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HomeMy WebLinkAboutCouncil Actions 09-15-14 LEA 40049-091514 w wr-,I ,.gt ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. ALL PRESENT. The Invocation was delivered by Carlton W. Wright, Associate Pastor, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 18 at 7:00 p.m., and Saturday, September 20 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 S THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: FAIR HOUSING BOARD TWO VACANCIES (TERMS OF OFFICE ENDING MARCH 31, 2016) ROANOKE NEIGHBORHOOD ADVOCATES - FOUR VACANCIES (TWO UNEXPIRED TERMS ENDING JUNE 30, 2015; TWO UNEXPIRED TERMS ENDING JUNE 30, 2016) 2 It* PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION — ONE VACANCY (TERM OF OFFICE ENDING JUNE 30, 2017) BUILDING AND FIRE CODE BOARD OF APPEALS — TWO VACANCIES CITIZEN AT LARGE/PROPERTY MANAGER REQUIREMENTS (TERMS OF OFFICE ENDING JUNE 30, 2017) ARCHITECTURAL REVIEW BOARD — ONE VACANCY (TERM OF OFFICE ENDING OCTOBER 1, 2018) ECONOMIC DEVELOPMENT AUTHORITY— TWO VACANCIES (FOUR-YEAR TERMS OF OFFICE ENDING OCTOBER 19, 2018) THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2014 CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT THE CITY CLERK'S OFFICE OR ACCESS THE FORM ON THE CITY CLERK'S WEBPAGE AT WWW.ROANOKEVA.GOV/CITYCLERK. DEADLINE FOR RECEIPT OF NOMINATIONS IS MONDAY, SEPTEMBER 29, 2014. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring the month of September as Pulmonary Fibrosis Awareness Month. Mayor Bowers presented a ceremonial copy of the Proclamation to Amy and Rebecca Leggett, Advocates with the Coalition of Pulmonary Fibrosis. A proclamation declaring the month of October as National Disability Employment Awareness Month. Mayor Bowers presented a ceremonial copy of the Proclamation to Karen Michalski-Karney, Executive Director, Blue Ridge Independent Living Center, and he recognized participants from the Project Search Program. 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. • Steven Grammer appeared before the Council and asked that the hours of operation for public transportation be extended. 3 S 4. CONSENT AGENDA (APPROVED 7-0, Vice-Mayor Trinkle abstaining from vote on C-2.) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Sherman P. Lea, Chairman, Roanoke City Council Personnel Committee, requesting that City Council convene a Closed Meeting to discuss the performance of a Council-appointed officers, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C-2 A communication from the City Manager requesting that City Council convene a Closed Meeting to discuss the disposition of City-owned property located at 250 Reserve Avenue, S. W., designated as Official Tax Map No. 1040201,where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. (Vice Mayor Trinkle recused himself and would refrain from any discussions regarding the abovementioned matter inasmuch as he is employed with Carilion Medical Center, Inc.) C-3 Reports of qualification of the following individuals: Christopher P. Morrill as the City official representative of the Roanoke Valley Broadband Authority for a two-year term of office, commencing December 13, 2013 and ending December 12, 2015; Barbara A. Dameron as an ex-officio member of the Roanoke Valley Juvenile Detention Center Commission to fill the unexpired term of Ann H. Shawver ending June 30, 2016; Landon C. Howard, Thomas Pettigrew and Ssunny Shaw as members of the Roanoke Civic Center Commission for three—year terms of office, each, ending September 30, 2017; Stephanie M. Moon Reynolds as the City Clerk, Daniel J. Callaghan as the City Attorney, Drew Harmon as the Municipal Auditor, and Barbara A. Dameron as the Director of Finance of the City of Roanoke for two-year terms office, each, ending September 30, 2016; and 4 Rick D. Clark as a law enforcement representative of the Towing Advisory Board for a three-year term of office ending October 31, 2017. RECOMMENDED ACTION: Received and filed. BID OPENINGS Bids for a naming rights agreement with the City of Roanoke for naming and sponsorship of a children's playground at Elmwood Park. Received one bid from Carillon Medical Center, Inc. The bid was referred to City Administration for review and recommendation to the Council at its 7:00 p.m., session. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the Honorable Tim Allen, City Sheriff, requesting an acceptance and appropriation of funds in connection with the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant from the Bureau of Justice Assistance Office in conjunction with the U. S. Department of Homeland Security to partially fund the purchase of a new inmate transport vehicle; and a communication from the City Manager concurring in the request. Adopted Resolution No. 40049-091514 and Budget Ordinance No. 40050-091514 (7-0). 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1 . Acceptance and appropriation of funds in connection with an Assistance to Firefighters Grant from the Federal Emergency Management Agency (FEMA) for the purchase of seven power load stretcher systems for existing front line ambulances. Adopted Resolution No. 40051-091514 and Budget Ordinance No. 40052-091514 (7-0). 5 1 2. Acceptance of a Virginia Homeless Solutions Program(VHSP)grant from the Department of Housing and Community Development to support Continuum of Care strategies and homeless service and prevention programs. Adopted Resolution No. 40053-091514 and Budget Ordinance No. 40054-091514 (7-0). 3. Authorization to acquire real property rights in connection with the Wyoming Avenue/Westside Boulevard Drainage Improvements Project. Adopted Ordinance No. 40055-091514. 4. Acceptance and appropriation of funds in connection with the FY2014 Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice to support the City's bicycle patrol program and surveillance and security improvements in the Sheriffs Office. Adopted Resolution No. 40056-091514 and Budget Ordinance No. 40057-091514 (7-0). 5. Approval of an Agreement to Modify the Blue Hills Village Concept Plan. Adopted Ordinance No. 40058-091514 (7-0). 6. Approval of an encroachment permit for Roanoke River Investments, LLC for private street lights along Old Whitmore Avenue and Old Woods Avenue, S. E.; subject to certain terms and conditions; and adoption of a proposed ordinance repealing Ordinance No. 40017-080414 that was adopted by the Council on August 4, 2014. Adopted Ordinance No. 40059-091514 (7-0). COMMENTS BY ASSISTANT CITY MANAGER. Sherman M. Stovall, Assistant City Manager of Operations, reminded that a dedication ceremony for the new mural under the Main Street Bridge over Wasena Park will be held on Friday, September 19, 2014,at 3:00 p.m., adding the public is invited to attend the ceremony dedicating the mural entitled "Beautiful View"which focuses on scenes from the Wasena Neighborhood and the Greenway. He pointed out that funding for the project was provided through the City of Roanoke's Percentage for Art Program and a development grant received by the Wasena Neighborhood Forum. 6 • 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds in connection with the 2012 - 2013 Flow Through IDEA Program that provides aid for the education and guidance of students with disabilities; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40060-091514 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution recognizing the City's support of a Virginia Municipal League initiative — Healthy Eating Active Living (HEAL) that promotes healthy lifestyles. Adopted Resolution No. 40061-091514 (7-0). 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Rosen reported that the Governor and the General Assembly have come to an agreement to cut approximately $345 million in funding to localities in the current year and $546 million in the coming year, noting that rather than making cuts to certain programs, the Commonwealth will reduce the total amount of funding and allow localities to determine which programs will be affected. Mayor Bowers pointed out that the first Council Meeting in October will be held on Thursday, October 9 due to the Virginia Municipal League Conference which will be held in the City of Roanoke from October 5-7, 2014. He further pointed out that Council's Annual Retreat will be held on Friday, October 17 at 8:30 a.m., and that the location has yet to be determined. Council Member Price announced the 25th Annual Henry Street Festival on Saturday, September 20 from 10:30 a.m., to 10:00 p.m.,at the newly-renovated Elmwood Park. She noted a variety of artists from hip-hop to the Roanoke Symphony would be performing; and Jane Powell will also be featured. She encouraged everyone to attend rain or shine. 7 As a reminder, Council Member Lea mentioned a workshop with the City of Salem and Roanoke County on domestic violence at the Salem Civic Center on Thursday, September 18 at 6:00 p.m., featuring the Honorable Philip Trompeter, Judge, as the Keynote Speaker, adding that admission is free and refreshments will be provided. Council Member Ferris announced the Greek Festival on September 19-21 at the Holy Trinity Greek Orthodox Church. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed C. J. Meidlinger to fill the unexpired term of Asia Smith as a member of the Roanoke Neighborhood Advocates ending June 30, 2015. Appointed Sharrieff Jones to fill the unexpired term of Philip Clement as a member of the Roanoke Neighborhood Advocates ending June 30, 2016. Waived residency requirement for Joseph Wood as a member of the Towing Advisory Board, which reappointment was made at the September 2, 2014, Council Meeting. 12. RECESS. AT 2:52 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 eA • tea:,cti44, ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. ALL PRESENT. 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 Boy Scout Troop No. 17 of St. John's Episcopal Church. Welcome. Mayor Bowers. CERTIFICATION OF CLOSED MEETING (7-0, only in connection with the Closed Meeting on a personnel matter) NOTE: (6-0, Vice-Mayor Trinkle abstained from voting on the Closed Meeting involving the discussion of disposition of City-owned property located at 250 Reserve Avenue, S. W., due to conflict of interest, being he is employed with Carillon Medical Center, Inc.) NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 18 at 7:00 p.m., and Saturday, September 20 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. 9 4 A. PUBLIC HEARINGS: 1. Request of Ivy View, LLC, to repeal all conditions proffered as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S. W., designated as Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively, which were adopted through enactment of Ordinance Nos. 36925-122004 and 37875-082007. Maryellen F. Goodlatte, Attorney, Spokesperson. Adopted Ordinance No. 40062-091514 (7-0). 2. Request of 360 Toyota, LLC, to establish a sign overlay district for property located at 1530 Court land Road, N. E., designated as Official Tax Map No. 3070316. Ben Crew, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 40063-091514 (7-0). 3. Request of Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") in connection with property located at 1130 Overland Road, S. W., to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan(INPUD), during the comprehensive rezoning, pursuant to Ordinance No. 37269- 120505, adopted by the Council on December 5, 2005. Howard Boggess, Lumsden Associates, PC, Spokesperson. Adopted Ordinance No. 40064-091514 (7-0). 4. Proposal of the City of Roanoke recommending execution of a Naming Rights Agreement with the City of Roanoke for naming and sponsorship of a children's playground at Elmwood Park. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Ordinance No. 40065-091514 (6-0, Vice-Mayor Trinkle abstaining from vote due to a conflict of interest). B. OTHER BUSINESS: 1.(a) Petition of Appeal filed by Joyce Epperly appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W. Jennings T. Bird, Esquire, Spokesperson. 10 (b) A communication from Jennings T. Bird, Attorney, requesting that the abovementioned Petition of Appeal filed by Joyce Epperly be withdrawn inasmuch as the matter has been resolved. Appeal withdrawn since the matter had been resolved. Received and filed communication. 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. • Pete Lampman appeared before Council and thanked the Council and City Administration Members for its support of the Subway Commonwealth Games for the past 25 years. D. ADJOURNMENT - 7:40 P.M. 11 or CITY OF ROANOKE Ati OFFICE OF THE CITY CLERK � 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 ,x3 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail elerk4i roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk September 15, 2014 Associate Pastor Carlton W. Wright Shenandoah Baptist Church 6520 Williamson Road, N. W. Roanoke, Virginia 24019 Dear Reverend Wright: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 15, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, { t a ysn Aft kribitk Stephanie M Moon Reynolds, MMC City Clerk SMR:aa Office of the Mayor CITY OF (I' t) ROANOKE r otiamalion WHEREAS, Pulmonary Fibrosis is a lung disorder characterized by progressive scarring-known as fibrosis and deterioration of the lungs, which slowly robs its victims of their ability to breathe, WHEREAS, Pulmonary Fibrosis affects at least 200,000 Americans with an estimated 48,000 new cases diagnosed each year, and has no FDA-approved treatment and no cure, WHEREAS, Pulmonary Fibrosis is difficult to diagnose, and an estimated two- thirds of patients die within five years of diagnosis, meaning as many people lose their lives each year to it as breast cancer- 40,000 and; WHEREAS, in the month of September the Coalition for Pulmonary Fibrosis, a 501 (c)(3) nonprofit organization founded in 2001 to accelerate research efforts leading to a cure for pulmonary fibrosis while educating, supporting, and advocating for the community of patients, families and medical professionals fighting this disease, seeks to achieve greater national awareness and fundraising in the race to find a treatment and a cure for pulmonary fibrosis. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of the Coalition for Pulmonary Fibrosis do hereby proclaim September 2014, throughout this great, six-time All-America City, as PULMONARY FIBROSIS AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this fifteenth day of September in the year two thousand and fourteen. ATTEST: �/ 57 so 101 Stephanie oon eynolds ` David A. Bowers City Clerk -- _ Mayor w p r Office of the Mayor CITY OF ' ROANOKE • To davit'011 REAS, we recognize that for Americans with disabilities, employment is a mental to independence, empowerment and quality of life; REAS, the United States Congress, by joint resolution ofAugust 11, 1945, ended (36 U.S.C. 121), has designated October of each year as National lity Employment Awareness Month; REAS, the Americans with Disabilities Act of 1990 (ADA) is designed to remove barriers and enable individuals with disabilities to fully participate in society; WHEREAS, the Valley Advocates and Leaders for Understanding and Education (VALUE), formerly the Mayor's Committee for People with Disabilities, a volunteer group of citizens and business leaders with and without disabilities, formed originally in 1969 as The Mayor's Committee on Employment of the Handicapped" continues to work diligently to improve the lives of individuals with disabilities; WHEREAS, the City of Roanoke continues to work with VALUE and other Roanoke Valley organizations and citizens: • to improve the physical,psychological, social and spiritual well-being of persons with disabilities in the community; • to educate the public about resources available to make the most of the potential of individuals with disabilities; • to recognize the value of employees with disabilities and their employers through special programs and activities throughout the year;and • to uphold the fundamental commitment of justice and equality for all people;and NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 2014, throughout this great, six-time All- America City, as DISABILITY EMPLOYMENT AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this fifteenth day of September in the year two thousand and fourteen. ATTEST: Stephanie on Reynolds A. Bowers City Clerk z, '-., ± Mayor -- /i. t. I ,{'? CITY OF ROANOKE .r) ; OFFICE OF THE CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 DAVID A.BOWERS E-mail: clerkLroanokeva.gov DAVID B.TRINKLE Mayor Vice-Mayor WILLIAM D.BESTPITCH RAPHAEL E.FERRIS SIIERMAN P.LEA ANITA J.PRICE COURT G.ROSEN Council Members September 15, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss the performance evaluation of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, AA_ Sherman P. Lea, Chair Roanoke City Council Personnel Committee SPL:smr T i ---1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of City-owned property located at 250 Reserve Avenue, S.W., bearing Official Tax Map No. 1040201 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. opher P. Morrill City Manager Distribution: Council Appointed Officers CITY OF ROANOKE ! OFFICE OF THE CITY CLERK x 215 Church Avenue,S. W.,Room 456 ? . Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: cicrk(tproanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 16, 2014 Wayne G. Strickland, Secretary Roanoke Valley Broadband Authority P. 0. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Christopher P. Morrill, City Manager, has qualified as the City official representative of the Roanoke Valley Broadband Authority for a two-year term of office, commencing December 13, 2013 and ending December 12, 2015. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher P. Morrill, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City official representative of the Roanoke Valley Broadband Authority for a two-year term of office, commencing December13, 2013 and ending December 12, 2015, according to the best of my ability. So - m- God. 1 r hris opher P. Morrill The foregoing oath of office yeas taken, sworn to, and subscribed before me by Christopher P. Morrill this 5 day of 2014. Brenda S - :milton, Clerk the Circuit Court i By lr p ..e/adiAC , Clerk • c CITY OF ROANOKE -Art OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 a Roanoke,Virginia 24011-1536 ¢e, R,_,t Telephone: (540)853-2541 Fax: (540)853-1145 S'I'EPHAN I M.MOON REYNOLDS,MMC E-mail: clerk @roanokevagov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 16, 2014 Jane Conlin, Secretary Roanoke Valley Juvenile Detention Center Commission Roanoke, Virginia Dear Ms. Conlin: This is to advise you that Barbara A. Dameron has qualified as an ex-officio member of the Roanoke Valley Juvenile Detention Center to fill the unexpired term of Ann H. Shawver ending June 30, 2016. Sincerely, A , mrr Stephanie M. Moon Re lds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barbara A. Dameron, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Director of Finance of the City of Roanoke, for a term of two-years commencing October 1, 2014, and ending September 30, 2016, according to the best of my ability. So help me God. A . Dameron The foregoing oath of office was taken, sworn to, and subscribed before me by Barbara A. Dameron this}tiday of lfl 2014. Brenda S. Hamilton, Clerk of the Circuit Court B . t.lkl. : Giv1 1. ' , Clerk 1 w to- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 3 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 16, 2014 June Woodward, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Woodward: This is to advise you that Landon C. Howard, Thomas Pettigrew and Ssunny Shaw have qualified as members of the Roanoke Civic Center Commission for three-year terms of office, each, ending September 30, 2017. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Landon C. Howard, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2017, according to the best of my ability. So help me God. e . Landon C. Howard The foregoing oath of office was taken, sworn to, and subscribed before me by Landon C. rid Howard this day of"t"0fb1 2014. Brenda S. Hamilton, Clerk of the Circuit Court By „(A O &J 2Ac /, Clerk S Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas Pettigrew, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2017, according to the best of my ability. So help me God. Thomas Pettigrew The foregoing oath o office was taken, sworn to, and subscribed before me by Thomas Pettigrew this day of . 2014. I Brenda Hamilton, Clerk of the Circuit Court By( /' ' iL. .iv , Clerk 7/ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ssunny Shah, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a three-year term of office commencing October 1, 2014 and ending September 30, 2017, according to the best of my ability. So help me God. • Ssunny Shah The foregoing oath of office was taken, sworn to, and subscribed before me by Ssunny Shah thiso� � day of 6USc \ 2014. (� Brenda S. Hamilton, Clerk of the Circuit Court By �.0 LAO 1 ! ASS11i. ' Clerk � 1 4.‘iiitili.• '.. 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 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerkn)roanokevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 16, 2014 Tim Meadows, Secretary Towing Advisory Board 3129 Garden City Boulevard Roanoke, Virginia 24014 Dear Mr. Meadows: This is to advise you that Officer Rick D. Clark has qualified as a law enforcement representative of the Towing Advisory Board for a three-year term of office ending October 31, 2017. Sincerely, giati- 246:444, he) . rvel7 Stephanie M. Moon Reynolds, MMC City Clerk s Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Rick D. Clark, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2017, according to the best of my ability. So help me God. Rick D. Clark The foregoing oath of office was taken, sworn to, and subscribed before me by Rick D. Clark this A day of _fitimilyz__ 2014. Brenda S. Hamilton, Clerk of the Circuit Court r Byr2 4 Q(71.-.1 Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stephanie M. Moon Reynolds, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Clerk of the City of Roanoke, for a term of two-years commencing October 1, 2014, and ending September 30, 2016, according to the best of my ability. So help me God. curt tephanie M. Moon R ynolds The foregoing oath of office was taken, sworn to, and subscribed before me by Stephanie M. Moon Reynolds this e day of gii-0//f 2014. Brenda S. Hamilt. , Clerk of the Circuit Court :y At i0i_ . .Clerk `4» Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Daniel J. Callaghan, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Attorney of the City of Roanoke, for a term of two-years commencing October 1, 2014, and ending September 30, 2016, according to the best of my ability. So help me God. 414.411 /l >, ?L Daniel J. $Ilaghan The foregoing oath of office was taken, sworn to, and subscribed before me by Daniel J. Callaghan this 10u`day of at)(44434-1- 2014. Brenda S. Hamilton, Clerk of the Circuit Court :4 ws. Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Troy A. Harmon, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Municipal Auditor of the City of Roanoke, for a term of two-years commencing October 1, 2014, and ending September 30, 2016, according to the best of my ability. So help me God. Troy A. Harmon The foregoing oath of office was�taak�en, sworn to, and subscribed before me by Troy A. Harmon this /0 1^- day of� 2014. Bren•- S. Hamilton, Clerk of the Circuit Court / By ,1i J L S A /2 C1erk- Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barbara Ann Dameron, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as an ex-officio member of the Roanoke Valley Juvenile Detention Center Commission, to fill the unexpired term of Ann H. Shawver ending June 30, 2016, according to the best of my ability. So help me God. Barbara Ann Dameron The foregoing oath of office was taken, sworn to, and subscribed before me by Barbara Ann Dameron this I U day of�7:f tfliR 2014. Brenda S. Hamilton, Clerk of the Circuit Court B .��.�.I1it .�� 1 ,, 1. lerk BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR, AND DELIVERY LOCATION OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, September 15, 2014, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on September 15, 2014. Date:feflehtbtr I$� .2-0 11 ri I 1; ' " ' C t el-41 rem i°r proposes and agrees, if its Bid (Legal Name of Bidder) gr is accepted, to enter into and be bound by the Naming Rights Agreement for Naming and Sponsorship of a Children's Playground at Elmwood Park ("Naming Rights Agreement") , a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of the Naming Rights Agreement. Bid: The term of such Agreement will be fifteen (15) years. The minimum acceptable aggregate amount payable to the City of Roanoke, Virginia, for the term of the Naming Rights Agreement is $225,000.00. This amount may be paid in one payment upon signing of the Agreement, or in Page I of 6 five (5) equal annual installments, the first payment being due on October 1, 2014, and the remaining payments due on the same day over the four (4) succeeding years. Bid: Bidder shall make payments to be awarded the Agreement in the aggregate amount of to 2r, '; in the following amounts as shown below: October 1, 2014 $ 4/ o.D October 1, 2015 $ f ;.oLJ C October 1, 2016 $ '/ X7=0 D October 1, 2017 $ yS: o a c' October 1, 2018 $ y� 03o TOTAL $ 02015r o oO (must be at least $225,000.00) Bid: Bidder agrees the annual payments will be paid in accordance with the schedule of payments set forth in Section 4 of the Naming Rights Agreement. Bid Term: The Naming Rights Agreement shall commence as of October 1, 2014 and the term of the Naming Rights is fifteen (15) years, commencing on the date on which construction of the Playground is completed, and the Playground is open to the public, which date is expected to be a date on or around May 15, 2015, if not sooner, and ending 15 years from that date. Bid: Bidder designates the name ofr� the Playground to be:41r/ �t-On Ct C ,/ t], 14VC� `; /-Ncall---( Pf �(r-oknL Bid: Bidder has the financial ability to perform the Naming Rights Agreement and submits the following information in Attachment A to establish that bidder has the amount of the first annual payment in an account that is subject to no restrictions and constitutes immediately available funds of the United States. (Information attached may include a certification from bidder's financial institution that identifies the account and the amount in such account). Bid: Bidder submits the following information in Attachment B to (i) demonstrate the character,judgment, integrity, experience, and reputation of the bidder in conducting its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with the City in the promotion of the City of Roanoke public libraries and parks. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Naming Rights Agreement, a copy of which Naming Rights Agreement is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Page 2 of 6 Avenue, S.W., Roanoke, VA 24011. Review of the Naming Rights Agreement, prior to the submittal date and time, is the responsibility of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2-2100, et seq, Code of Virginia (1950), as amended. Bidder acknowledges that the City has the right to reject any and all bids in accordance with Section 15.2-2100, et seq. The Bidder agrees, if its bid is accepted, will post a bond with surety in favor of the City, in the amount of one thousand dollars ($1,000.00) as required by Section 15.2-2104, Code of Virginia (1950), as amended. Consideration of all bids received shall be made in accordance with Section 15.2-2102 of the Code of Virginia (1950), as amended, which provides, in part, as follows: The presiding officer shall read aloud, or cause to be read aloud, a brief summary of each of the bids that have been received, for public information, and shall then inquire if any further bids are offered. If further bids are offered, they shall be received. The presiding officer shall thereafter declare the bidding closed. The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staffs recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise, right, lease or privilege to the lower bidder, if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right, lease or privilege. Please direct any questions or inquiries to Brian Townsend, Assistant City Manager for Community Development, at(540)853-2333 or brian.townsend @roanokeva.gov Page 3 of 6 Ike State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL NAME OFB iDER: -r ,'/� Pri AA cc(; cA-I (Co F t B SA: kJ 1�//.d:kJ TITLE: X ec-w./i v e V.'�c hrcr a-ct ' C // -f� (Printed Title) Ch; f'/-1d/wn ,{r i v e J '/� 11n c Ar✓r-e✓( bCj J��icer- (Printed Name) 1 STREET ADDRESS: 19c9C, Re //cv c w Aye , S. MAILING ADDRESS: / C/G G 12e (/e v i'e /fve CITY: 44 o o k c— STATE: V A ZIP CODE: oZ y.o/ y TELEPHONE: (Sy C) FAX: (Syo ) qg I-76'7 v Bidder's SCC Identification Number: 00 g 5 -Y 2 ` Page 4 of 6 • ATTACHMENT A TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING, AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK Information to establish Bidder's ability to pay the annual fee for the Naming Rights Agreement is attached. Page5 of6 • Attachment A Bid Form for a Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park Information to establish Bidder's ability to pay the annual fee for the Naming Rights Agreement Carilion Medical Center is wholly owned by Carilion Clinic, a not-for-profit healthcare organization based in Roanoke, Virginia. Through a comprehensive network of hospitals, primary and specialty physician practices, and other complementary services, we provide quality care to close to home for nearly 1 million Virginians. Approximately 11,400 people are employed by Carilion and total annual revenues exceed $1.4 billion. •„ ATTACHMENT B TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK Bidder submits the following information to (i) demonstrate the bidder's character,judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with the City in the promotion of the City of Roanoke, Virginia libraries and parks (attach additional sheets if necessary): & ,Xe4. Page 6 of 6 Attachment B Bid Form for a Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park Bidder submits the following information to (i) demonstrate the bidder's character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with the City in the promotion of the City of Roanoke, Virginia libraries and parks. Carilion Roanoke Memorial Hospital, operating under Carilion Medical Center, is one of the largest hospitals in the state of Virginia with 703 beds and an additional 60-bed Neonatal Intensive Care Unit and pediatric emergency department. With a level 1 trauma center and children's hospital, complete with pediatric emergency room, Carilion Roanoke Memorial Hospital treats residents throughout southwest Virginia. In addition to offering high-tech services, the hospital is also home to 11 residency programs and 12 fellowship programs. Carilion Medical Center serves all patients regardless of their ability to pay. As reported in the most recently published report to the community based on fiscal year 2012, Carilion provided $131.5 million in community benefit, including $110.2 million in uncompensated care, $15.2 million in professional education, $4.9 million in community outreach and $1.2 million in funding for research. An additional benefit to the community is Carilion Clinic's economic contribution to the region. As the area's largest employer, jobs are provided for more than 11,400 residents of the region. Carilion Medical Center supports Healthy Roanoke Valley, a collaboration of health and human service agencies developing initiatives to address priorities from the community health needs assessment completed in 2012. Carilion Medical Center is establishing partnerships to reach the most vulnerable populations that were identified in the community health needs assessment. One of the most recent developments is an opportunity to provide health education and screenings for individuals who will receive fresh produce from Feeding America Southwest Virginia's new veggie mobile. Two of the communities that will be served are in Roanoke City. Through the years Carilion Medical Center has provided health education in area libraries, including the Roanoke City Library near Elmwood Park. During fiscal year 2013, more than 27,000 people in the Roanoke Valley received health education during more than 850 events including community presentations, health fairs and screenings. Carilion Medical Center's community health education department serves as host of the local chapter of the National Safe Kids Coalition, providing education on injury prevention to the community and other professionals. Monthly car seat checks are conducted at Roanoke City Fire Station #6 in Southeast. The National Safe Kids Coordinator also provides training on proper car seat installation at no cost for other health and safety providers through a program offered by the Virginia Department of Health. Carilion has served the Roanoke Valley for well over 100 years and is the only not-for-profit hospital system in the area, providing health safety net services to all citizens regardless of their ability to pay. The proposed children's playground at Elmwood Park will promote physical activity for youth, a key strategy in reducing the rate of childhood obesity. 