent to the Customer billing address; notices to
Comcast shall be sent to 500 South Gravcrs Road, Plymouth
Meeting, PA 19462, Attn: Director of Business Customer
Operations, with a copy to: Comcast Cable Communications
Management, LLC, One Comcast Center, 1701 JPK Blvd.,
Philadelphia, PA 19103, Attn.: Senior Vice President & General
Counsel. All such notices shall be deemed given and effective
on the day when delivered by overnight delivery service or
certified mail.
13.5 Entire Understanding. The Agreement constitutes the
entire understanding of the parties related to the subject matter
hereof. The Agreement supersedes all prior agreements,
proposals. representations, statements, or understandings.
whether written or oral, concerning the Services or the parties
rights or obligations relating to the Services. Any prior
representations, promises. inducements, or statements of intent
regarding the Services that are not expressly provided for in this
Agreement are of no effect. Terms or conditions contained in
any purchase order, or restrictive endorsements or other
statements on any form of payment, shall be void and of no
force or effect. Only specifically authorized representatives of
Comcast may make modifications to this Agreement or (his
Agreement's form. No modification to the form or this
Agreement made by a representative of Comcast who has not
been specifically authorized to make such modifications shall be
binding upon Comcast. No subsequent agreement among the
parties concerning the Services shall be effective or binding unless
it is executed in writing by authorized representatives of both
parties.
13.6 Tariffs. Notwithstanding anything to the contrary in
the Agreement, Comcast may elect or be required to file tariffs
with regulatory agencies for certain Services. In such event, the
terms set forth in the Agreement may, under applicable law, be
superseded by the terms and conditions of the Tariffs. Without
limiting the generality of the foregoing, in the event of any
inconsistency with respect to rates, the rates and other terms set
forth in the applicable Sales Order shall be treated as individual
case based arrangements to the maximum extent permitted by
law, and Comcast shall take such steps as are required by law to
make the rates and other terms enforceable. If Comcast
voluntarily or involuntarily cancels or withdraws a Tariff under
which a Service is provided to Customer, the Service will
thereafter be provided pursuant to the Agreement and the terms
and conditions contained in the Tariff immediately prior to its
cancellation or withdrawal. In the event that Comcast is
required by a governmental authority to modify a Tariff under
which Service is provided to Customer in a manner that is
material and adverse to either party, the affected party may
terminate the applicable Sales Order upon a minimum thirty
(30) days' prior written notice to the other party, without further
liability.
0
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
13.7 Construction. In the event that any portion of this
Agreement is held to be invalid or unenforceable, the parties
shall replace the invalid or unenforceable portion with another
provision that, as nearly as possible, reflects the original
intention of the parties, and the remainder of this Agreement
shall remain in full force and effect.
13.5 Survival. The rights and obligations of either party
that by their nature would continue beyond the expiration or
termination of this Agreement or any Service Order, including
without limitation representations and warranties,
indemnifications, and limitations of liability, shall survive
termination or expiration of this Agreement or any Service
Order.
13.9 Choice of Law. The domestic law of the state in
which the Services are provided shall govern the construction,
interpretation, and performance of this Agreement, except to the
extent superseded by federal law.
13.10 No Third Party Beneficiaries. This Agreement does
not expressly or implicitly provide any third party (including
users) with any remedy, claim, liability, reimbursement, cause of
action, or other right or privilege.
13.11 No Waiver. No failure by either party to enforce any
rights hereunder shall constitute a waiver of such right(s).
13.12 Independent Contractors. The Parties to this
Agreement are independent contractors. Neither Party is an
agent, representative, or partner of the other Party. Neither
Party shall have any right, power, or authority to enter into any
agreement for, or on behalf of, or incur any obligation or
liability of, or to otherwise bind, the other Party. This
Agreement shall not be interpreted or construed to create an
association, agency, joint venture, or partnership between the
Parties or to impose any liability attributable to such a
relationship upon either Party._
13.13 Article Headings. The article headings used herein
are for reference only and shall not limit or control any term or
provision of this Agreement or the interpretation or construction
thereof.
13.14 Compliance with Laws. Each of the Parties agrees to
comply with all applicable local, state and federal laws and regulations
and ordinances in the performance of its respective obligations under
this Agreement.
ADDITIONAL TERMS APPLICABLE TO
INTERNET SERVICES
In addition to Articles 1 through 13 above, Articles 14 and
15A are specifically applicable to Internet Service:
ARTICLE 14: WEB HOSTING. If Customer submits a
Service Order(s) for web hosting services, the following terms
shall also apply:
14.1 Authorization. By using the Services to publish,
transmit or distribute material or content, Customer (i) warrants
that the material or content complies with the provisions of the
Agreement, (ii) authorizes Comcast, its agents and affiliates to
reproduce, publish, distribute, and display such content
worldwide and (iii) warrants that Customer has the right to
provide such authorization. Customer acknowledges that
material posted or transmitted using the Services may be copied,
republished or distributed by third parties, and agrees to
indemnify, defend and hold harmless Comcast, its agents and
affiliates for any harm resulting from such actions.
14.2 Web Site Content. If applicable, Comcast will host
Customer's web site in a data center in accordance with
Comeast's then - current published specifications, including,
without limitation, storage levels (`Customer Web Site ").
Ownership of all graphics, text, or other information or content
materials supplied or furnished by Customer for incorporation
into or delivery through a Customer Wcb Site shall remain with
Customer (or the party that supplied such materials to
Customer). Ownership of any software developed or modified
by Comcast and all graphics, text, or other information or
content materials supplied or furnished by Comcast for
incorporation into a Customer Web Site shall remain with
Comcast (or the party that supplied such materials to Comcast).
Customer agrees that Comcast has no proprietary, financial, or
other interest in Customer's goods or services that may be
described in or offered through a Customer Web Site, and that
Customer is solely responsible for content quality, performance,
and all other aspects of its goods or services and the information
or other content contained in or provided through a Customer
Web Site. Customer assumes all responsibility for use by others
of the Customer Web Site (including commercial transactions,
whether completed or not).
14.3 Web Site Backup and Restoration. Customer
acknowledges and agrees that (i) it is responsible for developing
and maintaining procedures (apart from the Services) to protect
the Customer content, including, without limitation, making
appropriate backup copies of the Customer content as may be
necessary for reconstruction of any data, files, informational
materials, or electronic messages; and (it) Comcast is not
responsible for backup and restoration of Customer Content.
ARTICLE 14A: PROVISION OF SERVICE. Subject to the
terms and conditions herein, Internet Services are intended for
commercial use only.
ARTICLE 15. DOMAIN NAME REGISTRATION. If
Customer submits a Service Orders) for domain name
registration services, the following terms shall also apply:
15.1 Registration. At the request of Customer, Comcast
Will use commercially reasonable efforts to facilitate the
registration of the Customer internet domain name ("Customer
Domain Name ") with a domain name registration service of
Comcast's choosing, but only to the extent that Customer
provides Comcast with all necessary information relevant to
such registration. The domain name registration service will
invoice Customer directly for all applicable registration fees,
maintenance fees, and other applicable fees related thereto.
Customer hereby acknowledges that Customer is entirely
responsible for the payment of any and all such fees. Comcast
does not represent that the Customer Domain Name will be
10
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
available on an initial or ongoing basis. Further, Customer
acknowledges that Customer, not Comcast. has ownership,
control, and use of the Customer Domain Name. Further,
Customer hereby agrees now and forever to release and to hold
harmless Comcast, its employees, affiliates, agents, and
contractors, from any and all losses, damages, rights, claims,
and actions with respect to, or in any way arising from, the
domain name registration service's removal of allocation or
support for the Customer Domain Name. Should Customer
require modification of the Customer Domain Name or
additional related services, additional charges may apply from
the relevant registration service and from Comcast for setup of
the modification or addition.
15.2 Sub - Domain Name. Should Customer be unable to
register a unique domain name, Comcast may grant upon
Customer request and only for the term of the Service Order
providing for such service, the limited, personal, and non-
transferable right to specify and append a sub- domain name to
Comcast's prescribed domain name, for the sole purpose of
uniquely identifying Customer's e -mail address. Comcast does
not represent that Customer's selected sub - domain name will be
available. Customer receives no right to Comcast's domain
name other that as specifically stated in this Article 15. Upon
the termination of the applicable Service Order, Customer shall
surrender all rights, privileges and interest in and to the sub -
domain name and Comeast's domain name.
ARTICLE 1.5A: STATE - SPECIFIC PROVISIONS
APPLICABLE TO INTERNET SERVICE
15A.1 Service Interruption.
(1) Montgomery County, MD Customers.
Under its franchise with Mont_omen County, MD, Comcast
has the tolloscin_ rebate policy: In the event of a Internet
Serrvice Interruption (loss of cable modem service) Comcast
shall repair the Service Interruption as soon as possible. This
obligation is satisfied it Comcast offers Customer the next
available repair appointment within the 24 -hour period
lollocving the Service Interruption, or at Customer's request. to a
mutually convenient later time for the repair call. and
successfull% repairs the Service Interruption during the agreed
upon appommient. If the Service Interruption is not repaired at
the time of the scheduled appointment Customer will receive a
prorated credit for each 24 -hour period_ or segment thereof. that
the Service Interruption continues beyond the scheduled repair
call. Customer may contact Comcast at (301) 424- 4400.
ADDITIONAL TERMS APPLICABLE TO VOICE
SERVICES
In addition to provisions 1 THROUGH 13 above, the
following Articles 16 through 20 are specifically applicable
to Voice Services.
ARTICLE 16: USAGE BILLING
16.1 Comcast Voice Service calling plans billed as a flat
monthly fee may not include certain call types. These excluded
call types will instead be charged on a per -call basis (e.g.,
operator services) or a measured basis (e.g., international calls).
Generally, for billing purposes, a measured call begins when the
call is answered by the called party or an automated answering
device (such as an answering machine or fax machine); it ends
when one of the parties disconnects the call.
16.2 Comcast Voice Service measured calls are recorded in
whole minutes, with partial minutes rounded up to the next
whole minute. If the computed charge for a measured call or for
taxes or surcharges includes a fraction of a cent, the fraction is
rounded up to the nearest whole cent.
16.3 Notwithstanding anything to the contrary in this
Agreement, some providers (e.g., those involved in calls to
foreign countries) charge for a completed call when the called
party's line rings or after a certain number of rings. If such a
provider charges Comcast or its Associated Parties, as if such a
call were answered by the called party, Comcast will charge
Customer for a completed call. Voice Service pricing lists and
fees can be found at http, /hvww comas[ cons /corporate /about/
ohonctcrmsofscrvice /comcastdigitah oice /cdvbusincss.hnnl.
ARTICLE 17: USE POLICY
17.1 Additional Use Restrictions. Voice Service may
only be used at Service Locations) where Voice Service is
installed by Comcast, Customer understands and acknowledges
that if Customer attempts to install or use the Comcast
Equipment or Voice Service at another location, Voice Service,
including but not limited to 91VE911, may fail to function or
may function improperly. It will be considered a material
violation of this Agreement if Customer moves Voice Service to
another location without first notifying Comcast. Customer
expressly agrees not to use Voice Service for auto - dialing,
continuous or extensive call forwarding, telemarketing, fax
broadcasting or fax blasting, or for any other use that results in
excessive usage inconsistent with standard commercial calling
patterns. If Comcast determines, in its sole discretion, that
Customer's use of Voice Service is excessive or in violation of
this Agreement, Comcast reserves the right, among other things,
to terminate or modify Voice Service immediately and without
notice.
ARTICLE 17A: SERVICE LIMITATION
17A.1 Disruption of Service. Customer acknowledges and
understands that Voice Service will not be available for use
under certain circumstances, including without limitation when
the network or facilities are not operating or if normal electrical
power to the MTA, ALA or AEG is interrupted and such
equipment does not have a functioning backup. Customer also
understands and acknowledges that the performance of the
battery backup is not guaranteed. If the battery backup does not
provide power, Voice Services will not function until normal
power is restored. Customer also understands that certain online
features of Voice Service, where such features are available, will
not be available under certain circumstances, including but not
limited to the interruption of the Internet connection.
17A.2 Provision of Service. Subject to the terms and
conditions herein, Voice Services are intended for commercial
use only.
11
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
ARTICLE 18: LIMITATIONS OF 911/E911
18.1 Limitations. Voice Services includes a 91 U Enhanced
911 function (`911 /E911 ") that may differ from the 911 or
Enhanced 911 function furnished by other providers. As such, it
may have certain limitations. CUSTOMER ACKNOWLEDGES
AND ACCEPTS ANY LIMITATIONS OF 911/E911.
18.2 Correct Address. In order for Customer's 911/E911
calls to be properly directed to emergency services, Comeast
must have Customer's correct Service Location address. If
Customer moves Voice Service to a different Service Location
without Comcast's approval, 911/E911 calls may be directed to
the wrong emergency authority, may transmit the wrong Service
Location address, and/or Voice Service (including 9LUE911)
may fail altogether. Therefore, Customer must contact Comeast
at least five (5) days before moving Voice Service to a new
Service Location. All changes in Service Location require
Comcast's prior approval.
18.3 Service Interruptions. Customer acknowledges and
understands that Voice Service uses the electrical power in
Customer's Service Location. If there is an electrical power
outage, 911 calling may be interrupted if the battery backup in
the associated MIA, ALA or AEG is not installed, fails, or is
exhausted after several hours. Furthermore, calls, including calls
to 91l/E911, may not be completed if Customer exceeds its
Voice Service and equipment configuration calling capacity or if
there is a problem with network facilities, including network
congestion, network/equipment /power failure, or another
technical problem.
18.4 Suspension and Termination by Comcast. Customer
understands and acknowledges that Voice Service, including
91 VE911, as well as all online features of Voice Service, where
Comcast make these features available, will be disabled if
Customer's account is suspended or terminated.
18.5 LIMITATION OF LIABILITY AND
INDEMNIFICATION. CUSTOMER ACKNOWLEDGES
AND AGREES THAT NEITHER COMCAST NOR ITS
ASSOCIATED PARTIES WILL BE LIABLE FOR ANY
VOICE SERVICE OUTAGE. INABILITY TO DIAL 911
USING THE SERVICES, AND /OR INABILITY TO ACCESS
EMERGENCY SERVICE PERSONNEL. CUSTOMER
AGREE. TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS COMCAST AND ITS ASSOCIATED PARTIES
FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES,
FINES, PENALTIES, COSTS, AND EXPENSES
(INCLUDING BUT NOT LIMITED TO REASONABLE
ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER
OR ANY THIRD PARTY OR USER OF THE VOICE
SERVICES RELATING TO THE FAILURE OR OUTAGE OF
THE SERVICES, INCLUDING THOSE RELATED TO
911/E911.
ARTICLE 19• VOICE EOUIPMENT REOUIREMENTS
19.1 MTA. To use Voice Service, Customer will need a
multimedia terminal adapter ("MTA "), application layer
gateway ( "ALG "), analog telephone adapter ( "ATA ") or other
adapter device. Customer can lease an MIA from Comcast, in
which case it will be Comcast Equipment. Or, in some areas,
Comcast may permit Customer to use Voice Service with an
MTA that Customer has purchased, in which case the MTA will
be Customer Equipment. Customer agrees to keep the MTA
plugged into a working electrical power outlet at all times.
19.2 Incompatible Equipment and Services. Customer
acknowledges and understands Voice Service may not support
or be compatible with:
(a) Non- recommended configurations including but not
limited to MTAs, ATAs or ALGs not currently certified by
Comcast as compatible with Voice Service;
(b) Certain non -voice communications equipment.
including certain makes or models of alarm and security
systems, certain medical monitoring devices, certain fax
machines, and certain "dial -up" modems:
(c) Rotary -dial phone handsets, pulse -dial phone handsets,
and models of other voice - related communications equipment
such as certain private branch exchange (PBX) equipment,
answering machines, and traditional Caller ID units;
(d) Casual /dial around (10 -10) calling; 976, 900, 700, or
500 number calling;
(e) 311, 511, or other x I I calling (other than 411, 611. 711.
and 911); and
(t) Other call types not expressly set forth in Comcast's
product literature (e.g., outbound shore -to -ship calling).
ARTICLE20: ADDITIONAL LIMITATIONS ON
COMCAST'S LIABILITY FOR VOICE SERVICE
20.1 Limitations on Comcast's Liability for Directories
and Directory Assistance for Voice Service Customers.
THESE LIMITATIONS SHALL APPLY WHERE COMCAST
MAKES AVAILABLE AN OP HON TO LIST CUSTOMER'S
NAME, ADDRESS, AND /OR TELEPHONE NUMBER IN A
PUBLISHED DIRECTORY OR DIRECTORY ASSISTANCE
DATABASE, AND ONE OR MORE OF THE FOLLOWING
CONDITIONS OCCURS: (i) CUSTOMER REQUESTS THAT
CUSTOMER'S NAME, ADDRESS AND /OR PHONE
NUMBER BE OMITTED FROM A DIRECTORY OR
DIRECTORY ASSISTANCE DATABASE, BUT THAT
INFORMATION IS INCLUDED IN EITHER OR BOTH; (ii)
CUSTOMER REQUESTS THAT CUSTOMER'S NAME„
ADDRESS AND /OR PHONE NUMBER BE INCLUDED IN A
DIRECTORY OR DIRECTORY ASSISTANCE DATABASE,
BUT THAT INFORMATION IS OMITTED FROM EITHER
OR BOTH; OR (iii) THE PUBLISHED OR LISTED
INFORMATION FOR CUSTOMER'S ACCOUNT CONTAINS
MATERIAL ERRORS OR OMISSIONS. IF ANY OF THESE
CONDITIONS PERTAIN, THEN THE AGGREGATE
LIABILITY OF COMCAST AND ITS ASSOCIATED
PARTIES SHALL NOT EXCEED THE MONTHLY
CHARGES, IF ANY, WHICH CUSTOMER HAS ACTUALLY
PAID TO COMCAST TO LIST, PUBLISH, NOT LIST. OR
NOT PUBLISH I IIE INFORMATION FOR THE AFFECTED
PERIOD. CUSTOMER SHALL HOLD HARMLESS
COMCAST AND ITS ASSOCIATED PARTIES AGAINST
12
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR
CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY THE ERRORS AND OMISSIONS
REFERENCED ABOVE. FURTHERMORE, IF COMCAST
MAKES AVAILABLE DIRECTORY ADVERTISING
SERVICES, NEITHER COMCAST NOR ANY OF ITS
ASSOCIATED PARTIES WILL BE LIABLE FOR ANY ACTS,
ERRORS, OR OMISSIONS RELATED TO SUCH
DIRECTORY ADVERTISING.
20.2 CUSTOMER INFORMATION. Comcast and its
suppliers reserve the right both during the term of this
Agreement and upon its termination to delete
Customer's voicemail, call detail, data, files, or other
information that is stored on Comcast's or its suppliers'
servers or systems, in accordance with our storage
policies. Customer understands and acknowledges that
Comcast shall have no liability whatsoever as a result
of the loss or removal of any such voicemail, call
detail, data, files, or other information.
ARTICLE 20A: ADDITIONAL TERMS APPLICABLE TO
TOLL FREE SERVICES
In addition to Articles 1 THROUGH 13 and Articles 17
THROUGH 20, the following Article 20A is specifically applicable
to Toll Free Services offered by Comcast
20A.1 Limitation. Subject to service availability, Customer
may order Tall Free Services. Toll Free Services are not
intended for residential use. In order to purchase and retain Toll
Free Service with Comcast, Customer must have Voice Services,
and must map each Toll Free telephone number ( "TFN ") to a
Voice Service telephone number ("Associated TN "). If
Customer terminates an Associated TN at any time during the
Toll Free Services term, Customer must immediately: (1) map
the applicable TFN to another Digital Voice telephone number
on Customer's Comcast account, (2) purchase a new Digital
Voice telephone number to map to the TFN, (3) port out the
TFN to another toll free carrier; or (4) disconnect the TFN. If
Customer fails to take immediate action as indicated above,
Comcast will disconnect the TFN. Comcast shall have no
liability for loss of Toll Free Services which results from
Customer failing to take immediate action as indicated above.
20A.2 Term and Termination. Toll Free Services are offered
on a month to month basis. Customer shall have the right to
terminate Toll Free Services, at any time, for any reason, upon
thirty (30) days prior notice to Comcast, subject to payment of
all outstanding amounts due for the Toll Free Services and the
return of any and all Comcast Equipment. Termination of Toll
Free Services is not subject to Termination Charges. Toll Free
Services will terminate simultaneously with Customer's Voice
Services.
20A.3 Authorization. When ordering Toll Free Service, as
set forth or referenced in each applicable Service Order
Customer authorizes Comcast to act as its agent in initiating and
provisioning such Toll Free Service.
20A.4. Toll Free Charges
(a) Prices. Toll Free Service is subject to the toll free
pricing identified in the applicable Service Order, or if none
stated, subject to the pricing lists and fees found at
htnr /heww comcast comicora) orate /about /phonelermsofservice /e
omcastdigitalvoice /cdvbusincss hlml
(b) Billing Increments. Unless otherwise stated in a
Service Order, usagc-based charges will be billed on either a
per- minute or per- message basis. Service calls invoiced on a
per - minute basis will have an initial minimum call duration of
one (1) minute, subsequent intervals of one (1) minute each, and
will be billed by rounding to the next whole minute.
(c) Rounding of Charges. Comcast reserves the right to
round up any and all invoice amounts to the nearest one (1) cent.
(d) Provision of Service. Subject to the terms and
conditions herein, Toll Free Services are intended for
commercial use only.
ARTICLE 20B: ADDITIONAL TERMS APPLICABLE TO
In addition to provisions I THROUGH 13 and Articles 17
THROUGH 20 above, the following Article 20B is specifically
applicable to Trunk Services offered by Comcast:
20B. I Limitation. Subject to service availability. Customer
may order Trunk Services. Trunk Services are not intended for
residential use.
20B.2 911 Notice for Trunk Services. Customer expressly
acknowledges and agrees that it has reviewed, understands, and
agrees to the terms set forth below.
(a) Customer action is essential to the protection of its
employees and other users of the Trunk Services, as
described below. Multi -line telephone systems, such as PBX
systems, ordinarily only transmit the same, generic location
information for all 911 calls placed from any handsel connected
to the PBX or other system. For example, in the case of a
business with telephone extensions in three buildings and
multiple floors in each building, the E911 call taker would only
see the same main telephone number and location that the
customer has identified, regardless of which station was used to
place the call. If Customer does not take action as described
below, fire, police and other emergency responders may be
delayed or even prevented from timely reaching its location
in response to a 911 call.
(b) Comcast offers the opportunity for Customers to
designate up to ten different zones within their premises that
would be separately identified to the E911 call taker, such as a
specific floor, side of a building, or other identifying
13
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
information that could assist emergency responders to more
quickly reach the appropriate location. To utilize this option,
Customer must in the initial or a subsequent Sery ice Order
request the assignment of Emergency Location Information
numbers and provide location information for each zone exactly
as it should appear to the 911 call taker. For each zone
requested, up to ten, Customer will receive a phone number that
Comcast will register in the 911 database or databases with the
specific location information provided by Customer. Customer
is solely responsible for programming its telephone system to
map each station to one of these numbers, and for updating the
system as necessary to reflect moves or additions of stations
within the premises.
W Many stales now require businesses using multi -line
telephone systems to program their systems to transmit specific
location information for 911 calls. Customer acknowledges and
understands that it, and not Comcast, bears sole responsibility to
ensure that it identifies and complies with all such applicable
laws, and any failure to do so is a breach of the Agreement.
Customer represents, warrants and covenants that it will utilize
the Comcast Emergency Location Information numbers
described above at least to the extent required by law, and that
Customer does not require the use of more than ten different
location identifiers or other features not currently offered under
this Agreement in order to comply with applicable laws.
Customer also warrants that it does not currently have "Private
Switch/Automatic Location Identification" service in connection
with its existing telephone service from another provider at the
location(s) for which it has ordered Trunk Services from
Comcast.
Of Comcast will post only the main billing telephone
number in the 911 database or databases using Customer's
billing address as the Registered Location, unless Customer
requests the assignment of Emergency Location Information as
set forth above. Customer must notify Comcast at least five (5)
days prior to moving the Trunk Service to another location.
Customer acknowledges that if they move prior to providing
such notice and a 911 call is placed using the Trunk Services, or
if Customer when using Emergency Location Information
numbers does not timely update their telephone system to
account for internal moves, adds and changes, the E911 call
taker may see incorrect or incomplete location information and
the caller may need to confirm their actual location information
to the call taker.
(e) Some businesses elect to make test calls to 911 from
multiple stations to verify that the 911 call taker receives the
desired location information and is able to call back one or more
of the telephone numbers that they receive to confirm it rings to
the station from which the 911 call was placed. If Customer
chooses to do so, it agrees to obtain prior approval from the
relevant emergency communications center and assumes all
responsibility for the placement of such calls.
208.3 Recommended Battery Back -Up is NOT Included
Customer acknowledges and understands that the Trunk
Services use the electrical power from the Service Location.
Customer understands and acknowledges that they may lose
access to and use of the Trunk Services, including 911/E91 I, if
electrical power to the Integrated Access Device (IAD), PBX
switch, and/or handsets is interrupted and such devices are not
supported by a working battery backup. Customer also
understands and acknowledges that Comcast does not provide a
battery backup for such devices and Customer is urged to
arrange for their own backup power supply to these devices. In
the event of a power outage, the duration of Trunk Service
during a power outage using the Comcast Equipment installed to
provide Trunk Service will depend on Customer's backup power
choice. If the IAD is disconnected or removed and /or a battery
is not charged, Trunk Service, including access to 911, will not
be available. Customer acknowledges and agrees that in the
event of a power failure, Comcast bears no responsibility for
such loss of service.
20B.4 Customer Responsibility for Telephone Equipment
(a) Customer is solely responsible for providing and
maintaining working PBX equipment and handsets (Customer -
Provided Equipment), notifying and training its users regarding
proper use of the system in accordance with applicable,
including regulatory, requirements, and for any programming to
its telephone system that may be necessary to enable direct
dialing of N11 numbers such as 911 or 711 and to enable calls to
be connected to new area codes. Customer also acknowledges
and accepts that Comcast does not support seven -digit local
calling even in areas of the country that still permit that option,
and Customer will program its system as necessary to support
ten -digit dialing for local calls.
(b) Comcast shall not be responsible to the Customer if
changes in any of the facilities, operations or procedures of
Comcast utilized in the provision of Trunk Service render any
Customer - Provided Equipment or other equipment provided by
a Customer obsolete or require modification or alteration of
such equipment or system or otherwise affect its use or
performance.
(c) Customer must arrange its Customer - Provided
Equipment to provide for the interception of assigned but
unused station numbers. A call intercepted by the attendant will
be considered to be completed and subject to a charge for the
call.
(d) Customer acknowledges and agrees that Trunk Service
is not compatible with alarm and security systems, certain
medical monitoring devices, certain fax machines, and certain
"dial -up" modems. Customer's attempt to use any such systems
in connection with Trunk Services is solely at its own risk and
Comcast shall not be liable for any damages whatsoever for any
non - operation or damage to such services or devices.
208.5 Trunk Service Charges.
14
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
(a) Prices. Trunk Service is subject to the trunk service
pricing identified in the applicable Service Order, and subject to
the pricing lists and fees found at
htil2' //wNNxx.cL)mcast.com/corporate/4hotit/'phoneteimsoi*ser\ icc/c
omcasidigitak &c /cdvbusiness html.
(b) Billing Increments. Unless otherwise stated in a
Service Order, domestic long distance calls, and in -bound
domestic calls to toll -free numbers associated with Trunk
Services will be billed on basis of six (6) second increments
with a minimum call duration of six (6) seconds. All other calls
will be billed in accordance with the increments identified in the
pricing lists and fees found
atlitLp�//xNx%,sa .conicast.com/coir)oi ate
/ abouUphonetermsofservice /contcasidigitalvoicc /cdv business.ht
ml. For purposes of this section, "domestic" means calls within
the continental United States.
(c) Pooled Minutes. Each channel purchased in
connection with 'trunk Service includes a monthly allotment of
200 minutes of domestic long distance. These minutes shall be
pooled at the Service Location level within an account. Any
usage in excess of the earned amount shall be considered
overage and be rated at the then current rate. Unused minutes
expire at the end of the billing period and are not carried
forward or otherwise creditable to Customer's account.
ARTICLE 20C: ADDITIONAL TERMS APPLICABLE TO
ENHANCED VOICE SERVICES
In addition to Articles 1 THROUGH 13 and provisions .Articles 17A
THROUGH 20 above, the following Article 20C is applicable to
Enhanced Voice Services offered b) Comcast, specifically Managed
Voice Services and Branch Office Voice Services:
20C.1 Limitation. Subject to service availability, Customer
may order Enhanced Voice Services as further described in the
Services Description(s) located at
littp�Hhusiiiess.cojiicast.com/N%elvome. Enhanced Voice Services
are not intended for residential use. In order to purchase and
retain Enhanced Voice Services with Comcast, Customer must
have Internet Services. Enhanced Voice Services will not
operate if Customer terminates Internet Service or has
improperly set the Disaster Recover feature at any time during
the Enhanced Voice Services Term. Comcast shall have no
liability for loss of Enhanced Voice Services which results from
Customer terminating Internet Sery ice or due to feature mis-
configuration.
20C.2 USAGE BILLING
(a) Enhanced Voice Service calling plans billed as a flat
monthly fee may, not include certain call types. These excluded
call types will instead be charged on a per -call basis (e.g.,
operator services) or a measured basis (e.g., international calls).
Generally, for billing purposes, a measured call begins when the
call is answered by the called party or an automated answering
device (such as an answering machine or fax machine); it ends
when one of the parties disconnects the call.
(b) Notwithstanding anything to the contrary in this
Agreement, some providers (e.g., those involved in calls to
foreign countries) charge for a completed call when the called
party's line rings or after a certain number of rings. If such a
provider charges Comcast or its Associated Parties, as if such a
call were answered by the called party, Comcast will charge
Customer for a completed call. Enhanced Voice Service pricing
lists and fees can be found in the Enhanced Voice Services
Description at htti)�//wcNw .comcast.com/tarifls.
(c) Billing Increments. Billing increment for Enhanced
Voice Services are identified in the Service Description found at
httn //business comcast comhselcome.
(d) Rounding of Charges. Comcast reserves the right to
round up any and all invoice amounts to the nearest one (1) cent.
20C.3 Recommended Battery Back -Up is NOT Included
Customer acknowledges and understands that the Enhanced
Voice Services use the electrical power from the Service
Location. Customer understands and acknowledges that they
may lose access to and use of the Enhanced Voice Services,
including 911/E911, if electrical power to the Application Layer
Gateway (ALG), and /or Analog Telephone Adapter (ATA),
and/or handsets is interrupted and such devices are not
supported by a working battery backup. Customer also
understands and acknowledges that Comcast does not provide a
battery backup for such devices and Customer is urged to
arrange for their own backup power supply to these devices. In
the event of a power outage, the duration of Enhanced Voice
Service during a power outage using the Comcast Equipment
installed to provide Enhanced Voice Service will depend on
Customer's backup power choice and proper configuration of
their Disaster Recovery feature. If the ALG and/or handset is
disconnected or removed and /or a battery is not charged,
Enhanced Voice Scrvice, including access to 911, will not be
available. Customer acknowledges and agrees that in the event
of a power failure, Comcast bears no responsibility for such loss
of service.
Comcast shall not be responsible to the Customer if changes in
any of the facilities, operations or procedures of Comcast
utilized in the provision of Enhanced Voice Service render any
Customer - Provided Equipment or other equipment provided by
a Customer obsolete or require modification or alteration of
such equipment or system or otherwise affect its use or
performance
Customer acknowledges and agrees that Enhanced Voice
Service is not compatible with alarm and security systems,
medical monitoring devices, certain fax machines, and certain
"dial -up" modems and overhead paging systems. Customer's
attempt to use any such systems in connection with Enhanced
Voice Services is solely at its own risk and Comcast shall not be
liable for any damages whatsoever for any non - operation or
damage to such services or devices.
15
V. 13 Effective MAR 1. 2011
COMCAST BUSINESS SERVICES
20CA Customer - initiated 911 Testing for Enhanced Voice
ervices. Some businesses elect to make test calls to 911 from
multiple stations to verity, that the 911 call taker receives the
desired location information and is able to call back one or more
of the telephone numbers that they receive to confirm it rings to
the station from which the 911 call was placed. If Customer
chooses to do so, it agrees to obtain prior approval from the
relevant emergency communications center and assumes all
responsibility for the placement of such calls.
20C.5 Prohibited Use. Comcast prohibits use of the Enhanced
Voice Service for high - volume auto - dialing, continuous or
extensive call forwarding, high - volume telemarketing
(including, without limitation, charitable or political solicitation
or polling), fax or voicemail broadcasting or blasting for
services with unlimited local and long distance calling plans.
Comcast reserves the right to immediately suspend, disconnect
or modify Customer's use of the Enhanced Voice Sery ices if, in
its sole discretion, Comcast determines or reasonably suspects
that Customer or its end users are using for any of the
aforementioned or similar activities.
ADDITIONAL TERMS APPLICABLE TO VIDEO
SERVICES AND PUBLIC VIEW VIDEO SERVICES
In addition to provisions I THROUGH 13 above, the following
Articles 21 through 24 are specifically applicable to Video Services
and Public View Video Services:
ARTICLE 21: LIMITATION OF SERVICE.
21.1 Redistribution Limitation. Customer hereby
acknowledges and agrees that Comcast does not have the
absolute right to distribute pay - per -view video programming
(including programming such as sporting events) and certain
premium video services to commercial establishments.
Therefore, Customer agrees that it shall not exhibit nor assist in
the exhibition of any such programming unless explicitly
authorized to do so, in advance and in writing, by Comcast and
the applicable program or event distributor. In requesting such
explicit authorization, Customer agrees to identify itself as a
commercial establishment. Customer shall not, and shall not
authorize or permit any other person to (i) copy, record, dub,
duplicate, alter or make or manufacture any recordings or other
reproductions of Video and/or Public View Video (or any part
thereof): (ii) transmit Video and /or Public View Video (or any
part thereof) by any television or radio broadcast or by any other
means or use Video and /or Public View Video (or any part
thereof) outside the of the Service Locations(s). Customer
acknowledges that such duplication or reproduction may subject
Customer to criminal penalties under applicable copyright
and /or trademark laws. Customer agrees to not move any
Comcast Equipment, from another location to any Service
Location. Customer further agrees not to undertake any activity
related to the unauthorized reception of the Video and /or Public
View Video at any Service Locations.
21.2 Additional Licenses. Customer shall not, and shall
not authorize or permit any other person to (i) charge a cover
charge or admission fee to the Service Locations) at the time
Video and /or Public View Video (or any part thereof) is being or
is to be performed therein; (ii) permit dancing, skating or other
similar forms of entertainment or physical activity in
conjunction with the performance of Video and /or Public View
Video (or any part thereof) unless Customer has obtained all
necessary licenses and authorizations from the applicable
copyright owners (Customer acknowledges and agrees that it
shall be solely responsible for the payment of any charges or
fees in connection therewith); or (iii) insert any commercial
announcements into Video and/or Public View Video, or
interrupt any performance of Video and /or Public View Video
for the making of any commercial announcements, except that
public address commercial announcements may be made
concerning goods or services sold or offered to the public at the
Service Location provided that no compensation (whether in
money or in any other form) is paid by any person or entity,
directly or indirectly, for such announcements unless pursuant to
a separate written agreement which permits store - casting or ad-
casting. Customer acknowledges and understands Customer
may be responsible for additional music licensing or copyright
fees for music contained in any or all of the Services, including,
but not limited to Video and/or Public View Video.
21.3 Provision of Service: Video Services Only. Video
Service, including without limitation IID DVR service, is for
private commercial viewing venues only, and is not for use in
public viewing areas such as bars, restaurants, fitness centers or
at residential addresses. Further, Customer acknowledges and
agrees that Comcast has the right at any time to preempt,
without prior notice, specific programs and to determine what
substitute programming, if any, shall be made available. As to
Video Service only, Comcast may in its discretion make
additions, deletions or modifications to its channel line -up
without liability to Customer or anyone claiming through
Customer. Comcast shall not be liable for failure to deliver any
programming, which is caused, by the failure of the programmer
to deliver or make such programming available to Comcast or
any other reason beyond the reasonable control of Comcast.
21.4 Additional Sets. Customer agrees not to add
additional sets or disturb, alter or remove any portion of the
Comcast Equipment. Any unauthorized connection or other
tampering with Video, Public View Video or Comcast
Equipment shall be cause for disconnection of the applicable
Service, legal action and Comcast shall be entitled to recover
damages, including, but not limited to, the value of any Services
illegally obtained plus reasonable collection costs including
reasonable attorney's fees.
ARTICLE 22: VIDEO INDEMNIFICATION
In addition to the indemnification obligations contained
elsewhere in this Agreement, Customers using Video and /or
Public View Video agree to indemnify and hold Comcast
harmless from any and all demands, claims, suits, costs of
defense, reasonable attorney's fees, witness fees and other
expenses for claims relating to or resulting from the
unauthorized commercial exhibition of the Video and/or Public
View Video, including without limitation, pay- per -view video
programming and premium video services.
16
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
ARTICLE 23: STATE - SPECIFIC PROVISIONS
APPLICABLE TO VIDEO SERVICE AND PUBLIC VIEW
VIDEO SERVICE.
23.1 Disruption of Service.
(a) Connecticut Customers. In the event of an
interruption of Video or Public View Video of more than
twenty-four (24) consecutive hours and of which Comcast has
received actual notice, a credit will be issued to Customer's
Video and/or Public View Video monthly service charges for the
length of time such Service was interrupted.
(b) New York Customers. In the event of an interruption
of Video or Public View Video Service for at least four (4) hours
between 6:00pm and 12:00am, except for emergency notice
events, a credit equal to one day will be issued to Customer's
Video or Public Vide Video monthly service charges. If
Customer's Video or Public View Video is interrupted for less
than four (4) hours or outside of the hours of 6:00pm and
12:00am, please call 1- 860 - 827 -2622 to request a credit.
(c) Vermont Customers. In the event of an interruption of
Video or Public View Video for more than twenty -four
consecutive hours and of which Comcast has received actual
notice, Comcast will issue a credit to Customer's Video or
Public View Video monthly service charges for the total period
of the interruption in an amount proportionate to Customer's
regular monthly service charge. If Comcast has not been made
aware of the interruption, Customer must call 1- 860 - 827 -2622
to request a credit.
23.2 Regulatory Contact Information. Customer may
contact the Comcast corporate offices at One Comcast Center,
1701 JFK Blvd., Philadelphia, PA 19103 with concerns and
complaints.
(a) Connecticut Customers. If Comcast is unable to
resolve Customer's problem, Customer may contact the
Connecticut Department of Utility Control at 1- 800 - 382 -4586
(loll free within Connecticut) or 1 -860- 827 -2622 (outside
Connecticut) or TDD 1 -860- 827 -2837.
(b) Maine and New Hampshire Customers. The Office
of the Attorney General Consumer Protection and Antitrust
Bureau has the authority to enforce Consumer Protection laws
and provide assistance in the mediation of consumer complaints.
Customers should file written complaints concerning any
alleged misrepresentations and unfair and deceptive practices of
a cable company to:
Maine — Office of the Attorney General, Department of
Consumer Fraud and Antitrust, State House Station #6, Augusta,
ME 04333.
New Hampshire — Office of the Attorney General, Department
of Consumer Fraud and Antitrust, 25 Capital Street, Concord,
NI 1 03301.
(c) Maryland Customers.
Montgomery County, MD Customers - Under its franchise with
Montgomery County, Comcast has the following rebate policy:
In the cccnt of a Video or Public View Vidal Seitiice
Interruption (loss of picture or sound of one or more channels to
any customer) Comcast shall repair the Service Interruption as
soon as possible. 'I his obligation is satisfied it Comcast offcis
Customer the nest available repair appointment within the 24-
hour period following the Service Interruption, or at Customer's
request. to a mutually convenient later time for the repair call.
and successfully repairs the Service Interruption during the
agreed upon appointment. If the Service Interruption is not
repaired at the time of the scheduled appointment. Customer
will receive a credit of 10 "/0 of your normal monthh bill for
Video or Public Vieww Video for each 24 -hour period, or segment
thereof that the Service Interruption continues beyond the
scheduled repair call. Customers mac contact Conicasl at (301 )
424 -4400.
Prince Georges Coumv, MD Customers - In the event of a Video
or Public View Video Service Interruption (loss of picture or
sound clone or more channel to am customer) lasting between
two (2) and six (6) hours, Customer shall be entitled upon
request, to a pro -rata credit for such Scrvice interruption. In the
event of a Service Interruption lasting between six (6) and
twenty -lour (24) consecutive hours, Custonmr shall be entitled
to a pro -rata credit equal to one day of Customer's monthly
Scrvice charge.
(d) Massachusetts Customers. In addition to the above,
Customer may contact its local franchise authority : the
Consumer Division of the Department of Telecommunications
and Energy toll free at 1- 800 - 392 -6066 or write to the DTE at
One South Station, Boston, MA 02110.
(e) New York Customers. If Comcast is unable to resob. e
Customer's problem, Customer may their local government or
call the New York State Public Service Commission (PSC) at
1- 800 - 342 -3377, or write to: Customer Service
Representative, New York State Public Service Commission,
Office of Customer Service, Three Empire State Plaza, Albany,
NY 12223 -1350.
(f) Vermont Customers. The Vermont Department of
Public Service can provide assistance in the resolution of
consumer complaints. Customers should file complaints with
the Customer Hotline at 1- 800 -622 -4496.
23.3 Billing_ Questions.
(a) Sacramento, CA Customers. If than are any billing
errors or other requests for credit. QlstOnler must intorm
Comcast wwithin sixty (60) days of the time Customer receives
the disputed bill. unless applicable law provides for a longer
period which cannot be waived or otherwise modified. Comcast
will investigate and respond to all complaints within five (5)
business days of the receipt of the complaint. In some cases an
investigation might require a search of historical records that
could take up to fourteen (14) business days. If Customer
bclicwas a payment was made which was not credited to
Customers account. a cope of a cancelled check or money order
nay be required and the disputed amount will be set aside for up
to fourteen (14) days wchile Customer gather that documentation.
17
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
23.4 Access to Customer's Premises. Credit for Missed
Appointments.
(a) West Bay and San Francisco, CA Customers. It
Comcast fails to keep a scheduled Video or Public View Video
appointment, Comcast will credit Customer's account with
either tree installation or a settiice call free of charge if the
appointment was for an installation m scrwice call for which a
fee was to be charged, or a minimum credit of S20.
(b) Sacramento, CA Customers. If Comcast fails to keep
a scheduled appointment. Comcast kill credit CustoineCs
account with one ( I) month of Limited Commercial Basic up to
a maximum credit equal to one month of the Standard
Commercial Cable price.
23.5 Remedies for Late Payment/Non- payment.
(a) Maryland Customers. If Customer fails to make anc
required payment for the Video or Public View Video Services
by the payment due date or pays less than the full amount due
tot such Services. C'onicast mac bill fees. charges and
assessments related to late payments or non - payments.
(1) EACH MARYLAND CUSTOMER WILT, BI(
ASSESSED A LAI I, 1 EI1 OE $5.00 PER MON "III FOR EACH
VIDEO OR PUBLIC VII' k VIDEO SERVICE ACCOUNT
THAI HAS NOT BlIFN PAID IN LULL AFTER 45 DAYS
PROM fill' DA'I F 171E INVOICE WAS SFN'I.
(2) Montgomery County, MD Customers Only.
CUSTO;YIER WILL BE ASSESSED A LATE FEE OF $4.00
PER MONIII FOR EACH VIDFOOR PUBLIC VIEW VIDEO
SERVICE ACCOUNT "Il IAT I IAS NOT BIF,N PAID IN Fill,[,
AFFFIZ 45 DAYS FROM 'IIIF DATE. Illy. INVOICE WAS
SI.N I'.
23.6 Provisions specific to Prince Georges County, MD
Video or Public View Video Customers.
(a) Deposits. If Conicasl disconnects Customer's Video
or Public View Video Secs ice(s) or is otherwise required wider
applicable lawn to a refund of any deposit. Comcast shall within
thirty (30) days or C'ustomer's nest billing cede. whichever is
earlier. return a suns equal to the deposit(s) Customer paid
(without interest unless othenwise required by law) minus any
amounts due on Customer's account (including without
limitation, any amounts owed for Services or for any Comcast
Fquipment that is damaged, altered, or not returned).