2013 Carilion Medical Center Report to Community was included in the Bid of Carilion Medical Center and Incorporated by Reference in this Copy of the Bid. The Original Report is on File in the City Clerk's Office. A 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-mail: clerkgroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 18, 2014 The Honorable Timothy A. Allen, Sheriff City of Roanoke Roanoke, Virginia Dear Sheriff Allen: I am enclosing copy of Resolution No. 40049-091514 authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40049-091514. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program(SCAAP) Grant in the amount of $11,705 to the Roanoke City Sheriffs Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated September 15, 2014. 2. The Sheriff and the City Manager are hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. ATTEST: aaa...4:41 irn Kkre■City Clerk. g��._ I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40050-091514. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35-140-5918-9010 $11,705 Revenues SCAAP FY15 35-140-5918-5915 11,705 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cler ()1'14„ w documents; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $11 ,705 and to appropriate the same into an account to be established in the Grant Fund by the Director of Finance. Timothy A. Allen Sheriff Distribution: Council Appointed Officers arf CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: SCAAP Reimbursement Grant I concur with the recommendation from Timothy A. Allen, Sheriff for the City of Roanoke, with respect to the subject referenced above. I recommend that City Council accept the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. I further recommend adopting the accompanying budget ordinance to establish a revenue estimate in the amount of $11 ,705 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers `5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40051-091514. A RESOLUTION authorizing the application and acceptance of the Assistance to Firefighters Grant to the City from the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the U.S. Department of Homeland Security, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the Assistance to Firefighters Grant in the amount of $124,740, with a local match of $13,861, making a total award of $138,601, to be used by the Roanoke Fire-EMS Department to purchase seven (7) power load stretcher systems for existing front line ambulances, which are more particularly described in the City Council Agenda Report dated September 15, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept this grant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the U.S. Department of Homeland Security, in connection with the application and acceptance of the foregoing grant. ATTEST: it.4004444.4., City Cle R/ L1444-.1 R-Assistance to Firefighters Grant.9-15-14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40052-091514. AN ORDINANCE to appropriate funding from the Federal Emergency Management Agency (FEMA) for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-520-3758-9015 $ 138,601 Revenues Assistance to Firefighters FY13 35-520-3758-3758 124,740 Assistance to Firefighters FY13 — Local Match 35-520-3758-3759 13,861 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r, City Clerk. ) _� • a Ye CITY COUNCIL AGENDA REPORT Ca- ,y. To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Background: The primary goal of the Assistance to Firefighters Grants (AFG) is to meet the firefighting and emergency response needs of fire departments and emergency medical service organizations. The Department of Homeland Security, FEMA and the U.S. Fire Administration recently announced that the Roanoke Fire-EMS Department has been awarded a federal grant of $138,601 to purchase seven (7) power load stretcher systems for existing front line ambulances. Power lift systems are successful in reducing injuries and strains to Fire-EMS personnel. The grant requires a 10% local match totaling $13,861 . The federal share will be 90% totaling $124,740. Considerations: City Council action is needed to formally accept and appropriate these funds and authorize the Director of Finance to establish accounts for the funds. Recommended Action: Ratify the application for the grant and accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for federal funds totaling $124,740. Transfer funding in the amount of $13,861 from the grant match account (35-300-9700-5415) and appropriate funding in the amount of $138,601 into an expenditure account to be established by the Director of Finance in the Grant Fund. // op er P. Morrill City Manager Distribution: Council Appointed Officers 9/2/2014 Panel Retiew Award Package • https://esenices.fema.goJFemaFireGrant/fireg ranUjsp/fire_admiNawards/spechiew awdrd_pacleg e.do?ag reementNo=EMW-2013-FO-035398printaward=print 1/17 9/2/2014 Panel Re■iew US. Department of Homeland Security Washington. D.0 20472 ��r.ur,y�,r r\ 3 FEMA �U Mr. Dad Hoback Roanoke Fire-EMS P.O. Box 1451 Roanoke, Virginia 24007-1451 Re: Grant No.EMW-2013-FO-03539 Dear Mr. Hoback: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2013 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $138,601.00. The Federal share is 90 percent or$124,740.00 of the approved amount and your share of the costs is 10 percent or$13,861.00. Before you request and receive any of the Federal Grant funds awarded to you, you must establish acceptance of the Grant and Grant Agreement Articles through the Assistance to Firefighters Grant Programs' (AFG) e-grant system. Please make sure you read and understand the articles as they outline the terms and conditions of your grant award. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval, via amendment request, from FEMA. Maintain a copy of these documents for your official file. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-274-0960. Sincerely, Brian E. Kamoie Assistant Administrator Grant Programs Directorate htps://esenices.fema.g odFemaFireGrant/fireg rantlsprfire_admin/awards/specNew award_pacleg e.do?ag reementNo=EMW-2013-F0.035398printaward=print 2/17 9/2/2014 Panel Renew 0 https://eseraces.fema.g oaf emaFireGrant/fireg rant/jsplfire_adrNNawards/specMew award_package.do?ag reernentNo=EMW-2013-FO-03539&printaward=print 3/17 9/2/2014 Panel Review Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2013-FO-03539 GRANTEE: Roanoke Fire-EMS AMOUNT: $138,601.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information -was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The recipient shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application narrative. These sections of the application are made a part of these grant agreement articles by reference. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Grantee Concurrence By providing the Primary Contact's electronic signature and indicating acceptance of the award, the recipient accepts and agrees to abide by the terms and conditions of the grant as set forth in this document. Recipients agree that they will use the funds provided through the Fiscal Year 2013 Assistance to Firefighters grant in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2013 Assistance to Firefighters program guidance. All documents submitted as part of the original grant application are made a part of this agreement by reference. Period of Performance 20-AUG-14 to 19-AUG-15 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 https://eservices.fema.g o'IFemaFireGranUfireg rant sp/fire_admNawards/spechiew award package.do?ag reementNo=EMVV-2013-FO-035398printaward=print 4/17 9/2/2014 Panel Review Equipment $138,601.00 y* Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $138,601.00 NEGOTIATION COMMENTS IF APPLICABLE(max 4000 characters) Funds for"Additional Funding" was reduced to $1. Therefore, they have recommended the award at this level: Total budget $ 138,601 Federal share$124,740 Applicant share$ 13,861 System for Award Management (SAM) Prior to requesting federal funds, all recipients are required to register their entity information in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at httos://www.sam.00v/portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 4000 characters) https://esenices.fema.g off emaFireGrant/fireg rant/jsp/fire_admi Nawards/spec iew award_packag e.do?ag reementNo=EMW.2013-FO-03539&printaward=print 5/17 9/2/2014 Panel Review IS https://esenices.fema.g oJFemaFireGrant/firegrant lsp/fire_admin/awards/spec/view award_pacleg e.do?agreemen[No=EMVJ-2013F0.03539&printaward=print 6/17 9/2/2014 Panel Review • hops://esenices.fema.goJFemaFireGrant/firegrant lsprfire_admin/awdrds/speckiew_award_package.do?agreementNo=EMW-2013F0-035398printaward=print 7/17 9/2/2014 Panel Review Agreement Articles knrt, Department of Homeland Security L ) FEMA U.S. Washington, D.C. 20472 -1vo.e AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety GRANTEE: Roanoke Fire-EMS PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2013-FO-03539 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Administrative Requirements Article II Lobbying Prohibitions Article III Financial Reporting Article IV GPD -Trafficking Victims Protection Act of 2000 Article V GPD - Drug-Free Workplace Regulations Article VI Fly America Act of 1974 Article VII Activities Conducted Abroad Article VIII Acknowledgement of Federal Funding from DHS Article IX Copyright Article X Use of DHS Seal, Logo and Flags Article XI DHS Specific Acknowledgements and Assurances Article XII Civil Rights Act of 1964 Article XIII Civil Right Act of 1968 https://esenices.fema.g ovFemaFireGrant/fireg rant(spr fire_admNawards/spec/viewaward_package.do?ag reementNo=EM W-2013-FO-03539&printaward=print 8/17 9/2/2014 Panel Re■iew Article XIV Americans with Disabilities Act of 1990 I Article XV Age Discrimination Act of 1975 Article XVI Title IX of the Education Amendments of 1972 Article XVII Rehabilitation Act of 1973 Article XVIII Limited English Proficiency Article)(IX Animal Welfare Act of 1966 Article XX Clean Air Act of 1970 and Clean Water Act of 1977 Article XXI Protection of Human Subjects Article XXII National Environmental Policy Act (NEPA) of 1969 Article XXIII National Flood Insurance Act of 1968 Article XXIV Flood Disaster Protection Act of 1973 Article XXV Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Article)XVI USA Patriot Act of 2001 Article XXVII Environmental Planning and Historic Preservation Screening Article XXVIII Vehicle Awards Article I -Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the"A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." -OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110 (2 CFR§ 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: -OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. -OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. —OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article II -Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. Article III - Financial Reporting https://esertices.fema.go'/FemaFi reGrant/fireg ranVjsp/fire_adrrin/awards/spechiew award package.do?ag reementNo=EMW-2013-FO-03539&printaward=print 9/17 9/2/2014 Panel Renew Recipients will be required to submit a semi-annual Federal Financial Report (FFR), Standard Form (SF-425) through the AFG online e-grant system. The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. The FFR is due semi-annually based on the calendar year beginning with the period after the award is made. Recipients are required to submit an FFR throughout the entire period of performance of the grant. The reporting periods for the FFR are January 1 through June 30 (report due by July 31), and July 1 through December 31 (report due by January 31). At the end of the grant's period of performance, all recipients are required to produce a final report on how the grant funding was used and the benefits realized from the award. Recipients must submit a final financial report and a final performance report within 90 days after the end of the period of performance. Article IV -GPD -Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article V -GPD - Drug-Free Workplace Regulations All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR3001. Article VI -Fly America Act of 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.-4 -§40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article VII -Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII -Acknowledgement of Federal Funding from OHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX -Copyright hdps://ese■Aceslema.g ovFemaFireGrant/fireg rantlspr fire_admNawards/spechiewaward_package.do?ag reementNo=EM W-2013-F0.03539&printaward=print 10/17 9/2/2014 Panel Reuew All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal 40 financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article X - Use of DHS Seal, Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XI -DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree-and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XII - Civil Rights Act of 1964 Recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.§ 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII -Civil Right Act of 1968 All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and https://eser ticeslema.goa/FenaFireGranttfireg rant/jsprfire_admin/awards/speckiew award_package.do?ag reementNo=EMW-2013-F0035398printaward=print 11/17 9/2/2014 Panel Reuew constructed with certain accessible features (see 24 CFR § 100.201). Article XIV -Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213). Article XV -Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI -Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII - Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or seances as well as to employment. Article XVIII - Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. Article XIX -Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX - Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the htlps.//eseraices.fema.gm/FemaFireGrant/fireg rant lsp/fire_admr✓awards/spechiew awardyackage.do?agreementNo=EMW-2013-FO-03539&printaward=print 12/17 9/2/2014 Panel Retiew protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI - Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXII -National Environmental Policy Act(NEPA) of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA),as amended, 42 U.S.C. §4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants (and certain non-construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIII - National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44CFR Part 63. Article XXIV -Flood Disaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV -Coastal Wetlands Planning, Protection, and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. §4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, https://esertices.fema.g ov'FemaFireGrant/fireg rant sp/fire_adrNrdawards/spec/tiew award_pacleg e.do?ag reementNo=EMW-2013-F603539&printaward=print 13/17 9/2/2014 Panel Retiew environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals l for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXVI -USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. Article XXVII - Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment) that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor/fill station/cascade system (Fixed) for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, vehicle exhaust systems (fixed) or washer/extractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency-website at: https://www.fema.gov/library/viewRecord.do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Article XXVIII -Vehicle Awards If awarded any AFG vehicle grant, you must obtain a vehicle purchase contract from the vendor or manufacturer and send it by e-mail to your AFG Regional Representative. A list of the AFG Regional Representatives and their contact information can be found on the AFG website at http://www.fema.govIfire- grant-contact-information. The grantee must include in their vehicle purchase contract specific performance requirements and penalties (penalty clause) for noncompliance with the requirements. The clause should specify a delivery date for the vehicle under contract and include a provision for a penalty for non-delivery on the specified date. Non-delivery by the contract's guaranteed date should require a penalty for non-performance of at least $100 per day until the date that the vehicle is delivered. It is recommended that any department/organization that will advance their own local funds to their vendor prior to receipt of the vehicle obtain a performance bond. The bond may be obtained through the vendor or a local bank. It is required that any department/organization that will advance of Federal funds to their vendor prior to receipt of the vehicle obtain a prepayment bond. A prepayment bond may be obtained through your bank or the vendor. The cost for the bond may be included in the grant. https://esertices.fema.g o∎FemaFireGrant/fireg rant/sp/fire_admirVawards/specMewaward packag e.do?ag reementNo=EMw-2013F0-03539&printaward=print 14/17 9/2/2014 Panel Re∎iew Grantees that fail to comply with these requirements—fail to provide the AFG with a copy of the vehicle purchase contract, or fail to obtain the necessary prepayment bond -will not be eligible for an extension of the grant's period of performance. If you hake questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to firegrants @dhs.gov. https://eseMces.fema.g SFemaFireGrarNfireg rantisp/fire_admin/awards/specMewawdrd_packagado?ag reementNo=EMw-2013-F0-03539&printaward=print 15/17 9/2/2014 Panel Reuew FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT la.AGREEMENT NO. 2.AMENDMENT NO 3. RECFIENT NO 4.TYPE OF ACTION 5.CONTROL NO, EM.N-2013-F0-03539 0 54-6001569 AWARD W518706N 6. RECIAR4T MALE AND ADDRESS 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS Roanoke Fire-EMS Grant Programs Directorate FBvIA, Financial Services Branch 713 Third Street SW 500 C Street,S.W. 500 C Street,S.W., Room 723 Roanoke Washington DC,20528-7000 Washington DC,20472 Virginia, 24016-4009 POC:Andrea Day 9. NAIVE OF RECFBVT PROJECT PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO. OFFICER 5408532327 Catherine Patterson 1-866-274-0960 David Hoback 11.EFFECTNE DATE OF THIS ACTION 12.METHOD OF PAYMENT 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD 20-AUG-14 SF-270 Cost Sharing From:20-AUG-14 To:19-AUG-15 Budget Period From:05-MAR-14 To:30-SEP-14 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAIVE CFDA NO. ACCOUNTING DATA PRIOR TOTAL AMOUNT AWARDED THIS CURRENT TOTAL CtRu1MULATNENON- ACRONYM (ACCS CODE) AWARD ACTION AWARD FEDERAL XXXX-XXX-XXXXXX-XXXXX-XXXX- +OR(-) COMMITMENT XXXX-X AFG 97.044 2014-M3-C111-P4310000-4101-D $0.00 $124,740.00 $124,740.00 $13,861.00 TOTALS $0.00 $124,740.00 $124,740.00 $13,861.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS:RECPIBJT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECFeITSIGNATORY OFFICIAL(Name and Title) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Andrea Day 19-AUG-14 i Go Back https://esenices.fema.g oJFernaFireGrant/fireg rant/sp/fire_admirvawards/speGtiew_award_packag e.do?ag reementNo=EMW2013-F0.035398printaward=print 16/17 9/2/2014 Panel Retiew i. https://esenAces.tema.gm/FemaFireGrant/fi reg rangsp/fire_adrrin/awards/specNew award_paclege.do?ag reementNO=EMW-2013-F0-03539&printaward=print 17/17 71 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40053-091514. A RESOLUTION authorizing the application and acceptance of the Virginia Homeless Solutions Program Grant ("Grant") by the Virginia Department of Housing and Community Development ("DHCD")in the amount of$92,685; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any documentation required to accept the Grant on behalf of the City, including Memoranda of Understanding with certain provider agencies. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby ratifies retroactively the City's application to the DHCD, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke(1979)as amended,and does hereby accept the Virginia Homeless Solutions Program Grant in the amount of$92,685,with a local in-kind match in the amount of$48,000 to be provided by the City for the Central Intake program,and local in-kind matches to be provided by the provider agencies consisting of Council of Community Services, in the amount of$9,000, and Safehome Systems, Inc., in the amount of $8,930, such proceeds to be used during the term of the Grant beginning July 1, 2014, and ending June 30,2015,all as more particularly set forth in the City Council Agenda Report dated September 15, 2014. The Grant will be used by the City and the provider agencies to assist eligible households experiencing homelessness to obtain and maintain housing stability, upon the terms as more particularly set forth in the above referenced City Council Agenda Report. 2. The City of Roanoke is authorized to be the primary fiscal agent for this Grant, R-Homeless Solutions Grant 9-15-14 Ito and shall be responsible for distributing the Grant proceeds to the provider agencies for services provided to the eligible households as more particularly set forth in the above referenced City Council Agenda Report. 3. The City Manager is hereby authorized to execute and file,on behalf of the City, the Grant agreement with the DHCD and all necessary documents required to accept the Grant,including Memoranda of Understanding with the provider agencies performing the services under the Grant. All documents shall be upon form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the application and the City's acceptance of this Grant. ATTEST: --,4C?c,tet.d.)01 . City Clerk 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40054-091514. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development for the Virginia Homeless Solutions Program, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35-630-5403-1002 $31,992 City Retirement 35-630-5403-1105 6,879 401H Health Savings Match 35-630-5403-1117 309 FICA 35-630-5403-1120 2,447 Medical Insurance 35-630-5403-1125 5,892 Dental Insurance 35-630-5403-1126 656 Life Insurance 35-630-5403-1130 408 Fees for Professional Services 35-630-5403-2010 2,586 Telephone 35-630-5403-2020 1,224 Administrative Supplies 35-630-5403-2030 2,500 Training and Development 35-630-5403-2044 2,000 Program Activities 35-630-5403-2066 9,000 ESG-Council of Community Services 35-630-5403-5618 26,792 Revenues VA Homeless Solutions FY15 35-630-5403-5403 92,685 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Atretk,Lad TTESST: City Cler{ . ��;b�J� Y •+ 7a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Department of Housing and Community Development - Virginia Homeless Solutions Grant Award Background: As the grantee, the City of Roanoke received notification of award from the Department of Housing and Community Development (DHCD) in the amount of $92,685 through the Virginia Homeless Solutions Program (VHSP) grant. The VHSP is a state and federally funded program through the State General Fund and the federal Emergency Solutions Grant (ESG) to support Continuum of Care (CoC) strategies and homeless service and prevention programs aimed at reducing the number of individuals/households who become homeless; shortening the length of time an individual or household is homeless; and, reducing the number of individuals/households that return to homelessness. These funds will be used to support the following programs: City of Roanoke Central Intake ($56,893); the Council of Community Services planning activities ($26,792) and Safehome Systems in Covington ($9,000). The City will be serving as fiscal agent for these funds and entering into a contractual agreement with the Council of Community Services and Safehome Systems per the attached memorandum of understanding. These funds must be expended or obligated during the award period of July 1 , 2014 to June 30, 2015. Grantees are required to provide a 25% community-wide match with local or private funds for the entire DHCD-VHSP award amount. Match contributions/types are as follows: the City of Roanoke is providing $48,000 of "in-kind" space contribution for the Central Intake program; Safehome Systems is providing an in-kind match of $9,000 and the Council of Community Services is providing an in-kind match of $8,930. Recommended Actions: Authorize the application and accept the Department of Housing and Community Development grant in the amount of $92,685 and authorize the City Manager to execute the grant documents associated with this funding. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $92,685 and to appropriate the same amount to expenditure accounts to be established by the Director of Finance in the Grant Fund. I Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human and Social Services Carol Tuning, Human Services Coordinator 2 • r1 8 -, Terence R.McAuliffe Governor COMMONWEALTH ®f VIRGINIA William C.Shelton Maurice A.Jones Director Secretary of Commerce DEPARTMENT OF and Trade HOUSING AND COMMUNITY DEVELOPMENT August 18, 2014 Dear Grantee: Enclosed is the signed VHSP grant agreement. Please sign, scan and upload into DHCD's Centralized Application Management System (CAMS)per the enclosed instructions by September 2, 2014, and retain one for your records. Email is DHCD's primary means of communicating with grantees and ensuring that information is distributed in a timely manner. Please take a moment to confirm that the correct individuals in your agency have access to DHCD emails, they are reading them and responding appropriately. Do not hesitate to contact your program administrator should you have any questions. DHCD values your partnership and appreciates your continued efforts to serve those experiencing or at risk of homelessness in the Commonwealth. We look forward to working with you in FY 2015. Sincerely, Kathy D. Rrtson Associate Director Enclosures Partners for Better Communities s D www.dhcd.virginia.gov Main Street Centre•600 East Main Street,Suite 300•Richmond,Virginia 23219•Phone(804)371-7000•Fax(804)371-7090•Virginia Relay 7-1-1 The Department of Housing and Community Development (DHCD) would like to take a moment to update you on the agency's new Audit Policy.The policy is effective July 15, 2014. All organizations for FY 2015 and moving forward receiving funds from DHCD's Division of Housing are required to submit a financial document, yearly. Acceptable financial documents are a Financial Statement**, Reviewed Financial Statement prepared by an independent Certified Public Accountant(CPA), Audited Financial Statement prepared by an independent CPA or an OMB A-133 Audit (Single Audit) prepared by an independent CPA. Please see the table below to determine which document your organization is required to submit. The threshold requirements outlined below are the minimal standards required by DHCD. We strongly encourage all organizations to undertake the highest level of financial management review to ensure practices and procedures are fully examined and evaluated. Threshold Requirement Document Total annual expenditures <$100,000- Financial Statement prepared by regardless of source organizations** Total annual expenditure between$100,001 Reviewed Financial Statement prepared by an and$300,000-regardless of source Independent Certified Public Accountant(CPA) Total annual expenditures> $300,000 - Audited Financial Statement prepared by an regardless of source Independent CPA Federal expenditures>$500,000 (increases to OMB A-133 Audit(Single Audit) prepared by an $750,000 as oJJanuary 2015) Independent CPA **Does not require preparation by a CPA Financial documents must be electronically submitted in DHCD's Centralized Application and Management System (CAMS) within nine (9) months after the end of your fiscal year or 30 (thirty)days after it has been accepted(Reviewed Financial Statement, Audited Financial Statement, and OMB A-133 Audit only) -whichever comes first. If you have any questions regarding the Audit Policy, please contact Lyndsi Austin at (804) 371-7122 or Lyndsi.Austin @dhcd.virginia.gov The full DHCD Audit Policy, including an explanation of the specific document requirements, can be found online at: http://www.dhcd.virginia.gov/images/DHCD/DHCD Audit Policy.pdf. • GRANT AGREEMENT VIRGINIA HOMELESS SOLUTIONS PROGRAM Program Year 2014-2015 15-VHSP-016 This Grant Agreement is made by and between the Virginia Department of Housing and Community Development("DHCD"), and City of Roanoke ("Grantee") for the period July 1, 2014 to June 30, 2015 in the amount of$92,685 is to be expended for shelter operations, diversion/prevention activities, rapid re-housing activities, child services coordination, centralized/coordinated assessment, CoC planning, HMIS and/or administration as indicated in the • DHCD approved budget. The Grantee was identified in the 2014-2016 Virginia Homeless Solutions Program (VHSP)application submitted by the lead agency(or designee)of the Continuum of Care (CoC) or Balance of State Local Planning Group (LPG). Activities funded through this grant will be provided at the Grantee location(s) identified in DHCD's Centralized Application Management System (CAMS). The Department of Housing and Community Development administers the Commonwealth of Virginia's homeless services resources through the Virginia Homeless Solutions Program (VHSP). The Grant, which is the subject of this Agreement, is comprised of state funds through State General Fund appropriations and an allocation from the United States Department of Housing and Urban Development (HUD) authorized under the Emergency Solutions Grant for federal fiscal year 2014-2015. The Grant is subject to the terms, guidelines and regulations set forth in the 2014-2016 Virginia Homeless Solutions Program Guidelines document, any subsequent amendments, the CoC/LPG proposal as amended through negotiations with DHCD, the DHCD approved Grantee budget, HUD regulations 24 CFR Part 576, as amended, which are incorporated by reference as part of this Agreement, the laws of the Commonwealth of Virginia and federal law. Scope of Services The Virginia Homeless Solutions Program (VHSP) goals are to assist households experiencing homelessness to quickly regain stability in permanent housing and to prevent households from becoming homeless. This funding will support coordinated community-based activities that are designed to reduce the overall length of homelessness in the community, the number of households becoming homeless, and the overall rate of formerly homeless households returning to homelessness. VHSP funds may be used for one or more of the following activities as detailed in the VHSP guidelines and must coincide with the VHSP year one request submitted by the Continuum of Care/Local Planning Group lead agency and approved by DHCD: • Shelter Operations • Rapid Re-Housing • Prevention • Child Services Coordination • Centralized/Coordinated Assessment System • CoC Planning • HMIS • Administration • HOPWA Assistance (HOPWA activities will be covered by a separate grant agreement) 2014-2015 VHSP Grant Agreement 1 of 8 w II. Conditions A. Service Provision The Grantee is responsible for coordination of VHSP activities with other CoC/LPG VHSP Grantees and mainstream resources. The Grantee must assure non-duplication of services with other VHSP Grantees. B. Reimbursement Funds are disbursed on a reimbursement basis. Grantees must submit remittances in DHCD's Centralized Application Management System (CAMS) and be able to provide documentation that the work, services, or cost occurred within the grant period and the expenses were paid appropriately by the Grantee. The Grantee agrees to adhere to the reimbursement schedule as follows: Expenditure Period Remittance in CAMS Submission Date July 1, 2014-August 31, 2014 September 10, 2014 September 1, 2014- October 31, 2014 November 10, 2014 November 1, 2014- December 31, 2014 January 10, 2015 January 1, 2015-February 28, 2015 March 10, 2015 March 1, 2015-April 30, 2015 May 10, 2015 Projection Projection May 1, 2015-June 30, 2015 May 10, 2015 Actual Actual May 1, 2015-June 30, 2015 July 10, 2015 Failure to submit remittances in accordance with the schedule as stated above may result in payment delay or denial. C. Reporting Grantees must submit the following reports: Quarterly Reports The Grantee must submit quarterly reports no later than the tenth day of the month following the end of the quarter as indicated below: Report Period Due Date July 1, 2014- September 30, 2014 October 10, 2014 October 1, 2014- December 31, 2014 January 9, 2015 January 1, 2015- March 31, 2015 April 10, 2015 April 1, 2015 - June 30, 2015 July 10, 2015 Grantees are required to submit reports for all four quarters regardless of when grant funds are fully expended. Submission of the quarterly reports implies approval from the Executive Director and is considered final. DHCD reserves the right to withhold reimbursement payments if the Grantee fails to submit the quarterly reports in accordance with the prescribed schedule. 