(b) Termination of Video or Public View Video Service by
Customer. All applicable fees and charges will accrue until the
termination of this Agreement or the date Customer requests the
Ser ices to be disconnected. whichever is earlier.
ARTICLE 24: CHARGES
Comcast may modify the charges for Video Services and/or
Public View Video Services subject to thirty (30) days prior
notice to Customer. Customer will have thirty (30) days from
receipt of such notice to cancel Video Services and/or Public
View Video Service without further liability beyond the
termination date. Should Customer fail to cancel within this
timeframe, Customer will be deemed to have accepted the
modified Video Service and/or Public View Video Service
pricing.
ADDITIONAL TERMS APPLICABLE TO PUBLIC
VIEW VIDEO SERVICES
In addition to provisions 1 THROUGH 13 and provisions 21
THROUGH 24 above, the following Article 25 is specifically
applicable to Public View Video Services:
ARTICLE 25• PROVISION OF SERVICE - PUBLIC VIEW
VIDE
Subject to the terms and conditions herein, Public View Video
Service is intended for use in commercial, public viewing areas
such as bars and restaurants. Customer acknowledges and agrees
that Comcast has the right at any time to preempt, without prior
notice, specific programs and to determine what substitute
programming, if any, shall be made available. Comcast may in
its discretion make additions, deletions or modifications to its
Public View Video channel line -up without liability to Customer
or anyone claiming through Customer. In the event Comcast
makes a material change to the Public View Video channel line-
up, Customer will have thirty (30) days from the date of the
material channel lineup change to cancel Public View Video
Service without further liability beyond the termination date.
Should Customer fail to cancel within this timcframe, Customer
will be deemed to have accepted the modified Public Vic"
Video channel lineup. Comcast shall not be liable for failure to
deliver any programming, which is caused, by the failure of the
programmer to deliver or make such programming available to
Comcast or any other reason beyond the reasonable control of
Comcast.
18
V. 13 Effective MAR 1, 2011
COMCAST BUSINESS SERVICES
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
E -mail: clerkag)roanokeva.gov
April 22, 2014
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CIVIC
Assistant Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 39910 - 042114 to appropriate funding
from the Virginia Department of Education State Operated Programs grant for
educational services, amending and reordaining certain sections of the 2013 - 2014
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, and is in full force and effect upon its
passage.
Sin e
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director, Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39910 - 012114.
AN ORDINANCE to appropriate funding from the Virginia Department of Education State
Operated Programs grant for educational services, amending and reordaining certain sections of the
2013 -2014 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 2013-
2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read
and provide as follows:
Appropriations
Juvenile Detention Education
Coordinators /Instructors
Retiree Health Credit
Social Security /FICA
Virginia Retirement System
Health /Dental Insurance
State Group Life Insurance
Professional Development
Mileage
Indirect Costs
Related Services
Instructional Supplies
Textbooks/Workbooks
Internet Services
Technology
Education Coordinators
Retiree Health Credit
Social Security/FICA
Virginia Retirement System
Health/Dental Insurance
State Group Life Insurance
Tech/Hardware Replacements
Revenues
State Grant Receipts
302 - 110 - 0000 - 1070 -316J- 61100 - 41138 -9 -09
$ 477,257
302 - 110 - 0000 - 1070 -316J- 61100- 42200 -9 -09
5,262
302- 110 - 0000 - 1070 -316J- 61100- 42201 -9 -09
36,266
302 -110- 0000 - 1070 -316J- 61100 - 42202 -9 -09
69,498
302 -110- 0000 - 1070 -316J- 61100- 42204 -9 -09
94,470
302- 110- 0000 - 1070 -316J- 61100 - 42205 -9 -09
5,641
302 - 110 - 0000 - 1070 -316J- 61100 - 45554 -9 -09
1,000
302 - 110- 0000 - 1070 -316J- 61100 - 45551 -9 -09
18,100
302- 110 - 0000 - 1070 -316J- 61100 - 62000 -9 -09
33,113
302 -110- 0000 - 1070 -316J- 61100 - 43313 -9 -09
1,000
302 - 110 - 0000 - 1070 -316J- 61100 - 46614 -9 -09
6,925
302- 110 - 0000 - 1070 -316J- 61100- 46620 -9 -09
1,000
302- 110- 0000 - 1070 -316J- 61100- 43313 -9 -09
13,900
302 - 110- 0000 - 1070 -316J- 61100- 46650 -9 -09
16,400
302 - 110 -0000- 1400 -316J- 61100 - 41138 -9 -09
188,193
302 - 110 - 0000 - 1400 -316J- 61100 - 42200 -9 -09
2,089
302 - 110 -0000- 1400 -316J- 61100 - 42201 -9 -09
14,397
302 -110- 0000 - 1400 -316J- 61100 - 42202 -9 -09
27,589
302 - 110- 0000 - 1400 -316J- 61100- 42204 -9 -09
19,737
302 - 110 - 0000 - 1400 -316J- 61100- 42205 -9 -09
2,239
302- 110- 0000 - 1070 -316J- 68100- 48110 -9 -09
10,000
302 - 000 - 0000 - 0000 -316J- 00000 - 32220 -0 -00
1,044,076
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title
is hereby dispensed with.
V
April 21, 2014
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, April 8, 2014,
the Board respectfully requests that City Council approve the
appropriation request below:
New Appropriation Award
Juvenile Detention Home /Clinics 2014 -15 $1,044,075.31
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton
Clerk
pc: Dan Callaghan
Chris Morrill
Ann Shawver
Todd A. Putney
Rita D. Bishop
Margaret Lindsey
Acquenatta Harris (w /details)
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
Todd A. Putney
Chairman
Suzanne P. Moore
Vice Chairman
William B. Hopkins, Jr.
Mae G. Huff
Annette Lewis
Lori E. Vaught
Richard Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
p: 540 - 853 -2381 f: 540- 853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
G 0
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: School Board Appropriation Request
Background /Considerations:
As the result of official School Board action at its April 8, 2014 meeting, the
Board respectfully requested that City Council appropriate funding as outlined
in this report.
The Virginia Department of Education (VDOE) State Operated Programs is a
grant that provides for educational services at the Roanoke Valley juvenile
Detention Center and Roanoke Child Development Clinics operated by the
Virginia Department of Health. The program is effective April 1, 2014 through
March 30, 2015 and will be fully reimbursed by state funds. This is a
continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and
adopt the attached budget ordinance to establish a revenue estimate and to
appropriate funding in the amount of $1,044,076 as outlined.
Ann H. Shawver
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Margaret Lindsey, Executive Director of Fiscal Services, RCPS
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
Fax: (540) 853 -1145
E -mail: clerk(aroanokeva.gov
April 22, 2014
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39911 - 042114 amending and reordaining
Article X, Public Dance Halls, of Chapter 21, Offenses- Miscellaneous, of the Code of
the City of Roanoke, Virginia (1979), as amended, by amending Article X, Public Dance
Halls, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke,
Virginia (1979), as amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, and is in full force and effect upon its
passage.
J
!�Ok_ ec phanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Elizabeth Bower, Manager, The Park, 615 Salem Avenue, S. W., Roanoke,
Virginia 24016
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39911 - 042114.
AN ORDINANCE amending and reordaining Article X, Public Dance Halls, of
Chapter 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979),
as amended, by amending Article X, Public Dance Halls, Chapter 21, Offenses -
Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended; providing
for an effective date; and dispensing with the second reading by title paragraph of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Article X, Public Dance Halls, of Chapter 21, Offenses - Miscellaneous, of the
Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and
provide as follows:
Chapter 21. Offenses - Miscellaneous
Article X. Public Dance Halls.
Sec. 21 -221. Definitions.
As used in this article:
Public Dance Hall means any place open to the general public
where dancing is permitted. However, any restaurant licensed
under Sections 4 -98.1 and 4 -98.2 of the Code of Virginia to
serve food and beverages, having a dance floor with an area not
exceeding ten (10) percent of the total public floor area of the
establishment, shall not be considered a public dance hall.
Public Floor Area means that square footage of an
establishment that is open to the general public. This does not
include kitchen space, restrooms, office space or meeting
rooms.
Chief of Police means the chief of police for the Police
Department of the City of Roanoke.
Owners means all persons or individuals having at least a ten
percent financial interest in a Public Dance Hall, including, but
not limited to, all partners, shareholders or interest holders.
Law - enforcement Officer means any full or part-time
employee of a police department or sheriffs office which is a
part of or administered by the Commonwealth or any political
subdivision thereof, and who is responsible for the prevention
and detection of crime and the enforcement of the penal, traffic
or highway laws of the Commonwealth as further defined by
Section 9.1 -101 of the Code of Virginia.
r1 +er- Security Officer means a natural person employed to (i)
safeguard and protect persons and property, or (ii) deter theft,
loss, or concealment of any tangible or intangible personal
property on the premises he is contracted to protect, and who is
legally able to canvic�s or haves access to a firearm in the
perfonnance of his or her duties and permitted as further
defined by Sections 9.1 -138 and 9.1 -1399 of the Code of
Virginia.
Sec. 21 -222. Permit Required to Operate a Dance Hall.
(a) No person shall operate a Public Dance Hall in the
City, without having first obtained a permit issued
pursuant to this article. No pen-nit shall be granted by
the Chief of Police for the operation of a Ppublic
Ddance Ilhall in the City, until the applicant has
complied with the requirements of this section.
(b) Any person desiring to obtain a permit for the operation
of a .Public Dance Hall shall make written application
therefor to the Chief of Police. Such application shall
contain the following information:
(1) The address and tax map number of the
proposed Public Dance Hall;
(2) The names and addresses of all Owners of the
proposed Public Dance Hall;
(3) A detailed drawing or sketch clearly showing
the layout of the Public Dance Hall and
indicating the amount of off - street parking
available for patrons;
(4) A detailed security plan to assist the police
department with crime prevention and crowd
control;
(5) An endorsement obtained from the Fire
Marshall or his /her designee certifying that the
FA
proposed Public Dance Hall complies with the
Statewide Fire Prevention Code;
(6) An endorsement obtained from the City's
Zoning Administrator or his /her designee
certifying that the proposed Public Dance Hall
complies with the Virginia Uniform Statewide
Building Code and the City's zoning ordinance.
(c) All permits issued pursuant to this article shall be valid
for one (1) year upon date of issuance. A Public Dance
Hall permit can be renewed by the Police Chief or
his /her designee. The renewal application shall be
submitted to the Police Chief at least thirty (30) days
prior to the expiration of the existing Public Dance Hall
permit. The renewal Public Dance Hall permit
application shall contain the same infonnation required
in the original permit, however such information must
be updated as of the date of the renewal application.
(d) No fee is required to be made by the person making an
application for a Public Dance Hall permit under this
article.
(e) Upon the filing of an application for a Public Dance
Hall permit or renewal of an existing permit, the Police
Chief or his/her designee may receive statements as
evidence relevant to the permit or renewal application.
A Public Dance Hall pen-nit application may be refused
if there is reasonable cause to believe that an applicant
or Owner of a proposed Public Dance Hall has,failed to
conply with or is in violation of anzF of the conditions
set forth in Virginia Code Section 4.1 -222 .for the
granting of a license fr•orn the Virginia Alcoholic
Beverage Control Board; or for a violation of aniv
provision of this Article.; (i) has evz; ed -' a
felany mnder the 1.,...,. „r e state, of of the United
States, of has b--- of any crime or offense
involving ..,i ce; % -) h.....,..,:.,... ....
.,ed a_noisy,
31,•,•h�nviiv -Uaye n " — i�� "•, vlt-- i3C- �01t��3 {iL i �it'
pi= 8vi�iAi3S-0 f- tikle�- e€- t112- C�- n�f�ii�,9i3T � °rte- rte} -h3§
..,.ti ..., F -Ir a
perii"i'ri= cnivij =thf& ciiIC
(f) A permit to operate a Public Dance Hall is not
transferable.
3
(g) The Police Chief or his /her designee may suspend or
revoke a permit granted under this article upon a
finding by the Police Chief that the holder of a Public
Dance Hall permit has firiled to comply with or is in
violation gf'on.i, of the conditions set forth in Virginia
Code Section 4.1 -232 /in- the granting qfa license fi-onr
the l'irginia Alcoholic Beverage Conhol Board; or,for
a violation of arw provision of this Article.:
Sec. 21 -223. Appeal of decisions of the Police Chief.
Any applicant or holder of a permit issued pursuant to this
article may appeal denial of their application; any suspension
or revocation of their Public Dance Hall permit; or surrender
of their restaurant license as allowed under Section 13 -15 of
the Code of the City of Roanoke to the City Manager under
the following procedures:
(1) An applicant or holder of a permit must file
their appeal with the Police Chief within thirty
(30) days of the denial, suspension or revocation
of a Public Dance Hall pennit.
(2) The City Manager will conduct a hearing of the
appeal within thirty (30) days of the applicant or
holder's filing of an appeal.
(3) The City Manager shall render a written
decision on the appeal within ten (10) business
days following the hearing after consulting with
the City Attorney. The Public Dance Hall
permit or restaurant license may be:
(i) Reinstated without conditions.
rd
(ii) Reinstated with conditions and /or restrictions.
(iii) Temporarily suspended for a period to
be set by the City Manager.
(iv) Permanently revoked.
(4) The decision of the City Manager and /or his /her
designee shall be the final decision regarding
the denial, suspension or revocation of a Public
Dance Hall permit or restaurant license.
Sec. 21 -224. Security Requirements.
Whenever the number of patrons in a Public Dance Hall is
below fifty (50), then the Public Dance Hall is not required to
have anv security employees or contractors inside or outside of
such I'ubGe Dance Hall. However, when the number of
patrons in a Public Dance Hall is ail f f v (50) or more, then the
Public Dance Hall shall have the following number of security
employees or contractors both inside and outside of such
Public Dance Ilall as set faith below:
Outside .Security Requirements
No. ofPatrons No of Law- Enforcement Officers
50 -300 One (1) Law- Enforcernent Officer
Over 300 Tiro (2) Law- Lnforcement Q %ficcrs
Inside Security Requirements
No. of Patrons _ No. ofSecurity Officers
50 -150 One (1) Security Of
151 -300 Two (2) Security Officers
Over 300 Three (3) Security Officers
A Public Dance Hall shall maintain the Outside Security
Requirements beginning at 11:00 p.m. of each Fridnv and
Saturday night and ending at 3:00 a.m. the following day. A
Public Dance hall shall maintain the Inside Security
Requirements beginning at 11:00 p.m. of each Friday and
Saturday night and ending at thirty (30) minutes after the
closing of the Public Dance Hall. The applicant or permit
holder ,for the Public Dance Hall shall be responsible for
ensuring the compliance of the Public Dance hall with this
section.
-
i
5
t- 1leli- {I32��iITI'�ti`ll..11 :- rcrn- sim "1-ci-in'vu -mrcc , iiii'it�- L'ii "�Cl ^ry'c�z°�
^. r- ccriirrcca�srrimcssst- c-lnP.�it- bvl-}Hnls.•Ital-l- -bL
ciflieet�rt #sic- lca- c�f4ltr�st- ablil;li,;;c ^,� ` o 'J1'„':nt�.�;;c= :� =t„'r =;� = =�.f
tialrons
Hi a 'iik�kic-- Bai3ce -{is #1 i� at leasftiiic hui3dred ai "'a fifty
( 1 c0) thn 51+a4- ha— ntff--%eeurity
.,traeta -. .,t 1e + F 1 1 11 h. Ida-
-s outside Lthe-- estalAshmeni —VAile+wv -er
tllf' -n u, rn; C- r- c^)i= paifCr:T.:iEiif."-tiiaii -t W C i- 1%Lifidl{?d- (2AEl)- t�i('fl -thL'
Publ:, Danee Hal 1- shal- I-- ha�a<-
huRdred (200), at lc$'n A-11 I, 1..w enfo..-,-...,.. t
vxravc�: ran- crsxa�.— va-- nx�- cumvrrxm�n'+�'y
1 F t- n4..- 1 it H
effipleye"L's -Of eontra'ca.- riT.xram -c.t
.1,..11 1.., validly :..a,,...zA J41,�1,., +,.te n.,....,. -tment .,F
Criminal 1 . c as ..,..,.:..,,d b,., c,.
..+:,.., 9.1 119 of the
Cade of era Virginia. T- -- •• iplicant or - Permit 1,.,1der f r the Publie
the p ,Al;., dance hall w4h t1.:s se wt:.,.,
Sec. 21 -225. Right of Entry of Law Enforcement.
Members of the city police department, city sheriff's office,
and city fire marshal may enter any public dance hall operated
pursuant to a permit issued under the provisions of this article
at all hours, to insure that the peace and quiet of the city are
preserved and that the conditions and restrictions of this article
are observed.
Sec. 21 -226. Operator not to Permit Intoxicated or Disorderly Persons
on Premises.
It shall be a violation of this article for any holder of a Public
Dance Hall permit to allow any person under the influence of
alcoholic beverages or any disorderly person to enter or remain
in a Public Dance Hall.
Sec. 21 -227. Minors prohibited if alcoholic beverages are sold; exception.
(a) It shall be unlawful for any minor to enter, be or remain
in any Public Dance Hall in the city or any other place
in the city open to the public where dancing is
penmitted and ongoim and where alcoholic beverages
are being consumed or are being sold or dispensed for
consumption therein or thereat, except on business, and
when on business, such minor shall be required to
depart therefrom as soon as his business is transacted.
6
(b) It shall be unlawful for the owner, operator or person in
charge of any Public Dance Hall in the city or of any
other place in the city open to the public where dancing
is permitted and ongoing; and where alcoholic
beverages are being consumed or are being sold or
dispensed for consumption therein or thereat, to allow
or permit any minor to enter, be or remain in any such
Public Dance Hall or place, except on business, and
when on business, such minor shall be required to
depart therefrom as soon as his business has been
transacted.
(c) The presence of any minor in any such Public Dance
Hall or such other place for the purpose of dancing or
watching dancing shall not be considered as being
therein on business.
(d) The tern "alcoholic beverages," when used in this
section, shall have the meaning prescribed by the state
Alcoholic Beverage Control Act (Section 4 -1 et seq.,
Code of Virginia).
(e) The owner, operator or person in charge of any such
Public Dance Hall or such other place open to the
public where dancing is permitted, and while dancing is
ongoing, shall have and keep posted conspicuously at
the entrance or entrances of such Public Dance Hall or
such other place a sign or signs in bold letters, not less
than two (2) inches in height, reading "NO MINORS
ALLOWED."
Sec. 21 -228. Manager to be Present During Operation and
Restrictions on Hours of Operation.
(a) Each permit holder, except an individual who is a
permit holder and on the premises, shall have a
designated manager present at all times the Public
Dance Hall is in operation. All designated managers
must be at least 21 years of age. The name of the
designated manager of every Public Dance Hall shall be
kept posted in a conspicuous place in the Public Dance
Hall in letters not less than one inch in size, during such
time as the manager is in charge.
(b) No Public Dance Hall shall remain open after 3:00 a.m.
7
Sec. 21 -229. Exemptions for charitable dances.
Dances held for benevolent or charitable purposes and dances
conducted under the auspices of religious, educational, civic or
military organizations are exempt from the requirements of this article.
In order to qualify for this exemption, dances held for benevolent or
charitable purposes must donate fifty percent (50 %) of the gross
proceeds to a qualified charitable or tax exempt organization under
Section 501(c) of Federal Internal Revenue Code.
Sec. 21 -230. Violations of Article.
(a) Any person violating any section of this article or failing to comply
with any portion of this article shall be guilty of a class 3
misdemeanor. Each day of violation of any provision of this article
occurs shall constitute a separate offense.
(b) Any business location where individuals have been convicted of three
or more violations of this Article within a twelve (12) month period
shall surrender its restaurant license pursuant to Section 13 -15 of the
Code of the City of Roanoke.
(c) In additional thereto and not in lieu thereof, any continuing violation
of any section of the article may be enjoined by the Circuit Court upon
application of the attorney for the City of Roanoke. The City of
Roanoke through the office of the city attorney in addition to the
injunction may seek civil relief to recover the costs of providing
services to businesses that are in violation of this article.
2. This Ordinance shall become effective immediately upon its passage.
3. Pursuant to §12 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
H
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C TAYLOR MUNICIPAL BLDG
ROANOKE VA 24011
Reference: 32143302
13577252
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 & subscribed before me this
day of April 2014. Witness my hand
and ofjfcial seal.
Notary Public
PUBLISHED ON: 04/04
TOTAL COST: 366.64
FILED ON: 4/4/2014
Authorized
Signature:,
NOTICE OF PUBLIC HEARING
FOR ROANOKE CITY SCHOOL BOARD TRUSTEES
The City Council will hold a public hearing to receive the views of
citizens regarding appointment of Roanoke City School Board Trustees
at its regular meeting on Monday, April 21, 2014, at 1:00 p.m., or
as soon thereafter as the matter may be heard, in the Roanoke City
Council (bomber. The candidates are Timothy P. Harvey, William B.
.Hopkins, Jr., and Lori E. Vaught.
The City Council will elect two School Board Trustees for three -year
terms of office commencing July 1, 1014 at its regular meeting an
Monday, May 5, 1014, at 1:00 p.m., or as soon thereafter as the
matter may be heard, in the Roanoke City Council Chamber.
-If you are a person with a disability who needs accommodations for
the public hearing, please contact the City Clerk's Office at 853 -1541,
by Wednesday, April 9, 2014.
Stephanie M. Moon, MMC
City Clerk
AONWEP�r`
Billing Services Representative
13577752
I
,.``%
AONWEP�r`
Billing Services Representative
13577752
NOTICE OF PUBLIC HEARING
FOR ROANOKE CITY SCHOOL BOARD TRUSTEES
The City Council will hold a public hearing to receive the views of citizens regarding
appointment of Roanoke City School Board Trustees at its regular meeting on Monday,
April 21, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Roanoke City Council Chamber. The candidates are Timothy P. Harvey, William B.
Hopkins, Jr., and Lori E. Vaught.
The City Council will elect two School Board Trustees for three -year terms of office
commencing July 1, 2014 at its regular meeting on Monday, May 5, 2014, at 2:00 p.m., or
as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber.
If you are a person with a disability who needs accommodations for the public
hearing, please contact the City Clerk's Office at 853 -2541, by Wednesday, April 9, 2014.
Stephanie M. Moon, MMC
City Clerk
NOTE TO PUBLISHER:
Publish in full once in The Roanoke Times on Friday, April 4, 2014.
BLOCK STYLE. (2" X 4 ") Do not use the City's Logo.
Send publisher's affidavit and
bill to:
Stephanie M. Moon, MMC, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011 -1536
540/853 -2541
Fp
b jF^ i CITY OF ROANOKE
-Arrq OFFICE OF THE CITY CLERK
/. 215 Church Avenue,S. W.,Suite 4%
\+sr l' Roanoke,Virginia 24011-1536
" '' ':,+-' Telephone: (540)853-2541
Fax: (540)853-1145
SI'1?PIIANII?M.MOON REYNOLDS,MMC E-mail: k(
: cicru roanokeva.gov JONAT HAN F.CRAFT,CMC
City Clerk Deputy City Clerk
CLCELIA T.WEB13,CMC
Assistant Deputy City Clerk
REVISED
May 5, 2014
The Honorable Sherman A. Holland The Honorable Evelyn W. Powers
Commissioner of the Revenue City Treasurer
Roanoke, Virginia Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
I am attaching an executed copy of Ordinance No. 39912-042114 exempting from real
estate taxation certain property located at 2930 Baker Avenue, N. W., owned by Unified
Human Services Transportation Systems, Inc., for purposes of assessment and
collection, respectively, of the service change established by this ordinance, effective
July 1, 2014.
If you have questions, please feel free to call me.
Sincerely, boNsAk?g,1/44-Q I�t
b
Stephanie M. Moon n8ds, MM
City Clerk
Enclosure
pc: Curtis Andrews, Executive Director, Unified Human Services Transportation
Systems, Inc., P. O. Box 13825, Roanoke, Virginia 24037
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
1:_mnii• rIr�4Glmann4rva onv
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Goodlatte:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA 1'. WEBB, CMC
Assistaut Deputy City Clerk
I am enclosing copy of Ordinance No. 39912 - 042114 exempting from real estate
property taxation certain property located at 2930 Baker Avenue, N. W., owned by
Unified Human Services Transportation Systems, Inc., an organization devoted
exclusively to charitable or benevolent purposes on a non - profit basis.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, effective July 1, 2014.
Siperel
)11Stephanie M. Moon
City Clerk
Enclosure
Reynolds, MMC
PC: Curtis Andrews, Executive Director, Unified Human Services Transportation
Systems, Inc., P.O. Box 13825, Roanoke, Virginia 24037
The Honorable Evelyn Powers, City Treasurer
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Susan Lower, Director, Real Estate Valuation
Amelia C. Merchant, Director of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39912 - 042114.
AN ORDINANCE exempting from real estate property taxation certain property located
at 2930 Baker Avenue, N.W., Roanoke, Virginia, owned by Unified Human Services
Transportation Systems, Inc., an organization devoted exclusively to charitable or benevolent
purposes on a non -profit basis; providing for an effective date; and dispensing with the second
reading by title of this ordinance.
WHEREAS, Unified Human Services Transportation Systems, Inc., (hereinafter "the
Applicant "), has petitioned this Council to exempt certain real property of the Applicant from
taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens and other interested persons had an
opportunity to be heard with respect to the Applicant's petition was held by Council on April 21,
2014;
WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any buildings and improvements located thereon,
identified as Official Tax Map No. 2510306, commonly known as 2930 Baker Avenue, N.W.,
Roanoke, Virginia (the "Property "), and owned by the Applicant, and providing that the Property
shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit
basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %)
KAMeasures \tax exempt Unified Hwnan Services Transportation Systems, Inc., real property 4 14 , doc
of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the
Property not exempt from such taxation, for so long as the Property is exempted from such
taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
Council classifies and designates Unified Human Services Transportation
Systems, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of
Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain
real estate, identified as Official Tax Map No. 2510306, commonly known as 2930 Baker
Avenue, N.W., Roanoke, Virginia, and owned by the Applicant, which Property is used
exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this
exemption shall be contingent on the continued use of the Property in accordance with the
purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service
charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy.
1 This Ordinance shall be in full force and effect on July 1, 2014, if by such time a
copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer
for purposes of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Curtis A. Andrews, Executive Director, and the authorized agent of Unified
Human Services Transportation Systems, Inc.
K WeasuresVax exempt Unified Human Services Transportation Systems, Inc„ real property 4 I4.doc
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is
hereby dispensed with.
(C1
l r t t 11:14 City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Unified Human Services
Transportation Systems, Inc., this Zv day of pier
, 2014.
Unified Human Services Transportation Systems, Inc.
By 4 4L
A. ,4K) D2L u) CKL' ZD/R€e182
Printed Name and Title
K:\Measures\tax exempt Unified Human Services Transportation Systems,Inc.,real property 4 14.doc
CITY COUNCIL AGENDA REPORT
gq
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Tax Exemption Request - Unified Human Services
Transportation Systems, Inc. (RADAR)
Background:
Unified Human Services Transportation Systems, Inc. (RADAR), a Virginia not for
profit, tax exempt corporation, owns certain real property known as tax map #
2510306 located at 2930 Baker Avenue, NW, in the City of Roanoke, Virginia.
The organization desires the property to be designated as exempt from real
estate taxes pursuant to the provisions of the Code of Virginia. The primary
purpose of the organization is to provide an efficient and cost effective
transportation system to the elderly, disabled, indigent, and other persons who
may require the provision of specialized transportation. At present, annual real
estate taxes due on the parcel are $456 on a total assessed value of $38,300.
It should also be noted that in 2001 and in 2004 the organization was granted
real estate tax exemptions on other real property it owns in the City.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non - profit organizations for tax exemption of
certain property in the City by Resolution 36331- 051903, with an effective date
of January 1, 2003. Based on this policy and procedure, Unified Human
Services Transportation Systems, Inc. (RADAR) has provided the necessary
information required for applications for exemptions that would take effect July
1, 2014.
As noted above, the assessed value of the real property at 2930 Baker Avenue
is currently $38,300 with annual taxes due of $456. The organization is
current on its taxes.
In lieu of the $456 in real estate taxes, the organization would agree to pay to
the City an annual service charge equal to twenty percent of the tax levy on the
parcel for as long as the exemption continues. In this case, based on the
current assessed value, the service charge amount would be $91.
Consequently, the City would currently be foregoing $365 in annual real estate
tax revenue.
Commissioner of the Revenue, Sherman Holland, has determined that Unified
Human Services Transportation Systems, Inc. (RADAR) is currently not exempt
from paying real estate taxes by classification or designation under the Code of
Virginia. The IRS recognizes the organization as a 501(c)(3) tax - exempt
organization.
Notification of a public hearing to be held April 21, 2014, was duly advertised
in the Roanoke Times.
Recommended Action:
Authorize Unified Human Services Transportation Systems, Inc.'s (RADAR)
exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the
Constitution of Virginia, effective July 1, 2014, if the organization agrees to pay
the subject service charges on the real estate by that date.
Chr si tooer P. Morrill
City Manager
Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Susan S. Lower, Director of Real Estate Valuation
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - -- --------------------- -------- - +- --- ---- ------- ------
GLENN, FELDMANN,
PO BOX 2887
37 CAMPBELL AVE
ROANOKE VA 24001
REFERENCE: 80078049
13588842
State of Virginia
City of Roanoke
F1YTV.T-V1F-1Ke-r014Mffl
Tax Exempt Unified H
I, (the undersigned) an authorized representative
of the Tines -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
Vir nia. Sworn and subscribed before me this
ay of APR 2014. Witness my hand and
01 ic l seal.
Notary Public
PUBLISHED ON: 04/11
TOTAL COST: 265.92
FILED ON: 04/14/14
` ``ti 11.: i,,, f i
% MrEfVly
�P.•• NOTARY
PUBLIC •'. 9
REG. #332964 : *.
MY COMIMISSICN
E'PIRE _ `
NOTICE OF PUBLIC
NEARING
at Its I
held a
WIT32
or as
I the r
:ems, Inc., for
;nation of Its real
frty as exewlpt from
a1.
assensed fall of the
were
a
a
Stephanie M. Moon,
City park.
(13588944)
----- -- -- ---- — - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Authorized
Signature:_ _ _ Billing Services Representative
y ,p
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on April 21, 2014, commencing at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber, 4`h Floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to
§58.1 -3651, Code of Virginia (1950), as amended, approving the request of Unified Human Services
Transportation Systems, Inc., for designation of its real property as exempt from taxation.
The assessed value of the applicant's real property located at 2930 Baker Avenue, N.W.,
Roanoke, Virginia, and known as Official Tax Map No. 2510306, is currently $38,300 and real estate
taxes of $456 were paid in the most recent year. The loss of revenue will be $365 annually after a
20% service charge is levied in lieu of real estate taxes.
Citizens and other interested persons shall have the opportunity to be heard and express their
opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, April 17, 2014.
GIVEN under my hand this 7th day of ATDril 12014.
K'. WASURES \I'AX EXEMPT EH NOTICF UNIFIED IIUMAN SERVICES RADAR 4 14 DOC
Stephanie M. Moon, City Clerk.
Notice to Publisher:
Publish once in the Roanoke Times on Friday, April 11, 2014:
Send affidavit to;
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, VA 24011
(540) 853 -2541
K. NOTICES.2014APRILNPH-TAX EXEMPT - UNIFIED HUMAN SERVICES RADAR. DOC
Send Bill to:
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
(540) 224 -8000
STEPHANIE M. MOON, MMC
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Far: (540)853 -1145
E -mail derkia)roanokeva.gov
March 14, 2014
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, Resolution No. 36331- 051903 was adopted with regard to a new policy
and procedure for processing requests from non - profit organizations to have property
exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia,
and repealing Resolution No. 36148- 120202 adopted on December 2, 2002.
am attaching copy of a petition, which was filed in the City Clerk's Office on March 14,
2014, by Maryellen F. Goodlatte, Attorney, representing Unified Human Services
Transportation Systems, Inc., (RADAR), a Virginia non - profit transportation
organization, requesting exemption from taxation of real property located at 2930 Baker
Avenue, N. W., pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15th will have an effective date of January 1st.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ew
Attachment
Christopher P. Morrill
March 14, 2014
Page 2
PC: Maryellen F. Goodlatte, Attorney, P. O. Box 2887, Roanoke, Virginia 24001
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget
GLENN
FELDMANN
GLENN FELDMANN DARBYSGOODLATTE
March 14, 2014
HAND DELIVERED
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 -1536
MARYELLEN F. GOODLATTE
Direct Dial (540) 224 -8018
F -mail mgoodlatte @glennfeldmann.com
Re: Unified Human Services Transportation Systems, Inc. (RADAR)
Petition for Exemption from Taxation
Dear Stephanie:
We represent Unified Human Services Transportation Systems, Inc. (RADAR).
We are enclosing a Petition which we believe complies with the City's process for seeking
tax - exempt status for real property. RADAR agrees to pay to the City an annual service charge
equal to 20% of the real estate tax levy that would be applicable to the real property of RADAR,
if RADAR were not exempt from such taxation, for so long as the tax exemption is in effect.
Please advise us when City Council will hold its public hearing with respect to this request.
Should you have any questions with respect to this matter, please do not hesitate to contact me.
Very truly yours,
Maryellen F. Goodlatte
MFG:1nn:6744001
Enclosure
c: Unified Human Services Transportation Systems, Inc. (w /enc.)
Mr. R. B. Lawhorn, Dept. of Management and Budget (w /enc.)
37 Campbell Avenue S.W. I P.O. Box 2887 (24001) I Roanoke, Virginia 24011 1 MAIN 540 224 8000 I FAx 540 224 8050 I www.glennfeldmann.com
iR
MERITAS'
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY
PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF
VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1. Your Petitioner, Unified Human Services Transportation Systems, Inc., P. O. Box
13825, Roanoke, Virginia 24037, which transacts business as RADAR, is a Virginia non - profit,
tax exempt 501(c)(3) corporation under the Internal Revenue Code. RADAR was created in
1974 by twenty -four social service agencies to serve as a non -profit transportation organization.
The primary purpose of RADAR is to provide an efficient and cost - effective transportation
system to the elderly, disabled, indigent, and other persons who may require the provision of
specialized transportation.
2. Your Petitioner owns certain real property, located at 2930 Baker Avenue, N.W.,
in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map #2510306, with a
total assessed value of $38,300.00 and a total of $455.78 in real property taxes that were paid in
the most recent year, desires to be an organization designated pursuant to the provisions of
§ 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to
be used exclusively for charitable and benevolent purposes in providing transportation services
to human service agencies and local governments, be exempt from taxation under the provisions
of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the purpose for which the
Petition is classified.
2. Your Petitioner agrees to pay to the City of Roanoke an annual service charge in
an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be
applicable to this real estate, were our organization not tax exempt, for as long as this tax
exemption continues.
3. Your Petitioner is not located within a service district of the City of Roanoke.
4. The Commissioner of Revenue has determined that your Petitioner is not already
eligible for tax exempt status by classification or designation. A copy of the written
determination of the Commissioner is attached to this Petition as Exhibit A.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner.
The following questions are submitted for consideration:
1. (Q) Whether the organization is exempt from taxation pursuant to
Section 501(c) of the Internal Revenue Code of 1954.
(A) Your Petitioner was granted an exemption from taxation pursuant
to Section 501(c) of the Internal Revenue Code of 1954 on August 9,
1976.
2. (Q) Whether a current alcoholic beverage license for serving alcoholic
beverages has been issued by the Alcohol Beverage Control Board to such
organization for such use on such property.
(A) A current annual alcoholic beverage license for serving alcoholic
beverages has not been issued by the Virginia Alcoholic Beverage Control
Board to your Petitioner for use on any of its property.
3. (Q) Whether any director, officer or employee of the organization has
been paid compensation in excess of a reasonable allowance for salaries or
other compensation for personal services which such director, officer or
employee actually renders.
(A) No director, officer, or employee of your Petitioner is paid
compensation in excess of a reasonable allowance for salaries or other
4
compensation for personal services which such director, officer, or
employee actually renders.
4. (Q) Whether any part of the net earnings of such organization inures to
the benefit of any individual and whether any significant portion of the
service provided by such organization is generated by funds received from
donations, contributions or, local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services.
(A) No part of the net earnings of your Petitioner inures to the benefit
of any individual, and no significant portion of the service provided by
your Petitioner is generated by funds received from donations or
contributions. For the past fiscal year, your Petitioner received the
following local, state, and federal grants:
Local - $ -0-
State - $ 274,501
Federal - $ 811,608
5. (Q) Whether the organization provides services for the common good
of the public.
(A) Your Petitioner provides services for the common good of the
public. Your Petitioner is a non - stock, non -profit corporation that was
created in 1974 by 24 social service agencies to serve as a non - profit
transportation organization. Your Petitioner contracts with area social
service agencies, governments, and other organizations to provide
transportation services for their clients or citizens, primarily in the
Roanoke Valley area. The goals of your Petitioner are to provide a
consolidated system to meet the varied transportation needs of human
service agencies and the general public through purchase of service
agreements. To accomplish its goals, your Petitioner operates 55 vehicles,
two- thirds which are handicapped accessible.
6. (Q) Whether a substantial part of the activities of the organization
involves carrying on propaganda, or otherwise attempting, to influence
legislation and whether the organization participates in, or intervenes in,
any political campaign on behalf of any candidate for public office.
(A) No substantial part of the activities of your Petitioner involves
carrying on propaganda, or otherwise attempting to influence legislation.
Your Petitioner does not participate in, or intervene in, any political
campaign on behalf of any candidate for public office.
3
7. (Q) Whether any rule, regulation, policy or practice of the organization
discriminates on the basis of religious conviction, race, color, sex or
national origin.
(A) No rule, regulation, policy or practice of your Petitioner
discriminates on the basis of religious conviction, race, color, sex or
national origin.
8. (Q) Whether there is a significant revenue impact to the locality and its
taxpayers of exempting the property.
(A) No significant impact is anticipated as a result of the exemption.
9. (Q) Any other criteria, facts and circumstances, which the governing
body deems pertinent to the adoption of such resolution.
(A) Your Petitioner has addressed all issues required to be addressed
by it and agrees to address any other criteria, facts, and circumstances that
City Council deems pertinent to the adoption of an ordinance exempting
Petitioner's real property from taxation.
THEREFORE, your Petitioner, Unified Human Services Transportation Systems, Inc.,
respectfully requests to the Council of the City of Roanoke that this real property of your
Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit
and the property so exempt is used for the particular purposes of providing transportation
services to human service agencies and local governments.
Respectfully submitted this /.� �wday of 144,eCol , 2014.
UNIFIED HUMAN SERVICES TRANSPORTATION
En
Curtis A. Andrews
Its: Executive Director
0
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
� rKi 1YT °)jh
:w
February 27, 2014
Mr. Curtis A. Andrews
Executive Director
Unified Human Services Transportation Systems, Inc.
PO Box 13825
Roanoke, VA 24037
SHERMAN A. HOLLAND
Commissioner
Re: Exemption of property located at 2930 Baker Ave., NW
Parcel No. 2510306
Dear Mr. Andrews:
GREGORY S. EMERSON
Chief Deputy
We received your letter dated February 12, 2014 requesting tax exemption from
real estate taxes from the City of Roanoke on the above captioned property. The above
parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2013-
14 tax year. Based on the information submitted, this property is not eligible for
exemption by classification or designation. However, you may contact the City Clerk's
Office at (540) 853 -2541 for information on applying for an exemption for non - profit
organizations through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: ,. Stephanie Moon, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SW Roont 251 * Roanoke. Virginia 24011
Phone (540) 853 -2521 * Fax (540) 853 -1115 * www_r0anakeva.gov
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
G3 rr'
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chid D,pw,
February 27, 2014
Mr. Curtis A. Andrews
Executive Director
Unified Hunan Services Transportation Systems, Inc.
PO Box 13825
Roanoke, VA 24037
Re: Exemption of property located at 2930 Baker Ave., NW
Parcel No. 2510306
Dear Mr. Andrews:
We received your letter dated February 12, 2014 requesting tax exemption from
real estate taxes from the City of Roanoke on the above captioned property. The above
parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2013-
14 tax year. Based on the information submitted, this property is not eligible for
exemption by classification or designation. However, you may contact the City Clerk's
Office at (540) 853 -2541 for information on applying for an exemption for non - profit
organizations through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAI Ujec
Cc: Stephanie Moon, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SSA', Room 251 * Roanoke, Virginia 24011
Phone (540)853 -2521 * Fax (540) 853 -1115 * a 1Wn)aaokera,gor EXHIBIT A
hcrres eny ry „i:; _,r 37 Hopkins Fh 132 J "lore, Md " "<120:
DM" ,,, reply'0 , ee 52fii5b0'?Li:)
.bTM,,e,;y 19 77 EC 720y; Ce.!l.cr
Telsp c o
eo
' 03) 962 4787
,. lini.fier J =wn:u� 4?cr�.�- i.c±es '' "raia;r�<- bat5.o,-.
�sr, erns. T7ic.
405 Cempbel] Avetlre S
Hoar-.)k:e, 1'i- x- ga..ri.a 2),.o-7.6
Based on information supplied, and assuming your operations will
be as stated in your application for recognition of exemption, we
have determined you are exempt from Federal income taw: tinder section
501(c`,(3) of ';'.he Internal. Revenue Lode.
qe have further deterT�ined Vol! are not ll private foundation within
the meaning pf section 609(2) of the Cc e, bRcan.se you are an
o•aganization desoribad in section i);7.-
You are not. liable for social security (FICA) taxes unless yet:
f'lc a waiver of exemption certificate as provided in the Federal
.insurance Contributions Act Sou are not liable for the taxes imposed
under the Federal Unemployment 'Car, Act (FUTA).
Since you are not a private foundation, you are not subject to
the excise taxes under Chapter 42 of the Code However, you are not
a.utomaiically exempt `rom other Federal excise taxes. If you have any
questions about excise, employment., or other Federal taxes, please
let us knots, -
Donors may deduct contributions to you as provided in section
170 of the Code. Bequests, legacies, devises, transfers, or gifts to
You or for your uee are deductible for Federal estate and gift tax
pi)rposes if they meet the applicable provisions of section,€ 205.5,
2706, ana 2522 of the Code.
It :yrnir purposes, character, or method cf operation, is changed,
please let us know so the can consider the effect of the change on
your exempi status. Also, you should inform us of ail change-- i.a your
name or address.
tovi rl
If your p;ross rocaipi.s eeoh year are nrrmnl7.,y more than X5,000,
you are required t.o fi.le norm 991 Return of Organization Exempt.
From Income 'Cap:, by 11e 151.11 d;-)y of the ^i£th moa;th after he end
of your annual accounting, period. The- law imposes a penalty of $30
.a day, up to a. maximum of 65,000, for failure to file a return on t..ime
M are not required to fire Federal income ta:c returns unless
YOU aro subjeot to the tax on unrelated business `_ncomo under section
511 of the Godo If you are subject to this to ?;, you must, file an income
t.ax reisu rn on Form 990 -'I'. 11) this latter wo cre not dotermini.ng whether
ally of your present or proposed ar.tivic]es are .iure]rted trade or
business as defined in see t.ioil 513 of tile Code,
You need an employer i.danti li cation nwnber even if you have no
employees. If an employer, identification number was not entered on
your application, n number will he assigned to you and you will be
advised of it. Please use that number on all returns you file and in
all correspondence with the Internal Revenue Service.
Pieaea keep this determination letter in your permanent records.
"See. caveats belo-:,)
Since::•ely y -ours,
The effective date of this deteiirirration :s august, 4, 1.976.
If you do nat accept, out• Turnings, 11c recommend that you request a
conference with a member Of Our Regerrr,7 off9.ce coriforence staff.
yorir ieuLeat for r:. con:'e.verce ,,ho id inr ":,.;de a. ,.rit,tan appeal givtnp
Vy facts. la, and any other �irrfoa-mati.oz: to support ynur position as
e; «Aa.ined the unclosed Pubiicaticn. 898, Yon i.e:1 then be contacted
o ar •ange o, date for a conference i:be Con- ereace may be held at the
Regional office, or if ynu request, at U,}y Wlila11y convenfent i>istmict
offs c e,
ec, C, Thomas Barton, Jr,
Linda F. Steele
tiAn'G eT.. I`o,, -9 Trabue
P:0.. EJ;; 1.2247
?ca;xilcc, hirgni.a 24024
Gere -_c'. G
Pnrtney
District
frirecior
The effective date of this deteiirirration :s august, 4, 1.976.
If you do nat accept, out• Turnings, 11c recommend that you request a
conference with a member Of Our Regerrr,7 off9.ce coriforence staff.
yorir ieuLeat for r:. con:'e.verce ,,ho id inr ":,.;de a. ,.rit,tan appeal givtnp
Vy facts. la, and any other �irrfoa-mati.oz: to support ynur position as
e; «Aa.ined the unclosed Pubiicaticn. 898, Yon i.e:1 then be contacted
o ar •ange o, date for a conference i:be Con- ereace may be held at the
Regional office, or if ynu request, at U,}y Wlila11y convenfent i>istmict
offs c e,
ec, C, Thomas Barton, Jr,
Linda F. Steele
tiAn'G eT.. I`o,, -9 Trabue
P:0.. EJ;; 1.2247
?ca;xilcc, hirgni.a 24024
Account summary
In Number Irga --- I Due Date Tax Perally Intensl Fecs Toles D1,e
.__ - -__ _ ._ _..— T _. _ _ _
2014 01021719 _'. F151 1010712013 �, 000 OOOI D00 OUIT CUO
i Second 041C7/2014 227 B. 000 000 I 0 00 227 89
G"artl'oa <2i 89 0 CO � OOD 0.00 277 89
The property owner is responsible for ensuring full payment of this obligation. If funds are held in escrow to pay for
these taxes, forward this statement along with your loan number to the mortgage holder.
• Payments must be received or postmarked by the due date to avoid penalty and interest charge on current
balance due and additional charges on delinquent balances due.
Payments received may be applied to the oldest outstanding bills first per §58.1 -3913.
See back for additional information.
tic r_yp KE'uKr, e� "'CU r_K-iCn rr'N ou> a,n: r1T
Tax Map Number Due Date Current Amount Due I Delinquent Amount Due Total Due
2510306 04/07/2014 227.89 1 0.00 227.89
MAKE CHECKS PAYABLE TO: TREASURER, CITY OF ROANOKE Amount Enclosed
Statement Date 02/21/2014
UNIFIED HUMAN SERVICES TRANSPOR TAT,ON SYSTEMS 1. AKE ADDRESS
T'A RADAR
?O BOX 13825 CHANGE HERE
ROANOKE VA 24037
25103060D00D0022 ?89
[�
City of Roanoke
EVELYN W POWERS. TREASJKLIR
PC) BOX1451 25559
ROANOKE .'vA 2400/
Real Estate Tax Statement
(5401853- 2561 1 A 15401853 -1019
www rnanokeva.guv.
ROANOKE
Statement Date 02121/2014
Tax Year
2014 Property Address
2930 BAKER AVE NW
Tax Map No
2510306 Legal Description
PARCEL 2A TROUT LANDS
Roanoke City
Jan 1 Owner
RAIL LLC
Current Ownerts)
UNIFIED HUMAN SERVICES TRANSPORTATION S`
Assessed Values
Cre, its and Exemptions
..and
38 300
IBmld'ng
0
Charge Description
Taxable Value Rate1E100 Tax
Rear Ls'.a1e 1'ax
38.300 1 19
455 78
Total Current Year Tax
455 78
Trthl Current Year Charges
455.78
Poor Year Delinqueraes
000
Totes Ulerges
45538
AMOUNT DUE BY 0410712014
$227.89
Account summary
In Number Irga --- I Due Date Tax Perally Intensl Fecs Toles D1,e
.__ - -__ _ ._ _..— T _. _ _ _
2014 01021719 _'. F151 1010712013 �, 000 OOOI D00 OUIT CUO
i Second 041C7/2014 227 B. 000 000 I 0 00 227 89
G"artl'oa <2i 89 0 CO � OOD 0.00 277 89
The property owner is responsible for ensuring full payment of this obligation. If funds are held in escrow to pay for
these taxes, forward this statement along with your loan number to the mortgage holder.
• Payments must be received or postmarked by the due date to avoid penalty and interest charge on current
balance due and additional charges on delinquent balances due.
Payments received may be applied to the oldest outstanding bills first per §58.1 -3913.
See back for additional information.
tic r_yp KE'uKr, e� "'CU r_K-iCn rr'N ou> a,n: r1T
Tax Map Number Due Date Current Amount Due I Delinquent Amount Due Total Due
2510306 04/07/2014 227.89 1 0.00 227.89
MAKE CHECKS PAYABLE TO: TREASURER, CITY OF ROANOKE Amount Enclosed
Statement Date 02/21/2014
UNIFIED HUMAN SERVICES TRANSPOR TAT,ON SYSTEMS 1. AKE ADDRESS
T'A RADAR
?O BOX 13825 CHANGE HERE
ROANOKE VA 24037
25103060D00D0022 ?89
Prepared by. Redford & W� L P.C. Return to:
112 South Coneide aR eS 6 0
1
Assessed Value: F 300.00 5 00
Tax Map # 2510306
THIS DEED, made this the 11th day of July, 2013, by and
between RAIL, LLC, a Virginia Limited Liability Company, Grantor;
and UNTIED HUMAN SERVICES TRANSPORTATION SYSTEMS, INC. T/a
RADAR, a Virginia corporation, Grantee.
* W I T N E S S E T H*
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, cash in hand
paid, the receipt of which is hereby acknowledged, the Grantor
does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH
COVENANTS of title as provided by Section 55 -70 of the Code of
Virginia of 1950 as amended, unto the Grantee, all of the
hereinafter described real property, and being more particularly
described as follows, to -wit:
All that certain lot or parcel of land, together with the
buildings and improvements thereon and the appurtenances
thereunto belonging, situate, lying and being in the City of
Roanoke, Virginia, and being more particularly described as
follows, to -wit:
Parcel 2A containing 1.4419 acres as shown on plat by
Caldwell White Associates dated January 30, 2008, and
recorded in Map Book 1, page 3325 in the Office of the
Clerk, Circuit Court, City of Roanoke, Virginia.
Hering the same property granted and conveyed to the grantor
herein by H -H of VA, LLC, a Virginia Limited Liability
Prepared by: Steven C. Wandrei
VSB # 66052
RADFORD & WANDREI, P.C.
ATTORNEYS AT LAW
BEDFORD, VIRGINIA 1
Company, by deed dated December 1,3 2010, a copy of which is
recorded in the aforesaid Clerk's Office as Instrument
Number 10011806.
The aforesaid property is granted and conveyed subject to
such easements and conditions as may be of record or
apparent from an inspection of the premises.
wiTNESS the following signature and seal.
RAIL,
By. (SEAL)
ts: Member/Manager
STATE OF VIRGINIA
i
The foregoing instrument was acknowledged before me this the
iz a day of _ �f/ 2013, Timothy L. Sarver,
Member /manager of RAIL, "LLC, a Virginia Limited Liability
Company.
ry Public
a
My commission expires 1915- .
M5W= /7- 1- 13 /radar.d0*
ROGER W.KRONAU
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #165403
My COmm15510n Expires f �
Prepared by: Steven C. Wandrei
VSB # 66052
RADFORD & WANDREI, P.C.
ATTORNEYS AT LAW
BEDFORD, VIRGINIA 2
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
F'. -mail: rlerk(Drnannkeva . onv
S'1'IiPIIANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Stacy L. Roberts, Owner
816 Munford Avenue, S. E.
Roanoke, Virginia 24013
Dear Ms. Roberts:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39913 - 042114 permanently vacating,
discontinuing and closing a forty (40) foot long portion of the alley behind property
located at 816 Munford Avenue, S. E., and extending off 9th Street, S. E.
Ordinance No. 39913 - 042114 further ordains that you shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance
being recorded by the Clerk of the Circuit Court, you shall file with the City Engineer the
Clerk's receipt demonstrating that such recordation has occurred. If the above
conditions have not been met within one year from the date of the adoption of this
ordinance, then Ordinance No. 39913 - 042114 shall be null and void with no further
action by City Council being necessary.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014; and is in full force and effect upon its
passage.
7S'1 er
Stephanie M. Moon Reynolds, MMC
0 City Clerk
Enclosure
Stacy L. Roberts
April 22, 2014
Page 2
pc: Freida Silvers McLaughlin, 7235 Estes Street, S. E., Roanoke, Virginia 24019
JMC Properties, Inc., 208 Prospect Avenue, Galax, Virginia 24333
Jimmie and Sylvia Bise, 807 Morrill Avenue, S. E., Roanoke, Virginia 24013
Melissa and Kevin Walters, 803 Morrill Avenue, S. E., Roanoke, Virginia 24013
Hatcher Properties, Inc., P.O. Box 211, Daleville, Virginia 24083
Bradley Bunner, II and Tammy Tyree, 804 Munford Avenue, S. E., Roanoke,
Virginia 24013
James and Carlene Ashworth, 812 Munford Avenue, S. E., Roanoke, Virginia
24013
Mary Weatherman and Stephen Weatherman, Co- Trustees, 1424 9th
Street, S. E., Roanoke, Virginia 24013
Norma Johnson, 1086 Blandford Avenue, Vinton, Virginia 24179
Givens Properties, Inc., P.O. Box 685, Salem, Virginia 24153
Charles Trent, Jr., 1412 9th Street, S. E., Roanoke, Virginia 24013
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Candace Martin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39913 - 042114.
AN ORDINANCE permanently vacating, discontinuing and closing a portion of a certain
public right -of -way in the City of Roanoke, as more particularly described hereinafter; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Stacy Roberts filed an application with the Council of the City of Roanoke,
Virginia ( "City Council'), in accordance with law, requesting City Council to permanently
vacate, discontinue and close a certain public right -of -way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held on such application by City Council on April 21,
2014, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such public right -of -way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the public
right -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows:
1
A forty (40) foot long portion of the alley behind property located at 816 Munford
Avenue, S.E., bearing Official Tax Map No. 4141001, and extending off 9"' Street, S.E.,
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed right -of -way, reserving however, to the City of Roanoke and any
utility company or public authority, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across such public right -of -way, together with the
right of ingress and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments
on or over the easement which impede access for maintenance or replacement purposes at the
time such work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above- described public right -of -way of any
such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the right -of -way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
right -of -way.
2
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clerk of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of one year from the date of the adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of § 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
irx�ry r(-, /)HW A City Clerk.
3
A
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Vacation request for a portion of alley directly behind 816
Munford Avenue, S.E.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Tuesday, April 8, 2014. By a
vote of 4 -0 the Commission recommended vacation of an approximately 400
square foot portion of the alley directly behind the applicants property located
at 816 Munford Avenue, S.E., Tax Map No. 4141001. This alley vacation will
enable the applicant to have a legally conforming utility shed located on her
property and to erect a fence around the perimeter of her yard including the
shed. Vacation should be subject to the following conditions:
1. The applicant shall submit a subdivision plat to the Agent for the Planning
Commission, receive all required approvals of, and record the plat with the
Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all
properties which would otherwise dispose of the land within the right -of -way to
be vacated in a manner consistent with law, and retain appropriate easements
for the installation and maintenance of any and all existing utilities that may be
located within the right -of -way, including the right of ingress and egress.
2. Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation to the
Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name
of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner,
and the names of any other parties in interest who may so request, as Grantees.
The applicant shall pay such fees and charges as are required by the Clerk to
effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer
for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such
recordation has occurred.
4. If the above conditions have not been met within a period of one year from
year the from the date of adoption of this ordinance, then such ordinance shall
be null and void with no further action by City Council being necessary.
Planning Commission Public Hearing Discussion:
None.
Mark Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Stacy L. Roberts, Applicant
C!
APPLICATION
STREET OR ALLEY VACATION
Date: February 27, 2014
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853 -2541 Fax: (540) 853 -1145
All submittals must be typed and include all required documentation and a check for the riling fee
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: I would like to permanently discontinue, vacate, and dose an
approximate 400 square foot section of alley right -of -way located immediately to the rear of my property at 816 Munford Avenue, S.E., Tax Map No
4141001.
Proposed use of vacated street or alley: I would like to expand my rear yard to include an existing shed currently located in the
public right -of -way and to allow construction of a fence. The fence will prevent trespassing on my property and provide an enclosed area for my dogs.
Trespassers climb the hill off of 9th Street, S.E. into my yard adjacent to the existing shed. Existing access to surrounding properties will be
maintained.
Name of Applicant/Contact Person: Ms. Stacy Roberts
816 Munford Avenue, S.E.
Mailing Address: Roanoke, Virginia 24013
Telephone: ( )540.798.8167 Fax: ( ) E -mail:
Applicants nature
I have read, signed and dated the attached page outlining conditions required for a successful
closure.
5
Post Approval Conditions
Any right -of -way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and
approval of the plat, and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance
recorded. Street and alley right -of -way vacations may be subject to the following conditions:
1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required
approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall
combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a
manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all
existing utilities that may be located within the right -of -way, including the right of ingress and egress.
2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of
this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other
parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are
required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke,
Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
4. If the above conditions have not been met within a period of one year from year the from the date of adoption of
this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary.
By signing below I certify I have read and understand the conditions outlined above. 1 agree to the closure for
which I have applied being subject to the attached conditions.
Ap i' an Signature Date
- Updated December 2013
.P
N
O
.P
1
I Freida Silvers McLaughlin Waltz owner of property at 815 Morrill Ave. S.E.
give permission for Tracy Roberts owner of property at 816 Munford Ave. S.E.
to place a fence up to my property.
Any questions regarding this permission you can contact me at 540- 362 -3611.
02101
AFFIDAVIT
APPLICANT: Stacy Roberts
LOCATION: Alley to rear of 816 Munford Ave., S.E., 4141001
REQUEST: Closure
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 26th day of March, 2014
notices of a public hearing to be held on the 8th day of April, 2014 on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No and Owner's Name and Address
4141007.4141008
MCLAUGHLIN FREIDA SILVERS
7235 ESTES ST SE
ROANOKE VA 24019
4141009
JMC PROPERTIES INC
208 PROSPECT AVE
GALAX VA 24333
4141010
BISE JIMMIE & SYLVIA M
807 MORRILL AVE SE
ROANOKE VA 24013
4141011,4141012
WALTERS MELISSA S & KEVIN D
803 MORRILL AVE SE
ROANOKE VA 24013
4141006
HATCHER PROPERTIES INC
PO BOX 211
DALEVILLE VA 24083
4141005
BRADLEY D BUNNER II
TAMMY L TYREE
804 MUNFORD AVE SE
ROANOKE VA 24013
4141004
HARRIS SABRINIA K
808 MUNFORD AVE SE
ROANOKE VA 24013
4141002
ASHWORTH JAMES C & CARLENE M
812 MUNFORD AVE SE
ROANOKE VA 24013
4141001
ROBERTS STACY L
816 MUNFORD AVE SE
ROANOKE VA 24013
4141123
WEATHERMAN MARY
WEATHERMAN STEPHEN W CO- TRUSTEES
1424 9TH ST SE
ROANOKE VA 24013
4141122
JOHNSON NORMA F
1086 BLANDFORD AVE
VINTON VA 24179
4141121
GIVENS PROPERTIES INC
PO BOX 685
SALEM VA 24153
4141120
TRENT CHARLES H JR
1412 9TH ST SE
ROANOKE VA 24013
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of March, 2014
CANDACE R. MARTI
NOTARY PUBLIC
Notary Public Commonwealth of Virginia
Reg. #282076
My Commission Expires
,The Roanoke Times relfll
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE, PDV NM
CITY PLANNING COMMISSION {
aCrer public Main Mill bs
215 CHURCH AVE, ROOM166 SW I hold In the City CCanall
ROANOKE VA 24011 Chamber' fourth floor.
Room 450. hoof C. Tate,
REFERENCE: 80076514
13577334
State of Virginia
City of Roanoke
PUBLICHEAF.I NGNOTICEA I'�w�lisnd Room 1682 6
Of co.
Churth Ara. S.W. Itaanalro,
VA.
Any portion with a dUNRY
lrin{{
any spaclel
rsQUiq.01 00 to attetd
Of participate is the
I, (the undersigned) an authorized representative I
of the Times -World Corporation, which corporation I
is publisher of the Roanoke Tim, s, a daily I
newspaper published in Roanoke, in the State of I
Virginia, do certify that the annexed notice was I
published in said newspapers on the following
dates:
A repuest from Stacy
Roberta to permanent
dlsloptlaae, raoafa a�
ep2nfeet portlarl of "to
alley behind property
City /County of Roanoke, Commonwealth /State Of E
Virginia. Sworn and subscribed before me this
yZ__ day of APR 2014. Witness my hand and
official seal.
,dotary Public
PUBLISHED ON: 03/26 04/02
I located at Sid NYnfo1
I
A11108, Cn xSNo. 4141ML
Appkatkn by NY Y-- t1C
to repeal all condition.
troy *red a part of c
previous nconinI{ sod
amend the PINATIO Unb
ppa � tein to aat portion of fial
th,
23
In 91 aln t Road
S.W., contalntnl
,`seslu LLlyn•4 I
. a •' Pt1BLJC 6�
i•; REp a22p8� r y1 t I
lift Z;5"
ddb +eAlNl/aha�,
TOTAL COST: 1,788.46 i;d Inemporsteolonrnta
to and In the rest of ms
FILED ON: 04/02/i4
Authorized
Billing Services Representative
Signature:
ere
the
now flooeprooting
alanaaJas apply to
Mosifi atione o eaMting
is onoo p�lnbf�r
Rebecca Cockrsm.
secretary. City Planning
Canmhww
RQRaryg �CRaarp�ldl public
appRCa 1 on ARM o 31.
a 14, a1 7A attars , m as
soon . Ms mMMn may b
here.
Stephanie M. Moon. MMC.
CRY Oink
(33gm")
.r
;� a\
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925- 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial - General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5h Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial- Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
(540) 853 -2541
March 21, 2014 11:50 a.m
STEPHANIE NI. MOON REYNOLDS, NINIC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerWroanokeva.gov
April 14, 2014
Stacy L. Roberts, Owner
816 Munford Avenue, S. E.
Roanoke, Virginia 24013
Dear Ms. Roberts:
JONATHAN E. CRAFT, CN1C
Deputy City Clerk
CECELIA T. WEBB, CHIC
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
April 21, 2014, 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 your request to permanently discontinue, vacate, discontinue and close an approximately
40 foot long portion of the alley behind property located at 816 Munford Avenue, S. E.
The City Planning Commission at its meeting held on Tuesday, April 8, 2014, on a 4 -0 vote,
approved your request. If you would like a copy of the Planning Commission report, please
contact Rebecca Cockram, Secretary, City Planning Commission, at (540) 853 -1130.
Lastly, it will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
`SSin�ce}re►lly,
Stephanie M. Moon, MMC
City Clerk
LTAmij 1
Stacy L. Roberts
April 14, 2014
Page 2
PC: Freida Silvers McLaughlin, 7235 Estes Street, S. E., Roanoke, Virginia 24019
JMC Properties, Inc., 208 Prospect Avenue, Galax, Virginia 24333
Jimmie and Sylvia Bise, 807 Morrill Avenue, S. E., Roanoke, Virginia 24013
Melissa and Kevin Walters, 803 Morrill Avenue, S. E., Roanoke, Virginia 24013
Hatcher Properties, Inc., P.O. Box 211, Daleville, Virginia 24083
Bradley Burner, II and Tammy Tyree, 804 Munford Avenue, S. E., Roanoke, Virginia
24013
Sabrinia Harris, 808 Munford Avenue, S E., Roanoke, Virginia 24013
James and Carlene Ashworth, 812 Munford Avenue, S. E., Roanoke, Virginia 24013
Mary Weatherman and Stephen Weatherman, Co- Trustees, 1424 9th Street, S. E.,
Roanoke, Virginia 24013
Norma Johnson, 1086 Blandford Avenue, Vinton, Virginia 24179
Givens Properties, Inc., P.O. Box 685, Salem, Virginia 24153
Charles Trent, Jr., 1412 9th Street, S. E., Roanoke, Virginia 24013
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
Fax: (540) 853 -1145
E -mail: clerk@roanokeva.gov
February 28, 2014
Rebecca Jo Cockram, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Cockram:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I
am attaching copy of an Original Application for Street or Alley Vacation received in the
City Clerk's Office on February 27, 2014, from Stacy L. Roberts, requesting to
permanently discontinue, vacate, and close an approximate 400 square foot section of
alley right -of -way located immediately to the rear of my property at 816 Munford
Avenue, S. E., Tax Map No. 4141001.
Sincerely,
Jonathan E. Craft,
Deputy City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
Stacy L. Roberts, 816 Munford Avenue, S. E., Roanoke, Virginia 24013
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone. (540) 853 -2541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mil: clerk(u)roanokeva.gov JONATHAN E. CRAFT, CMC
City Clerk Deputy City Clerk
April 22, 2014
Mr. and Mrs. John Frantz
601 Woods Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. and Mrs. Frantz:
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39914 - 042114 permanently vacating,
discontinuing and closing an approximately 2,921 square foot portion of the right -of -way
of 5th Street, S. W., south of Janette Avenue, S. W., and adjacent to 502 Janette
Avenue. S. W.
Ordinance No. 39914 - 042114 further ordains that you shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance
being recorded by the Clerk of the Circuit Court, you shall file with the City Engineer the
Clerk's receipt demonstrating that such recordation has occurred. If the above
conditions have not been met within one year from the date of the adoption of this
ordinance, then Ordinance No. 39914 - 042114 shall be null and void with no further
action by City Council being necessary.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014; and is in full force and effect upon its
passage.
Sinmely�
r 0
(�k�6phanief M. Moon Reynolds, MMC
City Clerk
Enclosure
Mr. and Mrs. John Frantz
April 22, 2014
Page 2
PC: Children's Home Society of Virginia, 420 Fitzhugh Avenue, Richmond, Virginia
23230
Mary C. Bates, 435 King George Avenue, S. W., Roanoke, Virginia 24016
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Candace Martin, Secretary, City Planning Commission
,J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39914 - 042114.
AN ORDINANCE permanently vacating, discontinuing and closing a triangular remnant
of 5"' Street, S.W., adjacent to 502 Janette Avenue, S. W., in the City of Roanoke, as more
particularly described hereinafter; and dispensing with the second reading by title of this
ordinance.
WHEREAS, John Frantz filed an application with the Council of the City of Roanoke,
Virginia ( "City Council "), in accordance with law, requesting City Council to pennanently
vacate, discontinue and close a certain public right -of -way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held on such application by City Council on April 21,
2014, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from pennanently vacating, discontinuing and closing
such public right -of -way.
1
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the public
right -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows:
An approximately 2,921 square foot portion of the right -of -way of 5 °i Street, S.W., south
of Janette Avenue, S.W., and adjacent to 502 Janette Avenue, S.W., bearing Official Tax
Map No. 1140513,
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed right -of -way, reserving however, to the City of Roanoke and any
utility company or public authority, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across such public right -of -way, together with the
right of ingress and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroaclunents
on or over the easement which impede access for maintenance or replacement purposes at the
time such work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above - described public right -of -way of any
such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the right -of -way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
2
the installation and maintenance of any and all existing utilities that may be located within the
right -of -way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clerk of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of one year from the date of the adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of § 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
3
ImCITY COUNCIL AGENDA REPORT
MW
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Right -of -way vacation request for a portion of 511 Street, S.W. at
its southern terminus.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Tuesday, April 8, 2014. By a
vote of 4 -0 the Commission recommended vacation of an approximately 2,921
square foot portion of the right -of -way of 51" Street, S.W. at its southern
terminus immediately south of Janette Avenue, S.W. The right -of -way closure
will enable the applicant to maintain a side yard on Tax Map No. 1140513.
Vacation should be subject to the following conditions:
The applicant shall submit a subdivision plat to the Agent for the Planning
Commission, receive all required approvals of, and record the plat with the
Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all
properties which would otherwise dispose of the land within the right -of -way
to be vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all existing
utilities that may be located within the right -of -way, including the right of
ingress and egress.
2. Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation to
the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in the name of the
petitioner, and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and charges as are
required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the applicant shall file with the
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
4. If the above conditions have not been met within a period of one year from
year the from the date of adoption of this ordinance, then such ordinance
shall be null and void with no further action by City Council being necessary.
Planning Commission Public Hearing Discussion:
None.
/W loe�&
Marq Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
2
OF
APPLICATIOM
:49ow . °``- ` STREET OR ALLEY VACATION
ROANOKE
Date:
To: Office of the City Clerk `15.0`iginal Application
Fourth Floor, Noel C. Taylor Municipal Building o Amended Application
215 Church Avenue, S.W. No. _
Roanoke, VA 24011
Phone: (540) 853 -2541 Fax: (540) 853 -1145
All submittals must be typed and Include all required documentation and a check for the filing fee
Application is hereby submitted for street or alley vacation for the property located at:
1 street or alley: _
a
'r'-ey
a.
Name of Applicant/Contact Person: J04 o rtlk H: f Z
Mailing Address: (21 At-e__ S, L-L,)
Telephone: `�� 3y� S `j�f?Fax: ( ) E -mail 1 rwf2 e Iioo
Applicant(s) signature(s): �h
1 have read, signed and deed the attached page outlining conditions required for a successful
closure.
o K'i
5
Post Approval Conditions
Any right -of -way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and
approval of the plat, and the recordation of the plat and the ordinance. A penod of one year is provided to have the plat and ordinance
recorded
1. The applicant shall subm t a subdivision plat to the Agent for the Planning Commission, receive all required
approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke, Such plat shall
combine all properties which would othervnse dispose of the land within the right -of -way to be vacated In a
manner consistent wth law, and retain appropriate easements for the installation and maintenance of any and all
existing utilities that may be located within the right -of -way, including the right of ingress and egress,
2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of
this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, Indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other
parties In interest who may so request, as Grantees. The applicant shall pay such fees and charges as are
required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke,
Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clark's receipt,
demonstrating that such recordation has occurred.
4. if the above conditions have not been met within a period of one year from year the from the date of adoption of
this ordinance. then such ordinance shall be null and void with no further action by City Council being necessary.
By signing below I certify I have read and understand the conditions outlined above:
9
Updated June 2013
Date
I` al�iy
AND ASSOCI
Legal Description: Portion of 5" Street, S.W. to be vacated and combined with T.M. #1140513
Beginning at a point at the Southwesterly intersection of Janette Avenue, S.W. and 5th Street,
S.W., said point being the Northeasterly corner of T.M. #1140513;
Thence leaving said beginning point and with a curve turning to the right with an arc length
of 19.22', with a radius of 145.181, with a chord bearing of S 82 °16'18" E, with a chord
length of 19.20 feet to a point;
Thence S 78 °28'46" E a distance of 22.50 feet to a point;
Thence with a curve turning to the left with an arc length of 10.57', with a radius of
312.82', with a chord bearing of S 79 °26152" E, with a chord length of 10.57 feet to a point
along the original Easterly Right of Way of 5th Street, S.W. (City Engineering Plan # 1481);
Thence with the original Easterly Right of Way of 5th Street, S.W. (City Engineering Plan #
1481) S 06 °57104" E a distance of 14.69 feet to a point along the Northerly Right of Way of
Interstate 581;
Thence with the Northerly Right of Way of Interstate 581 S 29 °55127" W a distance of 83.29
feet to a point, said point being the Southeasterly corner of T.M. #1140513;
Thence leaving the Northerly Right of Way of Interstate 581 and with the Easterly line of T.M.
#1140513 N 06 °57104" W a distance of 96.52 feet to the point of beginning containing 0.0643
Acres or 2,801 Sq. Ft.;
Property herein described being located in the City of Roanoke, Virginia.
TH
�.�:(
OHN R. McADEN
Lic. No. 2002
4
0
, � SURUti�
PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS
ROANOKE . RICHMOND . NEW RIVER VALLEY . SHENANDOAH VALLEY
1208 Corporate Ckde . Roanoke, V#ghla 24018. (5401772-9580 - FAX (540( 772 -8050
w .bWzer.cc
,C-
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: (548)853 -2541
Fax: (548)853.1145
E-null: clerk@monokevo.gov
February 7, 2014
Rebecca Jo Cockram, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Cockram:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Pursuant to Section 36.1- 690(e), Code of the City of Roanoke (1979), as amended, I
am attaching copy of an Original Application for Street or Alley Vacation received in the
City Clerk's Office on February 6, 2014, from John Frantz, requesting to permanently
vacate a portion of 5th Street, S. W., south of Janette Avenue and adjacent to the 502
Janette Avenue property.
Sincerely,
/onathan E. Cralf, CMC
Deputy City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
John C. Frantz, 601 Woods Avenue, S. W., Roanoke, Virginia 24016
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
O IRON P01 SET
• IRON PIN FOUND
20 LOO LINES I
R� aw-as as ►A
' 6�r� P� 0' 0.098 AC.
_ isR`Pt' 0 V.O.H. CONG� TM. 11140513
j � O
q 14 21
N.0'2 STORY
FRA ?£
hti � g
'In g7.3' o
= grj 3.4
D.H. CONCa ~
AAWV. FNO. ^+
0
CONC. CURB
15' ALA
L1 -NW41
2gV�Y
h2u
PORCH
._..
SOf1WL' K
✓ANETTE AVENUE, S. 11
NOTES: ' 50' RA
1. OWNERS OF RECORD: JUDY L GIBSON
2. LEGAL REFERENCE: WILL INSTR. NO.130000403 -�
3. TAX MAP NUMBER: 1140513 ��, A I�
4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES.
PHYSICAL IMPROVEMENT SURVEY FOR
JOHN FRANTZ TH OF L
84R34RA ANNE' JANNETTE -2e -1
a �P�
LOT 1 AND 6.10' OF LOT 2
SECTION 11
JANETTE LAND COMPANY
CITY ENGINEERING PLAN /1481
LESS & EXCEPT
0.018 AC. IN R/W
CITY OF ROANOKE, VIRGINIA
SURVEYED JANUARY 09, 2014
JOB #R1420004.00 SCALE: 1' - 20'
TEL:- 540- 772 -9580 FAX: 540 -
PLANNERS ARCHITECTS ENGINES
Pr & Associates, Inc. 1208 Corporate 0
JOHN R. McADEN
REVISED: 01 -28 -14
NAME CHANGE
w
.apses •e�oas
502 Janette, S.W., TMR 1140513. Adjoining Property Owners List
TA%ID LOCADDR O
OWNER O
{ .rte... .....'.i3b .... <. .a
Area of ROW to be vacated: 2,921 Sq. Ft.
AFFIDAVIT
APPLICANT: John and Barbara Frantz
LOCATION: Right -of Way adjacent to Janette Ave., S.W.
REQUEST: Closure
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 26th day of March,
notices of a public hearing to be held on the 8th day of April, 2014 on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No and Owner's Name and Address
1031011
CHILDRENS HOME SOCIETY OF VA
4200 FITZHUGH AVE
RICHMOND VA 23230
1140423
MARY C BATES
435 KING GEORGE AVE
ROANOKE VA 24016
1140513 (applicant)
JOHN FRANTZ
BARBARA A FRANTZ
601 WOODS AVE SW
ROANOKE VA 24016
ill _""��"Cb_t .�
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of March, 2014
Notary Public OA^ N R.
rY NOTARY PUBLIC
Commonwealth of Virginia
I "A u, Peg. #2820
y ,mission Expires
The Roar:oke Times
Roanoke, Virginia
Affidavit Of Publication
The Roanoke Times
- -- --- -- --
i
NM
CITY OF ROANOKE, PDV i
CITY PLANNING COMMISSION
iawneNee ftO98M ratan
215 CHURCH AVE, ROOA1166 SW I hole in too City Coss
ROANOKE VA 24011 Cbentber. foerth ftn
I e.. _ tidl . Now C. TV
REFERENCE: 80676514
13577334
State of Virginia
city of Roanoke
PUBLICHEAP.IN;NOTICEA
ART$ w"a"s0"att"B11
to
" °�C p`t. t to t
I, (the undersigned) an authorized representative 1 plane tot 611 rN'a
of the Times -World Corporation, which corporation l a°�si a�°Mest s060
is publisher of the Ruanuke Tin.-.s, a daily
I+oshseeh.aoua
newspaper published in Foan. ke, it-. the State u-` I The tit f of Roeooks;
Virginia, do certify that tr,e annexed notice was I �Nmsdtsise "v�RI
published in said newspapers on the following Ipd �, i1�
am "a Noah w tbe 10 00"Mor
dates: I baF�r
I A nioost from itssf
Roberts to yotstneomb
ois"Wow, eOONO a"
°�NYissnas� ON
slloy 4NIPA Ot4Mtt1
City /County of Poanoke, comr.;cr:wea'_th /State of I A1108 s °aa se�arine
Virginia. Sworn and subscribed before me this ORNWTSi NO.41if*l
.Dt __day of APR 2014. W.Ltr.ess try
hand and I.ta ,
I Oro orsti as Part of s
official Spa' _. orortess r ms
&Moro esosf tag AMR
' „otat. -}' Public I p.NO^:MI°F' uooWMt29
2322 FrseNan Rae.
S.W., toot ate, Nt
PUBLISHED Oh: 03/2E 04/02
TOTAL COST: 1,-188.48
tsgtilNq•
oOOreamNidf 5.31Ts1
txr64 -N rm, TM
a to
PU6t1C
t
�,• ; RE(3 t>72Pf3??} ”
13"25.122004 noe't,
remorsl of • b(fiieosra
y
WY
h : Y CiM+IWS5t01Y t
ra"nfq or°N"itaeo'
ott
�
s,F #oar" of oar",
go a# #111
�Iwftaadwrownb
FILED ON; 04/02/14
- —
Authorized
signature:_____
to
wopM�.fhre";�
000$A
« at Oratorios No, I
Billing Sen'ites Represe:tat'.ve
R*b*440 Ck<ktkm,
s"MHY. CHy Plknning
=tozi= A00t 21,
101{, N :OOP.M. m u
koliQ Wl am""nw be
St k M. Me . MMC.
M35?n111
In
va
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925 - 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial - General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5h Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial- Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014.
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
(540) 853 -2541
March 21, 2014 11:50 a.m.
STEPHANIE M. MOON REYNOLDS, DIMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkuroanokeva.gov
April 14, 2014
Mr. and Mrs. John Frantz
601 Woods Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. and Mrs. Frantz:
JONAI IIAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. N'EBIE CI11C
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
April 21, 2014, 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 your request to permanently discontinue, vacate and close an approximate 2,921 square
foot portion of the right -of -way of 5th Street adjacent to 502 Janette Avenue, S. W.
The City Planning Commission at its meeting held on Tuesday, April 8, 2014, on a 4 -0 vote,
approved your request. If you would like a copy of the Planning Commission report, please
contact Rebecca Cockram, Secretary, City Planning Commission, at (540) 853 -1130.
Lastly, it will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely, y
Stephanie M. Moon, MMc
City Clerk
SMM:ctw
PC: Children's Home Society of Virginia, 420 Fitzhugh Avenue, Richmond, Virginia
23230
Mary C. Bates, 435 King George Avenue, S. W., Roanoke, Virginia 24016
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Barry C. Bellamy, Owner
2002 Country Club Road
Troutville, Virginia 24175
Dear Mr. Bellamy:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39915 - 042114 rezoning properties located at 440
Elm Avenue, S. W., 444 Elm Avenue, S. W., and 808 5th Street, S. W., respectively,
from Residential Mixed Density (RM -1) to Commercial- Neighborhood (CN), as set forth
in the Zoning Amendment Amended Application No. 1 dated March 28, 2014.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014; and is in full force and effect upon its
passage.
rhder �
Cvti ephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Valerie Eagle & Wayne Cundiff, 445 Elm Avenue, S. W., Roanoke, Virginia
24016
Piedmont Property, LLC, 540 Ellett Road, Christiansburg, Virginia 24073
Marian Ali, 431 Elm Avenue, S. W., Roanoke, Virginia 24016
William Kent Martin, 436 Elm Avenue, S W., Roanoke, Virginia 24016
Oliver's Twist, LLC, 441 Mountain Avenue, S. W., Roanoke, Virginia 24016
Randall Mitchell, P.O. Box 8025, Roanoke, Virginia 24014
Eye -Bank of Virginia, 501 Elm Avenue, S. W., Roanoke, Virginia 24016
Mardoel Hernandez, 502 Elm Avenue, S. W., Roanoke, Virginia 24016
Barry C. Bellamy
April 22, 2014
Page 2
PC: Erika Lynn Johnson and James Kristian Hodges, 4411 Fishersview Road, Pilot,
Virginia 24138
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Candace Martin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of April, 2014.
No. 39915- 042114.
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, and dispensing with the
second reading by title of this ordinance.
WHEREAS, Barry C. Bellamy has made application to the Council of the City of
Roanoke, Virginia ( "City Council "), to have the property located at 440 Elm Avenue,
S.W., 444 Elm Avenue, S.W., and 808 5"' Street, S.W., bearing Official Tax Map Nos.
1020602, 1020601, and 1020628, respectively, rezoned from Residential Mixed Density
(RM -1) to Commercial - Neighborhood (CN);
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on April 21, 2014, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
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 those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map Nos. 1020602, 1020601, and
1020628, located at 440 Elm Avenue, S.W., 444 Elm Avenue, S.W., and 808 5"' Street,
S.W., respectively, be and are hereby rezoned from Residential Mixed Density (RM -1) to
Commercial- Neighborhood (CN), as set forth in the Zoning Amendment Amended
Application No. 1 dated March 28, 2014.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
CITY COUNCIL AGENDA REPORT
a
To: Honorable Mayor and Members of City Council
Meeting: April 21 , 2014
Subject: Application by Barry C. Bellamy to rezone property located at 440
and 444 Elm Avenue, S.W., and 808 5th Street, S.W., bearing
Official Tax Nos. 1020602, 1020601, and 1020628 respectively,
from RM -1 , Residential Mixed Density District, to CN, Commercial -
Neighborhood District.
Recommendation
The Planning Commission held a public hearing on Tuesday, April 8, 2014. By a
vote of 4 - 0 the Commission recommended approval of the rezoning request,
finding Amended Application No. 1 is consistent with the City's Comprehensive
Plan, Old Southwest Neighborhood Plan, and Zoning Ordinance as three vacant
buildings will be redeveloped for an active use appropriate to the surrounding
area.
Application Information
Request:
Rezoning
Owner:
Barry C. Bellamy, Owner
Applicant:
N/A
Authorized Agent:
N/A
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
440 and 444 Elm Avenue, S.W., and
808 5th Street, S.W.
Official Tax Nos.:
1020602, 1020601, and 1020628
Site Area:
0.2970 acres
Existing Zoning:
RM -1 , Residential Mixed Density District
Proposed Zoning:
CN, Commercial-Neighborhood District
Existing Land Use:
Vacant, Previous) Multi-family Residential
Proposed Land Use:
Multi-family Residential
Neighborhood Plan:
Old Southwest Neighborhood Plan
Specified Future Land Use:
Village Center
Filing Date:
Original Application: March 5, 2014
Amended Application No. 1: March 28, 2014
Background
The three properties on the southeast corner of Elm Ave. and 5th Street, S.W.
were originally built as single - family homes. The properties were multifamily
dwellings for many years that contained 12 dwelling units. The properties were
gutted several years ago and have been vacant ever since. The previously
established use of the property is now considered abandoned and the current
RM -1 zoning district regulations prohibit the reestablishment of previous use.
Therefore a rezoning is required.
In February 2014, the owner met with staff to discuss rezoning the properties to
allow for a mix of multifamily and commercial use.
In March 2014, the applicant filed an application to rezone the properties from
RM -1, Residential Mixed Density District, to CN, Commercial- Neighborhood
District. The proposed use of the property is multifamily residential and
commercial.
In March 2014, the applicant filed an amended application clarifying the steps
they will take to enable seven dwelling units on the properties.
Conditions Proffered by the Applicant
None.
Considerations
The properties proposed for rezoning are at the corner of a commercial
neighborhood center in Old Southwest where Elm Ave. and 5th St., S.W. intersect.
The proposed redevelopment of the property does not change the current
development of the site, only the uses within the site itself.
Surrounding Zoning and Land Use:
2
Zoninq District
Land Use
North
CN, Commercial- Neighborhood District
Office, General and
Professional
South
CN, Commercial- Neighborhood District
Retail Sales and Personal
Service Establishment
East
RM -1, Residential Mixed Density
Vacant
District
West
CN, Commercial- Neighborhood District
Retail Sales and Eating
Establishment
2
Compliance with the Zoning Ordinance
The properties are in the H -2 Historic Overlay District and are subject to the
Architectural Review Board approval for any changes to the exterior of the
buildings and site development.
The details of the parking area shown on the concept plan will be reviewed for
conformance to the Parking Area Development Standards of the Zoning
Ordinance during development review.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Old Southwest Neighborhood Plan recognize the
need for the redevelopment of sites at village centers to serve the needs of
citizens and visitors. The parcel is located in an area denoted as an existing or
potential village center. The amendment of the planned unit development plan
will allow for redevelopment of three vacant properties at the corner of Elm Ave.
and 5th St. while retaining the existing historic buildings. Relevant policies and
action items in the plan include:
Housing and Neighborhoods - 3.1.1 Housing and Neighborhoods Map
The map depicts the area of Elm Ave., S.W., and 5th Street, S.W., as
an existing and potential village center.
NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a
neighborhood setting. Neighborhood- oriented commercial activity
will be encouraged in well- defined village centers.
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
The proposed project and rezoning of the property fulfills the City vision for
reuse of buildings that have long been vacant in the village center area with
uses and forms that are appropriate to the surrounding neighborhood. The
existing historic buildings and site development will remain and are subject to
the additional guidelines of the H -2 Historic District.
The Old Southwest Neighborhood Plan recognizes village centers in the historic
neighborhood as important aspects of a live /work /play environment that the
neighborhoods were built around. The Fifth Street village center is an area that
many residents have cited as a priority for improvement in the neighborhood.
Relevant policies and action items in the plan include:
3
Fifth Street Village Center:
The Fifth Street village center identified in Vision 2001 -2020 was rezoned
in 2005 per the Future Land Use map of the original plan. Village centers
are centers in neighborhoods containing a mixture of higher- density
residential uses and neighborhood commercial uses. They serve as the
focus of neighborhood activity and vary in size and scale depending on
the nature of uses and size of the surrounding area. Village Centers
should be dense, compact in size, and identifiable. Centers generally
have fixed limits so that commercial activity does not encroach in the
surrounding residential areas. Some ideal village center commercial uses
are restaurants, coffee shops, convenience stores, specialty shops and
small retail establishments. Live /work space is also an appropriate use
for village centers. Live /work space is a mixed -use tactic that employs
office or retail use on the bottom floor and residential use in the upper
floor of a structure. In recent years the City has encouraged and seen an
increase in such uses, particularly in the expansion of down- town
housing options. To encourage a pedestrian environment and desirable
streetscape, buildings in village centers should be placed close to the
street, immediately adjacent to the sidewalk.
Further development and enhancement of the 5th Street Village Center
was cited by residents as one of the top priorities for improving the
neighborhood. In 2005 the zoning map adopted by City Council zoned
several parcels for residential use that were identified in the future land
use map of the Old Southwest Neighborhood Plan as village center
properties. Only the properties that were at the time of a commercial
use, were zoned CN, Neighborhood Commercial. However, all of the
properties in the village center of the future land use plan, will be publicly
considered for village center uses if appropriate plans and rezoning
application are submitted. The structures in question are of a residential
design. The current zoning will allow these properties to be used for
residential development until appropriate steps are taken to convert them
into commercial uses. If and when such requests are submitted, the
public will have the opportunity to review the plans and comment.
Community Design:
Historic Preservation: Old Southwest's character stems from its
historically significant architecture, streetscapes, and public spaces. The
historic character of Old Southwest must be preserved, protected and
enhanced.
Village center: infrastructure should be conducive to pedestrian friendly,
village center development Future neighborhood commercial
development should adhere to the design principles of Vision 2001 -2020
for village centers:
IR
• Concentrations of higher- density, mixed use development and
live /work space.
• Increased lot coverage, collocated signs, efficient lighting, on- street
parking, pedestrian accommodations and orientation of buildings
close to the street that emphasizes pedestrian activity.
Use the future land use map to evaluate rezoning and special exception
requests. In particular, requests for properties in the village center should
be considered if the design and uses are supported by the neighborhood.
Residential Development:
• A variety of housing options should be available in Old Southwest,
including detached single - family, town homes, condominiums,
apartments and live /work units.
Economic Development:
• Village centers should be designed to promote pedestrian
accessibility. Businesses should attract clientele from the
neighborhood and elsewhere in the City.
The principal consideration is whether the proposed rezoning is consistent with
Vision 2001 -2020 and the Old Southwest Neighborhood Plan. Staff finds that the
rezoning as proposed is consistent with these plans as it reuses properties that
have long been vacant in a manner appropriate to the surrounding area while
maintaining the historic structures that are a part of the neighborhood. The
reuse will allow for opportunities for residential units and space for small
business enterprises as proposed by the applicant.