2014-2015 VHSP Grant Agreement 2 of 8 Year End Report A year-end report may be required. D. Continuum of Care Participation Grantees must actively participate in the Homeless Management Information System (HMIS) and regional Continuum of Care or Balance of State local planning groups. In addition, Grantees must assure full participation in annual point-in-time and housing inventory counts. E. Accounting The Grantee must adhere to Generally Accepted Accounting Principles (GAAP). The Grantee shall establish and maintain separate accounts within its existing accounting system or set up accounts independently. The Grantee shall record in its accounting system all grant payments received pursuant to the grant and all other match funds provided for, accruing to, or otherwise received on account of the grant. All costs charged to the grant shall be supported by properly executed payrolls, timesheets, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, contracts, vouchers, or other accounting documents pertaining in whole or in part to the grant shall be clearly identified, readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the grantee. F. DHCD Notification Grantee must notify DHCD of any potentially illegal act, such as misuse of grant funds or fair housing violations, immediately upon knowledge of such act. In addition, Grantee must notify DHCD should any other local, federal or state agency uncover evidence of any potentially illegal act. Failure to do so will constitute a finding and may result in repayment of funds by the Grantee, the de- obligation of current funding and the preclusion of future funding. G. Audit All grantees, sub-grantees, CHDOs, and sub-recipients, localities, developers, or any other organizations that receive funding during a specific program year are required to submit one of the following financial documents: Financial Statement", Reviewed Financial Statement prepared by an independent Certified Public Accountant(CPA), Audited Financial Statement prepared by an independent CPA or an OMB A-133 Audit(Single Audit)prepared by an independent CPA. Please see the table below to determine which document your organization is required to submit. The threshold requirements outlined below are the minimal standards required by DHCD. We strongly encourage all organizations receiving funds from DHCD to undertake the highest level of financial management review to ensure practices and procedures are fully examined and evaluated. 2014-2015 VHSP Grant Agreement 3 of 8 s Threshold Requirement Document Total annual expenditures Financial Statement prepared by <$100,000-regardless of organizations** source Total annual expenditure Reviewed Financial Statement prepared by an between$100,001 and Independent Certified Public Accountant (CPA) $300,000-regardless of source Total annual expenditures> Audited Financial Statement prepared by an $300,000 - regardless of Independent CPA source Federal expenditures OMB A-133 Audit(Single Audit) prepared by an >$500,000 (increases to Independent CPA $750,000 as ofJanuary 2015) **Does not require preparation by a CPA Entities shall file the required financial document in the Centralized Application and Management System (CAMS)within nine (9) months after the end of their fiscal year or 30(thirty) days after it has been accepted (Reviewed Financial Statement, Audited Financial Statement, and OMB A-133 Audit only) -whichever comes first. The full DHCD Audit Policy, including an explanation of the specific document requirements, can be found online at: http://www.dhcd.virginia.gov/images/DHCD/DHCD_Audit_Policy.pdf. H. Compliance Grantees with outstanding audit findings, IRS findings, DHCD monitoring findings or other compliance issues are not eligible to receive allocations, DHCD will work with all interested parties toward the resolution of unresolved matters, where appropriate. Maintenance of Records Records shall be readily accessible to DHCD, appropriate state and federal agencies, and the general public during the course of the grant agreement and shall remain intact and accessible for five years thereafter. The exception is in the event that any litigation claim or audit is started before expiration of the five year period, the records shall be retained until such action is resolved. J. Costs Incurred Prior To Grant Agreement Execution No costs incurred prior to the start of the contract period shall be eligible for reimbursement with grant funds, unless incurred costs are authorized in writing by DHCD. 2014-2015 VHSP Grant Agreement 4 of 8 K. Expenditure Review DHCD will monitor expenditure rates to ensure state resources are maximized. Failure to expend funds proportionately throughout the contract period may result in the de-obligation of funds. DHCD reserves the right to de-obligate funds at any time during the contract period and reallocate as deemed appropriate within the CoC/LPG or statewide based on compliance, performance, need, and available funding. L. Termination, Suspension, Conditions If through any cause, the Grantee fails to comply with the terms, conditions or requirements of the contract documents, DHCD may terminate or suspend this Agreement by giving written notice of the same and specifying the effective date of termination or suspension at least five (5)days prior to such action. In the case of contract violation by the Grantee, DHCD may request that all or some of the grant funds be returned, even if the Grantee has already expended the funds. The Grantee agrees to return such funds as requested by DHCD within 30 days of the written request. M. Subsequent Contracts The Grantee shall remain fully obligated under the provisions of the Grant Agreement notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the activities for which the Grant assistance is being provided to the Grantee. The Grantee agrees to ensure that any contractor or subcontractor who is not the Grantee shall comply with all the lawful requirements of the Grantee necessary to insure that the project for which this assistance is being provided under this Agreement are carried out in accordance with the Grantee's Assurances and Certifications. N. Default A default is any unapproved use of grant funds. Upon due notice to the Grantee of the occurrence of any such default and the provision of a reasonable opportunity to respond, DHCD may take one or more of the following actions: (1) direct the Grantee to submit progress schedules for completing approved activities; (2) issue a letter of warning advising the Grantee of the default, establishing a date by which corrective actions must be completed and putting the Grantee on notice that more serious actions will be taken if the default is not corrected or is repeated; (3) direct the Grantee to suspend, discontinue or not incur costs for the affected activity; (4)require the Grantee to reimburse DHCD for costs inappropriately charged to the program; (5) other appropriate action including , but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. - 2014-2015 VHSP Grant Agreement 5 of 8 M No delay or omissions by DHCD in exercising any right or remedy available to it under the Agreement shall impair any such right to remedy or constitute a waiver or acquiescence in any Grantee default. 0. Conflict of Interest Grantees shall ensure that the provision of any type or amount of assistance may not be conditional on an individual's or family's acceptance or occupancy of housing owned by the grantee, the sub-grantee, a parent organization, or subsidiary. Grantees/sub-grantees, parent organizations, or subsidiaries may not administer rapid re-housing or prevention assistance and use the assistance for households residing in units owned by the grantee/sub-grantee, parent organization, or subsidiary. Individuals (employees, agents, consultants, officers, or elected or appointed officials of the grantee or sub-grantee) may not both participate in decision- making related to determining eligibility and receive any financial benefit. This financial benefit may not be received by the specific individual, any member of his/her immediate family or a business interest. The restriction applies throughout tenure in the position and for a one-year period following tenure. P. Religious Influence The Grantee shall perform activities and all financial and stabilization services in a manner that is free from religious influence. III. Additional Assurances A. Grantee will give the Virginia Department of Housing and Community Development, the Comptroller, HUD and any other authorized state or federal representatives access to and the right to examine all records, books, papers, or documents related to the Grant. B. In accordance with federal law, grantee will provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin, in any phases of employment or in any phase of service delivery. IV. Additional Certifications: The Grantee certifies that it will comply with the following: (a) Freedom of Information Act (5 U.S.0 552) and Virginia Freedom of Information Act; (b)Virginia Fair Employment Contracting Act; (c) Fair Housing Act(42 U.S.C. 3601-20), and implementing measures under: - 24 CFR 100 (discriminatory conduct under Fair Housing Act); 2014-2015 VHSP Grant Agreement 6 of 8 w - Executive Order 11063 and regulations at 24 CFR 107 (preventing discrimination on basis of race, color, creed, or national origin); - 24 CFR Part 8 (prohibiting discrimination against handicapped individuals); - Title VIII of Civil Rights Act of 1968 as amended (prohibiting discrimination based on race, color, national origin, religion, sex, familial status [including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18], and disability) (e) Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at: - 24 CFR 146 (nondiscrimination on basis of age in HUD programs); - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (f) 24 CFR 574.320 (Federal rent standards for rental assistance, requiring rents to be charged no greater than appropriate Fair Market Rent levels); (g) 24 CFR Part 35 (Federal lead-based paint provisions, requiring visual inspections and stabilization of paint before commencement of occupancy); (h) Adhere to Executive Orders 11625, 12432, and 12138, that Grantee must make efforts to encourage participation of minority and women-owned business enterprises in connection with funded activities; - Encourage participation of locally-owned enterprises in connection with funded activities; (i) McKinney-Vento Homeless Assistance Program Regulations; (j)Anti-lobbying Certification; (k) Drug Free Workplace. If requested by DHCD: 1. A Grantee that is a unit of local government agrees to assume the status of a responsible Federal official under the National Environmental Policy Act (NEPA) of 1969 and other provisions of Federal law as specified at 24 CFR 58 and 58.5 and agrees to comply with these NEPA regulations. 1. All Grantees that are not units of local government agree to assist DHCD in carrying out 24 CFR 58 and 58.5. 2014-2015 VHSP Grant Agreement 7 of 8 The Agreement is hereby executed by the parties on the date set forth below their respective signatures as follows: Virginia Department of Housing and Community Development 1 n � Chris Thomp o , l Dep y Director August 18, 2014 Date City of Roanoke Signature 'Lhr�s Morrill Name (printed or typed) M anacer Title Date 2014-2015 VHSP Grant Agreement 8 of 8 , sr1C1 j � � fir, `1 rt 4'.. 9,d‘ Terence R.McAuliffe l Governor 7�,�r7�,� p�7�$'7� A p �r^7�7� 7/7�,7g ,� William C. Shelton Maurice A. Jones COMMONWEALTH EALIl H of VI h• QI IA Director Secretary of Commerce DEPARTMENT OF and Trade HOUSING AND COMMUNITY DEVELOPMENT August 18, 2014 Dear Lead Agency: Enclosed is the signed Continuum of Care/Local Planning Group agreement. Please sign, upload to DHCD's Centralized Application and Management System(CAMS) per the enclosed instructions no later than September 2, 2014, and retain for your records. Do not hesitate to contact your program administrator should you have any questions. DHCD intends to collect community level data consistent with HUD's System Performance Measures starting January 2015. We will keep you abreast as reports to gather this data are made available in CAMS. In the meantime, we highly recommend that you and your HMIS administrator review the information provided on the HUD Exchange at https://www.hudexchange.info/news/hud-releases-the-systemperformance-measures- introductory-guide-and-additional-resources. DHCD values your partnership and appreciates your continued efforts to serve those experiencing or at risk of homelessness in the Commonwealth. We also want to thank you for your collaboration as we work together to improve community based solutions to prevent and end homelessness in Virginia. We look forward to working with you in FY 2015. Sincerely, Kathy D. R r (/tson Associate Director Enclosures Partners for Better Communities ::VIRGINIA ..1111C11 ww.dhcd.virginia.gov Main Street Centre •600 East Main Street, Suite 300•Richmond,Virginia 23219•Phone(804)371-7000• Fax(804)371-7090•Virginia Relay 7-1-1 The Department of Housing and Community Development (DHCD) would like to take a moment to update you on the agency's new Audit Policy. The policy is effective July 15, 2014. All organizations for FY 2015 and moving forward receiving funds from DHCD's Division of Housing are required to submit a financial document, yearly. Acceptable financial documents are a Financial Statement**, Reviewed Financial Statement prepared by an independent Certified Public Accountant (CPA), Audited Financial Statement prepared by an independent CPA or an OMB A-133 Audit (Single Audit) prepared by an independent CPA. Please see the table below to determine which document your organization is required to submit. The threshold requirements outlined below are the minimal standards required by DHCD. We strongly encourage all organizations to undertake the highest level of financial management review to ensure practices and procedures are fully examined and evaluated. Threshold Requirement Document Total annual expenditures x$100,000 - Financial Statement prepared by regardless of source organizations** Total annual expenditure between$100,001 Reviewed Financial Statement prepared by an and$300,000-regardless of source Independent Certified Public Accountant(CPA) Total annual expenditures> $300,000 - Audited Financial Statement prepared by an regardless of source Independent CPA Federal expenditures$500,000 (increases to OMB A-133 Audit(Single Audit) prepared by an $750,000 as of)anuary 2015) Independent CPA **Does not require preparation by a CPA Financial documents must be electronically submitted in DHCD's Centralized Application and Management System (CAMS) within nine (9)months after the end of your fiscal year or 30 (thirty)days after it has been accepted (Reviewed Financial Statement, Audited Financial Statement, and OMB A-133 Audit only) -whichever comes first. If you have any questions regarding the Audit Policy, please contact Lyndsi Austin at (804) 371-7122 or Lyndsi.Austin @dhcd.virginia.gov The full DHCD Audit Policy, including an explanation of the specific document requirements,can be found online at: http://www.dhcd.virginia.gov/images/DHCD/DHCD Audit Policy.pdf. VIRGINIA HOMELESS SOLUTIONS PROGRAM 2014-2015 CONTINUUM OF CARE/LOCAL PLANNING GROUP AGREEMENT 15-CoC-502 This Agreement is made by and between the Virginia Department of Housing and Community Development ("DHCD") and City of Roanoke ("Grantee") for the period July 1, 2014 to June 30, 2015. The purpose of the Virginia Homeless Solutions Program is to provide funding to support an emergency crisis response system to homelessness in communities throughout Virginia. As the lead agency of the Continuum of Care (CoC) or Balance of State Local Planning Group (LPG), the grantee agrees that the following conditions will be met: A. Governance Structure The CoC/LPG will have written policies that specify roles and responsibilities including decision making processes. These policies must be adopted by the CoC/LPG and provide the minimal guidance necessary for CoC/LPG planning, participation, and coordination. These policies must clearly state how CoC/LPG- related decisions are made. B. Coordinated Assessment System The CoC/LPG will implement a local coordinated assessment system that: • Provides coordinated program participant intakes, assessments, and referrals • Covers the CoC/LPG geographic area • Provides easy access for individuals and families seeking housing or services • Provides a comprehensive and standardized assessment tool Each centralized or coordinated assessment system must have in place written standards for determining program eligibility, prioritization, and level of assistance. The CoC/LPG must conduct regular evaluations to determine overall system effectiveness. The CoC/LPG is expected to use system evaluation results to improve the overall effectiveness of the system. The CoC/LPG will report on system implementation and effectiveness. The initial evaluation criteria are: • Number of all households served (receiving homeless services or prevention assistance including HOPWA assistance) within the CoC/LPG • Number of all households served (from above) receiving an initial assessment with the CoC/LPG-based standardized assessment tool C. HMIS Policies and Procedures The CoC/LPG must adopt HMIS policies and procedures that will assure service provider participation, service coordination, service coverage, and data quality. Policies and procedures must provide for client confidentiality, procedures for assuring data quality, and policies and procedures that align with HUD and state data standards. 2014-2015 CoC/LPG Agreement 1 of 2 It. D. Statewide Coordination The CoC/LPG will coordinate point-in-time (PIT) counts and housing inventories on a state level, consistent with a statewide PIT date. State level coordination also requires that the CoC/LPG participate in statewide efforts to provide state- level HMIS data for planning purposes. E. Reporting CoC/LPG will submit reports as required by DHCD. F. Expenditure Reviews The CoC/LPG will monitor expenditure rates of member organizations in the CoC/LPG. DHCD reserves the right to de-obligate funds from member organizations and reallocate as deemed appropriate based on compliance, performance, need and available funding. . G. DHCD Notification The CoC/LPG will notify DHCD of any potentially illegal act by member organizations, such as misuse of grant funds, or fair housing violations, immediately upon knowledge of such act. In addition, CoC/LPG must notify DHCD should any other local, federal or state agency uncover evidence of any potentially illegal act. The Agreement is hereby executed by the parties on the date set forth below their respective signatures as follows: Virginia De artmentiof Housing and Community Development lk Chris Thompson,deputy Director August 18, 2014 Date City of Roanoke Signature O b r i 5 JIdrr; I I Printed Name a;� la M as"at(' Title U Date 2014-2015 CoC/LPG Agreement 2 of 2 • Memorandum of Understanding Between the City of Roanoke and the Council of Community Services The Blue Ridge Continuum of Care is the lead entity for the Department of Housing and Community Development (DHCD),Virginia Homeless Solutions Program (VHSP). The agencies listed below are entering into a Memorandum of Understanding (MOU) to provide shelter operations to individuals and families who seek assistance at their shelter. I. History of the Relationships The Council of Community Services provides strong leadership for organizations and individuals in the areas of planning, information,and referral services to improve the quality of life in our communities. The Council was established to promote the welfare of the Roanoke Valley community through the provision of a forum for the expression and the study of community needs;the survey and evaluation of resources available; the improvement of existing resources; and the establishment of new resources. The City of Roanoke has partnered with the Council to deliver strategic planning to the CoC since 2006 during the initial development of the 10 Year Plan to End Homelessness. Since that time we have collaborated on numerous projects to align our community outcomes with federal and state plans. II. Development of the Application The City of Roanoke, in collaboration with community partner agencies developed the DHCD-VHSP grant application to include a planning component. Planning processes create a mechanism to incorporate and coordinate key events throughout the year such as 1) the CoC's grant applications to the U.S. Department of Housing and Urban Development and to the Virginia DHCD; 2) the annual Point in Time Survey of the Homeless; 3) use of HMIS to track outcomes and monitor progress. The planning process results in clearly defined roles and responsibilities for each part of the system of service thus improving outcomes for both prevention and rapid-rehousing. The planning process increases collaboration among providers and better positions the CoC to be competitive for funding opportunities locally and at the state and federal levels. III. Roles and Responsibilities The roles and responsibilities of partner agencies have been identified as follows: City of Roanoke -Human Services Support will: 1. Review and monitor quarterly invoices for payment to the Council. 2. Provide co-leadership in carrying out the responsibilities of the MOU partner. Council of Community Services will: 1. Assist in the development of a Coordinated Assessment System 2. Conduct performance monitoring, evaluation and reporting of all DHCD-VHSP Programs Recipients and Sub recipients. 3. Oversee data collection 4. Assist in the development of community-wide standardized information and referral process to ensure efficient crisis response to ending homelessness. 5. Coordinate and facilitate collaboration, training and technical assistance among agencies to ensure successful planning and partnerships in the Continuum of Care geographic area. 6. Collaborate to secure and align local public and private funds, state funds,and federal funds to prevent and end homelessness. 7. Reports at quarterly CoC meetings on use of funds and project status in alignment with DHCD quarterly project reports. 8. Pursue other funding opportunities as they become available to provide support to community homeless service providers IV. Timeline The grant period for this collaborative effort coincides with the DHCD-VHSP grant period beginning July 1, 2014 to June 30, 2015. This project may be renewed at one-year intervals based on availability of funding. Approval: We the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein and approve it. Christopher P. Morrill, City Manager Date City of Roanoke Daniel W. Merenda, President Date Council of Community Services Memorandum of Understanding Between the City of Roanoke and SafeHome Systems, Covington, Virginia The Blue Ridge Continuum of Care is the lead entity for the Department of Housing and Community Development (DHCD),Virginia Homeless Solutions Program (VHSP). The agencies listed below are entering into a Memorandum of Understanding (MOU) to provide shelter operations to individuals and families who seek assistance at their shelter. History of the Relationships The collaborating organizations in the Blue Ridge Continuum of Care share a long history of coordinated action to address the challenges of low income individuals and families in our community. SafeHome Systems in rural Covington, Virginia is an integral part of providing emergency shelter to residents in the rural area. II. Development of the Application Discussions have taken place with program partners regarding the utilization of VHSP funds. They will continue the collaborative effort to serve victims of domestic and sexual violence in the rural area. Additionally, collaborating parties have given input into project development, approved the program budget(s), and continue to be involved planning and moving our Continuum forward. Ill. Roles and Responsibilities The roles and responsibilities of partner agencies have been identified as follows: City of Roanoke will: 1 . Serve as fiscal agent for SafeHome Systems in Covington, Virginia. 2. Receive monthly program reports consistent with HUD HMIS data collection reports from agency director. 3. Upon receipt of verified invoice from agency, prepare payment for utilities for the emergency shelter operations. SafeHome Systems will: 1 . Provide emergency shelter to residents of SafeHome Systems. 2. Submit financial and progress reports to the City of Roanoke including backup documentation for utility payments and other associated costs. • IV. Timeline The grant period for this collaborative effort coincides with the DH CD grant period beginning July 1 , 2014 to June 30, 2015. Approval: We the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein and approve it. Chris Morrill, City Manager Date City of Roanoke Tamy Mann, Executive Director Date SafeHome Systems Covington, Virginia •'VIRGINIA ::DHCD VIRGINIA HOMELESS SOLUTIONS PROGRAM Blue Rldppe cmrtc.,.nw dc.ro BLUE RIDGE CONTINUUM OF CARE PROJECT OVERVIEW AGENCY PROJECT REQUEST TYPE AMOUNT OVERVIEW City of Central Centralized/Coord $52,307 This project establishes a central access and referral Roanoke Intake/One inated management system and will provide a single point of entry Door Assessment to those programs within the scope of homeless service System providers as well as facilitating navigation of the broader community service system. This project will facilitate Funded under appropriate and timely referrals (internally and externally) Shelter and minimize duplication. The program serves as a Operations diversion system linking consumers with appropriate resources. City of Planning/Mo DHCD/CoC $26,792 Through contractual agreement with the Council of Roanoke nitoring and Planning Community Services, the City is applying for DHCD/CoC Evaluation Planning funds. Through its planning division, the Council of Community Services offers planning, grant monitoring and evaluation services. Safehome Shelter Emergency $9,000 Safehome will be using these requested funds to help with Systems, Inc. Operations Shelter cost associated with our security systems, maintenance, and utilities of the shelter. The City of Roanoke is serving as the fiscal agent. The Executive Director will submit program reports and reimbursement requests to the City's Human Services Administrator on a monthly basis. $92,685 • DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT VIRGINIA HOMELESS SOLUTIONS GRANT PROGRAM Program Budget Grant Match Operations Case Management 49,807.00 48,000.00 Security Rent Supplies 2,500.00 Maintenance 9,000.00 9,000.00 Utilities Other Rapid Re-Housing Rent Rent Arrears Other Stabilization Services Case Management Support Services Housing Search Credit Repair Financial Assistance Service Location Costs Other HMIS HMIS Staffing Computer Costs Training 2,000.00 Fees and License Other Planning Planning Activities 26,792.00 Administration Administration 2,586.00 Other Total $ 92,685.00 $ 57,000.00 $ Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH) 1. Organization:. A. The name of the committee is the Blue Ridge Interagency Council on Homelessness (hereinafter referred to as the "BRICH") 2. Purpose: A. The BRICH serves as the HUD-designated primary decision making group and oversight board of the Blue Ridge Continuum of Care (hereinafter referred to as the "CoC").As the oversight board of the CoC, the BRICH and its members: a) Ensure that the CoC is meeting all of the responsibilities assigned to it by Department of Housing and Urban Development (HUD) regulations (see below); b) Represent the relevant organizations and projects serving homeless subpopulations; c) Support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; d) Ensure that the CoC is inclusive of all needs of the homeless population in the Blue Ridge CoC, including the special service and housing needs of sub-populations; e) Assist in the development of the annual HUD CoC application; and, f) Facilitate responses to issues and concerns that affect the agencies funded by the CoC that are beyond those addressed in the annual CoC application process. 3. Responsibilities: As the designated board for the CoC for the geographic area, the BRICH works with the CoC Collaborative Applicant (City of Roanoke) to fulfill three major duties: A. Operate the CoC,which must: a) Hold meetings of the full membership,with published agendas,at least monthly; b) Make in invitation for new members to join public available within the geographic area at least annually; c) Adopt and follow a written process to select BRICH members. The process must be reviewed, updated, and approved by the larger CoC membership at least once every two years; d) Appoint committees,subcommittees, or workgroups; e) Review and/or make recommendations for the Annual Homeless Service Providers Award. f) In consultation with the CoC Collaborative Applicant and the HMIS Lead, develop, follow and update annually a governance charter, which will include all procedures Page ] Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH) and policies needed to comply with CoC requirements as prescribed by HUD; and a conflict of interest process for the BRICH, its chair(s), and any person acting on behalf of the board; g) Consult with recipients and sub-recipients of CoC state and federal funding to establish performance targets appropriate for population and program type, monitor recipient and sup-recipient performance, evaluate outcomes,and take action against poor performers; h) In consultation with recipients of CoC State and Federal funds, establish and operate a centralized and coordinated assessment system that provides an initial, comprehensive assessment of the needs of individuals and families for housing and services. i) In consultation with recipients of State and Federal funds within the geographic area, establish and consistently follow written standards for providing CoC assistance. At a minimum, these written standards must include: 1) Policies and procedures for evaluating individuals' and families' eligibility for assistance; 2) Policies and procedures for determining and prioritizing which eligible individuals and families will receive housing assistance; 3) Standards for determining what percentage or amount of rent each program participant must pay while receiving rapid re-housing assistance; and, 4) When the CoC is designated a high-performing community, policies and procedures for determining and prioritizing which eligible individuals and families will receive Homeless Prevention Assistance. B. Designating and operating a Homeless Management Information System (HMIS): a) Designate a single HMIS for the geographic area; b) Designate an eligible applicant to manage the CoC's HMIS,which will be known as the HMIS Lead; c) Review, revise,and approve a privacy plan, security plan, and data quality plan for the HMIS; d) Ensure consistent participation of recipients and sub-recipients of CoC State and Federal funding in the HMIS; e) Ensure the HMIS is administered incompliance with requirements prescribed by HUD. C. Continuum of Care planning—the CoC must develop a plan that includes Coordinating the implementation of a housing and service system within its geographic area that meets the needs of the homeless individuals (including unaccompanied youth) and families. At a minimum,such system encompasses the following: Page 2 Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH) 1) Prevention strategies 2) Outreach, engagement and assessment 3) Shelter, housing and supportive services D. Planning for and conducting,at least annually, a point-in-time count of homeless persons within the geographic area that meets the following requirements: a) Homeless persons who are living in a place not designed or ordinarily used as a regular sleeping accommodation for humans must be counted as unsheltered homeless persons; b) Persons living in emergency shelters and transitional housing projects must be counted as sheltered homeless persons; c) Other requirements established by HUD. d) Conducting an annual gaps analysis of the homeless needs and services available within the geographic area. 4. BRICH Membership: A. Each year, at the annual strategic business plan session,the structure of the CoC, working groups and BRICH is outlined; the nomination process for the BRICH/CoC is also explained. A slate of potential members (developed as described in the Nomination and Terms section below) are presented to and voted on by the BRICH membership at the September meeting. B. In addition to Roanoke Valley Alleghany Regional Commission staff position, the BRICH membership consists of a representative from the following: a. Chair b. CoC Lead c. HMIS Lead d. Planning bodies e. Homeless/Formerly Homeless Person f Behavioral health care providers g. Health Care providers h. Veteran Services i. Education j. Business (2) k Faith Based Entity I. Units of local government represented in the CoC's geographic region Page 3 • w N Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH) m. Public housing authorities n. Law enforcement (2) o. Funders p. Nonprofit Organization (non-voting seat that rotates annually) Advisory seats: In addition to the above roles, BRICH members may designate non-voting representatives to attend and participate in meetings to provide advice and expertise on particular issues. Membership shall not exceed 30 members. 