City Department Comments:
Comments on the original application provided by City staff to the applicant
include the following:
• The rezoning and subdivision (combination) will need to precede
development review because the number of dwelling units permitted is
affected.
Public Comment Summary
Joel Richert, of Old Southwest, voiced concerns regarding the change of properties
from single- and two - family structures to multifamily and commercial structures in
this village center area
5
Planning Commission Work Session (March 21 2014):
None
Applicant Response to Staff. Public and Planning Commission Comments
In March 2014, the applicant filed an amended application clarifying the steps
they will take to enable seven dwelling units on the properties.
Planning Commission Public Hearing Discussion:
The following comments and questions were posed by the Planning
Commission at their April 8, 2014 public hearing.
• Mr. Scholz asked about the balance of uses in the proposal. Staff
responded that commercial uses and residential multifamily uses are
appropriate in neighborhood commercial centers per the comprehensive
plan, neighborhood plan, and zoning ordinance. New multifamily
dwellings are not allowed in the surrounding RM -1 area and over time the
multifamily use here will provide variety in the housing choice in the area.
Mr. Futrell asked why the applicant decided to go with a higher density
residential use. Mr. Bellamy responded that the decision is in part
financial viability for the project at the beginning and the existing
constraints of the site. He stated that the commercial uses are important
to the project and may be mixed into the latter two of the three buildings
to be developed with commercial downstairs and residential above.
The following comments and questions were posed by the public at the
Planning Commission's April 8, 2014 public hearing.
• Mr. Jim Haynes, 526 Marshall Avenue, SW, stated that Mr. Bellamy has
done good work consistent with the neighborhood, that these properties
had been vacant for years, and that he hoped the Planning Commission
approved the application.
• Ms. Jennifer Lawrence, 521 Elm Avenue, SW, stated that the area has
improved in the past ten years. She is thankful that someone bought the
properties, but is concerned only with the apartment aspect of the
application due to the number of apartment rental units already in the
area.
• Mr. Wayne Cundiff and Valerie Eagle, 445 Elm Avenue, SW, sent a letter to
be read to the Commission. They stated that they strongly supported the
application. The three buildings have been a blight on the community for
17 years. They were part of the City's Comprehensive Plan process and
Mr. Bellamy's proposal is in complete agreement with the plan. They
support the project and asked the Commission to do so also.
6
- �n4;14aAe&
Mark Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian Shaw, Planning Commission Agent
Barry C. Bellamy, Owner
7
Zoning Amendment
Application
Department of Planning, Building and Development
Room 166, Noel C Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virgmi 1 24011
Phone. (540)&1%11730 Fax (540) 8531230
Date: IMar 26, 2014
�e sLj iccii�t�th »it 'iPplyl,
RECEIVED
MAR 2 8 2014
CITY OF ROANOKE
PIANNI
Submittal Number ded Application No.1
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Condrbonal
❑ Rezoning to Planned Una Development
❑ Establishment of Comprefwnsne Sign Oveday DisW
pr9parwiptimmmllow
Address- 1440 & 444 Elm Ave. SW and 808 Fdth St SW
Official Tax No(s). ' 1020602, 1020601, 1020628
•' "�I
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Exlsbng Base Zoning ❑ With Conditions
RM-1, Residential Mixed Density x
(If mutbple zones, please manually enter all districts) Without Conditions
L ❑
Ordinance No(s). for Exist ng Conditions (1,
-- i ❑ With Conditions proposed
Requested Zoning FNConm -rc al- Neighborho
Residential and Commeraal
(] w ,r A Conditions land Use:
Piw dY_QwlUr slaw atioan � r
Name f8arryC Bellamy
Address: 12002 Country Club
i 11 I 1L71r7i LA-1i ' II 1l• I1 'I.l Lj,Oyl
Phone Number +1(540)354 -6171
E-Mail BanyCMlamy@comcascnet
Name: I I Phone Number
Address: l I E-W]
Applicanf3 Sign ure
_A;ditgizp,l. ASet tjnftm tka 111 _PjWW4h10
Name Phone Number.
Address. I I E -Mail
Authorized Agents Sgnahrre
Zoning Amendment 1111V I
Applicat'non Checklist !r=
The following must be submitted for all applications:
I Completed application form and checklist.
Written narrative explaining the reason for the request-
F- Metes and bounds description, if applicable.
V Filing fee
For a rezoning not ofhervnse fisted, the following must also be submitted:
F- Concept plan meebnn the Application Requirement of item'2(c)' in Zon ng Amendment Procedures.
For a condtional retuning, the follow!-; must also be submitted:
F- Written proffers. See the Cites Guide to Proffered Conditions.
ROANOKE
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures Please label as
F-
'd velopmenl plan it proffered
For a planned unit development, the rs:'owr.^g must also be submitted.
I- Development plan mee4 ng the requirements of Section 36.2 -326 of the Ciys Zoning Ordnance.
For a comprehensive ign overlay district, the to -ov_ ng must be submitted:
F- Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the Cftys Zoning Ordinance.
For an amendment of proffered conditions, the fa'ow tg mu ,t also be submitted:
Amended development or concept plan mee, ng the Application Requirement, o ;em'2(c)' in Zonng Amendment Procedures,
F-
it applicable.
F- Written proffers to be amended. See the Crlys Guide to Proffered Conditions
F- Copy of previously adopted Ordmance.
f or a planned unit devekpment amendment, the following must also be submitted:
F- Amended development plan nw ng the requirements of Section 36.2 -326 of the Cdys Zoning Ordinance
F- Copy of previously adopted Ordinance.
For a comprehensive sign overlay anarndment, the following must also be �ubmdted
F- Amended comprehensive signage plan meeting the requ,rements of Section 36.2- 336(d) of the City's Zoning Ordinance
F Copy of previously adopted Ordnance.
For a proposal that requires a traffic fmpact study be -�utmtitted to th, City, the following must also be submitted:
F- A Traffic Impact Study in compliance with Appendix B-2(e) of the Cdys Zoning Ordinance.
For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted:
F- Cover sheet.
F- Traffic impact analysis.
F- Concept plan.
Proffered conditions, it applicable
R quired fee.
'An electronic copy of this application .nd checklist can be round at w ww.roanokeva.govlpbd by selecting'Planning Commc, on' under
'Boards and Commissions' A complete packet must be submitted each time an appication is amended, unless otherwise specified by
staff.
Response To Comments...
Recommended Changes: The following comments should be addressed for compliance
with City policy and ordinances.
Planners
option #1 ... No single or two family dwellings are allowed in CN, therefore,
residential units in CN of less than three units must be part of a mixed use
building: with the current requirement of one dwelling unit per 1, 800 square foot
of land area, 440 Elm may have 3 dwelling units, 440 may have 2 dwelling units
and must be part of a mixed use building, and 808 5th St may have 1 dwelling
unit and must be part of a mixed -use building
option #2 ... To maximize dwelling units per acre to 7 for these three lots together
the following steps must be taken:
• Rezoning
• Subdivision of three properties to one lot (to obtain maximum density of 7
dwelling units for the existing property square footage)
• ARB
• Development Plan
Response:
Selection Option #2
To comply with Roanoke City policy and ordinances relating to maximum density of dwelling units
per property square foot, the three parcels (1020602, 1020601, 1020628) located at 440 & 444 Elm
Ave. SW and 808 5th St SW respectfully, will be subdivided into one lot. The total area of the new
one lot will be 13,000 sgft; hence allowing for a maximum density of seven units (13,00011800 =
7.22). The allocation of units per dwelling will be ... 440 Elm Ave. SW will have 4 units and 444 Elm
Ave. SW will have 3 units. With the rezoning of the new single lot to CN, 808 5U St. SW will be used
for commercial purposes.
Zoning Amendment Narrative
440 & 444 Elm Ave SW and 808 Fifth St.
Currently the three properties, 440 & 444 Elm Ave. and 808 5t' St. SW, located on one of Roanoke City's
busiest comers and future Village Center, are abandoned and condemned eye sores. The properties have
been vacant for years and are magnets for the homeless, drug users and other less appealing citizens.
Their potential is still there, hidden behind years of neglect and failed renovation attempts. Their
architecture is breathtaking; high ceiling, grand staircases, large rooms, front and rear porches, exterior and
interior detailed trim work, etc.. And with Roanoke City designating 5M St. SW and Elm Ave. SW as future
Village Center, something has to be done. With the current zoning of RM -1 (Single Family), the properties
will not be able to achieve their highest and best use. But changing the zoning to CN will allow the
development of a mixture of Multifamily and Commercial and bring the foot traffic and diversity needed to
develop a true Village Center.
A. Description of proposed use and development of the property
a. Renovate and convert 440 and 444 Elm Ave SW to four unit and three unit multifamily
residences correspondingly.
b. The lot behind 440 Elm Ave. SW will become a ten car parking lot (see attached drawing)
c. Exteriors will not be altered just repaired or replaced to original per Historic District
Guidelines (Roanoke City Architectural Review Board)
d. Based on results and acceptance of the Elm renovations, 808 Fifth St would then be
addressed; keeping with what the surrounding area is moving towards on 511, Street (i.e.
more commercial than residential, higher density and diversity... possibly small office
building)
B. Justification for the change
a. Improve the area by changing three vacant eye sores into vibrant occupied multifamily
residences and commercial businesses
b. Increased foot traffic to local businesses
c. Fulfill Roanoke City's Vision 2001/2020 of a Village Center by adding the diversity of
multifamily residences and commercial businesses
C. Effect of the proposed amendment on the surrounding neighborhood
a. The traffic will not increase drastically since multifamily residences and small businesses
typically don't have the potential for large number of people coming and going
b. Since the area is already a designated a Village Center, the need for increased utility
usage (while minor) can be easily handled
c. Follow what is currently present and what is planned for 5th St. and Elm Ave. SW (i.e.
Village Center)
d. Take three vacant and dilapidated structures and make them active, vibrant and appealing
places of business and homes for families
D. Availability of the other similarly zoned properties in the general area and in the City
a. Currently all three structures are zoned RM -1 (Single Family), while the surrounding
neighborhood consists of CN (real estate office, convenience store, and a business) on the
other three adjoining comers. Allowing for multifamily and small commercial entity will
address a important and vital piece of a Village Center
E. Relationship of the proposed amendment to the City's Comprehensive Plan and the
applicable Neighborhood Plan
a. Allowing for multifamily and small business would bring the diversity that having a Village
Center offers and is in accordance with the City's Vision 200112020 Plan (Note ... NH A3.
Rezone existing and potential village center locations to encourage and
accommodate higher- density development and a mixture of uses.) See attached Old
Southwest Future Land Use Maps
b. Allow 5t^ St. and Elm Ave. SW development to reach it s fullest potential by eliminating
three roadblocks, hence fulfilling Roanoke City's Vision 2001/2020 Plan
Old Southwest
Zbvft Dkbkt
Qa ngm.eeecn.ee�+
C200 N-0 �cm.c.o
R mwrnn
qu Dowro��C?!�
wit raesr �}�
n�aw. wusy.m+r u�+.aaev l
maz u..ea.�wa am.m
�R06 WU�Mm IOp��S}v
S`�SS
II
4 1 �
ld LRI) II Man
j
`r
���
�-v
T
�n
L
Vic,
��
�f
�"
�orlCEpr PMt� �� y�v y44 fit, L Av'_ Auo
ELnn AqF 14,1
i
P�
.. _...__.._. .. ftF- W P4K.
Y
r
Gaoas 4ba�µ M
`�
23/coo fast
J
�
3
� Eun rt
qq A-m
y
1a14 -54*r
ps55i sow
--m :m 1020f.oS.
s
r
�t .M# 10106oz
W
c 23'9
M
M
�
M
esA. I =,,
i4�sr
V 1
I's ,0 p"
`y,
(ZEAR �t�F1
w
�
* Norte Au-
S
f{+
Pge"b
Fj.
SPAcr_5
i'b •�
Mq
Y x 14
-�
of
3
.0 zoo s4Fi'
a2
d°j
�
N
n Ikl TDs 102daZ %-
Iv
�
H
r5'Ia M 3
RAJ
p.c ;rob"
d
„• as AILF v(�y
PL
A � WAI
Pewee•
lbl ?2
r
7
nil
W d -a
I— 9�
r
a0 Afi �• as flea M�Ie_.a0 Ah ...
.ELM AVENUE. S. W.
(Posmv1 v Mw AV;)
50' 11 /W
O
C
0
t
3
D
v
S
LOT 14 CONTAINS
�SOUARS rEST
LOT Is CONTAIW
SQUARE FELT
33r3}353t;aTdontitsma lUrWafaCT To rado33atrea wLCJ
tut woxseL03m n a urea Rime or a LrC103m AtT0a3af:
rl.
ST .
alm m INNISIGIANCIP Il/AO OfaR NstLLlfOfr• •• ••
ST. .. -1Q T K. •�'. -.
=0 yzamasTI,
1M.
Y Lv1(e[s mIW.
AOri iy iffy if,if'R.-.../
a m OtWO AOta 001�lY.®CON �OItl!��OgeCW .
IOWOO nu W.• d wmE10. RILS M.��yp.p��p v �W.-
acme aacAn A10fais.
O.OAC[a. s ica, W d —J ,C
lif
CXZXmjjSI
�. � a � gy_ nu as wni u ereie. ' •��.c
..1001141.4-A
0011NDNE DATA
1 —i
655. 10' E 60.00'
a —s 0 W 50'w 130.00•
3—+ N DV Ia w so.ow
,-.;1 N 41 60' a 150.00'
3 -5 ees• IO'E so-Do'
5-4 114S, 5O• W 13O.o0•
4 -3 u OY w w 50.00'
3�t N e s0's 170.00'
sOUL10ARY CONTAINS 15000 SOUAm
rawr (0.30 AC.)
Sam. TNe OROaR or BOARD or
=ou1NO ArpLALS ArpsAL Lmv-6b
ALLOwlm cit"TION Or LOTS
CONTAINING ago* SGUAN3 reer
{ 4000 OOUA0.i rsST.
susalvlslam -roR
444 ELM -808 5em STREET
A550CIATE5, A VIRGINIA
GERIERAL PARTNL' RSH I P
WBDIVID1uG LOT 1. SaCT10N I3.IdW1S
ADDITION MID CRSATINO NSW LOT W.
"Jo NSW Larr Is sITUAT6 ON M."
AVODUi.A W. PNO FIrT11 s'mtIrr1 S.W.
r.
- Ro'kNOKS, viltw p,
aNNNYNO • YOOt{. LT6
sCAL61 1'• 30' MAY 10. 1104
N. s.• Owl W.O. 86 -0170
Wy® Li-A AvE VW tAs%.A s I? Z, )
114V
Ll
J-v
AL-
i.
`4 O HVE
UNA s 3 )
z.%'C'
f 2'c
.. J
14G
b"
K�
.q � �
3 � *? i _
,a
I '$
4 � •�
T i
r.�
`�,
�-�
-d
`L
�y
u
_�
>,�
'tri '
.A
r�
_�
ci
f
.;
�,
}t
1
)
Q
N
L
P
+,�
u
T
�
jj
i.
u
_�
>,�
'tri '
.A
r�
_�
ci
u
ry _ _. _
rl
ip (�.
��_�..
4
.�
'�
c
p
_�
.;
�,
� �l
Q
N
u
ry _ _. _
rl
ip (�.
��_�..
4
.�
'�
c
p
_�
Oil
9
V*3 ff)
Lij
d:p
V1
0
io
o c>
W
f
a
5
M
m
z
W Z W W W W W W W
Y Q Y Y Y Y Y Y Y
v z fo 0 0 0 0 0 0 0
Jz�nzzzzzzz�-
a Q m a Q a a Q a Q 0
L z u =� W m z== a
O
W G
a 3
N N W > K
rr >
Yn wo°0Q
D
J J C x x
J Z W W W W f O O W W LL
co
3 O Ln v a a s
Or
L W
c z
o
a` 3
C_ LL
LL_
C z
Z U Z
O J F J a
V1 W O a J O O Q y
J _
d W Z =¢ C O W 2'
a z a 3 J J
Y Q
y> O Z_ W W Z Z
L W J Q F; i x m
Yf .3 l7 Ow G _H H W z 0
O w a a f O w l
W
9
3 3
3 WW3
> > N
i ¢ Q Q Q z z F Q a N
WQ old cOc cOc z x
Q W W W W C C O W W L~!1
luJ vppl Vt �-1 t0 .-1 1� � rl N th
0 'V of � C C Q O uOj 10A 0~0
VI m t+1 V tf1 N M m
to lD LD tD CO GO
pO x O O p 0 0 0 0 .. .. ..
i 1120631
m
CN
CN
^p
O
0
1 829 µ nker o
k
CA
r
rt
` 1020
a ,
6 °9
,t0
�O
w
b0
O�
w
6 °A
^A
�6
^O
RM -1 MX
5
440 and 444 Elm Avenue, S.W., 808 Sth Street, S.W.
Official Tax Map Nos. 1020602, 1020601, 1020628 ti'
AFFIDAVIT
APPLICANT: Barry C. Bellamy
LOCATION: 440 and 444 Elm Ave., S.W. and 808 5" St., S.W.
REQUEST: Rezoning
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 26th day of March, 2014,
notices of a public hearing to be held on the 8th day of April, 2014, on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No and Owner's Name and Address
1020113
EAGLE VALERIE S & CUNDIFF WAYNE
445 ELM AVE SW
ROANOKE VA 24016
1020114
PIEDMONT PROPERTY LLC
540 ELLETT RD
CHRISTIANSBURG VA 24073
1020115
ALI MARIAN M
431 ELM AVE SW
ROANOKE VA 24016
1020603
MARTIN WILLIAM KENT
436 ELM AVE SW
ROANOKE VA 24016
1020613
OLIVERS TWIST LLC
441 MOUNTAIN AVE
ROANOKE VA 24016
1020614,1020615
MITCHELL RANDALL T
PO BOX 8025
ROANOKE VA 24014
1120631
EYE -BANK OF VIRGINIA
501 ELM AVE SW
ROANOKE VA 24016
1120813
HERNANDEZ MARDOEL
502 ELM AVE SW
ROANOKE VA 24016
1120829
ERIKA LYNN JOHNSON
JAMES KRISTIAN HODGES
4411 FISHERSVIEW RD
PILOT, VA 24138
L,=a=2,CvQ,qA0�
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26t1��'j'/d�laayy of Marc4,-2014
Notary Public
RTI C irginia Em ���
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The
Roanoke Times
_________ _i _ _ _____
_ ___________
MW IMllMaM
NMI
CITY OF ROANOKE, PDV
CITY PLANNING COMMISSION
All P.buc bea,in s
215 CHURCH AVE, ROOM166 SW
advertised Wale '111 a
"aid a the
ROANOKE VA 24011
C 1Ounb 1100',
Room 460. Noel C Taylor
Municipal Rullding 215
Avenue. 6
�Church
RoSnake. Virginla. All
aeellrallwn eve available
REFERENCE: 80076514
13577334
State of Virginia
City of Roanoke
PUBLICHEARINGNOTICEA
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
kg2L_day of APR 2014. Witness my hand and
official seal.
%L_ — Notary Public
PUBLISHED ON: 03/26 04/02
TOTAL COST: 1,788.48
FILED ON: 04/02/14
NAayd46gkft" ,,
1i, ki .4110
,. •'hiortlav' ,
RM PU�B13.sc��v n';.4
my Gov�"Sm
•,••aO ALN```,�
�tOf rev W. In the rwmm�a
gNding and Development
ottf<e. N00m 166.215
GAorch Am. S W . Rornoke.
VA
` Any person wnb n 4Nabinly
tequl ring any'p ecpl
p cp m�IPaleoie tAs
heafpge agOY1d Ca.'.A
Planning Building and)
Oarelopmant et 15401
8541730 N le five dam
( P•i.r to 'ne eye dul.dl
hna,mit
The City of Roanoke
planning CommNSion die
i hold public hearings on
April R. 3014. at 1.30 p.m..
a as wory as pe matters
may be Aram. to tonsil-,
(bare appl"Une,:
A req, al from Stacy
Roberts 10 permanently
dl ... atinue. eScmtb 1400
clot, an ewou
square toot portion of the
alley behind PrOPe,ty
...... a5 E6 heeling
Olt w Tat No 4141001.
APPllutbn by In View, LLC
to repeal all conoM.As
pr olte retl as Pert of a
previous reza -ing and
amend the Planned Unit
Deve100menl Plan as they
petlNn to a paltion of the
amplifiers located N 2309
�M 2331 Franklin Road
a .'
5 W.. conga In ln{
app tosi m0 ppp ly 5.2179
,Nos be-On 1150 D106aand
'1272504 reapedArN. The
conditions Of* *too 10'
repNl. adopted Mfa the
anaHmeAt Of 0NlvMnce Na
36925122004. regYire
romorel .I . blllboa,d .
requite e,,h0ett.l-
wmpaohlbty .4 it
on the line th'o Y t
mNenaN and shit rsga n
proHemd c.,bimme, to btm
any Partton of papeP
,.bill. or .c,pra ed
equip aachitectule 0
building toted" fact";
e.analm Road 10 maemtd
i found m The rase ne 1-0
,.tact eAd'-nett Omer
111.1.6 and requite
lempat,nn level' to,
,,Ming and dtly4s to he
IgPi it candle. W lean.
M , Ism glrmIt
♦e ai be "profit tot a
nedical dini[. low'diory.
naNh Ih'lvae GMar. omee
md..a ha9Net re,90 N a
Ipc.ry •lore lac,uty
kv," Mounted by the
oa0 /u ionei planned {) .t
Te'elopment plan i1Npuo
2rdi n W4, N o
'it, c 132004 Aderao .'
:Hy 2004 The 10-6 use
:AUq 104. Tee t0d i use
:Negonn Saralee in
INPUD Optrlcl include
,ealp : accem
m m5 .4 group Mang
Iff mel" Ul. -
aaaamby and
Pobhc
,ahuti led ad l an.ed
pte.tbntl and communn.
facilities; Uansportanon
b011ty; ag ith I loV and
lrwawr'. Yil}10 miLmYm
'i Ines. tenter. once
and:m boeoilat.
Application at MVG
Der2NMrlmt. LLC N'.Terse
Propeefy an � - a alpan all
torwhooft of , plo apua (atoning for
,be eoPltty located at
341 Orange Avenue (US
Noun 4601 braying OHkiai
Tac No 7100712 The
a "bo, N ' one the
p,0pe,fy
Commercial - Genera,
0Nir11l with wndllk es. to
CLS. Commem It
1.1e91 Site District rdtn a
cenditlon that lee at" am
be dnNoped an a AdfUl"el
conformity to a wolk'ed
development 9110. The
conditiorm proposed for
,epem. adopt." 01~ my
,madmen1 of onim oil No
Authorized (/ j /. Billing Services Representative
Signature: Y j
26626. regmred ins
Pe1101.ar to %hart m the
cast of signMUatiOn of Ina
IntenKtbn at Ming Street
N.E. and us Route 460.
"wict the number PI
entratx.A ah of S"gtree
the P ter' oane:m and
plant a tip
M
Dole, 0*6 along a *Astern
,mmo and the earlern
appadery of the site. tM
constructs is to Permit
construction stn of a new
grocery store
with a
seamn es nR(stior e TW.A.
Wes__ ror nftlad in
Co.
e nave pi•^
IM popMY lot
:Paco use. Out
pacify .1 th e
sad us! a PI Ina
is rate❑ sales
Application by Kafir C.
Bellamy, to rezone property.
located at 040 and 444'.
Elm avenue S.W., and 808
Official Tn. Man. MOW.
1020601. tdavne 1 y020The
rasp
application b W m20M the
yy roperty from RM 1.
Realdenpal Mired Donee,
Dl a I to CN.
District The 1804 Wod
Disstrict T rmitted in the
CM iEesntlal+l41enn'
c em mercm I. I ndustn a i l
a are m b IY ens
Antail etamen4 Public
iristduhV,u am Commoner
facilities: transportation.
utility agricultwal. and
m esMry, whh a demM/ of
one direaing unit par 1.800
square lest of lot area and
A maA In flOOf mea ratW The c plan 4.61 notesnhe
t
". , , for village cents•
u4e . buf daef not epecity
dojltMaIty The pp mWMamity
,eabeMlM end tpnmrrcial
PluPosed amendments to
Ch IV 36.2, Zoning ohhe
Cade offhe Qty of Roowhe
(1979 +, as amended by
m
aeMing anti rewdaiam
Section 36.2 -333
ffoodplain Ogday DWI.,
Ifll to addras$ comments
from the :edam]
I.,
documents, adding
additional Permitting and
feeordkeepin/ require
ments, prohibiting the
placement of mobile or
manufatiured Mmss b the
Ibann er. atbing pravbbn3
for reupetbns( ssy icles m
the floodway and csmdfying
now fioodpraafing
slandaid% as p11 to
n
modificatio O eclsting
structures in the fbodnaty
arM boodOtMn.
Rebecca Cockram.
Secretary, City Planning
Qtv Cawrcll oul hold pudic
Paintings an tiro aforesaid
applications on April 21.
2014. of 7:00p. m.. or a%
soon an the matters mry be
heard
Stephanie M. Moon. MMC,
My Qmk
13571334
IM
� \h
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166,215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925- 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial- General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5`" Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial- Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 2401 1 -1 536
(540) 853 -2541
March 21, 2014 11:50 a.m
STEPBANIE NI. MOON REYNOLDS, DIDIC
City Clerk
Barry C. Bellamy, Owner
2002 Country Club Road
Troutville, Virginia 24175
Dear Mr. Bellamy:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkC.roanokeva.gov
April 14, 2014
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. \NTBB, CMC
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
April 21, 2014, 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 your request to rezone property located at 440 and 444 Elm Avenue, S. W., and 808 5th
Street, S. W., from RM -1, Residential Mixed Density District, to CN, Commercial -
Neighborhood District.
The City Planning Commission at its meeting held on Tuesday, April 8, 2014, on a 4 -0 vote,
approved your request. If you would like a copy of the Planning Commission report, please
contact Rebecca Cockram, Secretary, City Planning Commission, at (540) 853 -1130.
Lastly, it will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
A_Lwko'-'� TY), )_
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Barry C. Bellamy
April 14, 2014
Page 2
Pc: Valerie Eagle & Wayne Cundiff, 445 Elm Avenue, S. W., Roanoke, Virginia 24016
Piedmont Property, LLC, 540 Ellett Road, Christiansburg, Virginia 24073
Marian Ali, 431 Elm Avenue, S. W., Roanoke, Virginia 24016
William Kent Martin, 436 Elm Avenue, S W., Roanoke, Virginia 24016
Oliver's Twist, LLC, 441 Mountain Avenue, S. W., Roanoke, Virginia 24016
Randall Mitchell, P.O. Box 8025, Roanoke, Virginia 24014
Eye -Bank of Virginia, 501 Elm Avenue, S. W., Roanoke, Virginia 24016
Mardoel Hernandez, 502 Elm Avenue, S. W., Roanoke, Virginia 24016
Erika Lynn Johnson and James Kristian Hodges, 4411 Fishersview Road, Pilot,
Virginia 24138
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
F --u- A—k(nlrnnnn keva.nnv
S'T'EPHANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby & Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELI A T. W EBB, CM C
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39916 - 042114 by repealing Ordinance No.
36925- 122004, adopted December 20, 2004, to the extent that it placed conditions on
portions of properties located at 2309 and 2331 Franklin Road, S. W., and amending
the Planned Unit Development Plan as it pertains to the aforementioned properties, as
set forth in the Zoning Amendment Amended Application No. 1 dated March 26, 2014.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014; and is in full force and effect upon its
passage.
S'nsrl
U � telshakl' M. Moon Reynolds, MMC
vv City Clerk
Enclosure
pc: VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011
Ramada Inn, Hemraj Trading Company, 1927 Franklin Road, S. W., Roanoke,
Virginia 24014
Wayne and Beverly Booth, 2326 Franklin Road, S. W., Roanoke, Virginia 24014
Chase Morgan Associates Corporation, P.O. Box 8103, Roanoke, Virginia
24014
Jeanette and Samuel Garst, 378 Calypso Road, Moneta, Virginia 24121
Maryellen F. Goodlatte, Esquire
April 14, 2014
Page 2
PC: Michael and Angela Paplomatas, 5065 Williamsburg Court, Roanoke, Virginia
24018
Gerald Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091
Howard Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014
Smith and Associates, LLC, 1010 Second Street, S. W., Roanoke, Virginia
24014
TBC Realty Associates, LLC, 2580 Broadway Avenue, S. W., Roanoke, Virginia
24014
Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153
Walgreen Co Store #7605, Cole WG, Roanoke, Virginia, LLC, P.O. Box 1159
Deerfield, Illinois 60015
2525 Franklin Road Associates, LLC, 2525 Franklin Road, S. W., Roanoke,
Virginia 24014 -1007
Norfolk Southern Railroad, Attn: Bill Tittle, 110 Franklin Road, S. E., Roanoke,
Virginia 24011
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Candace Martin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39916 - 042114.
AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, by repealing Ordinance No. 36925- 122004, adopted December 20, 2004, to the extent
that it placed conditions on portions of properties bearing Official Tax Map Nos. 1150106 and
1272504, and by amending the Planned Unit Development Plan as it pertains to the
aforementioned property; and dispensing with the second reading by title of this ordinance.
WHEREAS, Ivy View, LLC, has made application to the Council of the City of Roanoke,
Virginia ( "City Council'), to repeal Ordinance No. 36925- 122004, adopted December 20, 2004,
to the extent that it placed certain conditions on portions of properties located at 2309 and 2331
Franklin Road, S.W., bearing Official Tax Map Nos. 1150106 and 1272504, respectively, to
rezone such property from Institutional Planned Unit Development (INPUD), with conditions, to
Institutional Planned Unit Development JNPUD), without conditions, and to amend the Planned
Unit Development Plan, as it pertains to portions of the properties, to permit use of the properties
for a medical clinic, laboratory, health fitness center, office, and /or hospital instead of a grocery
store as previously permitted by the Institutional Planned Unit Development (INPUD),
Ordinance No. 36925- 122004, adopted on December 20, 2004;
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 April 21, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given
an opportunity to be heard, both for and against the proposal; and
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 actions sought and described
in this Ordinance and the Zoning Amendment Amended Application No. 1 dated March 26,
2014, and for those reasons, is of the opinion that the hereinafter described property should be
rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 36925- 122004, adopted on December 20, 2004, to the extent it
placed certain conditions on portions of properties located at 2309 and 2331 Franklin Road,
S.W., bearing Official Tax Map Nos. 1150106 and 1272504, respectively, is hereby
REPEALED, as set forth in the Zoning Amendment Amended Application No. 1 dated March
26, 2014, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official
Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to
reflect such action. Except to the extent repealed herein, Ordinance No. 36925 -12204 remains in
effect.
2. That the portions of properties located at 2309 and 2331 Franklin Road, S.W.,
bearing Official Tax Map Nos. 1150106 and 1272504, respectively, be rezoned from
Institutional Planned Unit Development (INPUD), with conditions, to Institutional Planned Unit
Development (INPUD), without conditions, as set forth in the Zoning Amendment Amended
Application No. l dated March 26, 2014, and that §36.2 -100, Code of the City of Roanoke
2
(1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, be amended to reflect such action.
3. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to
portions of properties located at 2309 and 2331 Franklin Road, S.W., bearing Official Tax Map
Nos. 1150106 and 1272504, as set forth in the Zoning Amended Amendment Application No. 1
dated March 26, 2014.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
3
STATEMENT OF CONFLICT OF INTEREST
I y I `3. '1 -F state that I have a personal interest in agenda
item 3• regarding -t-&x t'2ao�i+tc si submd �uT ,
i i f t_ %I VA Ncaec 4n nt 42 M-%A 0, 2309 Arid 2331 111d'n �00 ,
because
L- O* Ca ui li o o 4aaT+
`t1n\s
Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from
participation in this matter. I ask the City Clerk to accept this statement and ask
that it be made a part of the minutes of this meeting.
Witness the following signature made this 7-Vday of 64 PPL i 12014.
rrn+l T v
g..
I
•
CITY COUNCIL AGENDA REPORT
l
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Application by Ivy View, LLC to repeal all conditions proffered as
part of a previous rezoning and amend the Planned Unit
Development Plan as they pertain to a portion of the properties
located at 2309 and 2331 Franklin Road, S.W., containing
approximately 5.21 79 acres, bearing Official Tax Nos. 1150106
and 1272504 respectively.
Recommendation
The Planning Commission held a public hearing on Tuesday, April 8, 2014. By a
vote of 4 - 0 the Commission recommended approval of the rezoning request,
finding Amended Application No. 1 is consistent with the City's Comprehensive
Plan, Franklin Road /Colonial Avenue Plan, and Zoning Ordinance as a vacant
building will be redeveloped for an active use appropriate to the surrounding
area.
Application Information
Request:
Amendment of Planned Unit Development and
Repeal of Proffered Conditions
Owner:
Ellis Gutshall, Ivy View LLC
Applicant:
N/A
Authorized A ent:
Maryellen F. Goodlatte, Es q., Glenn Feldmann
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
2309 and 2331 Franklin Road, S.W.
Official Tax Nos.:
1150106 and 1272504
Site Area:
5.2 1 79 acres
Existing Zoning:
INPUD, Institutional Planned Unit Development
Proposed Zoning:
INPUD Institutional Planned Unit Development
Existing Land Use
Vacant Previously Grocery Store
Proposed Land Use:
Medical Clinic, Laboratory (dental, medical, or
optical), Laboratory (testing), Health and Fitness
Center, Office, General or Professional and /or
Hospital (Outpatient Facility Only)
Neighborhood Plan:
Franklin Road /Colonial Avenue Plan
Specified Future Land Use:
Shopping Center and Light Industrial
Filing Date:
Original Application: March 6, 2014
Amended Application No. 1: March 27, 2014
Background
In 2004, twelve properties and right -of -way at the intersection of Franklin Road
and Wonju Street were rezoned from C -2, General Commercial District, and LM,
Light Manufacturing District, to INPUD, Institutional Planned Unit Development,
permitting the development of a mixed use retail /office development as
depicted on a development plan. A grocery store and drug store with
associated site development were built. The grocery store closed in 2009 and
the building has been vacant since.
In February of 2014, the authorized agent met with staff to discuss the
possibility of amending the development plan for the portion of the property
containing the vacant grocery store, structured parking, and associated site
development. They proposed to use the existing building as an ambulatory
medical clinic with related support services.
In March of 2014, the applicant filed an application to amend the planned unit
development plan and repeal conditions for portions of the properties at 2309
and 2331 Franklin road, S.W., Official Tax Numbers 1150106 and 1272504.
The conditions proposed for repeal that are applicable have been incorporated
as development standards into the development plan.
In March of 2014, the owner filed an amended application to address comments
from staff regarding development standards and parcels named in the
development standards.
Planned Unit Development Plan
The applicant and owner, Ivy View, LLC, hereby requests that all of the
proffered conditions enacted by Ordinance No. 36925-122004 (the "Ordinance ")
be repealed as they pertain to the 5.2179 acre parcel which is the subject of
this application (being portions of Official Tax Nos. 1 150106 and 1272504).
Those proffered conditions are as follows:
A. Proffered conditions set forth in the Fourth Amended Petition and
incorporated in the Ordinance
1. The one billboard located on the property shall be removed prior to
final approval of a comprehensive site plan affecting the property
on which the billboard is located.
2. The design of all buildings constructed on the property shall be
architecturally integrated and compatible through the use of
common materials and style.
3. Should the parcels which comprise the property be combined or
subdivided, the proffered conditions shall bind each subdivided or
re- combined parcels, as applicable.
2
4. Building facades facing Franklin Road shall be designed to
resemble the architecture of, and incorporate elements found in,
the rest of the project. Architectural interest will carry through to
prevent the appearance of a blank wall. Facades shall also be
articulated with one or more of the following elements: window
display boxes visible to vehicles and pedestrians along Franklin
Road, awnings and canopies, blade signs (i.e. signage
perpendicular to the building facade to which it is attached) for
tenant identification so long as such blade signage is 10 square feet
or less, architectural lighting, landscaping, etc.
5. Average foot candle illumination levels for parking areas and drives
shall not exceed 8 foot candles as measured and determined by the
Zoning Administrator.
The conditions proposed for repeal that are still applicable have been
incorporated as development standards into the new development plan. The
development plan included in Amended Application Number 1 is binding on the
development of the site. All development must be in substantial conformance
with the development plan and other pertinent elements of the zoning
ordinance.
Considerations
The property is located at a commercial crossroads along Franklin Road. It is
currently zoned INPUD and an amendment to the planned unit development plan
has been requested. The proposed redevelopment of the property does not
change the current development of the site, only the uses within the site itself.
Surrounding Zoning and Land Use:
3
Zoninq District
Land Use
North
Railroad and
Railroad,
1 -1, Light Industrial District
Vacant and Warehouse
South
CG, Commercial-
Commercial Printing Establishment,
Neighborhood District
Motor Vehicle Repair or Service
Establishment, Contractor or
Tradesman's Shop, General or Special
Trade and Vacant
East
INPUD, Institutional Planned
Vacant
Unit Development
West
INPUD, Institutional Planned
Retail Sales, Vacant, and Recycling
Unit Development, CG,
Center
Commercial - General District,
and 1 -2, Heavy Industrial
3
Compliance with the Zoning Ordinance:
The existing building and site development is conforming to the development
plan in the INPUD district.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Plan recognize
the need for the redevelopment of sites at key intersections and village centers
to serve the needs of citizens and visitors. The parcel is located in an area
denoted as an existing or potential village center. The amendment of the
planned unit development plan will allow for redevelopment of an underutilized
center along Franklin Road while retaining the current commercial building and
site development. Relevant policies and action items in the plan include:
Housing and Neighborhoods - 3.1 .1 Housing and Neighborhoods Map
The map depicts the area of Broadway and Franklin as an existing
and potential village center.
NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a
neighborhood setting. Neighborhood- oriented commercial activity
will be encouraged in well- defined village centers.
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
PE P9 Roanoke will support a range of health and human services to meet
the needs of Roanoke's citizens.
The redevelopment of the property fulfills the City vision for redevelopment of
existing commercial sites with uses and forms that are appropriate to the
surrounding neighborhoods. The existing building and site development will
remain and the standards that govern future development of the site remain.
The Franklin Road /Colonial Avenue Plan recognizes the need for the
redevelopment of commercial sites along the Franklin Road Corridor. The site
is located at one of the major intersections of Franklin Road. Relevant policies
and action items in the plan include:
Community Design:
Neighborhood Character: Established neighborhoods should retain their
current character and development patterns.
In
Economic Development:
Commercial Corridors: Commercial areas should accommodate competitive
businesses that have aesthetic and functional compatibility with adjoining
residential areas.
Franklin Road: Maintain commercial zoning that will retain existing
businesses and attract new establishments.
Quality of Life:
Commercial /Industrial Development: Commercial and industrial
development should be economically viable without threatening the
environment and high quality of life of the area.
The principal consideration is whether the proposed amendment to the planned
unit development plan is consistent with Vision 2001 -2020 and the Franklin
Road /Colonial Avenue Plan. The proposed development retains the existing
building and site development while increasing the types of uses allowed. This
new use should bring energy to this existing vacant center and attract new
establishment to the remaining commercial development. Staff finds that the
plan, as proposed, is consistent with these plans as it reuses a commercial site in
a manner appropriate to the surrounding area.
City Department Comments:
Comments on the original application provided by City staff to the applicant
include the following:
• Clarification of development standards from proffered conditions.
Public Comment Summary
None.
Planning Commission Work Session (March 21, 2014):
None.
Applicant Response to Staff Public and Planning Commission Comments
Clarified development standards in the application from proffered conditions.
P
Planning Commission Public Hearing:
The following comments and questions were posed by the Planning
Commission at their April 8, 2014 public hearing.
• Mr. Scholz asked if there were any plan changes for exterior lighting
since 2004. Ms. Goodlatte and staff responded that all applicable
conditions for exterior lighting from the original proffered conditions are
still applicable under the development standards on the proposed
development plan.
The following comments and questions were posed by the public at the
Planning Commission's April 8, 2014 public hearing.
None.
IWIXI-Aa
ar c.Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian Shaw, Planning Commission Agent
Ellis Gutshall, Ivy View, LLC
Maryellen F. Goodlatte, Esq., Glenn Feldmann
Department of Planning, Building and Development
Room 166, Noel C. Taylor Munidpal Building
215 Church Avenue, S.W.
Roanoke, Virgin'a 24011
Phone: (540) 853 -1730 Fax: (540) 853.1230
MAR 2 12014
CITY OF ROANOKE I Click Here to Print
PLANNING BUILDING AND DEVELOPMENT
Date: March 26, 2014 Submittal Number. lAmended Application No.1
❑ Rezoning, Not Otherwise Listed
❑ Rezoning. Conditional
❑ Rezoning to Planned Un t Development
❑ Establishment of Comprehensive Sign Overlay District
❑
x Amendment of Proffered Conditions
❑x Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Oveday District
Address: 12309 and 2331 Franklin Road, S.W., Roanoke, VA 24014
Official Tax No(s).: Part of 1150106 and part of 1272504 f
Existing Base Zoning: W,th Conditions
INPUD, Institutional Planned Unit Development
(If multiple zones, please manually enter all districts.) I Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): 36925 - 122004
❑ With Conditions Proposed
Requested Zoning: INPUD, Institutional Planned L ❑ Wthout Conditlons Land Use: SEE ATTACHED
NOW
Name: Ivy View, LI-C, Attention: Mr. Ellis Gutshall, Manager Phone Number: +1 (540) 769 -8500
E -Mail: IEGutshall@myvalleybankcom
Name: Phone Number:
Address:
E -Mall:
Applicants Signature:
Name: Maryellen F. Goodlatte, Esq. Phone Number: +1(50)224-8018
Address: Glenn, Feldmann, et al, P.O. Box 2887, Roanoke, VA 24001 -2887 E -Mail: mgoodlatt epglennfeldmann.com
Signature:
Proposed Land Use:
Medical clinic, laboratory (dental, medical or optical), laboratory (testing), health and fitness
center, office, and hospital (outpatient facility only, and particularly excluding medical transport
related heliports, base for ambulance service, and housing, whether for employees, patients or
patient families).
r Completedapplication form and checklist.
ix Written narrative explaining the reason for the request.
r Metes and bounds description, if applicable.
r Filing fee.
r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
f Written proffers. See the Citys Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
F— 'development plan 'd proffered.
Ar OWNSINY
,ffiiA"ffX�WbfAltWdj
F Development plan meeting the requirements of Section 362 -326 of the City's Zoning Ordinance.
F Comprehensive signage plan meeting the requirements of Section 36.2- 336(dX2) of the Citys Zoning Ordinance.
Amended development or concept plan meeting the Application Requirements of item'2(c)' to Zoning Amendment Procedures,
rx if applicable.
r Written proffers to be amended. See the Citys Guide to Proffered Conditions.
r Copy of previously adopted Ordinance.
rx Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
w,atcotn ;_anaq_, Yt. n n�„�ii"�o�gimUskahwbe;s bmtl�i?
• Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance.
f • Copy of previously adopted Ordinance.
Y: _ SO 'to C ,the bwtng mudt afeo Ubmftled '
r— A Traffic Impact Study In compliance with Appendix &2(e) of the City's Zoning Ordinance.
C ct
�p� WDOT— die Ilovrhg inu l a so e a m ttedi
Fare a
r Cover sheet.
F Traffic impact analysis.
r Concept plan.
r Proffered conditions,d applicable.
i— Required fee,
'An electronic copy of this application and checklist can be found at www.manokeva.gov /pbd by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submired each time an application is amended, unless otherwise specified by
staff.
GLENN
FELDMANN
GLENN EELDMANN DARBYsGOODLATTE
March 26, 2014
HAND DELIVERED
Ms. Katherine Gray
Roanoke City Planning Department
215 Church Avenue, S.W.
Noel C.'faylor Municipal Building - Room 166
Roanoke, Virginia 24011
Re: 2309 and 2331 Franklin Road, S.W., Roanoke, VA
Part of Tax Map Nos. 1150106 and 1272504
Dear Katherine:
MARYELLEN 1'. GOODLATrE
Direst Dial (540) 224 -8018
E -Nmil wgmdkm aglcnnl'cldm:mn -cnm
In response to staff comments on the pending zoning amendment application, we enclose the
following for filing:
An original Zoning Amendment Application- Amended Application No. 1
and Application Checklist;
2. Existing Conditions on Property;
3. Applicant's written narrative:
4. Metes and bounds description of the 5.2179 acre parcel which is the
subject of this application, with attached plat;
5. Amended INPUD Development Plan dated March 25, 2014, with
amended proffers contained thereon;
6. Copy of Roanokc City Ordinance No. 36925 - 122004 dated December 20,
2004, adopting the existing proffers and INPUD development plan on the
property of which the 5.2179 acre parcel was a part; and
7 Copy of Article VI of the Operating Agreement of Ivy View, LLC, the
applicant, naming Ellis L. Gutshall as Manager with the authority to
execute the enclosed Zoning Amendment Application on behalf of Ivy
View, LLC.
37 Campbell Avenue S.W. I P.O. Box 2887 (24001) I Roanoke, Virgima 24011 1 MAIN W 224 8000 I Fae 540 224 8050 www.g:ennfeldmann . mm
iIr
MERITAS'
u.ti..N...
Ms. Katharine Gray
March 26, 2014
Page 2
Ivy View, LLC is the title owner of the subject property as well as the applicant. Valley
Bank is the sole mcmher of ivy View, LLC.
If you have any questions or need further information, please do not hesitate to call me.
Very truly yours,
Maryellen F. Goodlatte
MFG:Inn74663008
liaclosures
c: Ivy View, LLC (w encs.)
Carilion Clinic (wiencs.)
NARRATIVE
In December 2004, twelve (12) tracts of land and right -of -way at the intersection of Wonju Street
and Franklin Road were rezoned from C -2, General Commercial District and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to
certain conditions proffered by the applicant. The 5.2179 acre parcel which is the subject of this
zoning amendment application (see attached metes and bounds description) (the "Parcel ") was
part of the acreage included within the scope of the December 20, 2004 rezoning ordinance. The
INPUD development plan adopted in the December, 2004 rezoning depicted a new building to
be constructed on the Parcel and identified it as " Ukrops." The " Ukrops" building and associated
parking areas on the Parcel were constructed in substantial conformity with the INPUD
development plan.
Ukrops, a grocery /retailer, operated on the Parcel for a few years before closing in September
2009. Since 2009, the building on the Parcel has been vacant. The former owner, its lender, and
now Ivy View, LLC, has attempted, without success, to attract a new retail user for the former
Ukrops building. Among the grocers solicited were Kroger, Aldi, Costco Wholesale, Food Lion,
Harris Teeter, Whole Foods, Martin's, Earth Fare, Publix, Wegmans, Walmart Neighborhood
Market, and Lowes.
Unable to develop grocer or retail interest in the Parcel, and with a vacant building hampering
development of the balance of the site, Ivy View and its team turned to non - retail users and
identified Carilion Clinic as the best user of the Parcel.
Carilion Clinic is one of the largest employers and health care providers in our region. Carilion
Clinic's need for access to its physician services has grown to the point that additional clinic
space is needed. Except to improve accessibility and to add more transparency via windows and
doors, no exterior modifications to the building on the Parcel are needed. Carilion Clinic intends
to renovate the main floor and mezzanine interior spaces of the building for an ambulatory
specialty clinic (neuro- musculoskeletal) with related support services. Following the Carilion
Clinic model, these outpatient services would complement each other. Co- locating them in a
single building will provide opportunities for collaboration among caregivers and convenience
for patients. Because the location is convenient and offers easy level access for patients who
have difficulty walking or require assistance, the location is an excellent choice for Carilion's
ambulatory specialty clinic. Related uses [laboratory (dental, medical or optical), laboratory
(testing), health and fitness center, office, and hospital (outpatient facility only, and particularly
excluding medical transport related heliports, base for ambulance service, and housing, whether
for employees, patients or patient families)] are also proposed, consistent with the
comprehensive wellness model championed by Carilion Clinic. The hospital use designation is
requested since regulators may require that some of the equipment or services provided by
Carilion Clinic be provided by a facility with a "hospital" designation.
Because the December, 2004 rezoning restricted the Parcel to retail use only, Ivy View requests
that the zoning conditions attached to the Parcel be repealed in their entirety and replaced by the
conditions listed on the INPUD Development Plan for the Parcel dated March 5, 2014 which is
included with this application (the "INPUD Plan"). Except with respect to the permitted uses on
the Parcel, the proposed conditions set out on the INPUD Plan are consistent with those imposed
in 2004.
No adverse impacts to the surrounding area are anticipated. Quite to the contrary, the proposed
uses of the Parcel will promote and maximize the commercial development of the balance of the
site, as encouraged by the City's Comprehensive Plan, including the Franklin Road/Colonial
Avenue neighborhood plan. The technology- intensive proposed uses of the Parcel itself, while
not retail, are among the industries targeted by the City in its Comprehensive Plan to ensure a
sustainable, diverse economic base.
In analyzing the impacts of a change in use from retail, the applicant's engineers consulted with
the City's traffic engineers and concluded that there would be no adverse traffic impact on the
area as a result-of-the change in use. Comparing the trips generated by a supermarket use of the
Parcel, the analysis shows that every one of the proposed uses generates fewer vehicle trips than
the current permitted use. A summary of that analysis is attached. The applicant understands
that the City's traffic engineers will require that the existing traffic signal (which had been
installed in connection with Ukrop's use of the Parcel) remain unactivated until such time as the
level of traffic justifies the activation of that signal.
In summary, amending the zoning conditions attached to the fully - developed Parcel will allow it
to rejoin the City's commercial community. That usage will promote the development of Ivy
View's adjoining commercial property, all as encouraged by the Comprehensive Plan.
EXISTING CONDITIONS
The applicant and owner, Ivy View, LLC, hereby requests that all of the conditions enacted by
Ordinance No. 36925- 122004 (the "Ordinance ") be repealed as they pertain to the 5.2179 acre
parcel which is the subject of this application (being portions of Official Tax Nos. 1150106 and
1272504). Those conditions are as follows:
A. Proffered conditions set forth in the Fourth Amended Petition and incorporated in
the Ordinance
The one billboard located on the property shall be removed prior to final approval
of a comprehensive site plan affecting the property on which the billboard is
located.
2. The design of all buildings constructed on the property shall be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or re- combined parcels, as
applicable.
4. Building facades facing Franklin Road shall be designed to resemble the
architecture of, and incorporate elements found in, the rest of the project.
Architectural interest will carry through to prevent the appearance of a blank wall.
Facades shall also be articulated with one or more of the following elements:
window display boxes visible to vehicles and pedestrians along Franklin Road,
awnings and canopies, blade signs (i.e. signage perpendicular to the building
fapade to which it is attached) for tenant identification so long as such blade
signage is 10 square feet or less, architectural lighting, landscaping, etc..
5. Average foot candle illumination levels for parking areas and drives shall not
exceed 8 foot candles as measured and determined by the Zoning Administrator.
B. Conditions set forth on the INPUD Development Plan dated December 20, 2004
VEHICULAR ENTRANCES:
3 NEW ENTRANCES WILL BE ADDED ALONG FRANKLIN ROAD, S.W. ALONG
WITH A NEW ENTRANCE OFF OF WONJU STREET, S.W. ALIGNING WITH
BROADWAY AVE., S.W. IT WILL HAVE A DIVIDER MEDIAN THAT PERMITS
"RIGHT TURN IN AND LEFT TURN IN" OFF OF WONJU STREET, S.W. AND
"RIGHT TURN OUT" ONLY MOVEMENT.
ARCHITECTURAL COMPATIBILITY:
PROPERTIES SURROUNDING THE PROPOSED IVY MARKET INCLUDE THE
NORFOLK SOUTHERN RIGHT -OF -WAY, A LARGE RECYCLING FACILITY,
AND OLDER COMMERCIAL PROPERTIES WITH VARIOUS DESIGNS THAT
CAN ONLY BE CLASSIFIED AS UTILITARIAN. CONSEQUENTLY, IVY
MARKET WILL SET A HIGHER STANDARD FOR COMMERCIAL
DEVELOPMENT THAN CURRENTLY EXISTS IN ITS SURROUNDING
NEIGHBORHOOD. THE DESIGN OF ALL BUILDINGS CONSTRUCTED ON THE
PROPERTY SHALL BE ARCHITECTURALLY INTEGRATED AND COMPATIBLE
THROUGH THE USE OF COMMON MATERIALS AND STYLES. BUILDINGS
WILL NOT EXCEED FIFTY (50) FEET IN HEIGHT.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) NO MORE THAN SIX (6) GROUND SIGNS SHALL BE PERMITTED
ON THE SUBJECT PROPERTIES. GROUND SIGNS SHALL NOT BE
DEEMED TO INCLUDE (A) DIRECTIONAL SIGNAGE OR (B) ANY
DEVELOPMENT IDENTIFICATION GROUND SIGNS (FOR
EXAMPLE "IVY MARKET ") WHICH ARE INCORPORATED
WITHIN A LANDSCAPED RETAINING WALL OR OTHER
LANDSCAPED ELEMENT. GROUND SIGNS SHALL BE LIMITED
TO A TOTAL OF ONE HUNDRED FIFTY (150) SQUARE FEET OF
SIGN SURFACE AREA ON EACH SIDE AND SHALL NOT EXCEED
TWENTY (20) FEET IN HEIGHT.
(2) EXCEPT FOR THE GROUND SIGN ASSOCIATED WITH THE USE
AT THE CORNER OF FRANKLIN ROAD AND WONJU STREET
(LOCATED ON TAX MAP PARCEL NUMBER 1272507 AND A
PORTION OF 1272505) (THE "CORNER USE "), GROUND SIGNS
SHALL BE LOCATED AT VEHICULAR ENTRANCES INTO THE
DEVELOPMENT.
(3) ONE (1) ELECTRONIC READER BOARD SHALL BE PERMITTED
FOR THE CORNER USE. THE ELECTRONIC READER BOARD
SHALL NOT EXCEED FORTY (40) PERCENT OF THE OVERALL
SIGN AREA OF THE SIGN OF WHICH IT IS A PART.
B. BUILDING SIGNS
(1) BUILDING MOUNTED SIGNS SHALL BE LIMITED TO ONE (1)
SQUARE FOOT OF SIGNAGE AREA FOR EACH LINEAR FOOT OF
THE BUILDING FACADE OR STOREFRONT TO WHICH IT IS
ATTACHED, EXCEPT THAT EACH STOREFRONT SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET.
(2) BUILDING MOUNTED SIGNS SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT N B(I) ABOVE.
PARKING LOT LIGHTING DESIGN:
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINARIES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD CUTOFF TYPE
LUMINARIES. IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMINAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
"UKROP'S" DESIGNATION ON BUILDING
INPUD DEVELOPMENT PLAN STANDARDS
The applicant and owner, Ivy View, LLC, hereby requests that the development standards set
forth on the INPUD Development Plan dated March 25, 2014 be imposed on the 5.2179 acre
parcel:
VEHICULAR ENTRANCES:
TWO (2) EXISTING ENTRANCES WILL SERVE THE SITE; THE EXISTING
ENTRANCE ALONG FRANKLIN ROAD, S.W. AND ALONG WONJU STREET, S.
W. WHICH ALIGNS WITH BROADWAY AVE., S.W. AND HAS A DIVIDER
MEDIAN THAT PERMITS "RIGHT TURN IN AND LEFT TURN IN" OFF OF
WONJU STREET, S.W. AND "RIGHT TURN OUT" ONLY MOVEMENT.
ARCHITECTURAL COMPATIBILITY:
THE DESIGN OF THE EXISTING BUILDING WILL NOT BE MATERIALLY
ALTERED, EXCEPT THAT WINDOWS AND DOORS MAY BE ADDED FOR
ACCESSIBILITY AND TRANSPARENCY PURPOSES. THE BUILDING WILL
NOT EXCEED FIFTY (50) FEET IN HEIGHT. THE DESIGN OF ANY
REPLACEMENT BUILDING ON THE PROPERTY SHALL BE
ARCHITECTURALLY INTEGRATED AND COMPATIBLE THROUGH THE USE
OF COMMON MATERIALS AND STYLES WITH THE BUILDINGS ON TAX MAP
PARCEL 1272505 AND THE BALANCE OF THE IVY MARKET PARCELS (TAX
MAP PARCELS 1150106, 1150109, 1150108, 1150102, 1150104, 1150112 AND
1150113) (COLLECTIVELY, THE "CENTER DEVELOPMENT "). REPLACEMENT
BUILDING FACADES FACING FRANKLIN ROAD SHALL BE DESIGNED TO
RESEMBLE THE ARCHITECTURE OF AND INCORPORATE ELEMENTS FOUND
IN THE REST OF THE CENTER DEVELOPMENT, ARCHITECTURAL INTEREST
WILL CARRY THROUGH TO PREVENT THE APPEARANCE OF A BLANK
WALL.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE
REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE,
TABLE 668 -1, FOR THE "CO' ZONING DISTRICT. GROUND SIGNS
SHALL NOT BE DEEMED TO INCLUDE DIRECTIONAL SIGNAGE.
GROUND SIGNS SHALL BE LIMITED TO A TOTAL OF ONE
HUNDRED FIFTY (150) SQUARE FEET OF SIGN SURFACE AREA
ON EACH SIDE AND SHALL. NOT EXCEED TWENTY (20) FEET IN
HEIGHT.
(2) NO MORE THAN TWO (2) GROUND SIGNS SHALL BE LOCATED
ON THE 5.2179 ACRE PARCEL. IF INSTALLED, SUCH GROUND
SIGNS SHALL BE LOCATED AT VEHICULAR ENTRANCES AND
MAY SERVE AS IDENTIFICATION SIGNS FOR THE CENTER
DEVELOPMENT.
B. BUILDING SIGNS
(1) BUILDING MOUNTED SIGNS SHALL BE LIMITED TO ONE (1)
SQUARE FOOT OF SIGNAGE AREA FOR EACH LINEAR FOOT OF
THE BUILDING FACADE OR STOREFRONT TO WHICH IT IS
ATTACHED, EXCEPT THAT EACH STOREFRONT SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET.
(2) BUILDING MOUNTED SIGNS. SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT IN B(1) ABOVE.
PARKING LOT LIGHTING DESIGN:
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINARIES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD CUTOFF TYPE
LUMINARIES. IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMINAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
USES:
THE 5.2179 ACRE PARCEL SHALL BE USED ONLY FOR THE FOLLOWING
LAND USES: MEDICAL CLINIC, LABORATORY (DENTAL, MEDICAL OR
OPTICAL), LABORATORY (TESTING), HEALTH FITNESS CENTER, OFFICE,
GENERAL OR PROFESSIONAL, AND /OR HOSPITAL (OUTPATIENT FACILITY
ONLY, AND PARTICULARLY EXCLUDING MEDICAL TRANSPORT RELATED
HELIPORTS, BASE FOR AMBULANCE SERVICE, AND HOUSING, WHETHER
FOR EMPLOYEES, PATIENTS OR PATIENT FAMILIES).
\
!�
!
■!
■!
■�
■!
»!!!
!
t!
|
}!
!
!
■
|f|
|��f|!
ƒ
|`
|
|
|
||||
|||
|
||
`
|
\k
!!!)kkkkk]f��
{
'
e§
||
ee2e||
g
g,
@5
!m5§§B§5!l5M5
!
k
!
t
I
;
@
@
\
�\
!$
|
a
!
!
!
5
«&
2
k
!
!
!
`
$
!
;
e
}
)
fk)!
§
k
)
\
{$$k
k
`
,!f
}
f7•
f
METES AND BOUNDS DESCRIPTION
The following is a Legal Description of Lot AAA (5.2179 acres), designated as Roanoke City
Tax Parcel #1272504, situated at the north corner Wonju Street, SW and Franklin Road, SW,
more particularly shown on a plat prepared by Lumsden Associates, PC, dated February 12,
2014, entitled; "Plat showing the combination & Re- Subdivision of Lot A -I (5.3674 Acres),
M.B. 1, Pg. 2956 and Parcel C (2.1050 Acres), M.B. 1, Pg. 1430, Property of Ivy View, LLC,
Instrument #110009569, creating hereon, Lot A -IA (5.2179 Acres) & Parcel C -1 (2.2545
Acres), situated at #2331 & 42309 Franklin Road, SW, City of Roanoke, Virginia," a copy of
which is marked "Metes & Bounds Exhibit" and attached hereto, and described as follows;
Commencing at an existing Magnetic Nail at Comer #1, lying the northerly right -of way of
Franklin Road, SW, 242.30' feet northeast of the intersection of Franklin Road, SW and the
easterly right -of -way of Wonju Street, SW, being the common corner of the property of Cole
WG Roanoke VA, LLC, as recorded in the aforesaid Clerk's Office, in Instrument
#110003833 and being the POINT OF BEGINNING of the herein described Lot A -IA;
Thence leaving the said northerly right -of -way of Franklin Road, SW and with the common line
of the said property of Cole WG Roanoke VA, LLC, the following two (2) courses; N 43108'49"
W, a distance of 221.33' feet to an existing Magnetic Nail at Corner 02; thence S 46 °51' 11" W, a
distance of 218.30' feet to an existing Magnetic Nail at Corner #3, said comer lying on the
aforesaid easterly right-of-way of Wonju Street SW; thence leaving the said property of Cole
WG Roanoke VA, LLC and with the said easterly right -of -way of Wonju Street, SW, N 00 '58'
46" W, a distance of 423.26' feet to a set Iron Pin at Comer #4, being a common corner with the
property of Norfolk Southern Railway as recorded in the aforesaid Clerks Office in N & W Plan
VIO -VA, 2C; thence leaving the said easterly right -of -way of Wonju Street, SW and with the
common line of the said property of Norfolk Southern Railway, the following two (2) courses; N
65 "37' 00" E, a distance of 180.89' feet to a set Iron Pin at Corner #5; thence N 65 °34' S4" E, a
distance of 137.67 feet to an existing Iron Pin at Comer #5A, being the intersection of the said
common line and the easterly face of an existing building ( #2331 Franklin Road, SW) extended
and the common comer of the property of Ivy View, LLC, Parcel C -1, as shown on the Metes &
Bounds Exhibit; the being and the line established by the said easterly face of the existing build
( 42331 Franklin Road, SW), the following five (5) courses, S 43" 48' 50" E, passing the
northeast corner of the existing building at a distance of 25.89', in all a total distance of 138.07
feet to a point (not set), at Comer #513; thence N 46° 11' 10" E, a distance of 0.40' feet to a point
(not set) at Corner #5C; thence S 43 '48' 50" E, a distance of 27.00' feet to a point (not set) at
Comer #513; thence N 460 11' 10" E, a distance of 15.00' feet to a point (not set) at Comer #5E;
thence S 43" 48' 50" E, a distance of 25.40' feet to a point (not set) at Comer #517, being the
common comer of the said property of Ivy View, LLC, Parcel C -1, the said easterly face of the
existing building ( #2331 Franklin Road, SW) and the face of an existing parking garage; thence
leaving the face of the existing building ( #2331 Franklin Road, SW) and with the said property
of Ivy View, LLC, Parcel C -1 and the said face of the existing parking garage the following
eleven (11) courses; thence N 46° 11'52" E, a distance of 58.04' feet to a point (not set) at Comer
#5G; thence N 85° 08' 56" E, a distance of 32.79' feet to a point (not set) at Comer #51-1; thence
N 06 026' 19" W, a distance of 1.03' feet to a point (not set) at Comer #5J; thence N 85'03'38"
E, a distance of 24.11' feet to a point (not set) at Corner #5K; thence S 04 °07 31" E, a distance
of 0.64' feet to a point (not set) at Corner #5L; thence S 43 "41' 11" E, a distance of 68.03' feet
to a point (not set) at Corner #5M; thence S 46° 19' 05" W, a distance of 26.51' feet to a point
(not set) at Comer #5N; thence S 10 °27' 49" E, a distance of 31.67' feet to a point (not set) at
Comer #5P; thence S 43 146' 12" E, a distance of 79.52' feet to a point (not set) at Corner #5Q;
thence S 46 "33' 42" W, a distance of 0.78' feet to a point (not set) at Comer #511; thence S 44"
01' 58" E, a distance of 15.74' feet to a point (not set) at Comer #5S; thence leaving the said
face of the parking garage and continuing with the common line of the said property of Ivy
View, LLC, Parcel C -1, S 75 °47 45" E, a distance of 14.67 feet to a set iron pin at Corner #5T,
said corner lying on the aforesaid northerly right -of -way of Franklin Road, SW; thence leaving
the said property of Ivy View, LLC, Parcel C -1 and with the common line of the said northerly
right -of-way of Franklin Road, SW, S 46'08'24" W, a distance of 453.32' feet to the POINT
OF BEGINNING, an existing Magnetic Nail, at Comer #1, containing a total of 5.2179 acres.
J.My. \]OU \UO). \w \UOI.rpOb.p
vo+•nae.n.n xpu
��������Oeiep■ta�gf�� h�dRe ��` I� :. e�'3_ay'��as�xsxt
c ; §�4f�A�i■ 1 ®li5 ;#�Q ®e 1 aa =aeP;,ve� s =m
gq�
t " �€ p+
� °,
x� a ag "gx9,t�t : �:' � Ti�c €�" �\ � �• �•a.
Ii� �� � �'����1� c %� t� .....yam / . `�i•. , y �t
: E
eec
n � "
�G
� i
c�i
Aft
yy
1 :gig i i
LA y
E 7�jip
1.
;; / „' t
o 73i`vJ ;
C
�sb
wi'' i iFa` "=b. ^, l /!d;.; m
k�� v� - ip r-`• -. 4 �
8 .�` q, a t I•` 6 a xis
y `y44' ; ' a iE'By'ekt p p (A
i E^E 6e H
W
3 �mry, Fi°"°s']'P014 LUMDEN ASSOCIATES P.C. Iasi ezwe]cro"nvwus, sw n+onx: aim n. -]i]]
W4 ENGINEERS - SURVEYORS- PLANNERS vo. pox msr FM;: Mews
ROANOKE, VIRGINIA o-
N
m
v
3F z°
a BB5
41���y r
w
i�� III
4�F—p R6
all
ag_Ia F 9BR
da gill
o r
56163:1 €B6 Ila 63. .A €s
//, 1, •a °��
®® a 94¢
d�aa aSS aa� q 6a
3e ?k6 Jill,
h 9 on 9
a � ®$ 6 r
�� � ;�_1 /� % /�✓I f � e %' A� �• �ga� � €a �pS Sgn�a
n 6R
86 €R 6
N �7y
,p� €�
a
�' e11O1+m" LUMSDEN ASSOCIATES, P.C.
v �v °iSO1e `"` �'•m ENGINEERS - SURVEYORS -PLANNERS vq.ear mass r,u. �sw, m.ws
ROANOKE. VIRGINIA xOwpR. NRCNN ,a,e ,+wf:ua��ussp,„q.�,
IN THE COUNCIL OF THE CITY OF ROANOKE, V1RGI14JA,
The 20th day of December, 2004.
No. 36925- 122004.
AN ORDINANCE to amend §36.1 -3, Code of the City ofRoanoke (1979), as amended, and
Sheet Nos. 115 and 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property
within the City, subject to certain conditions proffered by the applicant; and dispensing with the
second reading by title of this ordinance.
WHEREAS, on December 5, 2002, Bland A. Painter, 111, Betty J. Painter, and FR -1
Investments, LLC filed an application to the Council of the City of Roanoke to rezone 7.92 acres,
more or less, identified as Official Tax Nos. 1272504,1272505,1150103, and aportion of 1150106,
from LM, Light Manufacturing District, to C -2, General Commercial District, with proffers, which
property was rezoned by the adoption of Ordinance No. 36184-121602, adopted December 16,2002;
WHEREAS, on July28, 2004, The BranchFamily, LLC filed an application to the Council of
the City of Roanoke to rezone certain property located at 2203 Franklin Road, S.W., identified as
Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax
Nos. 1150102 and 1150112, from LM, Light Manufacturing District, to C -2, General Commercial
District, with proffers, which property was rezoned by the adoption of OrdinanceNo. 36862 - 092004;.
and
WHEREAS, Bland A. Painter, III, Betty J. Painter, and FR -1 Investments, LLC have made
application to the Council of the City of Roanoke to have twelve (12) tracts of land and rights -of-
ways lying and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., consisting of 10.706 acres, more or less, identified as Official Tax Map Nos.
1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and
1150109, a.31 acre portion ofright -of -way owned byNorfolk Southern Corporation, and a .30 acro
portion of rigbt -of -way owned by the Commonwealth of Virginia, rezoned from C -2, General
Commercial District, C -2, General Commercial District, with conditions, and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to
certain conditions proffered by the applicant.
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;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
December 20, 2004, after due and timely notice thereof as required by §36.1 -693, Code ofthe 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 ofRoanoke (1979), as amended, and Sheet Nos. 115
and 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular
manner and no other:
Those certain twelve (12) tracts of land and rights -of way lying and being in the City of
Roanoke, Virginia, at the intersection of Wonju Street and Franklin Road, S.W., consisting of 10.706
acres, more or less, a.31 acre portion ofright- of- wayownedbyNorfolk Southern Corporation, and a
.30 acre portion ofright -of -way owned by the Commonwealth of Virginia and designated on Sheet
Nos. 115 and 127 of the Sectional 1976 Zone Map, City ofRoanoke, as Official Tax Nos. 1272507,
1150108, 1272504, 1272505, 1150103, 1150102,1150104, 1150112, 1150106, and 1150109, be,
and are hereby rezoned from C -2, General CommercialDistrict, C -2, General Commercial District,
with conditions, and L t Light Manufacturing District, to INPUD, Institutional Planned Unit
Development District, subject to the proffers contained in the Fourth Amended Petition filed in the
Office of the City Clerk on November 23, 2004, and that Sheet Nos.115 and 127 of the 1976 Zone
Map be changed in this respect.
2. PursuanttotheprovisionsofSection12of theCityCharter ,thesecondreadingofthis'
ordinance by title is hereby dispensed with,
ATTEST•
4w-V ; —
City Clerk
o -Rc Uaop.inwa
iM.i -R
:I • • - :� alrll • - • :. • Niju It n
Rezoning approximately 10.706 acres consisting of twelve (12) tracts of land lying and
being in the City of Roanoke, Virginia, at the intersection of Wonju Street and
Franklin Road, S.W., and briefly described as:
Tax Map No. 1272507
Franklin Read, S.W.
Tax Map No. 1150108
2219 Franklin Road, S.W.
Tax Map No. 1272504
2331 Franklin Road, S.W.
Tax Map No. 1272505
Franklin Road, S.W.
Tax Map No. 1150103
2329 Franklin Road, S.W.
Tax Map No. 1150102
Franklin Road, S.W.
Tax Map No. 1150104
1203 Franklin Road, S.W.
Tax Map No. 1150112
Franklin Rand, S.W.
Tax Map No. 1150106
2309 Franklin Road, S.W.
Tax Map No. 1150109
2239 Franklin Road, S.W.
.31 Acre Parcel owned by Norfolk Southern
Corporation currently within Norfolk
Southern right -of -way
30 Acre Parcel currently within Wonju Street
right -of -way
Zoned C -2/LM
Zoned C -2
Zoned C -2 Conditional
Zoned C -2 Conditional
Zoned C -2 Conditional
Zoned C -2 Conditional
Zoned C -2 Conditional
Zoned C -2 Conditional
Zoned C -2 Conditional/LM
Zoned LM
Currently within NS
right -of -way
Currently within Wonju
Street rlght -of -way
from C -2 (General Commercial District), C -2 Conditional (General Commercial
District) and LM (Light Manufacturing District) as above noted to INPUD
(institutional Planned Unit Development District) and such rezoning to be subject to
certain conditions.
FOURTH AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
Petitioners Bland A- Painter, III and Betty J. Painter own the following property in the City
of Roanoke, Virginia: Tax Map Nos. 1272504, 1272505 and 1150103. Petitioner FR -1
Investments, LLC, owns tax map parcel 1150106. The other properties listed above, not owned by
petitioners, are under contract to petitioners. The consents of those property owners to this'
rezoning petition are attached to this petition.
Said tracts are currently zoned either C -2 (General Commercial District), C-2 Conditional
(General Commercial District) or LM (Light Manufacturing District) as individually identified
above. A map of the property to be rezoned is attached as Exhibit A. A metes and bounds
description of the .31 acre portion of the Norfolk Southern right -of -way and the .30 acre portion
of Wonju Street included within this petition is attached hereto as Exhibit B. Petitioners wish to
rezone this .property from C -2 (General Commercial District), C -2 Conditional (General
Commercial District), and LM (Light Manufacturing District) to 1NIW (Institutional Planned Unit
Development District) to allow for the more efficient and harmonious development of Ivy Market, a
mixed use retaiUofSce development.
In 2003, approximately 73 acres of the property were rezoned in order to permit the
planting and site development associated with Ivy Market to proceed. Since that time, petitioners
have contracted to purchase adjoining properties in order to provide sufficient space for the first
class mixed use development envisioned for the site. Located at a key commercial intersection, Ivy
Market will visually enhance the Franklin Road corridor while providing significant economic
benefit beyond its current use.
An Institutional Development Plan prepared by Lumsden Associates dated November 18,
2004, is attached as Exhibit C and provides the detail required by the 1NPUD ordinance. As
illustrated on the concept plan, the INPUD zoning allows a better utilization of the site permitting,
for example, the placement of buildings much closer to Franklin Road than currently permitted in
the C-2 district.
Petitioners believe that the rezoning of said tracts of land will further the intent and
purposes of the City's zoning ordinance and Vision 2001 -2020 Comprehensive Plan. This
OA
commercial development, at a key intersection, will serve the needs of citizens and visitors in
accordance with the policies of the Comprehensive Plan. It takes propeity that has been
commercially unproductive and/or underdeveloped for a significant period of time and enhances the
Franklin Road commercial corridor.
Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the
rezoning will be subject to, and that they will abide by, the following conditions:
1. The one billboard located on the properly shall be removed prior to final approval of
a comprehensive site plan affecting the property on which the billboard is located.
2. The design of all buildings constructed on the property shad be architecturally
integrated and compatible through the use of common materials and style.
3. Should the parcels which comprise the property be combined or subdivided, the
proffered conditions shall bind each subdivided or re- combined parcels, as applicable.
4. Building facades facing Franklin Road shall be designed to resemble the
architecture of, and incorporate elements found in. the rest of the project. Architectural interest will
carry through to prevent the appearance of a blank wall. es Facades shall also be articulated with one
or more of the following elements: window display boxes visible to vehicles and pedestrians along
Franklin Road, awnings and canopies, blade signs (i.e. signage perpendicular to the building fagade
to which it is attached) for tenant identification so long as such blade signage is 10 square feet or
less, architectural lighting, landscaping, elo.
5. Average foot candle illumination levels for parking areas and drives shall not
exceed 8 foot candles as measured and determined by the Zoning Administrator.
3
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road from the property to be
rezoned.
WHEREFORE, Petitioners requests that the above - described tract be rezoned as requested
in accordance with the provisions of the Zoning Ordinance ofthe City of Roanoke.
Respectfully submitted this 18 day of November, 2004.
Respectfully submitted,
Bland ft Painter, M
Betty J. Painter
FR-1 Investments, LLC
By: /rL - - /fie,# -��
Oi lunsel
Maryellen F. Goodlalte, Esq. '
Glenn, Feldmann, Darby & Goodlatte
2101" Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001 -2887
(540) 224 -8018 - Telephone
(540) 224-8050 — Facsimile
4
"A
I I
r/
•. I I
b ♦!
r
4 r' ♦ r
A 1,pl,�t -.G ♦ /
i¢�No
r � Li } �1 =! � t •1 �" LN I
1� � b •'Y i •l iW "x.
g 1 /
w /
• 'l et y
rah
/4•
/ 4
/
/
z I
711j(
rno�Lm° i+ce�ns♦m
Comm; 2003 -059
The following is a deed description for 13,584.6 square foot parcel to be acquired by
Painter Properties, Inc, from Norfolk & Southern Railway. The description is as follows:
BEGINNING at Comer #A, said point being Station 121 +29.24, station per Norfolk and
Southern station map VI O -VA, 2 -C, said point also being northeast comer ofpmperty of
Bland A. Painter, III, at ux, Roanoke City Tax # 1272504; thence leaving Painter and with
2 new division lines thm property ofNorfalk & Southern Railway as follows; thence N
660 51' 40" E, 225.21 feet to Comer #B; thence N 66° 47' 00" B, 440.25 That to Comer
#C, said point located at Station 114.+63.45, per Station Map V10 -VA, 2-C; thence with
the right -of -way of Norfolk and Southern Railway, S 240 40' 46" E, 6.29 feet to Comer
#D, said point being the northeasterly comer of property of Branch Family LLC,
Instrument #030012622. Roanoke .City Tax #1150112; thence continuing with Branch
Family LLC for the following 2 courses; S 65° 17' 54" W, 6125 feet to Comer #E;
thence S 19° 39' 06" B, 32.37 feet to Comer #F, said point being northeasterly corner of
property of Branch Family ILC, Instrument #030012622, Tax 41150102; thence
continuing with Breach Family LLC, S 70° 46' 18" W, passing the northwesterly comer
of property of Branch Family LLC at approximatelyl30 feet, in all 419.93 feet to Comer
#G, said point located on northerly boundary line of property of FR 1 Investments, LLC,
Roanoke City Tax #1150106, and continuing with FR 1 Investments, LLC; S 650 37' 18"
W, passing northeast comer of Bland A. Painter, III, et ux, property at approximately 142
feet in all 183.20 feet to Comer #4 said point located on Norfolk and Southern rightof-
way; thence leaving Painter and with Norfolk & Southern' Railway, N 24° 22' 42!'W,
15:00 feet to Comer #H, the place of BEGINNING and containing 13,584.6 square feet
as more particularly shown on Exhibit prepared by Lumden Associates, P ;C., dated
September 10, 2004.
uec ur u-r uccaoP "umsaen n3aaoiayes aye- rrc -z-tvo p -A.
Comm: 2003 -059
The following is a deed description for 13,373 s.f., property to be conveyed to Bland A.
Painter, III and Betty J. Painter from Commonwealth of Virginia. The description is as
fonows;
BEGINNING at Comer A. said point located on the easterly right-of-way of Wonju
Street, being Station 34 +17,83, 125.05 feet to the left of centerline, said point also located
on the southerly right -of -way of Norfulk & Soulhcm Railway; thence leaving Norfolk &
Southern Railway and with the existing right -of- -way of Wonju Street for the following 5
courses; thence S 06° 18.42" E, 149.07 feet to Comer B; thence S 03° 33' 57" W,
248.04 feet to Comer C; thence S 61' 24' 39" W, 16.67 feet to Corner D'; tItcnce S 100
35' 38 11E, 69.65 feet to Comer I, said point being at Station 38 +99.96, 70.00 left of
centerline of Wonju Street; thence with 2 new division lines through property of
Commonwealth of Virginia for the following 2 courses; S 27139' 10" W. 41.31 feet to
Corner F; thence N 00° 58'46" W, 423.26 feet to Corner G, said point located at Station
34 +23.57.95.81 feet left of centerline of Wonju Street, said point also located on
southerly right -of -way of Norfolk & Southern Railway; thence continuing with Norfolk
& Southern Railway right -of -way, N 65° 37' 00" E, 29.94 feet to Comer A, the place of
BEGINNING and containing 13,373 91 (0.307 ac.) as more particularly shown on
Exhibit prepared by Lumsden Associates, Y.C., dated October 6, 2004.
- MEMO—. r�`r_
�.�.. - ruraa�1
^° _�..
YO. KIM
r�..�... ri -.r vlw,wv
�
NNNNN 'r
Il
►� it 11'I 11� �h.._ w IIiJI /` ®� / •� _..� f ��.L,>Ll-y >.� _P...
7RANUM ROAD
6qO
C
• �.i�iRr _' Jim'
- .re a turn ...mr a n_
LIRRO110Itl[ MROAm/1 RIN
Y_a♦urY n.
Y.R m
♦a - ..a
mI mY1Rl
N .�rp1 I.YIY Y 1 Y1.1 IIYY
- .r.. m \ . ert 1 N.IY
iAr 110PU.M /.LLaM. ISAIm OfAN IOTY II.L'1�
.¢ - ..n .IiO. ate
•�
nY PaY1.Yl
Pnmoa Prsrol nrbr0. /rtnlYR
..fit - q
�♦
nn.s ra Plsr
w -.ry ...r •tc
.IW®.. IRMN b.6 IN
F�
�g
wo
B 1 ii --- - - - - -- - - - --
- ---- - --- °'•-.
i
w------ ' - -...- yr - -.._ PRAM M ROAD
Ar
"c LQRIIIDONLL DI�DAIOeIe MW �+
iw m r�mr
rya�ssueuq
s
—` wnnaea n+n+on n+� ��wdt
�mau s�ora�'bi wo n�nv 'A•a
fnw�m.uaie nre- mu s�
on X as
■Mx04 �
\
® w..AMR 6
r enwww ww
{
xw. _,
wt*Y,
.. `i •4r i O 1 a._
rRUNO.O! ROAD
•es
m ERIEiuv su eME
m _ =� LLwnea raw
RSmUIfOAY. M�IINYWl f[IN
A11�Y Y1A�T
(awww uowp.e •.en wum unw ww.,¢ wO
a
IN ,
a`r�
��0: - 7:� �°: °s.,•� �:'°�,:e
� � ?� mss'
wr�w. r.r +rw
maim
qq
• o wt
d'1R _m�i.T R7�'
KFEW
e• I.,fN ww- i
mIQI,00i.Q ®wY f,O
xw. _,
wt*Y,
.. `i •4r i O 1 a._
rRUNO.O! ROAD
•es
m ERIEiuv su eME
m _ =� LLwnea raw
RSmUIfOAY. M�IINYWl f[IN
A11�Y Y1A�T
(awww uowp.e •.en wum unw ww.,¢ wO
a
IN ,
ADJORgING PROPERTY OWNERS
TO
Tax Map No. 1272507
Franklin Road, S.W.
Tax Map No. 1150108
2219 Franklin Road, S.W,
Tax Map No. 1272504
2331 Franklin Road, S.W.
Tax Map No. 1272505
Franklin Road, S.W.
Tax Map No. 1150103
2329 Franklin Road, S.W.
Tax Map No, 1150102
Franklin Rom S.W.
Tax Map No. 1150104
2203 Franklin Road, S.W.
Tax Map No. 1150112
Franklin Road, S.W.
Tax Map No. 1150106
2309 Franklin Road, S.W.
Tax Map No. 1150109
2239 Franklin Road, S.W.
.31 Arse Parcel owned by Norfolk Southern Corporation currently
within Norfolk Southern right -of -way
1272105
.30 Acre Parcel currently within Wonju Street right -of -way
Tax Map Number
Owners/Addresses
1150101
He=j Trading Company
5848 Old Locke Court
Roanoke, Virginia 24018
1272410
Cecil B. Hodges, Jr.
Audrey R Rodger
2024 Winston Avenue, S.W.
Roanoke, Virginia 24014
1272409
Richard A. Dearing
Nancy G. Dearing
P. 0. Box 8224
Roanoke, Virginia 24014
1272105
Norris, Inc.
P. 0. Box 12308
Roanoke, Virginia 24024
1272005
Commonwealth of Virginia
1272004
215 Church Avenue, S.W.; Room250
1272003
Roanoke, Virginia 24011
1272503
1272501
T B C Associates LLP
1272502
2580 Broadway Street, S.W.
Roanoke, Virginia 24014
1280613
Fulton Properties LLC
2525 Franklin Road, S.W.
Roanoke, Virginia 24014
1160102
Evelyn Lewis'Cayton Revocable. T.=cst
3 63 0 Peakwood Drive, S.W.
Roanoke, Virginia 24018
1160109
H S W Enterprises
P. 0. Box 21535
Roanoke, Virginia 24018
1150204
Michael J. Paplomatas
AngeloaR. Paplomatax
5065 Williamsburg Court
Roanoke, Virginia 24018
1150206
Harry Gerald Garrett
247 Thompson Road, S.E.
Floyd, Virginia 24091
1150201.
K, Wayne Booth
Beverly A. Booth
2326 Franklin Road, S.W.
Roanoke, Virginia 24014
1150203
Samuel M. Garst
1150205
Jeanette N. Garst
378 Calypso Road
Moneta, Virginia 24121 -5343
1150202.
Mack D. Cooper, 11
1410 Main Street, S.W.
Roanoke, Virginia 24015
1050105
Adnil Properties LLC
3613 Peakwood Drive, S.W.
'Roanoke, Virginia 24014
2309 and 2331 Franklin Road, S.W. Official Tax Map Nos. 1150106 and 1272504 Adjoining Property Owners List
TAXID LOCADDR
1050105 2132 FRANKLIN RD SW
1150101 2131 FRANKLIN RD SW
1150201 2326 FRANKLIN RD SW
1150202 2240 FRANKLIN RD SW
1150203 2312 FRANKLIN RD SW
1150204 2406 FRANKLIN RD SW
1150205 2304 FRANKLIN RD SW
1150206 2332 FRANKLIN RD SW
1160102 2502 FRANKLIN RD SW
1160109 2502 BROAD WAY SW
1272501 2561 BROAD WAY SW
1272502 0 BROADWAY AV SW
1272503 0 FRANKLIN RD SW
1272505 2351 FRANKLIN RD SW
1280613 2525 FRANKLIN RD SW
9999999
OWNER
VB LAND LLC
HEMRAI TRADING COMPANY
BOOTH K WAYNE Be BEVERLY A
CHASE MORGAN ASSOCIATES CORP
GARST SAMUEL M
PAPLOMATAS MICHAEL J & ANGELA R
GARST SAMUEL M
GARRETT HARRY GERALD
CAYTON HOWARD LESLIE
SMITH & ASSOCIATES LLC
TBC REALTY ASSOCIATES LLC
TBC REALTY ASSOCIATES LLC
COMMONWEALTH OF VA
COLE WG ROANOKE VA LLC
2525 FRANKLIN ROAD ASSOCIATES LLC
NORFOLK SOUTHERN RAILROAD ATTN: BILL
OWNERADDR3
MAILCITY
MAILSTATE
36 W CHURCH AVE
ROANOKE
VA
1927 FRANKLIN RD
ROANOKE
VA
2326 FRANKLIN RD SW
ROANOKE
VA
2240 FRANKLIN RD
ROANOKE
VA
378 CALYPSO RD
MONETA
VA
5065 WILLIAMSBURG CT
ROANOKE
VA
378 CALYPSO RD
MONETA
VA
247 THOMPSON RD SE
FLOYD
VA
2502 FRANKLIN RD SW
ROANOKE
VA
1010 SECOND ST
ROANOKE
VA
2580 BROADWAY AVE SW
ROANOKE
VA
2580 BROADWAY AVE SW
ROANOKE
VA
215 CHURCH AVE SW RM 250
ROANOKE
VA
PO BOX 1159
DEERFIELD
IL
2525 FRANKLIN RD SW
ROANOKE
VA
110 FRANKLIN RD SE
ROANOKE
VA
4 r
• / :a •r`
p !
iii,_
ivouuuu
/ o-• iv u,on
uu n
c \ee,\w\p\f\el
amuweuoue+
aasaa \OOa OI y � j
x mh mvoaruuau
v r,n .eovupai /
issue anaaAae ,.
AI
ft m v nuftl 0 cm No
,AAe ieA n ef,eaa,aa➢ at
x= ]L a \a6ee IDfi a
N...N oaa 24".
et ni
m!?'a as +.avvevHSH v -tl • �' i1�
,yu __, ��zz ��'aaaavaafnu�.wp u
� oafaaueve. w.• ` J
aaaavaa \u ➢lc v➢n\ rl. � e Y; 'I
''/ice �f`r g:. ,j'+f wcwewamlY sal- moo..,
uvevwfonv \awvaaR mA e
taatlanf usa•va0\a\mam�� t k
au aTauaaocaueY P4rat 5 � O
N.M. n:P.m
Y ffeam \me \aaaa \ea mJa tla ly � � a
_ •`°• '$- % jaYa
iuvuavuueuea-nuP
p' +. a ■ \ \a PL9e\aBa eeeYa \a wa a
y .X •aa6GPaa w\\aa➢an A\\tlwa e
iH9O•aaOpnaL_.nOV' \e3 amn /•
•e➢nh as "na r.L \fww \af aaeaw
isLm\lYf amY• L,tlw \Oft• v➢ U u
`. f 'al c¢eafu\uf veu\oaw\ v v e: d
�?'a eua\fuuasno\m mvuua,acvse s y
9 y �_ � uu uvaafaAODUea aB e,aPS
ontlaear avmue,•fo,mr-\eo uouu ar y -.y
wvapn oeeoao aesmrma\r.. v m_caavaa's
.Mao
awauff\uaulsfv. .oa ufuawv ,`a tf
dalear �u s,uup u•\\e•uA Ye \f Abe•
' av➢sl au , IN, sia ......weaoe....
u,l euefaaaa¢•msmavai {t.+
=sisiiio �•ieuu ➢e.lsouaaepo ➢uu u•
9EVww•eaaAAwae Ole •A•waAwaAAAama S a
` . aeuuuenouetl\- '�o\uf.uaeueuevu ^.
amA \ \aa \fO \ \Y•e n at Fm ].. aeawaalelee\eea \I .y r
_. .979Mee\eeeeaa \ael _._tea ➢fa•a \w \a \lr \rva \a \1
.: t an-uuuauou,ul__vupa,fuuusfun �
as aa\wo\,uause,wu uuuaouefo.: plv{ '}t'+
INN UM:
'.1 alO eerO UaOaalr _anaaaa\e uaaOOeAwrla
cv uauuuuu\ uu•a - =au oam m asasvaa_u a a ^.
aaoapmu,usousuu. auusa aouwp 'No ol
:. e\emnu O\e \u u,o ur -suusa pe \a \OVU,n f = =;
c•a•f¢f unp \na•s ➢etluer••.iuuwuouueluY t`,
ala On\spone9Oa, a •eOOUO,uOOf a O\011
: pewaam \eamp,uuufuesa,aur ➢uvslwaaoo. „
*- .aeacniN'Ma....go.iiiiiiii teiiiii ii iiiii -
mHf* musu oases,ea \ufuxntpfe,aa \o\oof aff.t
C: 'J / \.nlarOOnO eeO we el cant O•auee OpfP\Oael
rt "S. •'"MMUP „O.... O \euffO,gOaumr
aom•acav\uuuuueuvua :..uasaNNOMM M r'
vamu ar vwueaaauu„euv.:e,au \ouuaovvui
is vawmmaeu 'ln ealsauf,iaaf wm6ra•••apueuewaaanae
# . ®mNea mo■ ¢\OeOOOaw\clmnseOUeOapfsusa a n
ew am lP\P #avoouesuOUaaouvuoao,oa \f Yp¢
..a ameaaea C r •r C ]la mM..aleee a \sea lease aB AaA .
v”, "oval ma m m,m -' ...N.Oequtlo0ae "t
'aa:.mww •mn c •- alaal\ls \Aa a \us,
Onml,u vP s:c mla { •ea\ a ur\ppeAppa••ea m6)
omx.a eseasfnl..w Pwmwa �.c ➢e\oouvausu ovewfY
(p Akeaalal`:`:a a \aBY.�H tiov av aeaeeaar eAeeate \pm ➢¢l
ale➢Op¢nasa- C ■caones, a Ohio \ \loln
a
m moaaaPlmn m _Y .\a \aw..... aaapir v':. SIO•
•. as afeo VN •.: .x. BAa av mn.rywm \aaO
aO m\sl# z.. sal aaa F,+mamO
'am. apsa�YVf
rvu sea amaAaaaaso
\wa ummaP,➢mv ➢u.
vmma •fa •aluawi
v \m mmAY PHalam,
3 'Age.; sal{ t
seas.. as n '{ V'I
aaa •.
wart na A-
aavw amaa AP'Y -
•watlew
acme a A�y !
pn
i
�4
L__
AFFIDAVIT
APPLICANT: Ivy View, LLC
LOCATION: 2309 and 2331 Franklin Rd., S.W.
REQUEST: Amend PUD Plan and repealing proffers
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 26th day of March, 2014,
notices of a public hearing to be held on the 8th day of April, 2014, on the request
captioned above to the owner or agent of the parcels as set out below
Tax No and Owner's Name and Address
1050105
VB LAND LLC
36 W CHURCH AVE
ROANOKE VA 24011
1150101
% RAMADA INN
HEMRAJ TRADING COMPANY
1927 FRANKLIN RD
ROANOKE VA 24014
1150201
BOOTH K WAYNE & BEVERLY A
2326 FRANKLIN RD SW
ROANOKE VA 24014
1150202
CHASE MORGAN ASSOCIATES CORP
PO BOX 8103
ROANOKE VA 24014
1150203, 1150205
GARST JEANETTE N
GARST SAMUEL M
378 CALYPSO RD
MONETA VA 24121
1150204
PAPLOMATAS MICHAEL J & ANGELA R
5065 WILLIAMSBURG CT
ROANOKE VA 24018
1150206
GARRETT HARRY GERALD
247 THOMPSON RD SE
FLOYD VA 24091
1160102
CAYTON HOWARD LESLIE
2502 FRANKLIN RD SW
ROANOKE VA 24014
1160109
SMITH & ASSOCIATES LLC
1010 SECOND ST
ROANOKE VA 24014
1272501,1272502
TBC REALTY ASSOCIATES LLC
2580 BROADWAY AVE SW
ROANOKE VA 24014
1272503
COMMONWEALTH OF VIRGINIA
PO BOX 3071
SALEM VA 24153
1272505
% WALGREEN CO STORE #7605
COLE WG ROANOKE VA LLC
PO BOX 1159
DEERFIELD IL 60015
1280613
2525 FRANKLIN ROAD ASSOCIATES LLC
2525 FRANKLIN RD SW
ROANOKE VA 24014 -1007
9999999
ATTN: BILL TITTLE
NORFOLK SOUTHERN RAILROAD
110 FRANKLIN RD SE
ROANOKE VA 24011
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26tdayo�f, Marchh�2014_
Notary Public
CANDACE R. MART
I NOTARY PUBLIC
I Ccnmonwealth of Virginia
Re_j. #282076
L_d. -gip Cnmmis_^on Expires
The Poar:oke Times
Poar:oke, Virginia
Affidavit of Publication
In
The P-.anoke Times
----------------------
- ------ - - - - ---
saw
!IRAN
CITY OF R.OANOKE, PDV 1
CITY PLANNING COMMISSIOIJ
215 CHURCH AVE, ROOMI6E SW
R.OANOKE VA 24011
REFERENCE: 80075514
13577334
State of Virginia
City of Roanoke
I
PUBLICHEAP.INSNOTICEA I
I VA. "sw aarww..
I �aat°�inl'�p ooli
1 of fnow"' rmtW�iplo;afs
I, (the undersigned) an authorized representative 11rofl Meale owMaet
q P M \no{u{ Roilalat'aaA
of the Times-World Corporation, which corporation I +M (( 40)
y oeM4uloo
is publisher of the Ruanuke T..n - >, a daily I ,l" to tho trr■IL
newspaper published ir, Roa. i ir. chq State of IinnenyofRoanoke
Virginia, do certify that t"q annexed notice was I� ona.
A04 J%91t
published in said newspapers on the rolowing I;rkt0�m.
1 a" a oba in 10
dates: yp OM
A f4411061 ffola Etooy
Reeofto to waCfeealty
akowataawO,, VOCIP" ■no
1 400
allo9 ooalap Itfeaerty
City /County of Roanoke, Comr,cnwealth /State r.f I AVOR99 S- E.'e":ffne
Vi�r�ginia. Sworn and subscribed before r.e this I aaewrar%*.AZRiL
j,_ -day of APR 2014. Wit[.ess. Try hand and
official seal.
r
PUBLISHED ON: 03/2F 04/02
TOTAL COST: 1,788.4E
I
otary Public I
as
I
A�pnfu W., I
l PUB is
'I
n 4h CJk'nttIES10N
�•e�e a� Tts ��,��`
FILED ON: 04 /0�/ 4
--------------- - --
1
osafAllN 1M M WI wni
�wi '
do •
to.
the
N+N�tll W
Authorized 1/l�1/ ( _._
8.1.:Lt[,g services Reoreses[ati,�q
Signature: -- - - - -..
on
Rib PCCP CO<kNm,
ft cferkaaiMPPPrPs
Qd�iiPap �e
AP M.,
hw~4 Pf outwo : or PP
l b1lrmPfeNSmry or
SM� NM. MW .MMC.
cuv (135"33P)
^�k
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925 - 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial- General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5`" Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial- Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
(540) 853 -2541
March 21, 2014 11:50 a.m
STEPHANIE NI. MOON REYNOLDS, NIN1C
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
E -mail: clerk/glroanokeva.gov
April 14, 2014
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby & Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
April 21, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on a request of Ivy View, LLC, to repeal all conditions proffered as part of a previous rezoning
and amend the Planned Unit Development Plan as it pertains to a portion of properties
located at 2309 and 2331 Franklin Road, S. W., pursuant to Ordinance No. 36925 - 122004
adopted by the Council on November 20, 2004.
The City Planning Commission at its meeting held on Tuesday, April 8, 2014, on a 4 -0 vote,
approved your request. If you would like a copy of the Planning Commission report, please
contact Rebecca Cockram, Secretary, City Planning Commission, at (540) 853 -1130.
Lastly, it will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Maryellen F. Goodlatte, Esquire
April 14, 2014
Page 2
PC: VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011
Ramada Inn, Hemraj Trading Company, 1927 Franklin Road, S. W., Roanoke, Virginia
24014
Wayne and Beverly Booth, 2326 Franklin Road, S. W., Roanoke, Virginia 24014
Chase Morgan Associates Corporation, P.O. Box 8103, Roanoke, Virginia 24014
Jeanette Garst and Samuel Garst, 378 Calypso Road, Moneta, Virginia 24121
Michael and Angela Paplomatas, 5065 Williamsburg Court, Roanoke, Virginia 24018
Gerald Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091
Howard Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014
Smith and Associates, LLC, 1010 Second Street, S. W., Roanoke, Virginia 24014
TBC Realty Associates, LLC, 2580 Broadway Avenue, S. W., Roanoke, Virginia
24014
Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153
Walgreen Co Store #7605, Cole WG, Roanoke, Virginia, LLC, P.O. Box 1159
Deerfield, Illinois 60015
2525 Franklin Road Associates, LLC, 2525 Franklin Road, S. W., Roanoke, Virginia
24014 -1007
Norfolk Southern Railroad, Attn: Bill Tittle, 110 Franklin Road, S. E., Roanoke, Virginia
24011
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
F_..•�a. d...Lrl..•o•..•L..a� ...••
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Sean Horne, Agent
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
JONATHAN E. CRAFT, CIVIC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39917 - 042114 rezoning property located at 3419
Orange Avenue, N. E., from Commercial General District (CG), to Commercial -Large
Site District (CLS), subject to certain conditions, as set forth in the Zoning Amendment
Amended Application No. 1 dated March 14, 2014.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014; and is in full force and effect upon its
passage.
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Budget Motels, Inc., 10605 -A Gaskins Way, Manassas, Virginia 20109
Taylor House, LLC, Attn: Douglas Caton, P.O. Box 5306, Charlottesville, Virginia
22905
F W Properties, LLC, P.O. Box 100, Daleville, Virginia 24083
The Rescue Mission of Roanoke Incorporated, 402 4th Street, S. E., Roanoke,
Virginia 24013
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39917- 042114.
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 3419 Orange Avenue, N. E., bearing Official Tax Map No.
7100712, subject to a certain condition proffered by the applicant; and dispensing with
the second reading by title of this ordinance.
WHEREAS, MVG Development, LLC, has made application to the Council of
the City of Roanoke, Virginia ( "City Council "), to have the property located at 3419
Orange Avenue, N.E., bearing Official Tax Map No. 7100712, rezoned from CG-
Commercial General District, with conditions, to CLS, Commercial -Large Site District,
with a condition that the site will be developed in substantial conformity with a proffered
development plan;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on April 21, 2014, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 7100712 located at 3419
Orange Avenue, N.E., be, and is hereby, rezoned from CG- Commercial General District,
with conditions, to CLS, Commercial -Large Site District, subject to a certain condition
proffered by the applicant as set forth in the Zoning Amendment Amended Application
No. 1 dated March 14, 2014,
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
2
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Application by MVG Development, LLC to repeal all conditions
proffered as part of a previous rezoning for the property located at
3419 Orange Avenue (US Route 460), N.E., bearing Official Tax No.
7100712 and to rezone such property from CG, Commercial -
General District, with conditions, to CLS, Commercial -Large Site
District, with a condition that the site will be developed in
substantial conformity with a proffered development plan.
Recommendation
The Planning Commission held a public hearing on Tuesday, April 8, 2014. By a
vote of 4 - 0 the Commission recommended approval of the rezoning request,
finding Amended Application No. 1 is consistent with the City's Comprehensive
Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance as a vacant building
will be redeveloped for an active use appropriate to the surrounding area.
Application Information
Request:
Rezoning
Owner:
Joe Thompson, JETR, LLC
Applicant:
H. McNeish, MVG Development
Authorized Agent:
Sean Horne Balzer & Associates Inc.
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
3419 Orange Avenue
Official Tax Nos.:
7100712
Site Area:
4.853 acres
Existing Zoning:
CG, Commercial - General District, with conditions
Proposed Zoning:
CLS, Commercial -Large Site District, with a
condition
Existing Land Use:
Vacant, Previously Retail Sales Establishment
Proposed Land Use:
Retail Sales Establishment
Neighborhood Plan:
Hollins /Wildwood Area Plan
Specified Future Land Use:
Shopping Center
Filing Date:
Original Application: March 5, 2014
Amended Application #1: March 14, 2014
Background
In 1979 the property at the eastern corner of King Street and Orange Ave was
rezoned from RG -1, General Residential District, to C -2, General Commercial
District, subject to conditions. A grocery store facility operated at the site for
many years before closing. Specialty retail has occupied the facility since. The
building is currently vacant.
The applicant met with planning staff to discuss redevelopment of the property
for a new grocery store and fuel center. The proposed uses are permitted in
both the CG (Commercial - General) and CLS (Commercial -Large Site) districts;
however, the proposed site layout could not be accommodated under the
dimensional regulations of the CG district. The CLS district was determined to
be the more appropriate zoning for the proposed redevelopment.
In March 2014, the applicant filed an application to rezone the property from
CG, with conditions, to CLS. Later the same month, the applicant filed an
amended application with a condition to proffer a development plan. The
development plan depicts an existing landscape buffer along Springtree Drive
that is to be maintained.
Conditions Requested for Repeal and Proffered by the Applicant
The applicant hereby requests that the following proffered conditions enacted
by Ordinance No. 24626 be repealed as they pertain to Official Tax No.
7100712:
1. The petitioner would share in the cost of signalization of the
intersection of King Street, N.E., and U.S. Route 460 up to 50% of the
cost at such time as the City Engineer determined such signalization
was necessary.
2. The Petitioner would not locate more than one entrance off Springtree
Drive, the location to be determined by the City Traffic Engineer.
3. The petitioner would plant a tree buffer along Springtree Drive and the
eastern boundary of the site.
The applicant hereby agrees to proffer the following condition as it applies to
Official Tax Number 7100712:
1. The property will be developed in substantial conformance with the
development plan prepared by Balzer and Associates Inc., dated March 17,
2014, and attached hereto as Exhibit A "Development Plan" and further subject
to those changes which may be required by the City of Roanoke during
comprehensive development plan review.
2
All development must be in substantial conformance with the development plan
and other pertinent elements of the zoning ordinance.
Considerations
The property proposed for rezoning is in a partially vacant shopping center at the
corner of King Street and Orange Avenue. The proposed redevelopment of the
property slightly changes the current development of the site with a building
facing Orange Avenue and a fuel center.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the CLS District is to accommodate multiple buildings and uses
that are large in scale and generally characterized by multiple tenants or uses
on a single zoning lot which share common parking, curb cuts, driveways, and
access to and from streets. These uses and areas are heavily dependent on the
motor vehicle and tend to result in large parking areas and outdoor display of
merchandise. CLS District uses include large motor vehicle sales and service
establishments and community and regional shopping centers. The district
standards provide for landscaped buffers to minimize the impact of CLS uses
on surrounding areas.
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. The
evergreen buffer that was a proffered condition between the rear of the
building and Springtree Drive will remain as shown on the development plan.
Design of the fueling station will be subject to supplemental regulations for
gasoline stations, which limit the canopy height, lighting, fascia dimension, and
signage placed on any canopy.
3
Zoning District
Land Use
North
CG, Commercial - General District
Eating Establishment
South
RMF, Residential Multifamily District
Group Care Facility, Nursing
Home
East
CG, Commercial - General District
Supply Pantry, Retail Sales
Establishment, Not Otherwise
Listed
West
1 -1, Light Industrial District
Office, General or Professional
Compliance with the Zoning Ordinance:
The purpose of the CLS District is to accommodate multiple buildings and uses
that are large in scale and generally characterized by multiple tenants or uses
on a single zoning lot which share common parking, curb cuts, driveways, and
access to and from streets. These uses and areas are heavily dependent on the
motor vehicle and tend to result in large parking areas and outdoor display of
merchandise. CLS District uses include large motor vehicle sales and service
establishments and community and regional shopping centers. The district
standards provide for landscaped buffers to minimize the impact of CLS uses
on surrounding areas.
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. The
evergreen buffer that was a proffered condition between the rear of the
building and Springtree Drive will remain as shown on the development plan.
Design of the fueling station will be subject to supplemental regulations for
gasoline stations, which limit the canopy height, lighting, fascia dimension, and
signage placed on any canopy.
3
Pedestrian accommodations and additional site development features that are
required or regulated by the zoning ordinance are not all shown on the
development plan. These details will be finalized during the development
review process.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan recognize the need
for the redevelopment of sites at key intersections and village centers to serve
the needs of citizens and visitors. The parcel was a grocery store and the use
remains appropriate in this area. The development plan allows for
redevelopment of the property in a manner that assures the issues identified
during the original development are still addressed by the placement and
orientation of the building, retention of the landscape buffer, and associated
site development. Relevant policies and action items in the plan include:
NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a
neighborhood setting. Neighborhood- oriented commercial activity
will be encouraged in well- defined village centers.
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
The redevelopment of the property fulfills the City vision for redevelopment of
buildings that are vacant in commercial centers at key intersections with uses
and forms that are appropriate to the surrounding neighborhood. The new
building and associated site development will be similar to the existing
development, but will conform to current development standards such as
parking area, landscaping, and lighting. The development will serve as an
important commercial hub for the Wildwood and Mecca Gardens
neighborhoods.
The Hollings /Wildwood Area Plan recognizes commercial development at key
nodes at major intersections along Orange Avenue as an important aspect of
the existing neighborhoods in this area. The clear delineation of the
commercial areas and the residential areas are important as well. Relevant
policies and action items in the plan include:
Community Design:
Neighborhood Character: Established neighborhoods should retain
their current character and development patterns.
Eli
Economic Development:
• Orange Avenue: Maintain commercial zoning that will retain
existing businesses and attract new establishments.
• Maximize Use of Existing Commercial Districts: Avoid further
expansion of commercial districts to encourage quality
development and more efficient use of land in existing districts.
Quality of Life:
Commercial /Industrial Development: Commercial and Industrial
development should be economically viable without threatening the
environment and high quality of life of the area.
The principal consideration is whether the proposed rezoning and proffered
development plan is consistent with Vision 2001 -2020 and the Hollins /Wildwood
Area Plan. The commercial center at the intersection of Orange and King has
been an important part of the community's development pattern for many
decades. This change to the property will facilitate the reuse of a vacant
commercial site that will bring new life and services to this neighborhood and
could increase other residential and commercial development in the area. The
development plan buffers the surrounding residential neighborhood from the
more intensive commercial use by maintaining the evergreen buffer along
Springtree Drive as depicted on the development plan.
The proposed grocery store and fuel center will generate additional traffic from
vehicles, bikes, and pedestrians compared to former levels because of the
addition of the fueling station. The expected increase in vehicular traffic does not
trigger requirements for a traffic study, but both the applicant and staff
recognize there may be traffic issues to address for the project to be successful.
The large public stream channel adjacent to King Street further presents a
challenge to addressing access issues. Any outstanding traffic and stormwater
management details should be addressed administratively during the
development review process.
Overall, staff finds that the rezoning as proposed is consistent with these plans
as it enables redevelopment of a vacant property in a manner appropriate to the
surrounding area.
City Department Comments:
Comments on the original application provided by City staff to the applicant
include the following:
The development standards of CLS District combined with the removal of
all conditions from the site might not address the concerns raised when
the property was originally rezoned regarding impact on the surrounding
residential neighborhood. (This issue has been resolved by the
applicant's commitment to maintain existing landscape buffer along
Springtree Drive
• Transportation issues regarding entrances and site development
requirements will need to be further evaluated and addressed in the
development review process.
Public Comment Summary
None.
Planning Commission Work Session (March 21. 2014):
Traffic is an issue at the existing entrances.
Applicant Response to Staff Public and Planning Commission Comments
The applicant submitted Amended Application No.l with a proffered
development plan depicting building placement and orientation on the site and
retention of the existing landscape buffer along Springtree Drive.
Planning Commission Public Hearing Discussion:
The following comments and questions were posed by the Planning
Commission at their April 8, 2014 public hearing.
Mr. Smith asked if traffic studies had been done to see what the impact
on traffic would be regarding the entrance by the fuel center. Mr. Horne
responded that an evaluation had been done and no traffic study was
required. Mr. Horne said that historically there has been an issue with
traffic at this location that extends beyond a single property or project.
Staff clarified that there had been discussion with the applicant and the
issues could be addressed during development review.
• Mr. Futrell asked for a description of the buffer. Mr. Horne stated that
there was an existing evergreen buffer that would be maintained. It was
proffered in the past, but now is a development standard on the
proffered development plan.
• Mr. Hale asked about where trucks would enter the fuel center and the
possible back -up of traffic. Mr. Horne responded that the development
review process would focus on immediate transportation issues such as
turn lane analysis without getting caught up in the larger issue the City
has at the intersection. Staff stated that Section 36.2 -630 of the zoning
ordinance allows the agent of the Planning Commission to require various
improvements based on the traffic generated by the project.
Mr. Scholz asked if the applicant would provide additional traffic numbers
generated by the fuel center during development review for Traffic
Engineering department to review. Staff stated that was correct. They
could ask for additional information as needed and work with the
applicant to achieve an appropriate street design.
The following comments and questions were posed by the public at the
Planning Commission's April 8, 2014 public hearing.
Mr. Chris Kraft (1 501 Eastgate Avenue), Wildwood Civic League, stated
that he agreed with the development. The grocery store had been
abandoned and they looked forward to new investment in their
community. He stated that the traffic in the area was something the City
needed to address regardless of the development. He asked the
Commission to approve the request.
Mr. Joe Thompson (26 Carriage Lane, Troutville) stated that he was the
owner of the property and that is glad to be part of revitalizing the
corridor. There have been some issues with vacancy of business in the
area and this is an opportunity to move forward.
May� U4
Mar Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
]an Shaw, Planning Commission Agent
Joe Thompson, JETR, LLC
H. McNeish, MVG Development
Sean Horne, Balzer & Associates, Inc.
7
Z HM
OWN
A41 iddlo
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Plane: (540) 853 -1730 Fax (540) 853 -1230
Date: I3 -14 -2014
•1 4a8
RECEIVED ROAN O KE
MAR 18 2014 Click Nere'lo P k+t
CITY OF ROANOKE
PLANNING 9UILDI
Submittal Number: Amended Application No. l
❑ Rezoning, Not Otherwise Listed
❑x Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
❑x Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay Distdd
Address: 3419 Orange Ave
Official Tax No(s).: k1007112
Existing Base Zoning: ❑x With Conditions
If multi zones, ease manual) enter all districts. CG, Commerdal General
( pie pl y ) Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): ord, a 24525
With Conditions Proposed
Requested Zoning: LS, Commercial -Large Site F1 Without Conditions Land Use: Grocery Store and Fuel Center
Name: -T[rR I LLC. Plane Number. M -31"y S'C
Address: 133 ki jfYN S!✓,La`/Or/ E -Mail: ,ocGN criDsoRVt.Loh
Owners
Name: Phone Number.
Address:
E -Mail:
Applicanfs Signature:
Name: Plane Number.
Address: E -Mail:
Authorized Agents Signature:
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -173D Fax: (540) 853 -1230
Date: 3 -14 -2014
RECEIVED
MAR 18 2014
CRY OFROANOKE
PLANNING etn
Submittal Number Amended Application No. t
❑ Rezoning, Not Otherwise Lisled
x❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 13419 Orange Ave
ROANOKE
Click Here to Prkif
xj Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Official Tax No(s).: 7100712
Existing Base Zoning: Commercial- General
C E] With Conditions
G,
(If multiple zones, please manually enter all districts.) ❑ Without Conditions
Ordinance Nola). for Existing Conditions (If applicable): ord. 11124626
Requested Zoning: LS, Commercial -Large Site E] With Conditions Proposed Grocery Store and Fuel Center
❑ Witfout Canditions Land Use:
Name:
Phone Number.
Address: I J E -Mail:
Property Owner's Signature:
aV : T MSW
Phone Number. I w•�`'f ; -�O
T 7 i
Applicant's Signature:
Name: �r r4a �e2uE �a��ac` rCxcc aiz5 �K� PhonaNumber. --75-50
Address: P> C -c72 PC+ea rz L�/tcu= i2ev"OA 21016 E -Mail: �HoRN6@ 13414.�R c(
Authorized Agent's Signature:
ua... _ r ..::
Compisled application form and checklist
VWritten narrative explaining the reason for the request
N# Metes and bounds description, if applicable.
IXFdino fee.
owl
ROANOKE
Comprehensive signage plan meeting the requirements of Section 36.2- 336(dH2) of the City's Zoning Ordinance.
r Amended development or concept plan meeting the Application Requirements of'dem'2(c)' in Zoning Amendment Procedures,
PlY'if applicable.
fj,Wdtlen proffers to be amended. See the City's Guide to Proffered Conditions.
D7 Coov of orevtously adooled Ordinance.
plan meeting the requirements of Section 362.326 of the City's Zoning Ordinance.
previously adopted Ordinance.
I(PlAmended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the Citys Zoning Ordinance.
/Copy of previously adopted Ordinance.
#*A Traffic Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance.
/PA'Cover sheet
ATrafifc Impact analysis.
,dConcept plan.
)yIProffered conditions, if applicable.
P01equired fee.
'An electronic copy of this application and checklist can be found at www.roanokm.gov /pbd by selecting 'Planning Commission' under
Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
3419 ORANGE AVE.
REZONING REQUEST NARRATIVE:
The purpose of this request is to rezone Tax Parcel 7100712 from CG(c) (Commercial -
General with conditions), to CLS(c) (Commercial -Large Site with conditions) to allow for
the development of a new Grocery Store and a 6 Island Fuel Center. The petitioner is also
requesting to repeal the existing proffered conditions (Exhibit C) which are no longer
relevant for this property, and propose to proffer one new condition that will address the
landscape buffer that was originally proffered (Exhibit D). The property was originally
rezoned from RG- I(Geneml Residential District) to C -2(c) (General Commercial District
with conditions) in 1979. Since that time the property zoning designation was changed to
CG(c) when the City updated its zoning ordinance and zoning designations. The property
was most recently used as a Grocery Store and is currently owned by JETR, LLC
The Contract Purchaser, MVG- Development, is proposing to remove the existing 38,000+/ -
sf building (Old Kroger Store) and replace it with a New 42,000 + /- sf Grocery Store and a
new Fuel Center. It is necessary to remove the existing building and replace it with a new
structure because the existing buildings size and configuration will not meet the new user's
needs. It is important to note that the proposed Grocery Store and Fuel Center are both
allowed by right under the current zoning designation of CG. The reason for this request to
rezone to CLS is due to the need to remove the existing structure and replace it with a new
structure. Neither the existing structure nor the proposed structure meet the setbacks required
under the CG zoning designation, therefore the CLS zoning is required for this project.
The attached development plan (Exhibit A) shows the layout of the proposed improvements.
The existing buffer along Springtree Drive will remain in place and any material that is
damaged or removed due to the construction will be replaced with new evergreen material.
New landscaping islands will be provided throughout the parking lot and perimeter
landscaping will be provided as required by code which will add significant green space to
the existing bare asphalt parking lot. The proposed Fuel Center will consist of 6 fuel islands,
a canopy, a kiosk with restroom, and underground fuel tanks. The site will be accessed from
the existing entrances on King Street and from the existing Orange Ave. entrance that is
shared with adjoining properties. The site has been designed for orderly and efficient traffic
circulation with all traffic accessing the fuel center from the main access drives.
This Project is in conformance with City's Comprehensive Plan. The site is designated as
Shopping Center in the Hollins/Wildwood Neighborhood Future Land use Plan and the
proposed use certainly fits within this designation. This Project maintains the concentration
of higher density development at a key intersection as called for in the plan, provides reuse of
a partially vacant center, orients new commercial developments to the street, and provides
appropriate site design. This project rejuvenates an underutilized site and develops it with a
dynamic use to serve the community.
The increase in traffic over its previous use is projected to be below the threshold that would
require a Traffic Study. Please see the attached traffic summary (Exhibit B) for traffic
details. This project will be served by public water and sewer. The site will be developed in
accordance with all applicable regulations including, but not limited to, the Roanoke City
Zoning Ordinance.
On behalf of JETR, LLC and MVG- Development we are requesting approval of this
application for rezoning. This project will provide significant enhancement to the site and
provide a new service to the residents. It will provide for the rehabilitation of the existing
center and will be a valuable anchor for the surrounding businesses, which will serve to
further benefit the City of Roanoke.
l 93 lWo ow eNimine ONIN dd
3HOWON YO uo
{ jl�j �ll���i�i Y€ e O3AI3�3Tf NVld 1N3WdOl3A30- V 11913
1 R. A A ? I iS3 lN3WdOl 3Q=AVI tvs I i X 4
ii #
�� �� ^ o- 1 f � Y a 4•� :� �` i-- 'f+=1���= ,.Ili% � 1 j ,� I I I' � ��- q n
o� sal
it
oil
g
i ,1 ss
� V li rs a
jj of o
^J v
Y �
S
yby S� g EY
z
p a ($S$ �•B 1p,g'-a s^s °ea yy 5e5 a
i5a� �Yg Fi;i
e �¢YTY �o A 6
1 g}g} 33 3a3ay8b ag^
{g ` P a
Sqgy YB�� Efp�p�# 6 Y YY �! 9�.• a
a 88 A dd 'S
x u3bgbaz S iv
y
4 x e tae E: e§
��€ l
�b�9saC�d�Ta €eb
March 6, 2014
City of Roanoke
Planning Department
215 Church Ave. SW
Roanoke, VA 24011
Attn: Ms. Katharine Gray -- City Planner
RE: 3419 Orange Avenue NE
B &A, Inc. Job #81400021.00
Exhibit B
Ms. Gray,
The purpose of this letter is to address the traffic requirements for the proposed grocery store and fuel center
development located on Tax Parcel #7100712 at 3419 Orange Avenue, NE. Based on the Zoning Amendment
Process Guide, a Traffic hnpact Study is required "if a proposal will generate an increase in traffic of more than
one hundred (100) vehicle trips per peak hour or more than one thousand (1,000) vehicle trips per day."
The proposed development consists of a 41,839 s.f. grocery store and a fuel center with 12 vehicle fueling
positions. The trip generation for the proposed development is based on the 9' edition of the Institute of
Transportation Engineers (ITS) Trip Generation Manual.
The proposed grocery store is taking the place of an existing grocery store of approximately the same size.
Therefore, the grocery store portion of the development is not anticipated to contribute any additional trips to the
adjacent street network above what was generated by the previous grocery store use. The only anticipated
additional vehicle trips will be generated by the proposed fuel center.
Based on the ITE Manual, a total of 2,023 weekday trips, 146 AM peak hour trips, and 166 PM peak hour trips
can be expected for a fuel center of this size. However, it is reasonable to assume an internal capture reduction
and a pass -by reduction for Otis development. Based on the nature of the development, an internal capture rate
of 15% was applied for vehicles using the fuel center. Based on the ITE Manual, a 58% pass -by reduction was
applied in the AM peak hour and a 420/6 pass -by reduction was applied in the PM peak hour. To estimate a
reasonable weekday pass -by reduction, 0tese values were averaged to obtain a weekday reduction of 50 %.
Based on ITE guidelines, the internal capture was taken first and then the pass -by reductions were applied.
Using the assumptions listed above, the proposed development is estimated to generate an increase in traffic of
860 weekday trips, 52 AM peak hour trips, and 82 PM peak hour trips. Therefore, based on Roanoke City
standards, a Traffic Impact Study is not required for this development.
Please feel free to call me with any questions or comments.
Respectfully submitted,
BALZER AND ASSOCIATES, INC.
Christopher P. Bums, P.E.
Exhibit C
3419 ORANGE "E.
REZONING REQUEST
PROFFERS TO BE REPEALED:
The applicant hereby requests that the following proffered conditions enacted by
Ordinance No. 24626 be repealed as they pertain to Official Tax No. 7100712:
1. The petitioner would share in the cost of signalization of the intersection of King
Street, N.E., and U.S. Route 460 up to 50% of the cost at such time as the City
Engineer determined such signalization was necessary.
2. The Petitioner would not locate more than one entrance off Sprintree Drive, the
location to be determined by the City Traffic Engineer.
3. The petitioner would plan a tree buffer along Springtree Drive and the eastern
boundary of the site.
Exhibit D
3419 ORANGE AVE.
REZONING REQUEST
PROFFERED CONDITIONS:
The applicant hereby agrees to proffer the following condition as it applies
to Official Tax Number 7100712
1. The property will be developed in substantial conformance with the development
plan, prepared by Balzer and Associates Inc., Dated March 17, 2014 and
attached hereto as Exhibit A "Development Plan" and further subject to those
changes which may be required by the City of Roanoke during comprehensive
development plan review.
Isi
IL
I
cD
z
Z
0
N
z
Z
F3
y
X
W
H
N
W
D
O
W
z
Z
Z
O
N
W
W
Q
W
0
Z
9
O
m
si
m
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 29th day of May, 1979.
No. 24626.
AN ORDINANCE to amend Title XV, Chapter 4.1,
Section 2, of the Cade of the City of Roanoke, 1956, as
amended, and Sheet No, 710, Sectional 1976 Sane Map, City
of Roanoke, in relation to Zoning, subject to certain
conditions.
WHEREAS, application has been made to the Council
of the City of Roanoke to have a certain tract of land
located in the 3400 Block of Ring street, N.E., containing
5 acres, more or less, designated as Official Tax No. 7100701,
rezoned subject to certain conditions proffered by the
petitioners pursuant to Section 54.2, Chapter 4.1, Title XV,
of the Code of the City of Roanoke, 1956, as amended, from
RG -11 General Residential District, to C -21 General Commercial
District, as more particularly described in the amended
petition far rezoning filed with the City Clerk on March 26,
19791 and
WHEREAS, the City Planning Commission has recommended
that the hereinafter - described land be rezoned from RG -1,
General Residential District, to C -2, General Commercial
District, subject to the conditions proffered by the petitioners
in their amended petition; and
WHEREAS, the written notice and the posted sign
required to be published and posted, respectively, by
Section 71, Chapter 4.1, Title XV, of the Code of the City
of Roanoke, 1956, as amended, relating to Zoning, have been
Published and posted as required and for the time provided
by said section; and
WHEREAS, the hearing as provided for in said
notice was held on the 14th day of May, 1979, at 7:30 p.m.,
before the Council of the City of Roanoke, 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 recommendations made to the
Council and matters presented at the public hearing, is of
opinion that the hereinafter - described land should be rezoned
as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the
City of Roanoke that Title XV, Chapter 4.1, Section 2, of
the Code of the City of Roanoke, 1956, as emended, relating
to Zoning, and Sheet No. 710 of the Sectional 1976.ZOne
Map, City of Roanoke, be amended in the following particular,
subject to the conditions not forth in the amended petition
for rezoning filed with the City Clerk on March 26, 1979,
which petition is hereby incorporated as a part of this
ordinance, viz:
Property located in the 3400 Black of Ring Street,
N. E., containing 5 acres, more or leas, designated an
Official Tex No. 7100701, designated on Sheet 710 Of the
- 2 -
Section 1976 Zone Map, be, and is hereby, changed from
RG -1, General Residential District, to C -2, General
Commercial District, as more particularly described in
the aforementioned petition for rezoning, and that Sheet
No. 710 of the aforesaid map be changed in this respect.
ATTEST, J, / /
°`n'i{ If l
City Clerk
- 3 -
Roanoke, Virginia
May 14, 1.979
Honorable Noel C. Taylor, Mayor -
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request from Ms. Linda F. Steele, Attorney, repre-
senting gland A. Painter, requesting that a certain
tract of land located In the 3400 block of King
Street, N.E., containing 5 acres, more or less,
Official Tax No. 7100701, be rezoned from RG -1,
General Residential District, to C -2. General Com-
merclal District.
The above -cited matter was first considered at a public hearing by the
Planning Commisslon on March 21, 1979, at which time the recommendation of
the Planning Commission was for denial of the request. Roanoke City Council
granted permission to the petitioner to file an amended petition and referred
the matter back to the Planning Commission on March 26, 1979,
The Planning Commission held a public hearing on the amended request -
conditional zoning an April 18, 1979. The conditions added to the rezoning
request were:
1. The petitioner would share in the cost of signalizatlon of
the Intersection of King Street, N.E., and U.S. Route 460
UP to 50% of the cost at such time as the City Traffic
Engineer determined such signalizatlon was necessary.
2. The petitioner would not locate more than one entrance
off of Springtree Drive, the location to be determined
by the City Traffic Engineer.
3• The petitioner would plant a tree buffer along Springtree
Drive and the eastern boundary of the site.
The staff report (attached) recommended that the request should be approved.
Access off of Springtree Drive would be controlled through the site plan review
Process (refer to letter from City Engineer attached to staff report). The
Members of Council
Page 2
May 14, 1979
petl tioner has modified his site plan and currently shows no access off of
the Springtree Drive residential street. The Impact on the adjoining residen-
tial area would be reduced by the provision of the tree buffer. Property Imme-
diately across Springtree Drive is to be developed as a lake. The need for a
supermarket in the area is evident and this proposed development would address
that need.
Upon due consideration of the request, motion was made, duly seconded, and
unanimously approved (5-0) to recommend to City Council that this request be
approved.
Respectfully suubbm�itted�,�
Ja n•P. Br�haw�, Chair
man -k�-=
Roanoke City Planning Commission
JCR:mp
attachments
cc: Mr. Dlbling
Mr. Kiser
Mr. Brady
cr ncc OF Cm PLANMN
CR PI- 1,HNINC CCMMISSIaN
TO WHOM IT MAY CONCERN:
(pity of 11oauolcc,
tltrglfilll.
April 9, 1979
Poom sew
mUMCI PwI eYl�amai
11 C IIV
A K E. VI M 2401
"W'9e I -2344
A
The Roanoke City Planning Comm ission will hold a public hearing an Wednesday,
ril 18 1979, at I:30 p.m., in the Council Chambers, fourth floor,
eiPal Bu,Td_
ng
rq uest: , 215 Church Avenue, S.W., in order to consider the following rezoning
request:
Request of Mr. Bland A. Painter, III, requesting that a certain
tract of land located In the 3400 block of King Street, N.E.
containing 5 acres, more or less, Official Tax No. 7100701, be
rezoned from RG -1, General Residential District, to C -2, General
Commercial District, such rezoning to be subject to certain con-
ditions proffered by the petitioner.
According to our records, you own property that is adjacent to the tract of
land proposed to be rezoned. If you would care to make any comments concerning the
proposed request, you are welcome to attend the Public hearing as listed above.
Also, feel free to contact our office at the above - listed number If you have any
questions regarding the petition. Ink you.
W;Iliam G. Kuthy, Secretary
RaanOke City Planning Commission
/mp
P.S. A sewer map showing the proposed property to be rezoned is attached for your
convenience.
Y' f'
Y
0 I�
FIA
W
W
Q
.p
CONSIDERATION OF PETITION TO REZONE
DATE: April 9. 1979
A PETIT J.t TO REZONE:
FROM RG -1 DISTRICT TO C -2
aT
D -STRIM
�'
TOTAL AREA OF LAND: 5.558 acres `— —
' • v
LOCATION AND DESCRIPTION: Near the
intersection of Orange Avenue and
King Street, N.E.
■
PETITIONER: Bland A. Painter,
III
REPRESENTED BY: Linda F. Steele,
Attorney
PLANNING RECOMMENDATION:
After due consideration of the below noted factors,
the planning staff recommends through
their agent this petition to rezone be:
(1) Approved x (2) Rejected (3)
Tabled pending further study
Date: 4/11/79
Agent: Jens C. Appel, III for
GENERAL COMMENTS CONCERNING RECOMMENDATION: (1)
Staff recommends against any entrance
onto Springtree Drive, the residential drive. King
Street and Orange Avenue entrances
should provide adequate access without Involving the
residential street. (2) As the
petitioner owns three adjoining C -2 lots, they could
be used for future expansion of
proposed store with a direct access to Orange Avenue.
(3) City sewer Is not available tc
serve the site now, but as the attached letter from
the petitioner shows, this can be
resolved. The City Engineering Department's opinion
Is that the existing private sewer
llneson Orange Avenue (10 ") and King Street (411) have adequate capacity to carry addition
flow from the proposed facility If the petitioner is
allowed to pump sewerage Into either
of these lines. (4) Removal of the first concern expressed, the proposed entrance onto
Springtree Drive, would Change this recommendation to a favorable one. Please refer to the
attached letter from the City Engineer regarding site plan review.
BASIS FOR RECOMMENDATION
W
Z
vt
W pp
Y S
NEUTRAL: Response not significantly relevant to this petition
•y-
LAND USE:
1. Is there currently available within a mile radius of the petitioner's site
an adequate supply of vacant and /or undardeveloped land zoned the saws as per the
petitioner's requested classif l Cation? On the north side of Orange Avenue near
the site Is a 62.76 acre vacant trace o T lana zoneo On August
Shopping center.
ND US J,,
X
2, Is the overall City -wide availability of lands zoned the same as the peti-
tioner's requested classification adequate?
LAND USE:
9. If the petitioner's site Is rezoned as per the request, would the future
development of that site be compatible with existing adjacent land uses?
LAND USE:
4. Are there any barriers, natural or man -made, between the petitioner's site
and the adjacent uses?
TRANSPORTATION
X
S. If the petitioner's site were to be rezoned as requested, would development
on the road network have an adverse Impact (added DT)? C -2 zoning would signifi-
cantly increase generated trips over RG -1 eon Ing (20,006 sq. t. ). RG- ADT
C-2 - 2.500 T. gna w 1 be needed at Urange Avenue and King street.
NM •
6. Does the site In question have any natural characteristics such as those
relating to flood plains, surface drainage, slope stability or topography which
would signifl cantly effect development?
UTILITIES!
7. If rezoned as per the request, would the likely development have an adverse
Impact on the following municipal utilities as compared to the likely Impact of
probable development under the current zoning? A. Water
B. Sanitary Sewers City sewer is not cur-
rently available. Annexation Court man; C. Storm Sewers
dared this Sewer to DC Dutir y
NNINC POLICY:
8. Is the requested zoning classification In accordance with current land use,
transportation and community facilities plans and pollcles? This site is In the
�rowing section of Che Roanoke Valley. There Is no such grocery s ore n s
enera area an emen s avy. uc propose ma as sen se�from tie common y
service point or view.
9. OTHER FACTORS CONSIDERED:
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
DATE: April 11, 1979
TO: Mr. William G. Kuthy.�p Secretary, Roanoke City Planning Commission
FROM: Mr. Thomas F. lirady M ty Engineer
SUBJECT. 5.5 acre tract of land (Official Tax No. 7100701)
Request for rezoning from RG -I to C -2
Entrance to Springtree Drive
Section ;I Site plan approval., of Chapter 4.1, Zoning of Title KV, Roanoke City
Code (1956f, as amended, provides that the City Engineer approve all, changes to and /or
usage of publicly- dedieated street rights- of-way. Two specl fic areas of review are
the maintenance of "the character and Integrity of neighborhoods by promoting excel-
lence of development, preventing undue traffic hazards or congestion ", and the
approval of the low tion of entrances and exits.
This office has reviewed the proposed site of the Thrlftway shopping center and a
proposed site plan. This Is to advise that this office will more than likely prohibit
the installation of any entrance or exit on Springtree Drive to serve the proposed
commercial use. The site can he adequately served by entrances on Orange Avenue and
on King Street and the Inclusion of an entrance on Springtree Drive would not be In
the best interest of the residential area adjacent to the proposed development from a
traffic engineering standpoint. The actual number of entrances and their exact loca-
tions will be decided as part of the site plan review process and In no way should
effect the rezoning.
TFO:mp
Roanoke, Virginia /N" Q,
April 25, 1979
�ng1i19
Honorable Mayor and City Council y
Roanoke, Virginia
Subject: Rezoning Petition filed by Ms. Linda F. Steele,
Attorney representing Bland A. Painter, III.
Dear Members of Council:
Petition has been reviewed as to all proffered conditions for the re-
zoning of property designated as Official Tax Map Number 710- 07 -01.
In my opinion, as the inning Administrator, the proffered conditions
for this rezoning would not require a bond or similar guarantee from
the petitioner. However, I feel the proffered conditions in paragraph
"C ", regarding screening by planting trees four to six feet in height,
not more than twent 20 feet apart, should be accomplished prior to the
issuance of a building permit, and I will make this recommendation to
the Building Commissioner.
Section 54.3 of the Zoning Chapter provides that "Failure or refusal to
meet or comply with any and all conditions imposed as a condition for
rezoning shall constitute cause to deny the issuance of any of the re-
quired use, building permit or occupancy permits, as may be appropriate."
Respectfully submitted,
W. G. Light,
Zoning Administrator
WGL /sw
cc: City Manager cc: K. B. Kiser, Director Utilities and Operations
cc: City Attorney ' cc: Ms. Linda Steele, At�to�rneeyy/� -� ,,
IN THE COUNCIL OF THE CITY OF ROANOKE
RE:
CITION TO THE COUNCIL OF THE CITY )
ROANOKE, VIRGINIA, PURSUANT TO THE )
)VISIONS OF ARTICLE VII I, CHAPTER 4.1, )
fLE XV OF THE CODE OF THE CITY OF )
6NOKE, TO AMEND THE PROVISIONS OF )
; ZONING ORDINANCE OF THE CITY OF ) AMENDMENT TO
,NOKE FROM RG -1, GENERAL RESIDENTIAL ) PETITION
TRACT TO C -2, GENERAL COMMERCIAL DISTRICT, ) TO
A TRACT OF LAND LOCATED IN THE 3400 BLOCK ) REZONE
KING STREET, N. E. DESIGNATED ON TAX )
RAISAL MAP OF THE CITY OF ROANOKE, VIRGINIA j
NO. 7100701 )
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA:
1. Your Petitioner, Bland A. Painter, III, has pre-
viously filed a Petition to Rezone a certain tract of land located
in the 3400 block of King Street, N. E. containing 5 acres, more
or less, official tax no. 7100701, which is currently zoned RG -1
General Residential District, and your Petitioner desiring to
amend his petition to rezone hereby proffers and agrees that the
requested rezoning of the property in accordance with the pro-
visions of the Zoning Ordinance of the City of Roanoke will be
subject to the following conditions:
A. At such time as the City Traffic Engineer determines
that signalization at the intersection of Orange Avenue and King
Street, N. E. is necessary, Petitioner agrees to share the cost
of signalization with the City of Roanoke and with other land-
owners in the area who would Potentially benefit from signaliza-
tion. Petitioner's share of the cost shall be negotiable at the
time of signalization but in no event shall it exceed fifty per
cent of the cost of signalization.
B. Petitioner agrees to locate not more than one
entrance for the use of its customers Off of Springtree Drive,
the location to be determined by the City Traffic Engineer.
•ICYYyry0. YA.
�qu
C. In order to provide some screening of sight, noise,
nd headlights, Petitioner agrees to plant indigenous trees four tc
ix feet in height, not more than twenty feet apart, as a shield ox
uffer along the boundary of the site where said site is adjacent
r
o epringtree Drive., No building or paving shall be located with-
n twenty feet from the boundary of said site along Springtree
WHEREFORE, your Petitioners pray that the described
.1 estate be rezoned as requested in accordance with the
ivisions of the Zoning Ordinance of the City of Roanoke and
accordance with this Amendment to the Petition to Rezoning.
Respectfully submitted
BLAND A. PAINTER, III
,
By
3f counsel
400dward, Fox 6 Wooten
P. O. Box 12247
Roanoke, Virginia 24024
WL!!.Lw IL Zal,�iiL2z*J,
�(ff udl Cd. f'&t4 Ant 'ed
Uu 1 da i�P'
V114" li ' 16C1 O'Lclkt
31s3 l'7awx
OLvex", -4, a � vev
,e/"'JG. e /illy,J-h
44k 4 a',
i7aam�• C. �,..1
�io�•µ -�G� u4 avoia
N r I 1
Y m
u O
r
RICO ✓S. !.. [.I •.nt li• +1..
y.r
!' Au•...I M.wn
5 AU. .........
V Vsna I.5. '.• /1. 1'r' 9.5'I
•.'
'^
IL /� I
/..b.... ....
'S'1`r_M1G 1!
.���-
n vl
Alvll,�,~.• _• —.
•I�
_
i
z
S2 /•oar
c�
�
372•p�K
u'ti
N r I 1
Y m
u O
U 441- Ttcr.;
Gl.t: O.O. i't4.Oy.2Y¢
SPNINGTREF.
PLAT GOOK 7
PAGE 36
6595 Actaer,
so_�iw
°u +T ---O .vv.i ,
V / R[. lull '' +�!GeN Onv YI RT.
r4m. G53
(.RECEIVED
MIA an
F" o r
KNIM FRALIN w WU � WALoRoN,_INC. OF G'9 j(j Sh U.\
ROgIJOK[ cau N-Tyi
VlRCluln,
MARL N I 1�N15R+, Y •)U�VIi \ORS
_.. z00
+ N
1' o
V G
�
W
s e
n
O
V C
i
z
S2 /•oar
c�
�
372•p�K
u'ti
-�'
CONTRACT OF
d
SALE
c
oar
+I
Mm
O S..SSB vi
` 0•
J^
5> a
y
[O 0
+—
U 441- Ttcr.;
Gl.t: O.O. i't4.Oy.2Y¢
SPNINGTREF.
PLAT GOOK 7
PAGE 36
6595 Actaer,
so_�iw
°u +T ---O .vv.i ,
V / R[. lull '' +�!GeN Onv YI RT.
r4m. G53
(.RECEIVED
MIA an
F" o r
KNIM FRALIN w WU � WALoRoN,_INC. OF G'9 j(j Sh U.\
ROgIJOK[ cau N-Tyi
VlRCluln,
MARL N I 1�N15R+, Y •)U�VIi \ORS
_.. z00
CONSIDERATION OF PETITION TO REZONE
DATE: March 15, 1979
A PETITION TO REZONE:
FROM RG -I DISTRICT TO C-2 M -
DiSTRI--
TOTAL AREA OF LAND: v ' •�� -,
5.558 acres ' '- �' • v
i
LOCATION AND DESCRIPTION: Near the
f
Intersection of Orange Avenue and
King Street, N.E.
a.
P w �
PETITIONER: 7hriftway Supermar-
kets
REPRESENTED BY: Bland A. Painter
PLANNING RECOMMENDATION:
After due consideration of the below noted factors, the planning staff recommends through
their agent this petition to rezone be:
(1) Approved (2) Rejected xx (3) Tabled pending further study _
Date: 3/15/79 Agent: W. G. Kuthy
GENERAL COMMENTS CONCERNING RECOMMENDATION ;(I)We do not know if the site would utilize
Springtree Drive or not. However, any direct access from the site to Sp In tree Drive
(residential street) should be prohibited for safety reasons (2) As the Petitioner
owns three adjoining C -2 lots, they could be used for future expansion of proposed store
with a direct access to Orange Avenue. (3) Public sewer Is not available to serve the
site now, but as the attached letter from the petitioner slows, this can be resolved
The City Engineering Department's opinion Is that the existing private sewer lines on
Orange Avenue (10 ") and King Street (411) have adequate capacity to carry additional flow
from the proposed facility if the petitioner is aliowedto pump sewe rage Into either of
these lines. (4) Visual impact on the adjoining Springtree subdivision which is under
( CGMMENTS CONTINUED ON ATTACHED SHEET)
(4) continued:
construction. Needs a screening buffer. (5) Development on this expanded site would
result in the need for a traffic signal at the Orange Avenue and King Street Inter-
section.
Removal of the concerns expressed would change this recommendation to a favorable one.
BASIS FOR RECOMMENDATION
J
eq
NEUTRAL: Response not significantly relevant to this pet itlpn
r
_W
W O_
LAND USE:
I. Is there currently available within a mile radius of the petitioner's site
an adequate supply of vacant and /or underdeveloped land zoned the sans as per the
Petitioner's reratted elassif l cation 7 On the north side of Orange Avenue near
the site is a 62.76 acre vacant tract o and zoned on Au ust 2 197 for a
LAND Uffiffor
2. Is the overall City-wide availability of lands zoned the same as the peti-
tioner's requested classification adequate?
x
XD
3. If the petitioner's site is rezoned as per the request, would the future
development of that site be compatible with existing adjacent land uses?
LAND USE:
4. Are there any barriers, natural or man -made, between the petitioner's site
and the adjacent uses?
TRANSPORTATION
5. If the petitioner's site were to be rezoned as requested, would development
on the road network have an adverse Impact (added AD C -2 ion ing would increase
C1
generated trios over RG -1 zoning. RG -1 a 225 ADT: C -2 - 575 ADT. Signal may
%
soon be needed at Orange Avenue and Kin Street.
N NTAL:
6. Does the site in question have any natural characteristics such as those
relating to flood plains, surface drainage, slope stability or topography which
would significantly effect development?
UTILITIES:
7. If rezoned as per the request, would the likely development have an adverse
Impact on the following municipal utilities as compared to the likely Impact of
probable development under the current zoning? A. Water
B. Sanitary Sewers sewer is not currently
nexatiQa�r1_m,datmd this, C. Storm Sewers
sewer to be built 6 1 1 1.
U
R. Is the requested zoning classification In accordance with current land use,
transportation and community facilities plans and policies? The site Is in the
growing section of Roanoke Valley. There is no such grocery store in this general
area and demand is heavy. Such proposal makes sense from the community service
point of view.
9. OTHER FACTORS CONSiDEREO:
CLTY OF ROANOKE
INTERSECTION NOVENENT COUNT AT THE
INTERSECTION OF Oran, • - -. Kf F c
STATION NO. DATE August 30. 1978 DAY -- - Thuredav
n N
I 11731
F. fJ M N 1
RECORDER
!41716 96 Eastbound U -Turns For The Day
ON KJ,X
Srr,
ON
Oran a
Averue
North
HOUR
BOUND
BOUND
BOEND
West
LEFT TIIRU
RIGHT
LEFT THRU RICIIT
LEFT
THRU
RICHT
LEFT
THRU
RICHT TOTAL
7:00-7: 10
9
37
168
9
76
334
583
7:30 -8 :00
17
38
151
4
37
543
790
3:00 -3:30
13
21
185
3
33
285
540
8130 -9:00
8
23
237
7
61
277
613
9:00 -10:00
12
55
412
16
80
454
1029
10:00 -11 :00
12
55
347
5
60
387
874
11:00 -12:00
9
63
373
18
23
382
86g
2.00 -1 :00
1.00 -2.00
2.00 -3:00
3:00 -4:00
4
3
961
4:00 -4:30
4
266
3
42
240
6 7
4 :30 -5:00
5
404
6
257
773
5:00 -5:30
4
4
2 7
7
.5:30 -6:00
3
6
6
5:00 -7 :00
_
r
TOTAL
38
TOTAL
1021
5593
6138
2 75�
n N
I 11731
F. fJ M N 1
RECORDER
!41716 96 Eastbound U -Turns For The Day
CITY Or RC." -NU}tE
INTERSECTION MOVEmEN —1 <OL'N+•.T
DATE L-g 10, 1978Dn.Y Thursday W E
f e
1" GUR CCUNT 7 am -lam +�_ S f
•�- ,_�12, 363
w;
�i
N
V
r
—!--HOUR GOU%iT 4:30 . mn -5:30 pm (DWE
Orange Avenue
TEC- 5
N. E.
DATE: 10,197R
UAPRAli f SICf'1lL
lW',!tAvlr Vchicularlolume
FIffrofPc VM Im,cr
llfgteit
1{i a,. Orange AvQnne
.t,jvmt__
Eight
Highest
Hours
Kin& treat
Minor S reet
Observec V ar-rint
1 7 -am-. 8- aj
1272 600
7 am- 8 am
101
750
_600
pm
101
762__..
1 pa, 2 m
8
150
600
2 pm- 3 pm
73
3 X--__4 2]
1309_.__6Q0
600
3 pm- 4 pm
96
lin
dl_
____
-
pm-
4 pm- 5 ym
81
i
750
750
5 m- 6 pm
112
--.ILGL--
ISO
5 pm- 6 pl
1197
_750
6
931
600
6 m- 7 pm
97
150
T_ �jk
7SA
1200
6000
TRAFFIC SIL M_ VOLUME NRRRART SU+iWRT
IPinT:0.1:_..Ornnra Avenuc and Ktnr Street. N. E.
GiiE:_.- _n_!ur+:�la:y.4iCust 20, 7978
L0%:.:+i: l6'FF1C SIWC4_
':Lnc74T CU -SS:. Interrul.tinn nF Con[inuau9 TraF Fit
FNFFRM' Mll !rxc
E1gnt
H!Sheet
R:Hgs ---
Orange
.' or St!
OSg.'era _—
Avenue
t
rLillll_
Eight
Highest
Murs
King Street
Minor Street
Observe
Me rant
i— --
;t,
-_-- _'_ - -.
,;
I7 am -8_An
__ 12 ?2_
__94
-
1373..._ ___
B pm- „j_a!q
_ 108��___
._942.—
-
{!
75_ ...1I
1189 ------ _.
--1051__-'
_.._ 97i.._..._
2-an -I amj.__27�_.__
_'940_
_
- II”
._975.
?..Pi^.L
_
-_200
75 _...II
_ 1023l
!
_975 _.._.
_ 900
96
3 Dm- 4 p
-950
565
!
75
.97tL
97 -5 -
I _ 900_.
-
0- S
3
_ I
- 1390_
_
_27S _
- 6 m
6 Qm =.2s@
119�
_231.___I
._
—_940_
-
7_
__1309___925
-- -- .i
.__975
__
107A.
- -- .. __-
_ — 957.
._ .
7200.
750
►r
600
-
9324
75n4
1
I rl�l
/Oj �'� ��� ON
C\
�
JJJJ l
S
,THRIFT _ ifAYI
SUPERMARKETS
I r. Jahn P. !;ladshaw, Jr.
Chainaan
..oanoac City Plennin, Com- Assion
:.sore l,ii
unicipal 'uildin,
aoano'.e, `iirLinia 24011
PHONE992-1500 P.O..9O %275 rROUTVILLE,VA.24175
arch C, 1914
1,ef: ..ezoninG ; eduast 4,5 Acres in 3400 :coca of Biq stract
Dear x. Lradshaw:
MURWI
RECEIVED
WXI E CRY
pIRNInG OFFICE
In response to your plannin,,, staff's question roCardino availability of
pu:alic sewer service to the subject property, i.t is felt that we have
several alternatives. A Lravity main is located on the Forth side of
Oran -e Avenue, directly across from property we now oun. The adjacent
Sprin• tree Development is accessin, . this rain by nears of a forced line
runn + =._ under Clan; a Avenue thru a lame mrlent waterwk,.
Conversations trig: t•ae City lin ineerint Departracnt indicate that tide
sale avenue is available to us, oWler by use of a soperata forced :m'.n
or �,y t,-in,, into the e:istik line.
:pit.. re and to pi0olic water, a eit lain runs alon• lin Street for the
entire lcn,tta and on the sa:.ie side as the subject property, A firs
1 „4hant is located a. do come.. o; 3n. in, ..roe Drive and Lind street.
.ihoL10 ;ou need additional lnforrati.on or have questions, please lot . -is
Enos.
Sc::acd'.fnl1 ,
?land A. Pairrcer, III
:AP/s,
3419 Orange Avenue TMN 7100712 Adjoining Property Owners List
TAXID LOCADDR
7090510 3353 ORANGE AVE NE
70905110 ORANGE AVE NE
7090513 3404 KING ST NE
7090514 3402 KING ST NE
7100601 3339 KING ST NE
7100703 3407 ORANGE AVE NE
7100704 3425 ORANGE AVE NE
7100711 3401 ORANGE AVE NE
7100714 3429 ORANGE AVE NE
OWNER
BUDGET MOTELS INC
BUDGET MOTELS INC
TAYLOR HOUSE LLC
TAYLOR HOUSE LLC
F W PROPERTIES LLC
THE RESCUE MISSION OF ROANOKE INCORP
THE RESCUE MISSION OF ROANOKE INCORP
J R N CHICKEN STORES INC
SIXTY NINE SEVENTY THREE ROANOKE LLC
OWNERADDRI
10605 -A GASKINS WAY
10605 GASKINS WAY
PO BOX 5306
PO BOX 5306
PO BOX 100
402 4TH ST SE
402 4TH ST SE
PO BOX 22845
1800 OLD OKEECHOBEE RD STE 100
MAILCITY
MANASSASS
MANASSAS
CHARLOTTESVILLE
CHARLOTTESVILLE
DALEVILLE
ROANOKE
ROANOKE
OKLAHOMA CITY
WEST PALM BEACH
I f wee^.. I rlNl9aln'3NONVOa fo un ^ d� 8 8
R
€ tl ° # ��1t !8 Jtl E w xNVrnx NV d 1N3WdOUA30— V L8HX3
E ! jv5�tl�I, k 6 x is3no3a oNlNOZ3a 3nx3nv 3oNwoarrc y e c s
_ 1N3M,4n-
'` T— p 3/,INU 33iLL`INIHdS 8
r,
ZO
GC
UUV//Y^
- � o
Y rca
�@
re °V 31 _{f _H . � �z
v ilia
ov— ° °°°t° a—
VAI
y
,
y �R
p n Cyk ip 84 aS qe5 ae yySx
p rs 9 R$:
z Y eR'x gugazac -__
gg33 �§ � yea
fig �6 Ce s'� qY AaReap�z xq is
Fc H Pia i €a 1.52 F £�d°En Y ^a 9 $g cs§ e
w
AFFIDAVIT
APPLICANT: JETR, LLC
LOCATION: 3419 Orange Ave., N. E.
REQUEST: Repeal proffered conditions and rezoning
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 26th day of March, 2014,
notices of a public hearing to be held on the 8th day of April, 2014, on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No and Owner's Name and Address
7090510,7090511
BUDGET MOTELS INC
10605 -A GASKINS WAY
MANASSASS VA 20109
7090513,7090514
ATTN: DOUGLAS E CATON
TAYLOR HOUSE LLC
PO BOX 5306
CHARLOTTESVILLE VA 22905
7100601
F W PROPERTIES LLC
PO BOX 100
DALEVILLE VA 24083
7100703,7100704
THE RESCUE MISSION OF ROANOKE INCORPORATED
402 4TH ST SE
ROANOKE VA 24013
7100711
% SAVAGE, SAVAGE & BROWN
J R N CHICKEN STORES INC
PO BOX 22845
OKLAHOMA CITY OK 73132
7100714
SIXTY NINE SEVENTY THREE ROANOKE LLC
1800 OLD OKEECHOBEE RD STE 100
WEST PALM BEACH FL 33409
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of March, 2014
Notary Public
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #28207
My Commission Expires
,ftw The Roai.oke Times
Roanoke, Virginia
Affidavit of Publication
The R.oanokP 'limes
CITY OF R.OANOKE, PDV
CITY PLANNING COMMISSION
215 CHURCH AVE, R00MI66 SW
ROANOKE VA 24011
REFERENCE: 80075514
13577334 PUBLICHEARIN.NOTICEA
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times -World Corporation, which corporation
is publisher ct the Ruanuke Tines, a daily
newspaper published in R.van..kc ir. the State of
Virginia, do certify _;,,at r",e annexed notice was
published in said newspapers on the fo.:lowing
dates:
City /County of Poanoke, Comrt,cnwea'_•th!EJtate rf
Virginia. Swcrn and subscribed refere me this
ruts. day of , 2014. Witness my hand and
official sea'_.
;;r_,tary Public
PUBLISHED OF: 0312E ( %4102
TOTAL COST: 7.,188.98
,`tat.aVtNr,rr
PU6t1C
C ' NYCJMNkS51p// :
M
f11�Adett�t aWtt��II�
I
i All OablIC baatiago
I AAYP�NO N
re4oleM aay m oPtlt�od
a, �pAa�rapHola.te ie ib°
Pl
Plan aWp
01 it 6101
l6f111i tetnett/tw
I
Prior to the .°MCWso etl11
It, City of Ranookal
I N no Gfl
on
And �4 ,Met iw
I ° wrA to
x1,r �1116owt�
A rnounot 1100 ittoCf
Robottn to youleaftatty
( di{MMtMMr Vogl" me
=baw ywWO M the
tablet amenity
A onnne' SrEa entries
1 tamed Tax Aiii m.
•/
'
^•i O ....... �Q� :
`
Ial
I any or!
sub*""
F
!!!!!A ;� 0bf1�
.'oluito6
FILED ON; 04/02/14
--
t
1
and llaat
toand +n
tows M (lilleld, with a
�
tl 141 ld
the
oft NNo
deadnowma
rvx _
Authorized - --_.. e
9. Servi_es
Signature: C-Lr-
m
Pidiotf Oonaiam.
E#Crft ry: IAq Planning
MM 1 WAUC
. Mo�n ayre 21,
201i, h .M., er M
aoaaaaaM mmbw may Oe
hmm.
SroplMnis M, Mon ". MMC,
L1gCWk
I1xlrap
cm
tit
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166,215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925 - 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial- General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5a' Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial - Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
(540) 853 -2541
March 21, 2014 11:50 a.m
STEPHANIE DI. MOON REYNOLDS, AIMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
E -mail: clerk('roanokeva.gov
April 14, 2014
Sean Horne, Agent
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
JONATHAN E. CRAFF, CHIC
Deputy City Clerk
CECELIA T. )NEDD, CHIC
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
April 21, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on a request of MVG Development, LLC, to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue, from
CG, Commercial - General District, with conditions, to CLS, Commercial Large Site District,
with a condition pursuant to Ordinance No. 24626 adopted by the Council on May 29, 1979.
The City Planning Commission at its meeting held on Tuesday, April 8, 2014, on a 4 -0 vote,
approved your request. If you would like a copy of the Planning Commission report, please
contact Rebecca Cockram, Secretary, City Planning Commission, at (540) 853 -1130.
Lastly, it will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Sean Horne
April 14, 2014
Page 2
pc: Budget Motels, Inc., 10605 -A Gaskins Way, Manassas, Virginia 20109
Taylor House, LLC, Attn: Douglas Caton, P.O. Box 5306, Charlottesville, Virginia
22905
F W Properties, LLC, P.O. Box 100, Daleville, Virginia 24083
The Rescue Mission of Roanoke Incorporated, 402 4th Street, S. E., Roanoke,
Virginia 24013
Savage, Savage and Brown, J R N Chicken Stores, Inc., P.O. Box 22845, Oklahoma
City, Oklahoma 73132
Sixty Nine Seventy Three Roanoke, LLC, 1800 Old Okeechobee Road, Suite 100,
West Palm Beach, Florida 33409
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540)853 -1145
F_m oil• rlrr4/ulrnnnn hrvannv
S'I'EPIIANIE M. MOON REYNOLDS, MMC
City Clerk
April 22, 2014
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 39918 - 042114 amending and reordaining
Section 36.2 -333, Floodplain Overlay District (F), of Chapter 36.2, Zoning, Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying the
City's Zoning Ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, April 21, 2014, and is in full force and effect upon its
passage.
Sin I"
-� tepf,anie M. Moon Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver. Director of Finance
Candace Martin, Secretary, City Planning Commission
s
IN THE COUNCIL, OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39918- 042114.
AN ORDINANCE amending and reordaining Section 36.2 -333, Floodplain Overlay
District (F), of Chapter 36.2, Zonin , 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. Section 36.2 -333, Floodplain Overlay District (F), of Chapter 36.2, Zonin , of the
Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
Sec. 36.2 -333. Floodplain Overlay District (F)
This ordinance is adopted pursuant to the authority granted to localities by VA Code ¢15.2-
2280.
(a) Purpose.- The purpose of the Floodplain Overlay District (F) is to provide mandatory
floodplain restrictions for FEMA compliance.,
The intent of the regulations in this
section is to prevent the loss of property and life, the creation of health and safety
hazards, the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
(1) Regulating uses, activities, and development which, alone or in combination
with other existing or future uses, activities, and development, if unregulated,
will cause unacceptable increases in flood heights, velocities, and frequencies;
1
(2) Restricting or prohibiting certain uses, activities, and development from
locating within areas subject to flooding;
(3) Requiring all those uses, activities, and developments that do occur in
floodprone areas to be protected or floodproofed against flooding and flood
damage; and
(4) Protecting individuals from buying land and strictures which are unsuited for
intended purposes because of flood hazards.
(b) Establishment of floodplain areas.- For the purpose of the regulations prescribed in
this section, there are hereby created various floodplain areas subject to inundation by
waters of the 100 -year flood. The basis for the delineation of the floodway, the flood -
fringe, and the approximated floodplain, shall be the flood insurance study for the
City of Roanoke prepared by the Federal Emergency Management Agency, Federal
Insurance Administration, dated September 28, 2007. A copy of the flood insurance
study, , and the flood insurance rate neap,
shall be filed in the offices of the City Clerk and the City Engineer- and are hereby
declared to be a part of these regulations. The floodplain areas shall consist of the
following:
(1) The floodway is delineated, for purposes of these regulations, using the
criterion that certain areas within the floodplain must be capable of carrying
the waters of the 100 -year flood without increasing the water surface elevation
of that flood more than one (1) foot at any point. These floodways are
specifically defined in Table 4 of the flood insurance study and as generally
shown on the accompanying flood insurance rate map.
(c) Applicability.
(2) The boundaries of the floodplain areas previously described in subsection (b),
above, shall be established as shown on the flood insurance rate map: and
flood study.
(3) The delineation of any of the floodplain areas described in subsection (b),
above, may be revised by the City Council where natural or marinade changes
have occurred or where more detailed studies have been conducted or
undertaken by the U.S. Army Corps of Engineers or other qualified agency, or
an individual documents to the satisfaction of the Zoning Administrator and
City Engineer the need for such change. However, prior to any such change,
approval shall be obtained from the Federal lasufa+tceh'nnergency Management
Administration.. -, Region 3.
(4) Interpretations of the boundaries of the floodplain areas described in
subsection (b), above, shall be made by the Zoning Administrator.- in
consultation with the City's Flood Plain Manager.
(d) Compliance. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged, or altered except in frdl compliance
with the terms and provisions of this ordinance and any other applicable ordinances
and regulations which apply to uses within the jurisdiction of this ordinance.
(dj(e) Abrogation and greater restrictions.
(1) These regulations supersede any regulations in effect in floodplain areas.
However, any underlying regulations or restrictions shall remain in full force
and effect to the extent that their provisions are more restrictive than the
regulations as set forth in this section.
(e)
(e)(f) Severability.- If any section, subsection, paragraph, sentence, clause, or phrase of
this section shall be declared invalid for any reason whatever, such decision shall not
affect the remaining portions of this section or chapter. The remaining portions shall
remain in full force and effect, and for this purpose, the provisions of this section and
chapter are hereby declared to be severable.
(g) Submitting Technical Data. A community's base flood elevations may increase or
decrease resulting from physical changes affecting flooding conditions. As soon as
practicable, but not later than six (6) months after the date such information becomes
available, a cone n inity shall nolijj) the Federal Emergency Management Agency of
the changes b"y submitting technical or scientific data. Stich a submission is necessary
so that upon confrrnration aJ'those physical changes affecting flooding conditions,
risk prendum rates and flood plain management requirements will be based upon
current data.
(13(h) Definitions.- Certain terms and words used in this section shall be defined as set
forth below. Where any conflict exists between the definitions below and those set
forth in Appendix A, the definitions of this subsection shall govern for the purposes
of the regulations of this section.
Letter of map revision (LOMR):- A letter from FEMA officially revising the current National
Flood Insurance Program (NFIP) map to show changes to floodplains, floodways, or flood
elevations.
Lowest floor:- The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's lowest
floor -, provided that such enclosure is not built so as to render the structure in violation of
the applicable aenelevat noon - elevation design requirements of this section.
Manufactured home: A structure, transportable in one or more section, which is built on a
permanent chassis and is designed.for use with or without a permanent fonnndatiorn when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle. " For floodplain management puposes, the term mancfactured home
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days, but does not include a recreational vehicle.
Recreational Vehicle: A vehicle which is built on a single chassis, 400 square feet or less
when measured at the largest horizontal projection; designed to be self - propelled or
permanently towable by a light duly truck and designed primarily not for use as a permanent
dwelling but as temporary living quarters.for recreational, camping, travel or seasonal use.
Repetitive loss:- Flood - related damage sustained by a structure on two (2) separate occasions
during a ten -year period for which the cost of repairs at the time of each such flood event, on
the average, equals or exceeds twenty -five (25) percent of the market value of the structure
before the damage occurred.
(g)(i) F000dplain development regulations.
(1) Permit requirement:- All uses, activities, and development occurring within
any floodplain areas shall be undertaken only upon the issuance of a zoning
permit by the Zoning Administrator. Such development shall be undertaken
only in strict compliance with these regulations and with all other applicable
codes and ordinances. Prior to the issuance of any such pen-nit, the Zoning
Administrator shall require all applications to include documentation
certifying compliance with all applicable state and federal laws and shall
review all sites to ensure they are reasonably safe from flooding. Under no
circumstances shall any use, activity, or development adversely affect the
capacity of the channels or floodway of any watercourse, drainage ditch, or
any other drainage facility or system. Permit review shall ensure reasonable
construction safety from flooding, proper anchoring, use of flood resistant
materials, and construction practices that minimize flood damage. Review
shall ensure certification that the engineer has met the requirements of the
most recent applicable FEMA technical bulletins in effect at the time of
application for such permit.
(3) Zoning permits:- All applications for zoning permits for structures in the
floodplain as defined for purposes of this section shall include a standard
FEMA elevation certificate completed by a licensed surveyor or engineer.
Such certificate shall be based on the most recent flood insurance rate map
and flood study in effect at the time of application for such permit. For all such
permits, the Zoning Administrator shall obtain and maintain a record of the
following information:
(D) For nonresidential structures to be floodproo fed, the elevation (in relation
to mean sea level) to which the structure will be floodproofed;, and any
FEMA Floodproofrng Certificate, when applicable;
(F) Prior to the issuance of a Certificate of Occupancy, withe applicant shall
provide a final elevation certificate of the as -built construction.
(4) Manufactured or mobile homes:- All manufactured homes or mobile homes
to be placed or substantially improved within the flood - fringe shall be
placed on a permanent foundation and anchored in accordance with the
Virginia Uniform Statewide Building Code. In the floodwav, the placement
of nrcrnufactured homes or mobile homes is prohibitecl.
(5) Floodway:- In the floodway, no encroaclunents, including fill, new
construction, substantial improvements, rehabilitation of substantially
damaged structures, and other development, shall be pennitted iralessexcept
as listed in subsections (I), (k) and (m), below. Encroachments associated
tirith the expansion of an existing use or establishment of a new permitted
use shall allow an encroachment only if the applicant's professional engineer
demonstrates through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the proposed
encroactunent would not result in any increase in the 100 -year flood
elevation, or a conditional letter of map revision is approved. The
requirements of subsection (gi)(4) and (6) shall apply to encroachments
permitted by this section.
(7) Approximated floodplain: Within the approximated floodplain, all proposed
developments shall include within such proposals base flood elevation data.
The applicant's professional engineer shall also delineate a floodway area
based on the requirement that all existing and future development not
increase the 100 -year flood elevation more than one (1) foot at any one (1)
point. The engineering principle identified as equal reduction of conveyance
shall be used to make the determination of increased flood heights. Within
the floodway area delineated by the applicant's professional engineer, the
provisions of subsection (gi)(5), above, and subsections (hj) and (ik), below,
shall apply.
(8) The enclosed space below the lowest floor shall be used solely for parking of
vehicles, building access or storage. Such space shall not be partitioned into
multiple rooms, temperature - controlled, or used for human habitation.
(9) In the floodway, the placement or storage of recreational vehicles is
prohibited unless approved by special exception as provided for in
subsection (k), below.
(4r)(j) Permitted uses in floodway.- The following uses shall be permitted as of right in
the floodway to the extent that they are otherwise permitted in the underlying base
zoning district and are not prohibited by any other ordinance, and provided they do
not employ structures, fill, or storage of materials and equipment within the floodway
which may cause any increase in 100 -year flood height and velocity:
(1) Agricultural operations, such as genera4arming, pasture, grazing, outdoor
plant nurseries, horticulture, truck-- fanmirig forestry, sod farming, and wild crop
harvesting;
(2) Public and private recreational uses such as parks, picnic grounds, golf
courses, boat launching or swimming areas, hiking or horseback riding trails,
wildlife and nature preserves, fishing areas, and trap and skeet game ranges;
(3) Botanical gardens; and
(4) Accessory residential uses such as yard areas, gardens, and play areas.
(i)k) Special exception uses in floodway.- The following uses shall be permitted in the
floodway by special exception granted by the Board of Zoning Appeals provided
such uses are permitted in the underlying base zoning district:
VIE
(1) Structures accessory to the uses set forth in subsections (hi)(1) through (hj)(3),
above.
(5) Storage of materials and equipment provided that they are not buoyant,
flammable, toxic, hazardous, or explosive, and are not subject to major
damage by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, or can be readily removed from
the area within the time available after flood warning.
(6) Placement or storage of a recreational vehicle, provided such recreational
vehicle is on the site for, fewer than 180 consecutive days, is filly licensed and
ready for highway use. For purposes of this section, a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and if it has
no permanently attached additions.
(1) Design criteria for public utilities and facilities.
(1) All new or replacement sanitary sewer facilities and private sewage treatment
plants (including all pumping stations and collector systems) shall be designed
to minimize infiltration of flood waters into the systems and discharges from
the systems into the flood waters. In addition, they must be located and
constructed to minimize flood damage and impairment.
(k-)m) Existing structures in the floodplain.- A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions, but which is not in
conformity with these provisions, may be continued subject to the following
conditions
(2) II pui:pose ofthis sec *.k4 "ny modifications, alterations, repairs,
reconstructions, or improvements of any kind, or any combination thereof, to
a structure or use located in a floodplain, taking pl aee chain ^that does not
constitute a period of five (5) years, the eumulative cost of ivhich amounts to
kss-qw s r+ rem F:« ., i.o�, substantial improvement shall be
elevated or floodproofed in accordance with Chapter 36.2, Zoning, the
Virginia Uniform Statewide Building Code, to the greatest e::teRt pessibleand
r_ --
the most recent FFMA regulations in effect at the time of application. This
subsection (m)(2) applies only to such modification, alteration, repair,
reconstruction, improvement or combination thereof.
(3) FeF the purpose of ".:° seeiion aAny modification, alteration, repair,
reconstruction, improvement of any kind, or any combination thereof, to a
structure or use located in a floodplain, taki g e^lase - 'uF ;ng that constitutes a
PeFiO
substantial improvement shall be
undertaken only in full compliance with the provisions ofthis Ghapte ,=
andChapter 36 2, Zoning, the Virginia Uniform Statewide Building Code,
and the most recent FFMA regulations in effect at the time of application.
This subsection (m)(3) applies to the entire structure which has been
modified, altered, repaired, reconstructed or improved.
f1) (4) Arry modifical ion, alleratiorr, repair, reconstruction, or• improvement, or any
combinalion thercgf, of arrp bind to a historic structure located in a
floodplain that is seeking an exemption from the definition ofsubstantial
improvement as defined in subsection (h) of this section shall be flood
proofed to the extent practical in accordance with the Virginia Uniform
Statewide Building Code and F MA Floodplcrin Management Bulletin
Ilistoric Structures, hEMA P- 467 -2.
(n) Variances.
(1) When an application for a variance from the regulations of this section has
been made, the procedure for processing the variance request shall be as set
forth in Section 36.2 -561
(2) In considering an application for a variance from the terms of this section, the
Board of Zoning Appeals shall satisfy all standards and findings set forth
in Section 36.2- 561(c) and (d) and shall consider the following additional
factors:
(A) The danger to life and property due to increased flood heights or
velocities caused by encroachment. No variance shall be granted for any
proposed use, development, or activity within any floodway that will
cause any increase in the 100 -year flood elevation without approval of a
conditional letter of map revision (CLOMR);
(B) The danger that materials may be swept onto other lands or downstream
to the injury of others;
(C) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary
conditions;
(D) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
(E) The importance of the services provided by the proposed facility to the
community;
(F) The requirements of the facility for a waterfront location;
(G) The availability of alternative locations not subject to flooding for the
proposed use;
(H) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(I) The relationship of the proposed use to the City's Comprehensive Plan and
floodplain management program for the City;
(J) The safety of access by ordinary and emergency vehicles to the property
in time of flood;
(K) The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
(L) The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure; and
(M) Such other factors which are relevant to the purposes of Section 36.2-
333
(ado) Application requirements for variances and special exception uses in floodways.-
All applications for a variance or a special exception use in any floodway, as defined
herein, shall include the following:
(1) Plans in triplicate, drawn to scale not less than one (1) inch to one hundred
(100) feet horizontally, showing the location, dimensions, and contours (at
two -foot intervals) of the lot, existing and proposed structures, fill, storage
areas, water supply, sanitary facilities, and relationship of the floodway to the
proposal;
(2) A typical valley cross - section as necessary to adequately show the channel of
the stream, elevation of land areas adjoining each side of the channel, cross-
10
sectional areas to be occupied by the proposed development, floodway limits,
and 100 -year flood elevation;
(3) A profile showing the slope of the bottom of the channel or flow line of the
stream;
(4) A summary report, prepared by professional engineers or others of
demonstrated qualifications, evaluating the proposed project in relation to
flood heights and velocities, the seriousness of flood damage to the use, and
other pertinent technical matters;
(5) A list of names, addresses, and official tax numbers of adjoining property
owners and owners of property within three hundred (300) feet of the subject
property; and
(6) A conditional letter of map revision (CLOMR) prior to the issuance of any
such variance or special exception in the floodway.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
11
[y Clerk
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: April 21, 2014
Subject: Amendments to Floodplain Overlay District, Section 36.2 -333 of
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, April 8, 2014. By
a vote of 4 -0, the motion to recommend approval of the amendment to the
Floodplain Overlay District, Section 36.2 -333 of Chapter 36.2, Zoning, of the
Code of the City of Roanoke (1979), as amended was.
Background
The City of Roanoke adopted the current zoning ordinance, including the Floodplain
Overlay District, in December 2005. As part of an audit of the City's floodplain
management program, the Federal Emergency Management Agency (FEMA) and
Virginia Department of Conservation and Recreation (DCR) requested updates to
Floodplain Overlay including:
• Citation of Authority and enforcement and administration.
• Recreational Vehicle definition and limitations (less than 180 days or fully
licensed and road ready).
New technical data submission.
• Permit review to ensure reasonably safe from flooding, anchoring, flood
resistant materials, construction practices that minimize flood damage.
• Floodproofing requires engineering certificate.
• Fully enclosed areas below grade limited to parking, access to building or
storage and have openings.
• Manufactured home provisions (or ban).
A copy of the proposed revisions is enclosed as Attachment A to this report. These
revisions address the FEMA and DCR comments noted above and update other
language that was determined by staff to be dated.
Planning Commission Public Hearing Discussion:
No comments from the Planning Commission or public.
Mark Futrell, Vice -Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning, Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian Shaw, Planning Commission Agent
Sec. 36.2 -333. Floodplain Overlay District (F).
This ordinance is adopted pursuant to the authority granted to localities by VA Code §15.2 -2280.
(a)- Purpose. The purpose of the Floodplain Overlay District (F) is to provide mandatory floodplain
restrictions for FEMA compliance_, aleng with additieARI gt..,d@RA, t,..,..tFi t impeFyiews Ffae s
the €leedplain. The intent of the regulations in this section is to prevent the loss of property and life,
the creation of health and safety hazards, the disruption of commerce and governmental services,
the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and
the impairment of the tax base by:
(1) Regulating uses, activities, and development which, alone or in combination with other existing
or future uses, activities, and development, if unregulated, will cause unacceptable increases in
flood heights, velocities, and frequencies;
(2) Restricting or prohibiting certain uses, activities, and development from locating within areas
subject to flooding;
(3) Requiring all those uses, activities, and developments that do occur in floodprone areas to be
protected or floodproofed against flooding and flood damage; and
(4) Protecting individuals from buying land and structures which are unsuited for intended purposes
because of flood hazards.
(b) Establishment of floodplain areas. For the purpose of the regulations prescribed in this section,
there are hereby created various floodplain areas subject to inundation by waters of the 100 -year
flood. The basis for the delineation of the floodway, the flood- fringe, and the approximated
floodplain, shall be the flood insurance study for the City of Roanoke prepared by the Federal
Emergency Management Agency, Federal Insurance Administration, dated September 28, 2007. A
copy of the flood insurance study, Gity dFainage stand , and Flood Insurance Rate Maps aa4
aceempanying maps shall be filed in the offices of the City Clerk and the City Engineer and are
hereby declared to be a part of these regulations. The floodplain areas shall consist of the following:
(1) The floodway is delineated, for purposes of these regulations, using the criterion that certain
areas within the floodplain must be capable of carrying the waters of the 100 -year flood without
increasing the water surface elevation of that flood more than one (1) foot at any point. These
floodways are specifically defined in Table 4 of the flood insurance study and as generally shown
on the accompanying flood insurance rate map.
(2) The flood- fringe shall be that area of the 100 -year floodplain not included in the floodway. The
basis for the outermost boundary of the flood- fringe shall specifically be the 100 -year flood
elevations contained in the flood profiles of Table 4 of the flood insurance study and as
generally shown on the accompanying flood insurance rate map.
Draft — April 1, 2014
(3) The approximated floodplain shall be that floodplain area for which no detailed flood profiles or
elevations are provided but where a 100 -year floodplain boundary has been approximated. Such
areas are shown as Zone A and AO on the flood insurance rate map. Where the specific 100 -year
flood elevation cannot be determined for this area using other sources of data, such as the U.S.
Army Corps of Engineers Floodplain Information Reports or the U.S. Geological Survey Flood -
Prone Quadrangles, then the applicant for the proposed use, development, or activity shall
determine this elevation in accordance with hydrologic and hydraulic engineering techniques.
When a Zone A or Zone AO area is located between two (2) numbered zones, 100 -year flood
elevations shall be linearly interpolated between known elevations, along the centerline of the
channel. Hydrologic and hydraulic analyses shall be undertaken only by the applicant's
professional engineers who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, and computations shall be submitted
in sufficient detail to allow a thorough review by the City Engineer.
(c) Applicability.
(1) The floodplain areas described above shall be overlays to the existing underlying base zoning
districts as shown on the Official Zoning Map. As such, the provisions of the Floodplain Overlay
District (F) shall serve as a supplement to the underlying base zoning district provisions. With
any conflict between the provisions or requirements of the Floodplain Overlay District (F) and
those of the underlying base zoning district, the more restrictive provisions shall apply.
(2) The boundaries of the floodplain areas previously described in subsection (b), above, shall be
established as shown on the flood insurance rate maps and flood studv4rays.
(3) The delineation of any of the floodplain areas described in subsection (b), above, may be revised
by the City Council where natural or manmade changes have occurred or where more detailed
studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other
qualified agency, or an individual documents to the satisfaction of the Zoning Administrator and
City Engineer the need for such change. However, prior to any such change, approval shall be
obtained from the rederal IRSE1rRRGP Emergency Management Administration, Region 3.
(4) Interpretations of the boundaries of the floodplain areas described in subsection (b), above, shall
be made by the Zoning Administrator in consultation with the City's Flood Plain
Manaeer&i �.
(5) No land or use shall be developed within the established floodplain areas, and no structure shall
be located, relocated, constructed, reconstructed, enlarged, or structurally altered, except in full
compliance with the terms and provisions of the regulations of this section and any other
applicable ordinances and regulations which apply to uses within the City.
(6) Pilling A these peFtiens of the flood fFiF;ge aFea that 6eAtFibute te bypass fleediAg shall be
eo
Draft — April 1 2014
(d) Compliance aa� 6 a{3 4ity
No land shall hereafter be developed and no structure shall be located, relocated, constructed,
reconstructed, enlarged, or altered except in full compliance with the terms and provisions of
this ordinance and any other applicable ordinances and regulations which apply to uses within
the jurisdiction of this ordinance.
f1Abrogation and greater restrictions.
(1) These regulations supersede any regulations in effect in floodplain areas. However, any
underlying regulations or restrictions shall remain in full force and effect to the extent that their
provisions are more restrictive than the regulations as set forth in this section.
(2) Wherever any regulation in this section imposes higher or more restrictive standards than are
required in any other statute, ordinance, or regulation, the provisions of this section shall
govern. Whenever the provisions of any other statute, ordinance, or regulation impose higher or
more restrictive standards than are required in this section, the provisions of such other statute,
ordinance, or regulation shall govern.
(ef) Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be
declared invalid for any reason whatever, such decision shall not affect the remaining portions of
this section or chapter. The remaining portions shall remain in full force and effect, and for this
purpose, the provisions of this section and chapter are hereby declared to be severable.
(g) Submitting Technical Data. A community's base flood elevations may increase or decrease resulting
from physical changes affecting flooding conditions. As soon as practicable but not later than six (6)
months after the date such information become available a community shall notify the Federal
Emergency Management Agency of the changes by submitting technical or scientific data Such a
submission is necessary so that upon confirmation of those physical changes affecting flooding
conditions risk premium rates and flood plain management requirements will be based upon
current data.
( €h) Definitions. Certain terms and words used in this section shall be defined as set forth below. Where
any conflict exists between the definitions below and those set forth in Appendix A, the definitions
of this subsection shall govern for the purposes of the regulations of this section.
Draft —April 1 2014
Base flood /100 -year flood: A flood that, on the average, is likely to occur once every one hundred
(100) years (that has a one (1) percent chance of occurring each year, although the flood may occur
in any year)
Base flood elevation: The Federal Emergency Management Agency designated 100 -year water
surface elevation.
Basement: Any area of the building having its floor subgrade (below ground level) on all sides.
Channel: A perceptible natural or artificial waterway which periodically or continuously contains
moving water confined to a definite bed and banks.
Conditional letter of map revision (CLOMR): A letter from FEMA commenting on whether a
proposed project, if built as proposed, would justify a National Flood Insurance Program (NFIP) map
revision to modify the existing regulatory floodway or effective base flood elevation.
Development: Any manmade change to improved or unimproved real estate including, but not
limited to, structures, the placement of manufactured homes, paving, utilities, filling, grading,
excavation, mining, dredging, drilling operations, or the storage of equipment or materials.
FEMA: Federal Emergency Management Agency
Flood: A general and temporary condition of partial or complete inundation of normally dry land
areas from (1) the overflow of inland waters, or (2) the unusual and rapid accumulation of run -off of
surface waters from any source.
Flood elevation: A determination by the Federal Insurance Administration of the water surface
elevations of the base flood, that is the flood level that has a one (1) percent or greater chance of
occurrence in any given year.
Flood insurance rate map: An official map of the City of Roanoke, on which the Federal Insurance
Administration has delineated both the special hazard areas and the risk premium zones applicable
to the City of Roanoke.
Floodplain: Any land area susceptible to being inundated by water from any source
Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, or structures and their contents.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the base flood
elevation more than one (1) foot.
Draft — April 1, 2014
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management.
Historic structure: For the purpose of this section only, any structure that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National
Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on the Virginia Landmarks Register or determined eligible by the Virginia
Department of Historic Resources for such register; or
(4) Individually listed on the City inventory of historic places or as determined eligible for such
inventory by the Roanoke City Architectural Review Board.
Letter of map revision (LOMR): A letter from FEMA officially revising the current National Flood
Insurance Program (NFIP) map to show changes to floodplains, floodways, or flood elevations.
Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for the parking of vehicles, building access, or storage in an
area other than a basement area, is not considered a building's lowest floor,, provided that such
enclosure is not built so as to render the structure in violation of the applicable non elevation design
requirements of this section.
Manufactured home: A structure, transportable in one or more section, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufacture home" does not include a "recreational vehicle."
For floodplain management purposes the term manufactured home also includes park trailers,
travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days, but
does not include a recreational vehicle.
Recreational Vehicle: A vehicle which is built on a single chassis, 400 square feet or less when
measured at the largest horizontal projection; designed to be self - propelled or permanently towable
by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Repetitive loss: Flood- related damage sustained by a structure on two (2) separate occasions during
a ten -year period for which the cost of repairs at the time of each such flood event, on the average,
equals or exceeds twenty -five (25) percent of the market value of the structure before the damage
occurred.
Draft —April 1, 2014
Start of construction: For a "substantial improvement," start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Structure: For purposes of this section only, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed fifty (50) percent of the market
value of the structure before the damage occurred.
Substantial improvement: Any combination of repairs, reconstruction, rehabilitation, addition, or
other improvement of a structure, taking place during a period of five (5) years, the cumulative cost
of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures which have incurred "repetitive
loss" or "substantial damage" regardless of the actual repair work performed. The term does not,
however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Watercourse: A natural or artificial channel for passage of running water fed from natural sources in
a definite channel and discharging into some stream or body of water.
(gi) Floodplain development regulations.
(1) Permit requirement: All uses, activities, and development occurring within any Floodplain areas
shall be undertaken only upon the issuance of a zoning permit by the Zoning Administrator.
Such development shall be undertaken only in strict compliance with these regulations and with
all other applicable codes and ordinances. Prior to the issuance of any such permit, the Zoning
Administrator shall require all applications to include documentation certifying compliance with
all applicable state and federal laws and shall review all sites to ensure s they are
reasonably safe from flooding. Under no circumstances shall any use, activity, or development
adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or
any other drainage facility or system. Permit review shall ensure reasonable construction safety
from flooding, proper anchoring, use of flood resistant materials and construction practices that
minimize flood damage. Review shall ensure certification that the engineer has met the
requirements of the most recent camel t- applicable FEMA technical bulletins in effect at the
time of application for such permit.
Draft —April 1, 2014
(2) Alteration or relocation of watercourse: Prior to any proposed alteration or relocation of any
channel with a regulatory floodplain, within the City, a permit shall be obtained from the U.S.
Army Corp of Engineers, the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission. Furthermore, notification of the proposal shall be given by the
applicant to all affected adjacent jurisdictions and the Dam Safety and Floodplain Management
Division of the Virginia Department of Conservation and Recreation. If the channel to be altered
or relocated contains a regulatory floodplain, a conditional letter of map revision shall be
secured from FEMA, prior to construction.
(3) Zoning permits: All applications for zoning permits for structures in the floodplain as defined for
purposes of this section shall include a standard FEMA elevation certificate completed by a
licensed surveyor or engineer. Such certificate shall be based on the most recenteW+ent flood
insurance rate maps and flood study in effect at the time of application for such permit. For all
such permits, the Zoning Administrator shall obtain and maintain a record of the following
information:
(A) The elevation of the 100 -year flood;
(B) Topographic information showing existing and proposed ground elevation;
(C) For structures to be elevated, the elevation (in relation to mean sea level) of the lowest floor
(including basement) of any proposed new or substantially improved structures;
(D) For nonresidential structures to be floodproofed, the elevation (in relation to mean sea
level) to which the structure will be floodproofed and any FEMA Floodproofing Certificate,
when applicable;
_(E) Where a nonresidential structure is intended to be made watertight below the base flood
level, a registered professional engineer or architect shall develop and review structural
design, specifications, and plans for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards of practice for meeting
the applicable provisions of the Virginia Uniform Statewide Building Code; and
(F) Prior to the issuance of a Certificate of Occupancy, the applicant shall provide a final
elevation certificate of the as -built construction.
(4) Manufactured or mobile homes: All manufactured homes or mobile homes to be placed or
substantially improved within the flood- fringe shall be placed on a permanent foundation and
anchored in accordance with the Virginia Uniform Statewide Building Code. In the floodway, the
placement of manufactured homes or {mobile homes) is prohibited. e
manufactured herne (mobile home) oark er 54d;vis on. A reF)Iaeement Fnan, actured home
Draft — April 1, 2014
(5) Floodway: In the floodway, no encroachments, including fill, new construction, substantial
improvements, rehabilitation of substantially damaged structures, and other development, shall
be permitted except as listed in subsections (i), (k) and (m), belowthe Permitted see in4k&
#* ^ �. Encroachments associated with the expansion of an existing use or
establishment of a new permitted use shall allow an encroachment only if unless the applicant's
professional engineer demonstrates through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the proposed encroachment would not
result in any increase in the 100 -year flood elevation, or a conditional letter of map revision is
approved. The requirements of subsection (g)(4) and (6) shall apply to encroachments permitted
by this section.
(6) Flood- fringe and approximated floodplain: In the flood- fringe and approximated floodplain, the
development or use of land shall be permitted in accordance with the regulations of the
underlying base zoning district, provided that all such uses, activities, or development shall be
undertaken in strict compliance with the floodproofing and related provisions contained in the
Virginia Uniform Statewide Building Code and all other applicable codes and ordinances; and
provided further that the lowest floor of any structure shall be elevated to a minimum of two (2)
feet above the base flood elevation, or, when allowed in the Virginia Uniform Statewide Building
Code, shall be floodproofed to two (2) feet above the base flood elevation. In addition, all
electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities,
including ductwork, for new construction or substantial improvement shall be elevated or
floodproofed to two (2) feet above the base flood elevation.
(7) Approximated floodplain: Within the approximated floodplain, all proposed developments shall
include within such proposals base flood elevation data. The applicant's professional engineer
shall also delineate a floodway area based on the requirement that all existing and future
development not increase the 100 -year flood elevation more than one (1) foot at any one (1)
point. The engineering principle identified as equal reduction of conveyance shall be used to
make the determination of increased flood heights. Within the floodway area delineated by the
applicant's professional engineer, the provisions of subsection (g)(5), above, and subsections (h)
and (i), below, shall apply.
(8) The enclosed space below the lowest floor shall be used solely for parking of vehicles, building
access or storage. Such space shall not be partitioned into multiple rooms, temperature-
controlled, or used for human habitation.
M In the floodway, the placement or storage of recreational vehicles is prohibited, unless approved
by special exception as provided for in subsection (k).
(4j) Permitted uses in floodway. The following uses shall be permitted as of right in the floodway to the
extent that they are otherwise permitted in the underlying base zoning district and are not
Draft — April 1, 2014
prohibited by any other ordinance, and provided they do not employ structures, fill, or storage of
materials and equipment within the floodway which may cause any increase in 100 -year flood
height and velocity:
(1) Agricultural operations, such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, tFuck faFming, forestry, sod farming, and wild crop harvesting;
(2) Public and private recreational uses such as parks, picnic grounds, golf courses, boat launching or
swimming areas, hiking or horseback riding trails, wildlife and nature preserves, fishing areas,
and trap and skeet game ranges;
(3) Botanical gardens; and
(4) Accessory residential uses such as yard areas, gardens, and play areas.
(Lk) Special exception uses in floodway. The following uses shall be permitted in the floodway by special
exception granted by the Board of Zoning Appeals provided such uses are permitted in the
underlying base zoning district:
(1) Structures accessory to the uses set forth in subsections (4j)(1) through (14j)(3), above.
(2) Utilities distribution: gas /electric compressor station or substation, or water pump /lift station.
(3) Sewage treatment facility or water treatment facility.
(4) Quarry and mining operations, including excavation of sand, gravel, or clay, provided no increase
in the level of flooding or velocity is caused.
(5) Storage of materials and equipment provided that they are not buoyant, flammable, totter
hazardous, or explosive, and are not subject to major damage by flooding, or provided that such
material and equipment is firmly anchored to prevent flotation or movement, or can be readily
removed from the area within the time available after flood warning.
(6) Placement or storage of a recreational vehicle provided such recreational vehicle is on the site
for fewer than 180 consecutive daVS is fully licensed and ready for highway use. For purposes
of this section a recreational vehicle is ready for highway use if it is on its wheels or jacking
system is attached to the site only bV quick disconnect type utilities and security devices and if
it has no permanently attached additions.
(jl) Design criteria for public utilities and facilities.
(1) All new or replacement sanitary sewer facilities and private sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize infiltration of flood
waters into the systems and discharges from the systems into the flood waters. In addition, they
must be located and constructed to minimize flood damage and impairment.
Draft —April 1, 2014
(2) All new or replacement potable water facilities shall be designed to eliminate infiltration of flood
waters into the system and shall be located and constructed to minimize flood damages.
(3) All storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe
and efficient manner, without damage to persons or property. The systems shall ensure proper
drainage along streets, and provide positive drainage away from buildings and on -site waste
disposal sites. The City may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less frequent floods. Drainage
plans shall be consistent with local and regional drainage plans. The facilities shall be designed
to prevent the discharge of excess runoff onto adjacent properties.
(4) All other utilities, such as gas lines and electrical, telephone, and cable television systems, being
placed in flood -prone areas shall be located, elevated (where possible), and constructed to
minimize the chance of impairment during a flood occurrence.
(5) Streets, drainage improvements, and sidewalks shall be designed to prevent increasing flood
levels by more than one (1) foot. Any new structure encroaching in a floodway shall receive a
conditional letter of map revision (CLOMR) prior to construction and a letter of map revision
(LOMR) following completion.
( #m) Existing structures in the floodplain. A structure or use of a structure or premises which lawfully
existed before the enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
(1) Existing structures or uses located in the floodway shall not be expanded or enlarged, unless
the effect of the proposed expansion or enlargement on 100 -year flood heights is fully offset by
accompanying stream or channel improvements.
(2) Almer the purpese ef this section, any modifications, alterations, repairs, reconstructions, of
improvements of any kind, or any combination thereof to a structure or use located in a
floodplain tai. ^ place clunng a per ed of f. e (5 yeaFs, the cunnulat ve cost of wh , h a eup.ts
to less than F -pe ce"+tsanafke� value that does not constitute a substantial
improvement tee stFHct re OF Hse located in the Ploe 4- ^ shall be elevated or floodproofed in
accordance with this ordinancethe Virginia Uniform Statewide Building Code test
extent pessibleand the most recent_FEMA regulations in effect at the time of application. This
subsection WW amplies -onlyto such modification alteration repair, reconstruction_
improvement or combination thereof.
(3) Any eel Hat An of modifications, alterations, repairs,
reconstructions, of improvements of any kind or any combination thereof, of any k Ad to a
structure or use located in a floodplain that, taking place during od of fh e (5) y the
curnulat ve cost of ,ice _ ,.,r5 fifty (50) ^ ^t a ,.f tr ..,aria,.t a
constitutes a substantial improvement shall be undertaken only in full compliance with the
10
Draft —April 1, 2014
provisions of this Cehapter 36.2. Zoning, and the Virginia Uniform Statewide Building Code and
the most recent FEMA regulations in effect at the time of application. This subsection (m)(3)
applies to the entire structure which has been modified altered repaired reconstructed or
improved.
(4) Anv modifications alterations repairs reconstructions or improvements combination thereof
of any kind to a historic structure located in a floodplain that is seeking an exemption from the
definition of substantial improvement as defined is subsection (h) of this section shall be flood
proofed to the extent practical in accordance with the Virginia Uniform Statewide Building Code
and FEMA Floodplain Management Bulletin Historic Structures FEMA P- 467 -2.
(In) Variances.
(1) When an application for a variance from the regulations of this section has been made, the
procedure for processing the variance request shall be as set forth in Section 36.2 -561
(2) In considering an application for a variance from the terms of this section, the Board of Zoning
Appeals shall satisfy all standards and findings set forth in Section 36.2- 561(c) and (d) and shall
consider the following additional factors:
(A) The danger to life and property due to increased flood heights or velocities caused by
encroachment. No variance shall be granted for any proposed use, development, or activity
within any floodway that will cause any increase in the 100 -year flood elevation without
approval of a conditional letter of map revision (CLOMR);
(B) The danger that materials may be swept onto other lands or downstream to the injury of
others;
(C) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions;
(D) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owners;
(E) The importance of the services provided by the proposed facility to the community;
(F) The requirements of the facility for a waterfront location;
(G) The availability of alternative locations not subject to flooding for the proposed use;
(H) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(1) The relationship of the proposed use to the City's Comprehensive Plan and floodplain
management program for the City;
11
Draft —April 1, 2014
(1) The safety of access by ordinary and emergency vehicles to the property in time of flood;
(K) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site;
(L) The repair or rehabilitation of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure; and
(M) Such other factors which are relevant to the purposes of Section 36.2 -333
(3) The Board of Zoning Appeals may forward any application and accompanying documentation
pertaining to any request for a variance to the City Engineer or other qualified person or state or
federal agency for technical assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for flood protection and other related
matters.
(4) Variances shall be issued only after the Board of Zoning Appeals has determined that the
granting of such variance will not result in prohibited increases in flood heights, additional
threats to public safety, or extraordinary public expense, and will not create nuisances, cause
victimization of the public, or conflict with City laws or ordinances.
(5) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, within ten (10)
business days of the public hearing, that the issuance of a variance to construct a structure
below the 100 -year flood elevation increases the risks to life and property and will result in
increased premium rates for flood insurance.
(6) A record of the above notification as well as all variance actions, including justification for their
issuance, shall be maintained by the Zoning Administrator. Any variances which are issued shall
be noted in the annual or biennial report of the City submitted to the Federal Insurance
Administrator.
(mo) Application requirements for variances and special exception uses in floodways. All applications for
a variance or a special exception use in any floodway, as defined herein, shall include the following:
(1) Plans in triplicate, drawn to scale not less than one (1) inch to one hundred (100) feet
horizontally, showing the location, dimensions, and contours (at two -foot intervals) of the lot,
existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and
relationship of the floodway to the proposal;
(2) A typical valley cross - section as necessary to adequately show the channel of the stream,
elevation of land areas adjoining each side of the channel, cross - sectional areas to be occupied
by the proposed development, floodway limits, and 100 -year flood elevation;
12
Draft — April 1 2014
(3) A profile showing the slope of the bottom of the channel or flow line of the stream;
(4) A summary report, prepared by professional engineers or others of demonstrated qualifications,
evaluating the proposed project in relation to flood heights and velocities, the seriousness of
flood damage to the use, and other pertinent technical matters;
(5) A list of names, addresses, and official tax numbers of adjoining property owners and owners of
property within three hundred (300) feet of the subject property; and
(6) A conditional letter of map revision (CLOMR) prior to the issuance of any such variance or special
exception in the floodway.
13
Draft—April 1, 2014
M The Roar:eke Times .aw
Roar:oke, Virginia
Affidavit- of Publication
The Roanoke Times
---------------------------------------
----------- - -- -- --- ----- --- --- -- - - -- --- ---- ��attp
+--- ------ M -----
PM W
CITY OF R.OANOKE, PDV
CITY PLANNING COMMISSICfd
All public Kuria a
215 CHURCH AVE, POOM166 SW ed"niw beralo will
aedtl IA the CbV Caoncii
ROANOKE VA 24011 Chamber, tomb llom.
I anew A80. allied C. Term,
REFERENCE: 80076514
13577334 P'1B L I C HEAP. I N SNOT I f'EA
State of Virginia
City of Roanoke P felpete iart
or partielpato to the
I, (the undersigned) an authorized representative I told all ebeit aelad
P tolaseM{ Wi1dMt MO
of the Times -World Corporation which corporation Iorerte A tie o"
is pub n
publisher of the Ruanuke Ti. -s, a daily brlor i e to* 4•as#atod
newspaper published in Roanoke, if-. the State of ITY�tyofRoaaoae�
Virginia, do certify that to annexed notice was Iheld
be
thap' airmail
published in said newspapers on the following APO w+.
dates: I oowpof.ipAloawlc
A ra;ulfl from fite4t
Roberti it pareulMaily
disc rottaW. ebcaW 00
a paee�at the
City /County of Poancke, Common: wealth /State of
Virginia. Sworn and subscribes before me this
day Of APR 2014. W.itces-s rcy hand and
official seal.
...�� ::(.Mary Public
PUBLISHED ON: 03126 04/02
I located at 114!plMm/ma
Arenas, f.I. 1144""t I om itp nY Tax 11x001
I ApgkWon ttMart We• llC
repaid ail aboaloni
W
pot "'d lie Pan at t
Provides 1#x481�0 {`Jet
ammo t the Pl= Ugh
CMlOPmw pw pa 0e7
UN
� n of lap4P al 2M
aapi fraepRe *"it 0 MI •. coata6.2 -
rr4aNiilirr4r ••
approximate S.II }T
vt Y d . •, I RMOn+." si Os 9sRaedsNaa�
�• �'�N.... £'��1 '; 11xT�eoanw.alwaN. na
WQB.tgV'• ablereed,, wftOW µ
1P gpper#aalr
V s"" t HE(i rP pg,1 ee i 4to e ayn+ altia
n M1'CJMtiN °Slpa
' a of ad
he
to thr�o�e�
'Meabild mid a";
0,0,W "bibires,
snt PeMen of ►erce
Mom, "ablivaure
.4ppej +N� Ogee, �cF m"i ratio
TOTAL COST: 1,788.46
FILED ON: 04/02/14
- ---
tl4a�tp s� o eadid onh a'
oe0/UMt11a11ep1Ne wit
too s�yt'�ay��l4l �'"Th4
P4
torn
sect N
aK
4 �1HCN�ece R°
Authorized 31}_linq "-
;'C:rV!'"e5 Pe,+te5c;`S at'' "P
signature:
0
RtrS940# CocYrsm.
Somali City Planning
ao 294 st 7 :m o 21"
seonat @emMtMS mg On
MeM.
stwasmo M. Moon. MMC.
;1387733!1
m
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. All applications are available for review in the Planning Building and
Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA.
Any person with a disability requiring any special accommodation to attend or participate
in the hearings should contact Planning Building and Development at (540) 853 -1730 at
least five days prior to the scheduled hearing.
The City of Roanoke Planning Commission will hold public hearings on April 8, 2014,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
A request from Stacy Roberts to permanently discontinue, vacate and close an
approximately 400 square foot portion of the alley behind property located at 816
Munford Avenue, S.E., bearing Official Tax No. 4141001.
Application by Ivy View, LLC to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as they pertain to a portion of
the properties located at 2309 and 2331 Franklin Road, S.W., containing approximately
5.2179 acres, bearing Official Tax Nos. 1150106 and 1272504 respectively. The
conditions proposed for repeal, adopted through the enactment of Ordinance No. 36925-
122004, require removal of a billboard; require architectural compatibility of all buildings
on the site through materials and style; require proffered conditions to bind any portion of
parcels subdivided or re- combined; require architecture of building facades facing
Franklin Road to resemble and incorporate elements found in the rest of the project and
reflect other features; and require illumination levels for parking and drives to be eight
foot candles or less. The application is to permit use of the property for a medical clinic,
laboratory, health fitness center, office, and/or hospital instead of a grocery store facility
previously permitted by the Institutional Planned Unit Development Plan (INPUD),
Ordinance No. 36925- 122004, adopted by City Council on November 18, 2004. 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 shopping center use, but does not specify density. The
proposed use of the property is medical clinic, laboratory, health fitness center, office,
and/or hospital.
Application by MVG Development, LLC to rezone property and repeal all conditions
proffered as part of a previous rezoning for the property located at 3419 Orange Avenue
(US Route 460), bearing Official Tax No. 7100712. The application is to rezone the
property from CG, Commercial- General District, with conditions, to CLS, Commercial-
Large Site District, with a condition that the site will be developed in substantial
conformity to a proffered development plan. The conditions proposed for repeal, adopted
through the enactment of Ordinance No. 24626, required the petitioner to share in the
cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the
number of entrances off of Springtree Drive to one; and require the petitioner to plant a
tree buffer along Springtree Drive and the eastern boundary of the site. The application is
to permit construction of a new grocery store with a changed site configuration and
amenities. The land use categories permitted in the CLS District include
accommodations and group living; commercial; industrial; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and
accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates
the property for shopping center use, but does not specify density. The proposed use of
the property is retail sales establishment.
Application by Barry C. Bellamy to rezone property located at 440 and 444 Elm Avenue,
S.W., and 808 5°i Street, S.W., bearing Official Tax Nos. 1020602, 1020601, and
1020628 respectively. The application is to rezone the property from RM -1, Residential
Mixed Density District, to CN, Commercial- Neighborhood District. The land use
categories permitted in the CN District include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a density of
one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0.
The comprehensive plan designates the property for village center use, but does not
specify density. The proposed use of the property is multifamily residential and
commercial.
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke,
(1979), as amended, by amending and reordaining, Section 36.2 -333, Floodplain Overlay
District (F), to address comments from the Federal Emergency Management Agency.
These amendments include updating references for flood maps, clarifying responsibilities
between the City's zoning administrator and a floodplain manager, adding definitions of
manufactured homes and recreational vehicles, clarifying the need for elevation and flood
proofing certificates, expanding permit requirements to include FEMA reference
documents, adding additional permitting and recordkeeping requirements, prohibiting the
placement of mobile or manufactured homes in the floodway, adding provisions for
recreational vehicles in the floodway, and clarifying how floodproofing standards apply
to modifications of existing structures in the floodway and floodplain.
Rebecca Cockram, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on April 21, 2014, at
7:00 p.m., or as soon as the matters may be heard.
Stephanie M. Moon, MMC, City Clerk
Please publish in newspaper on March 26 and April 2, 2014.
Please bill and send affidavit of publication to:
Rebecca Cockram, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1730
Please send affidavit of publication to:
Stephanie M. Moon, MMC, City Clerk
215 Church Avenue, S. W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 2401 1 -1 536
(540) 853 -2541
March 21, 2014 11:50 a.m.
VML 2014 Policy Committee Nominations
Please return this form by May 2 to Joni Terry at VML, P.O. Box 12164, Richmond, VA 23241; Fax 804/343 -3758; email:
jterry@vml.org
Community & Economic Development
Name &Title: Court G Rosen Vice -Mayor
Name &Title: Wayne Bowers Director of Economic Development
Environmental Quality
Name &Title: Christopher Blakeman Environmental Administrator
Name & Title:
Finance
Name & Title: Court G Rosen Vice -Mayor
Name &
General Laws
Name &Title: Dan Callaghan City Attorney
Name & Title:
Human Development & Education
Name &Title: Anita J Price Council Member
Name &Title: Stephanie M Moon Reynolds City Clerk
Transportation
Name &Tide: Mark Jamison Transportation Manager
Name & Title:
(Mayor /Chair, or Manager /Administrator)
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540)853 -1145
E -mail: clerk @roanokeva.gov
April 22, 2014
Stephen D. Poff, Chief Magistrate
324 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Poff:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 21, 2014, you were appointed as a City representative (Chief Magistrate) of the
Court Community Corrections Program Regional Community Criminal Justice Board for
a three -year term of office ending June 30, 2017.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a City representative (Chief Magistrate) of
the Court Community Corrections Program Regional Community Criminal Justice
Board.
'ncVreiy;
t,, Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
pc: Beth Lipes, Interim Director of Court and Community Services, 1717 Peters
Creek Road, N. W., Roanoke, Virginia 24017 -2139
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 twenty -first day of April 2014, STEPHEN D. POFF was appointed
as a City representative (Chief Magistrate) of the Court Community Corrections
Program Regional Community Criminal Justice Board for a three -year term of office
ending June 30, 2017.
Given under my hand and the Seal of the City of Roanoke this twenty- second
day of April 2014.
i
i
A�,'1. -UJ�4V. City Clerk
STEPHANIE M. MOON REYNOLDS, 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
Fax: (540) 853 -1145
E -mail: clerkea roanokeva.gov
April 22, 2014
John P. Varney, Public Defender
210 First Street, S. W.
Roanoke, Virginia 24011
Dear Mr. Varney:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 21, 2014, you were appointed as a City representative (Public Defender) of the
Court Community Corrections Program Regional Community Criminal Justice Board for
a three -year term of office ending June 30, 2017.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Once the Oath has been administered, please return a signed copy to the City Clerk's
Office prior to serving in the capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a City representative (Public Defender) of
the Court Community Corrections Program Regional Community Criminal Justice
Board.
nceiry�
(N tephanie M.
City Clerk
Enclosures
Moon Reynolds, MMC
pc: Beth Lipes, Interim Director of Court and Community Services, 1717 Peters
Creek Road, N. W., Roanoke, Virginia 24017 -2139
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 twenty -first day of April 2014, JOHN D. VARNEY was appointed
as a City representative (Public Defender) of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three -year term of office ending
June 30, 2017.
Given under my hand and the Seal of the City of Roanoke this twenty- second
day of April 2014.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: elerkCa,)roanokeva.gov
April 22, 2014
Amelia Merchant, Director
Department of Management and Budget
Roanoke, Virginia
Dear Ms. Merchant:
JONATHAN E. CRAFT, CMC
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 39919 - 042114 electing and appointing you as
Acting Director of Finance for the City of Roanoke, effective May 16, 2014, and ratifying
the terms and conditions of employment.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 21, 2014.
ySi`ncei-ejy,
(o� tephanie M Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Carolyn Glover, Director, Human Resources
Jody Lawson, Payroll and System Administrator, Department of Finance
T
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of April, 2014.
No. 39919- 042114.
A RESOLUTION electing and appointing Amelia Merchant as Acting Director of Finance for
the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Merchant.
WHEREAS, the City Council desires to elect and appoint Amelia Merchant as Acting Director of
Finance pursuant to Section 8 of the Roanoke Charter of 1952; and
WHEREAS, Ms. Merchant has agreed to accept election and appointment as Acting Director of
Finance until such time as City Council appoints and elects a permanent Director of Finance.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
Amelia Merchant is hereby elected and appointed as Acting Director of Finance of the
City of Roanoke effective May 16, 2014, at 12:01 a.m., and she shall serve as Acting Director of Finance
until such time as City Council appoints and elects a permanent Director of Finance.
2. The terns and conditions of Ms. Merchant's election and appointment as Acting Director
of Finance shall be as hereinafter set forth and shall commence as of May 16, 2014:
(a) The annual salary shall be $120,000, payable biweekly at the same time as
other employees of the City;
(b) The City shall pay on behalf of Ms. Merchant the sum of $2,000
each quarter, prorated based upon the actual time in which Ms.
Merchant serves as Acting Director of Finance, to the
International City Management Association - Retirement
Corporation (ICMA -RC) for Ms. Merchant's participation in the
ICMA -RC Deferred Compensation Plan, and the City shall
execute any necessary agreements to provide for such payment;
(c) Recognizing that the job requirements of the Director of Finance
routinely require incurring travel related expenses in the course of
City business, Ms. Merchant shall receive a bi- weekly salary
increment of $96.15 for the use of a privately -owned or leased
automobile in the conduct of official City business while Ms.
Merchant serves as Acting Director of Finance; and
(d) With respect to benefits and tenns and conditions of employment
not enumerated in this resolution, Ms. Merchant shall be accorded
such benefits and shall be subject to such terms and conditions on
the same basis as other similarly situated Council Appointed
employees of the City.
Ms. Merchant will make arrangements to qualify for office by taking the required Oath of
Office as soon as practicable, but no later than May 15, 2014.
TRINKLE
/Orr
Si
ROANOKE CITY COUNCIL
RECESSED SESSION
APRIL 24, 2014
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order— Roll Call. Council Member Price was absent.
2. Invocation. Council Member Sherman P. Lea.
3. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
David A. Bowers.
4. Welcome and Statement of Purpose. Mayor Bowers.
The Mayor advised that tonight's public hearing will not be televised live,
however, the public hearing will be taped and replayed on RVTV Channel 3 on
Thursday, May 1 at 7:00 p.m., and Saturday, May 3 at 4:00 p.m.
He further advised that the purpose of the recessed meeting tonight is to
conduct two public hearings: (1) the Proposed Recommended Budget for the
City for Fiscal Year 2014-2015; and (2)the 2014-2015 HUD funding. Inasmuch as
the public hearing on the Recommended 2014-2015 HUD Fund was not
advertised in adherence to the State Code, the public hearing has been re-
advertised to be held at the May 5, 2:00 p.m. Council Meeting. The Proposed
Recommended Budget for FY2014-2015 will be adopted at a special meeting of
the Council on Monday, May 12 at 2:00 p.m., in the Council Chamber. There will
be no discussion or action taken by the Council tonight.
1
5. Public Hearing:
a. Recommended Fiscal Year 2014-2015 City of Roanoke Budget.
Five speakers appeared before the Council and spoke on the budget.
b. Recommended 2014-2015 HUD Funding.
The Mayor reiterated that the public hearing has been re-advertised to be
held at the May 5, 2:00 p.m., Council Meeting or as soon thereafter as the
matter may be heard; and that citizens may submit comments for the
record.
6. Adjourn — 7:20 P.M.
2
The Roanoke Times
Roanoke, Virginia NOTICE OF PUBLIC
Affidavit of Publication HEARING •
CITY OF ROANOKE
The Roanoke Times RECOMMENDED 201415
• BUDGET
Pursuant to Section 15.2-2506,Code
of Virginia(1950),as amended,notice
is hereby given that on Thursday,
CITY OF ROANOKE MGMT& BUDGET April 24,2014 at 7:00 p.m.,or as soon
thereafter as the matter may be heard,
215 CHURCH AVE SW RM 357 RoanokeCkyCouncil will hold a special
meeting In City Council Chamber,
NOEL C TAYLOR MUNICIPAL BLDG Noel C. Taylor Municipal Building,
ROANOKE VA 24011 215 Church Avenue, 5.W., Roanoke, I ReetManagemen Fund $ 5961,543
Virginia,for the purpose of holding a Risk Man agernei,Fuo $15921,044
public hearing on the recommended
201415 City Budget. All persons shall Technology Fund S 6278,998
be afforded an opportunity to speak
Reference: 10853680 and state their views concerning all Sriod5md •
13592943 aspects of the budget within such General FUnd I7
reasonable time limits as shall be
established by City Council. Written Food Sakes Fund 1_7.500M
comments of interested citizens also Athletics Fund • $ 2,000,000
State of Virginia will be received by the City Clerk at any
time prior to the hearing.
City of Roanoke RECOMMIENDEDEIPRIINRIREfi
If you are a person with•a disability
"iN43'need3 acconflRjalr5h3 fiat This Cumin.Blot:
I, (the undersigned) an authorized representative public hearing,please contact the City Economy $ 1,340,779
of the Times-World Corporation, which corporation Clerks ice,(540)853-$41,by 10:00 Education 76129,483
p p a.m.,Megpzbt.aprll 21,2014. Good Government 16,611,698
Human Services 34,936234 :
is publisher of the Roanoke Times, a daily Complete copies of the recommended In9.5(13lme 21,777,273 I
newspaper published in Roanoke, in the State of
budget will be available for public fnandiry 15,140,207
Inspection at the City Clerk's Office, "°"Depaonen� 23,425,126
Virginia, do certify that the annexed notice was Room 456, and the City Mana er's Safety s 611,209
g Office,Room 364,located in the Noel b471 x991
published in said newspapers on the following C Taylor Muhicipal BUildings 215
dates: Church Avenue,S.W.,Roanoke,Vlrginla TOTAL'GBifAAL FUND $210272,000
and the Main Public Library located '
at 706 5. Jefferson Street, Roanoke, Proprietary Rude
Virginia. Enterprise Funds:
The recommended budget Is cMcFacllines Fund S 2141.109
City/County of Roanoke, Commonwealth/State of summarized as follows: Parking Fund $ 3218,000
MR
Vir inia Sworn & subscribed before me this R MINES: Storiwaterwnd S 1956340
day of April 2014. Witness my hand
kNnru154rrl Ft
and o al seal. Fern Properly T4 a $106,079900 73$ Flee Mam was
` ••°{ko Fees&U . 73,803,000 9 S $5,861,543
'Rvmh;Fees&Ucensek 1,211,000 Risk Management Fund $15921944
r1 : _'i_ /,,,,ii Notary Public ties and Forfeitures ,' ' 1,276000 Tedindogy Fund $6,278,998
`,``1AAM cENAAAI,,� RaAUer 66,638,0
P.M•,,, f 4> charges fix(went lenkes 10,426000
' ' Miscellaneous Revenue
P '
21,0.,^'
•.NOTARY ''•, y GenemlwM $vo9m,0oo
PUBLISHED ON: 04/17 .: PUBLIC '• TOTAL-GB1EMLFUND . $2602.21010 Food Semites Fund $ 7,500,000
REG. #332964 :• ,i ryFodu Athletics Fund $ 2,000,000
%* : MY COMMISSION Ena t_Ec
QCs '. EXPLR.S . ▪J IFund S 2141,109 Given under myhandihis
und S�tik� 17th dofApii 2014.
TOTAL COST: 618.71',0 -\ ;• I Fund $ 7950140 Stephanie M.Moon,MMC
FILED ON: 4/29/2014 'I,,4/14/E,t •-• - ' ;. City Clerk
r41 e1u444A
Authorized
Signature: L O4--- , Billing Services Representative
AjssV"
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE
RECOMMENDED 2014-15 BUDGET
Pursuant to Section 15.2-2506, Code of Virginia (1950), as amended, notice is hereby given that
on Thursday, April 24, 2014 at 7:00 p.m., or as soon thereafter as the matter may be heard,
Roanoke City Council will hold a special meeting in City Council Chamber, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a
public hearing on the recommended 2014-15 City Budget. All persons shall be afforded an
opportunity to speak and state their views concerning all aspects of the budget within such
reasonable time limits as shall be established by City Council. Written comments of interested
citizens also will be received by the City Clerk at any time prior to the hearing.
If you are a person with a disability who needs accommodations for this public hearing, please
contact the City Clerk's Office, (540) 853-2541, by 10:00 a.m., Monday, April 21, 2014.
Complete copies of the recommended budget will be available for public inspection at the City
Clerk's Office, Room 456, and the City Manager's Office, Room 364, located in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia and the Main Public Library
located at 706 S. Jefferson Street, Roanoke, Virginia.
The recommended budget is summarized as follows:
REVENUE ESTIMATES:
General Fund:
General Property Taxes 106,079,000
Other Local Taxes 73,803,000
Permits, Fees & Licenses 1,211,000
Fines and Forfeitures 1,276,000
Revenue from Use/Money & Property 185,000
Intergovernmental Revenue — State/Federal 66,638,000
Charges for Current Services 10,426,000
Miscellaneous Revenue 604,000
TOTAL - GENERAL FUND $260,222,000
Proprietary Funds:
• Enterprise Funds:
Civic Facilities Fund $ 2,141.109
Parking Fund $ 3.218.000
Stormwater Fund $ 2.950,340
• Internal Service Funds:
Fleet Management Fund $ 5,861.543
School Fund:
General Fund $170,000,000
Food Services Fund $ 7,500.000
Athletics Fund $ 2.000.000
RECOMMENDED EXPENDITURES:
General Fund:
Economy $ 1,340,779
Education 76,129,483
Good Government 16,612,698
Human Services 34,936,234
Infrastructure 21,777,273
Livability 15,140,207
Non-Departmental 23,425,126
Outside Agencies 6,144,209
Safety 64,715,991
TOTAL - GENERAL FUND $260.222.000
Proprietary Funds:
• Enterprise Funds:
Civic Facilities Fund $ 2,141,109
Parking Fund $ 3.218,000
Stormwater Fund $ 2.950,340
• Internal Service Funds:
Fleet Management Fund $ 5.861.543
Risk Management Fund $ 15.821.044
Technology Fund $ 6,278,998
School Fund:
General Fund $170.000.000
Food Services Fund $ 7.500.000
NOTE TO PUBLISHER:
Please publish in full once on Thursday, April 17, 2014 in The Roanoke Times Virginia Section.
Proof copy requested. Send to: Lesha VanBuren
Administrative Assistant III
215 Church Avenue, S. W., Room 357
Roanoke, VA 24011
Phone 853-6800
The ad size should be 1 column x 13.5".
Please send publisher's affidavit to: Stephanie M. Moon, CMC, City Clerk
Room 456, Municipal Building
Roanoke, VA 24011
Please send bill to: Lesha VanBuren
Administrative Assistant III
215 Church Avenue, S. W., Room 357
Roanoke, VA 24011
kt
z.
Civic Agriculture Pilot Project
Initial Project Summary Report
Kimberly Shrader, Candidate,Masters of Public Health, Virginia Tech
The Civic Agriculture Pilot Project is a collaborative effort of Virginia Tech's Masters in Public Health Program,the
Virginia Cooperative Extension,the Local Environmental Agriculture Project (LEAP), and the Roanoke Community
Garden Association.The project is aimed at identifying the needs,challenges,and successes of our community
gardens,farmer's markets,and related educational outreach programs so that the Virginia Cooperative Extension
and other key community partners may better work together to improve the health of the community.
To gather information needed for this project,seven focus groups were conducted in the fall of 2013 and winter of
2014,focusing on the topic of local foods. Participants in these sessions were farmer's market consumers,
community leaders and public officials,community gardeners, commercial growers and producers,Master
Gardeners,limited resource individuals,and regional Extension agents. Recruited through a mixture of electronic
communication,flyers,and word of mouth,these participants brought a wealth of knowledge and perspective to
the face of local foods in the Roanoke area.
Common Issues
• The Roanoke area is experiencing a period of considerable growth in local foods,supported at all levels by
private citizens,neighborhoods, community organizations,and local government.
• The local foods movement presents a variety of opportunities to positively impact health. Beyond
immediate nutrition benefits,farmer's markets and community gardens are believed to contribute to
increased amounts of physical activity,social interaction and heightened sense of connectivity, as well as
therapeutic and mental health opportunities.
• Local foods are seen as an economic driver for Roanoke City and surrounding areas,increasingly becoming
a food destination for the region. Restaurants, food tours,and food-focused festivals are believed to be
important aspects of marketing and tourism in the area.
The Role of Virginia Cooperative Extension:
• Participants voiced the need for an agriculture agent in the Roanoke office,citing the current unfunded
position as a significant loss for local producers and citizens.Concerns for the future of local food focused
mainly on the need for more farmers,access to capital,and ensuring that farmers are supplied with the
knowledge and tools they need to thrive.Those who have worked with Extension reported mostly positive
experiences,citing dedicated staff and the network of resources available to their local Extension office,
however funding cuts loom over future efforts as a serious concern.
• Many participants look to the Virginia Cooperative Extension as a trusted source of knowledge and
information,while others were unaware or unsure of Extensions scope and mission. Suggestions were
made that VCE operate as a central point for coordination of local food initiatives,acting as a"connector"
and "facilitator" for increased collaboration across the region.
• Virginia's agricultural heritage is a point of pride for many citizens.Urban agriculture is viewed as a way to
connect traditions of the past with opportunities in the future.As one of the most well established agencies
in the Commonwealth,the Virginia Cooperative Extension shares this agricultural history and is uniquely
poised to support future efforts in urban agriculture.
Next Steps
Participants offered many ideas for continuing to build upon Roanoke's current local food systems
successes.These ideas included some simple suggestions: incorporating more structured gathering spaces at the
markets,establishing a local food festival,and creating healthy food kits for consumers.Other more resource
intensive ideas included:focusing on partnerships aimed at increasing data collection and information sharing
among community organizations, providing existing farmers with greater educational opportunities,and
connecting new and aspiring farmers with the resources they need to be successful now and into the future.
Quotes about Roanoke's Agriculture& Natural Resource Agent:
"The regulations at farmer's market are overwhelming to teach farmers, and it seems like
managers are the bad guys. It's very intimating to meet state standards, to have a good market,
enforce rules, and the education piece is important. To sell requires a grower's permit, but VCE
no longer offers that. I wish they could find funding to fill VCE's agriculture agent position."
"I've been watching decline over time of number of agents. In schools now, unless teacher
embraces agent, they won't be in the classroom. VCE is very dependent on volunteer, and it's a
huge opportunity to involve volunteers, but it's huge investment to become a Master Gardener—
training, hours, and prohibitive for some people who can't commit to that. There are wonderful
services, but who is carrying the banner? Who will spread the word?VCE is spread thin."
"I went to VT and I know part of Land Grant University's mission is to serve public. Agents
would go work with farmers, and that's important, but that support hasn't been sustained. It
keeps getting cut along the way, and now they are depending on few staff and lots of volunteers.
It scares me to see support lacking for farmers."
"VCE has cut staffing over years. We lost Sherry, our agricultural agent. Having that resource is
really important. You lose it and now need to education people all over again. It(VCE) is an
amazing resource for anyone and everyone. But it's got to be an accessible resource. If there are
not enough personnel,people are going to think `Why bother?'
"Sherry's(previous agriculture agent) absence is felt. Other programs in the City, like the
Virginia Grower's Academy, is now defunct—What do we have to do to prove that we're worthy
of an Ag agent?"
"I like that it's not one thing—there's 4-H, Deb (Family& Consumer Science Agent), Master
Gardeners, and things I'm leaving out. It's bigger than I realized. An outsider might know one
aspect,just food programs,just gardening. When we had agent, it was fabulous for commercial
resources. Barb (Horticulture Technician) is great but she's not an agent. It's a great loss to not
have an agent."
"In Roanoke, Extension plays a part in education for gardens. There is another organization is
leading the whole community garden thing, and it's grown a lot, and is very visible. The City is
embracing it and what it's doing. It's also giving a lot of refugees and immigrants a place to
grow their food, when they didn't have the opportunity before. It could expand into business.
Sherry (past Extension agent)was working with business, working with inner city kids,
connecting the dots between growing and eating food. It's about getting back to where we were,
making it valuable. People are clammering for their spots at the community gardens and wanting
to grow. I'm not sure how busy it is in Roanoke during the heat of August; it's hard work but I
think the positive outweighs the negatives."