5. Nomination and Terms: All seats are permanent as identified in 5.b above. All seats are subject to staffing changes at represented agencies. A. Vacancies: In the case of a vacant permanent seat, said agency will be responsible for designating another staff person to fill the vacant seat. B. Quorum: In order for the BRICH to take official action,a quorum of members must be present. A majority of members, 50% +1, shall constitute a quorum. The act of the majority of the members present shall be the act of the full membership. C. Voting: At all meetings, business items may be decided by arriving at a consensus. If a vote is necessary, all votes shall be by voice at the will of the majority of the members serving on the BRICH. Each representative seat shall have one vote. No member may vote on any item which presents a real or perceived conflict-of-interest. Members or their designee must have attended at least S0% of annual meetings prior to casting vote. D. Removal: The seat of any representative who is absent without prior notification for three (3) consecutive meetings of the BRICH may be declared vacant by the remaining members of the BRICH. Such seats will then be filled through the processes described above under vacancies. E. Work Groups and Committees: The BRICH may establish committees as it deems necessary. However, only the full BRICH membership, as required to assemble at least monthly, can designate a work group. F. Conflicts of Interest: A representative having a conflict of interest or a conflict of responsibility on any matter shall refrain from voting on such matter. Members of the BRICH will sign a Conflict of Interest policy annually. G. Resignation: Unless otherwise provided by written agreement,any representative may resign at any time by giving written notice to the Chairperson. Any such resignations shall take effect at the time specified within the written notice or if the time be not specified therein upon its acceptance by the BRICH. H. Charter Structure: Staffed positions of the BRICH include: BRICH chair, CoC Chair and lead entity staff representative (recorder). Page 4 Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH) I. Election and Term: The BRICH Chair shall be appointed by the BRICH representatives for a term of three (3) years and may serve up to 2 consecutive terms. J. CoC-Chair: Responsible for scheduling meetings of the BRICH, ensuring that the BRICH meets regularly or as needed, and for setting the agenda for meetings. K. Recorder: The Recorder or their designee shall keep accurate records of the acts and proceedings of all meetings of the BRICH, or designate another person to do so at each meeting, including documenting all actions taken without a meeting,as described above. Such records will include the names of those in attendance. L. Resignation: Unless otherwise provided by written agreement,the BRICH chair may resign at any time by giving written notice to the CoC Chair. 6. BRICH Grievance Policy: Our goal is to provide the community with the friendly,flexible and expedient service with empathy and understanding. In some instances,we may fall short of our goal. A. The Blue Ridge Interagency Council on Homelessness (BRICH) holds the final authority for all decisions related to funding and governance of the Blue Ridge Continuum of Care (CoC). Decisions made or actions authorized by CoC which do not satisfy an interested party may be brought before the BRICH for a decision in accordance with established procedures. B. The BRICH shall not have a conflict of interest for the grievance they are to adjudicate. Membership will consist of the Chair of the BRICH,and three committee members. If conflict with committee member exists, one BRICH representative will be appointed by the Committee Chair. C. Client Grievance - clients of participating agencies shall follow established agency procedures regarding unsatisfactory service. Page s N BLUE RIDGE CONTINUUM OF CARE PROGRAM GUIDELINES CENTRAL INTAKE- ONE DOOR ID 4 OFFICE LOCATION 339 SALEM AVENUE ROANOKE, VA 24016 NOVEMBER 2012 rRGINIA :iDHCD ROANOKE Page i R THIS GRANT IS SUPPORTED BY FUNDING FROM THESE AGENCIES TABLE OF CONTENTS INTRODUCTION i. Purpose of this Manual iv ii Structure of the Manual iv CENTRAL INTAKE- ONE DOOR MANUAL I. GENERAL INFORMATION 1. Purpose of the Manual 1 2. Program Summary I A. Overview 2 B. Program Goals and Objectives 3. Administrative Structure 2 II. ELIGIBILITY/CRITERIA 4. Eligibility Criteria 3 A. Category I 4 B. Category II 4 C. Category III 4 III. INTAKE 5. Obtaining Consent 5 A. Client Authorization 5 B. Opt-Out 5 6. Standardized Assessment 6 A Universal Data Elements 6 B. Client Residence 7 C. Client Finance 7 D. Special Needs 7 E. Barriers to Housing Stability Assessment 8 IV.Coordinated Referral 7. Coordinated Refferal 8 A. Homeless Prevention 8 B. Rapid Re-housing 9 Page ii s C. Shelter Referral 9 D. Domestic Violence 10 E. Voucher Programs 10 F. Public Housing I I G. Subsidized Housing 11 H. Housing for Elderly and Disabled 11 I. Utility Assistance 12 APPENDICES 31 A. Forms 1. Homeless Certification Form 2. Chronic Homelessness Certification Form 3. Housing Stability Assessment 4. Diversion Tool 5. HMIS Individual Consent 6. HMIS Family Consent 7. Opt Out Form B. List of Partner Agencies 1. Total Action Against Poverty 2. Community Housing Resource Center 3. Trust House 4. Blue Ridge Independent Living Center 5. Homeless Assistance Team 6. Presbyterian Community Center 7. Salvation Army (Red Shield Lodge and turning Point) 8. Roanoke Area Ministries 9. Rescue Mission 10. St. John's Episcopal Church 11. Helping Hands 12. Family Promise of Greater Roanoke 13. City of Roanoke Department of social Services 14. Blue Ridge Behavioral Healthcare 15. Salem Veterans Affairs Medical Center Page iii 4# Blue Ridge Continuum of Care — Homeless Services Flowchart ' Household/Crisis ® � Homelessness li streeEf Central Intake 1111 litre cim => ® shoe 0- one stop Prevention Interim Emergency Housing 1. Mortgage 1. Assessment Assistance 2. Rapid Re-housing 2. Rental Assistance Referral 3. Utility Assistance 3. Benefits Screening 4. Referral to services and healthcare % i Services as Needed 1. Case Management - 2. Substance Abuse Treatment /; Permanent 3 Healthcare Services \ i (Supportive) 4. Mental Health Services i , Housing 5 Training/Employment HI 6. Work Experience _,, _i 7. Legal Services Blue Ridge Community Assistance Network Blue Ridge CAN (HMIS) Policies and Procedures Last Updated December 2012 Blue Ridge Continuum of Care Council of Community Services - HMIS Lead Agency lor • Blue Ridge CAN(HMIS) Policies and Procedures 1 Overview and Introduction 4 Benefits of Blue Ridge CAN 5 HUD HMIS Data Standards 6 Domestic Violence Shelters and Programs 8 Section 1: Contractual Requirements and Roles 9 Policy 1-1: Blue Ridge CAN Contract Requirements 9 Policy 1-2: Blue Ridge CAN Steering Committee 10 Policy 1-3: Blue Ridge CAN Management 11 Policy 1-4: Participating Agency Responsibility 12 Policy 1-5: Participating Agency Lead 13 Policy 1-6: User 14 Policy 1-7: Training 15 Policy 1-8: Amending Policies and Procedures 15 Section 2: Participation Requirements 16 Policy 2-1: Participation and Implementation Requirements 16 Participation Agreement Requirements 16 Policy 2-2: Data Security Responsibility 17 Policy 2-3: Implementation Requirements 18 Policy 2-4: Interagency Data Sharing Agreements 18 Policy 2-5: Written Client Consent Procedure for Electronic Data Sharing 19 Policy 2-6: Confidentiality and Informed Consent 21 Policy 2-7: Universal Data Elements 23 Policy 2-8: Information Security Protocols 23 Policy 2-9: Connectivity 24 Policy 2-10: Maintenance of Onsite (Agency) Computer Equipment 24 Policy 2-11: Blue Ridge CAN Steering Committee Grievance Procedure 25 Client Grievance. 25 Grievance by Participating Agencies or a Continuum of Care 26 Informal Grievance Procedure 26 Formal Grievance Procedure 26 Section 3: User, Location, Physical, and Data Access 27 Policy 3-1: Access Levels for System Users 27 Policy 3-2: Access to Data 27 Policy 3-3: Access to Client Paper Records 28 Policy 3-4: Unique User ID and Password 29 Policy 3-5: Right to deny User and Participating Agencies' Access 30 Policy 3-6: Data Access Control 30 Policy 3-7: Using Blue Ridge CAN Data for Research 31 Section 4: Technical Support and System Availability 33 Policy 4-1: Planned Technical Support 33 Policy 4-2: Participating Agency Service Request 33 Policy 4-3: Blue Ridge CAN Staff Availability 34 Blue Ridge CAN Policies and Procedures Page 2 of 42 Section 5: Stages of Implementation 34 Policy 5-1: Stage 1. Planning 34 Policy 5-2: Stage 2. Start-Up and Training 34 Policy 5-3: Stage 3. Operational Status 35 Section 6: Attachments 37 User Policy 37 Sample HMIS Data Collection Statement 39 Blue Ridge CAN Policies and Procedures Page 3 of 42 M K 1 - CITY OF ROANOKE OFFICE OF THE CITY CLERK j." 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-mail: clerk(nhoanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk ('ECELIA T.WEBB,CMC Assistant City Clerk September 18, 2014 Brookview Construction, LLC. William L. Jamison 3918 Kentucky Avenue, N. W. 3911 Tennessee Avenue, N. W. Roanoke, Virginia 24017 Roanoke, Virginia 24017 Fred W. and Evelyn Wood Corbett Life Estate 3907 Tennessee Avenue, N. W. Roanoke, Virginia 24017 Dear Property Owners: I am enclosing copy of Ordinance No. 40055-091514 providing for the acquisition of real property rights needed by the City in connection with the Wyoming Avenue/Westside Boulevard Drainage Improvements Project; authorizing City staff to acquire such property rights by negotiation for the City; and authorizing the City Manager to execute appropriate acquisition documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect upon its passage. Sincerely, Afriii4 AireAs.,- -7/1 • fr172:1/4 9\14A4—Q41 Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget 4. IN TI IF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA � � I The 15th day of September, 2014. , No. 40055-091514. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Wyoming Avenue/Westside Boulevard Drainage Improvements Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include temporary construction and/or permanent easements of variable length and width, and fee simple acquisitions, and such other real property interests as needed, as set forth in the City Council Agenda Report dated September 15, 2014, for the Wyoming Avenue/Westside Boulevard Drainage Improvements Project in the general vicinity of the 3900 and 4000 blocks of Wyoming Avenue, N.W. and Kentucky Avenue, N.W., 1300 block of Gilbert Road and Westside Boulevard, and 3900 block of Tennessee Avenue, N.W., and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the parcels of real property referred to in the above mentioned Agenda Report and any other parcels of real property needed for the Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including 0-Authorize acquis of prop tights-Wyoming Ave-Westside Blvd Drainage Project.9-15-14 1 a costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interests conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: htCit y Cl erk. • 0-Authorize acquis of prop rights-Wyoming Ave-Westside Blvd Drainage Project.9-15-14 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Acquisition of Real Property Rights for Wyoming Avenue/ Westside Boulevard Drainage Improvements Project Background: As part of the FY201 5 Capital Improvement Program, City Council appropriated $1 .12 million for storm drain improvement projects. This will be matched with $1 .12 million in Virginia Department of Transportation Revenue sharing funds. One such project, which includes the installation of storm drain pipes and structures, is the Wyoming Avenue/Westside Boulevard Drainage Improvements Project in the general vicinity of the 3900 and 4000 blocks of Wyoming Avenue and Kentucky Avenue; 1 300 block of Gilbert Road and Westside Boulevard; and 3900 block of Tennessee Avenue, NW. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property. Runoff from the public right of way contributes to flooding of private properties. There is an existing storm drain system at the intersection of Gilbert Road and Kentucky Avenue. However, this storm drain system is inadequate. Constructing the proposed storm drain system for these two projects would correct known drainage problems in these neighborhoods. In order to construct, operate, and maintain the proposed storm drainage system, the City will need to acquire real property rights from private owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Wyoming Avenue/Westside Boulevard Drainage Improvements Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights is available in the project account 08-530-9734, Neighborhood Storm Drain Projects. Permanent drainage easements of variable length and width are required to accommodate construction activities and will affect four (4) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Address Owner Required Parcel Property Rights Number 2670407 0 Kentucky Ave., Brookview Permanent NW Construction, LLC Drainage Roanoke, VA Easement 2670417 3911 Tennessee William L. Jamison Permanent Ave., NW Drainage Roanoke, VA Easement 267041 8 3907 Tennessee Fred W. & Evelyn Permanent Ave., NW Wood - Corbett Life Drainage Roanoke, VA Estate Easement 267041 9 0 Tennessee Ave., Fred W. & Evelyn Permanent NW Wood -Corbett Life Drainage Roanoke, VA Estate Easement Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Wyoming Avenue/Westside Boulevard Drainage Improvements Project, including but not limited to the specific property rights identified in the City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. ristopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E. City Engineer Dwayne D'Ardenne, CGM, PWM Josephus Johnson-Koroma, P.E., Civil Engineer II Cassandra L. Turner, Economic Development Specialist 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40056-091514. A RESOLUTION authorizing the acceptance of the FY 2014 Edward Byrne Memorial Justice Assistance Grant Program made to the City of Roanoke by the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Grant from the United States Department of Justice pursuant to the FY 2014 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $51,029 to the Roanoke City Police Department to support its bicycle patrol program; and$34,020 to the Roanoke City Sheriff's Department for surveillance and security improvements. No local match is required from the City. Such grant being more particularly described in the City Council Agenda Report dated September 15, 2014. 2. The City Manager is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as maybe required by the United States Department of Justice in connection with acceptance of the foregoing Grant. ATTEST: Witi City Clerk. I R-Edward Byrne Memorial Justice Assistance OrantFY2014.9-l5-14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40057-091514. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Sheriff- Expendable Equipment (<$5,000) 35-140-5917-2035 $34,020 Police - Overtime 35-640-3626-1003 40,000 Police - FICA 35-640-3626-1120 3,060 Police - Expendable Equipment (<$5,000) 35-640-3626-2035 2,969 Police —Wearing Apparel 35-640-3626-2064 5,000 Revenues Byrne/JAG Sheriff Technology Improve FY15 35-140-5917-5917 34,020 Byrne/JAG Police Bike Patrol FY15 35-640-3626-3626 51,029 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: IttritiLty yam, City Clerk. ��C M glir CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: FY 2014 Edward Byrne Memorial Justice Assistance Grant Program Background: The United States Department of Justice distributes funding directly to local law enforcement agencies through the Edward Byrne Memorial Justice Assistance Grant Program. Justice Assistance Grant programs fund many types of initiatives and are intended to improve officer safety. On August 25, 2014, the United States Department of Justice awarded the City of Roanoke $85,049 through its FY 2014 Edward Byrne Memorial Justice Assistance Grant Program. The application for the grant specified that the Police Department would receive $51 ,029 to support its bicycle patrol program and the Sheriffs Office would receive $34,020 for surveillance and security improvements. No local match funding is required. Recommended Action: Accept the FY 2014 Edward Byrne Memorial Justice Assistance Grant Program described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish revenue estimates consisting of accounts for the Police Department in the amount of $51 ,029 and for the Sheriff's Office in the amount of $34,020, into accounts to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers The Honorable Tim Allen, Roanoke City Sheriff R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget qp7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40058-091514. AN ORDINANCE approving the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg; authorizing the City Manager to execute such Agreement; authorizing the City Manager to implement, administer, and enforce such Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke, Virginia ("City"), entered into a Contract for Purchase and Sale of Real Property ("Contract") regarding the Original Parcel with Blue Hills Village, LLC ("BHV"), dated August 9, 2006, and a subsequent amendment to the Contract dated September 21, 2006; WHEREAS, by deed dated October 11, 2006, the City conveyed the original parcel to BHV subject to certain terms and conditions, including the limitations on future development as set forth in the Original BHV Concept Plan. BHV then granted two deeds of trust to The National Bank of Blacksburg to secure certain financial obligations of BHV owed to The National Bank of Blacksburg, and these deeds of trust were subject to all terms, conditions, restrictions, and reservations as set forth in the original deed from the City of Roanoke; WHEREAS, BHV subdivided the original parcel into seven (7) parcels as depicted in a subdivision plat, which was recorded on August 21, 2007, and each of these parcels created by the subdivision plat were subject to the limitations of the Original BHV Concept Plan; WHEREAS, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change the principal use allowed on two adjacent parcels and City Council adopted Ordinance No. 38788-050310, dated May 3, 2010, and approved this modification to the Original BHV Concept Plan by replacing such concept plan with the Revised BHV Concept Plan, and authorized the execution of an amended deed which was recorded in May, 2010; WHEREAS, in December, 2013, BHV conveyed the five remaining parcels located within the City to the National Bank of Blacksburg by deed in lieu of foreclosure; and WHEREAS, the National Bank of Blacksburg has requested the City to amend the development restrictions imposed on the five (5) vacant parcels, and as set forth in the Revised BHV Concept Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg ("Agreement"), all as more fully set forth in the City Council Agenda Report dated September 15, 2014. 2. The City Manager is authorized to execute, on behalf of the City, an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg, which Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the Agreement attached to the above mentioned Agenda Report. 3. The City Manager is hereby authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Agreement, with any such documents to be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. '- .•- ; CITY COUNCIL AGENDA REPORT pe P. ziq. To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Approval of an Agreement to Modify the Concept Plan for the Development of Blue Hills Village Background: As part of the original tract for the Roanoke Centre for Industry and Technology (RCIT), the City of Roanoke (City) was record title owner of an approximately 11 .06 acre tract (Original Parcel) located at the northeast corner of Blue Hills Drive, N.E. and Orange Avenue, N.E.. In 2006, as part of a strategy to prepare the Original Parcel for sale, the City Council approved a rezoning of the Original Parcel from its I-1 (Light Industrial) designation to CG (Commercial General) subject to certain proffered conditions, including limitations on the number of permitted uses under the CG zoning district designation. The City entered into a Contract for Purchase and Sale of Real Property (Contract) regarding the Original Parcel with Blue Hills Village, LLC (BHV), dated August 9, 2006 and a subsequent amendment to the Contract dated September 21 , 2006. Such Contract, as amended, contained a concept plan which identified the subsequent subdivision and development of the Original Parcel into 7 development sites, each limited to a single specific principal use (Original BHV Concept Plan). By deed dated October 11 , 2006, the City conveyed the Original Parcel to BHV subject to certain terms and conditions, including the limitations on future development as set forth in the Original BHV Concept Plan. BHV then granted a deed of trust to The National Bank of Blacksburg (Successor Owner) to secure certain financial obligations of BHV. This deed of trust was subject to all terms, conditions, restrictions, and reservations as set forth in the original deed from the City. BHV subdivided the Original Parcel into seven (7) parcels situated in the City as depicted in a subdivision plat which was recorded on August 21 , 2007. The attached maps illustrate the arrangement and orientation of those parcels. The parcels created were subject to the limitations of the Original BHV Concept Plan. One of the said parcels which fronts along Orange Avenue, N.E. (Tax Map No. 7160116) was developed in 2010 with multiple retail sales and service establishments. Also in 2010, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change the principal use allowed on two adjacent parcels located along Blue Hills Drive, N.E. from day care facility to office and vice versa. City Council adopted Ordinance No. 38788-050310 and approved this modification to the Original BHV Concept Plan by replacing such plan with the Revised BHV Concept Plan, and authorized the execution of an amended deed which was recorded in May, 2010. BHV then conveyed one of the parcels to L.K.A., Inc. which then constructed and opened a day care center in 2011 on the parcel designated as Tax Map No. 7160121 . In December, 2013, BHV conveyed the five remaining parcels located within the City to the Successor Owner by deed in lieu of foreclosure. Such conveyance was subject to all easements, restrictions, and reservations, including but not limited to, the • limitation on the principal use designated for each parcel as set forth in the Revised BHV Concept Plan. The Successor Owner has requested the City to amend the development restrictions imposed on the five vacant parcels (Remaining Parcels) in order to provide more flexibility and development options for the Successor Owner to attract commercial developmental interests. Considerations: These parcels located at the entrance to RCIT are important not only as a gateway into the Centre, but also as economic development opportunities along the Orange Avenue corridor into the City. Therefore, ensuring both a broad and diverse range of commercial uses is important. In order to provide a broader mix of potential commercial land uses which also reflect the existing proffered conditions of the 2006 Rezoning, the attached Agreement to Modify Blue Hills Village Concept Plan (Agreement) has been drafted which outlines for each of the Remaining Parcels the specific uses that may be developed on such parcels. The Agreement will modify the Revised BHV Concept Plan by allowing specific, additional uses with the Remaining Parcels, as set forth in the Agreement. For the parcels with frontage along Orange Avenue, N.E. or direct access from the internal street Blue Hills Village Drive, N.E. the range of uses has been expanded from a single use to as many as five to ten possible uses, all within the limits as set forth in the proffered conditions of the 2006 Rezoning. For two Remaining Parcels located on Blue Hills Drive, N.E., the range of uses has been expanded to four, which are appropriate for their more internal location adjacent to RCIT. The Successor Owner has reviewed the attached Agreement and concurs with its proposed terms and conditions. Recommended Action: Approve the terms of the Agreement to Modify Blue Hills Village Concept Plan between the City and the Successor Owner as set forth in this report. Authorize the City Manager to execute such Agreement between the City and the Successor Owner, substantially similar to the one attached to this report, and to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Agreement, with the form of such Agreement and any other documents to be approved by the City Attorney. Ofeueridu 70$.14% Christopher P. Morrill City Manager Attachments: Maps 1 and 2 Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Economic Development Director 2 FINAL DRAFT: 09.15.2014 a AGREEMENT TO MODIFY BLUE HILLS VILLAGE CONCEPT PLAN THIS AGREEMENT TO MODIFY BLUE HILLS VILLAGE CONCEPT PLAN is made this day of September, 2014, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation established and existing under the laws of the Commonwealth of Virginia ("City"), and THE NATIONAL BANK OF BLACKSBURG, t/a NATIONAL BANK, a national banking association ("Successor Owner"). RECITALS A. The City was the owner of certain real property together with any improvements thereon, situated at Blue Hills Drive, N.E., Roanoke, Virginia, depicted as Tax Map No. 7160113, containing 11.0679 acres, more or less, (the "Original Parcel") and which Original Parcel is shown as Parcel 1C-2 on a certain plat of survey entitled "Parcel 1C-2 11.0679 acre property of the City of Roanoke and 1.6159 acre property of Blue Hills Village, LLC," dated September 8, 2006, revised September 19, 2006, revised October 9, 2006, and prepared by Warner-Everett Land Surveyors (the "Original Plat"). B. The Original Parcel was rezoned to Commercial General (CG), subject to certain conditions, pursuant to Ordinance No. 37461-061906 (the "Rezoning Ordinance"), adopted by Council of the City of Roanoke on June 19, 2006. One of the conditions included in the Rezoning Ordinance was to limit the permitted uses, otherwise allowed in the CG zoning district, which could be developed on the Original Parcel. C. The City, as authorized by Ordinance No. 37502-080706, and Blue Hills Village, LLC, a Virginia limited liability company ("BHV") entered into a Contract For Purchase and Sale of Real Property dated August 9, 2006, for the sale of the Original Parcel by the City to BHV, as amended by an amendment dated September 21, 2006 (collectively, the "Contract"). Pursuant to the terms and conditions of the Contract, BHV agreed to develop the Original Parcel in accordance with the Blue Hills Village Concept Plan dated March 13, 2006 (the "Original BHV Concept Plan"). Pursuant to the Original BHV Concept Plan, development of the seven (7) parcels within the City and depicted on the Original BHV Concept Plan would each be limited to a specific principal use as set forth therein. D. By deed dated October 11, 2006, the City conveyed the Original Parcel to BHV pursuant to and subject to the terms and conditions of the Contract, including, without limitation, the restrictions on development as set forth in the Original BHV Concept Plan. The deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 060016863 (the "Original Deed"). 1 FINAL DRAFT: 09.15.2014 • E. On October 11, 2006, BHV granted the Successor Owner a deed of trust that encumbered the Original Parcel to secure obligations of BHV owed to Successor Owner (the "Original Deed of Trust"). The Original Deed of Trust was expressly subject to all terms, conditions, restrictions, and reservations set forth in the Original Deed. The Original Deed of Trust was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 060016864. F. BHV subdivided the Original Parcel into seven (7) parcels as depicted in a plat of subdivision entitled "Plat Showing a Resubdivision of Parcel 1C-2 11.0679 acres, Instrument No. 0600168-63, City of Roanoke, Virginia and 1.16159 acres, Instrument No. 200613007, Hollins Magisterial District, County of Roanoke, Virginia, creating hereon Lots 1-8 and Common Area, the properties of Blue Hills Village, LLC," dated July 19, 2007, prepared by Warner Everett Land Surveyors, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia on August 21, 2007 at MB 1, Pages 3209 & 3210 (the "Subdivision Plat"). The parcels created by the Subdivision Plat were subject to the limitations of the Original BHV Concept Plan and were subsequently assigned tax map designations by Roanoke County and the City as follows: Subdivision Plat Official Tax Map No. Principal Use (BHV Original Parcel Number Concept Plan) Parcel 1 (Roanoke 050.05-01-26.00-0000 Parking for Parcel 2 County) (TM 7160115) Parcel 2 (City) 7160115 Restaurant (eating establishment and eating and drinking establishment) Parcel 3 (City) 7160116 Retail, multi-tenant Parcel 4 (City) 7160117 Restaurant (eating establishment and eating and drinking establishment) Parcel 5 (City) 7160118 Hotel Parcel 6 (City) 7160119 Office Building (general or professional) Parcel 7 (City) 7160120 Daycare facility Parcel 8 (City) 7160121 Office building (general or professional) G. BHV and Successor Owner modified the Original Deed of Trust by a modification agreement dated February 12, 2008, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 080001891 (the "Modification"). BHV granted Successor Owner a second deed of trust dated May 7, 2008, and recorded in the 2 FINAL DRAFT: 09.15.2014 Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 080013612 (the "Additional Deed of Trust"). The Modification and the Additional Deed of Trust were subject to all terms, conditions, restrictions, and reservations set forth in the Original Deed. H. By deed dated January 5, 2009, BHV conveyed Parcel 3 as shown on the Subdivision Plat (Official Tax Map No. 7160116) to New Century Development Co., LLC, a Virginia limited liability company, subject to all easements, restrictions, and reservations of record. This deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 090000104. In 2010, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change (i) the principal use of Parcel 7 (Official Tax Map No. 7160120) from a daycare facility to office building (general or professional), and (ii) the principal use of Parcel 8 (Official Tax Map No. 7160121) from office building (general or professional) to daycare facility. BHV made this request to accommodate the contemplated sale of Parcel 8 for the use and operation of a daycare facility. J. Pursuant to Ordinance No. 38788-050310, City Council authorized the City to amend the Original Deed by replacing the Original BHV Concept Plan with a revised concept plan dated April 15, 2010 (the "Revised BHV Concept Plan") and made the change of principal use for Parcel 7 and Parcel 8 as requested by BHV. The City and BHV executed the amended deed on May 10, 2010, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 100005450. K. BHV adjusted the boundary between Parcel 7 and Parcel 8 on the Subdivision Plat in accordance with a plat entitled "Boundary Line Adjustment between Lot 7 & Lot 8," dated April 28, 2010, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia on July 6, 2010, at MB 1, Page 3594 (the "Boundary Line Plat"). The Boundary Line Plat redesignated Parcel 7 (Official Tax Map No. 7160120) as Parcel 7A and Parcel 8 (Official Tax Map No. 7160121) as Parcel 8A. L. By deed dated August 10, 2010, BHV conveyed Parcel 8A (Official Tax Map No. 7160121) to L.K.A., Inc., a Virginia corporation, for the construction and operation of a daycare facility on the parcel. The deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 100007450 (the "LKA Deed"). The LKA Deed was subject to all easements, restrictions, and reservations of record affecting this property. 3 FINAL DRAFT: 09.15.2014 4 M. By deed in lieu of foreclosure dated December 23, 2013, BHV conveyed the five (5) remaining parcels situated in the City to Successor Owner ("Deed in Lieu"). The Deed in Lieu was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as Instrument No. 130014533. The Deed in Lieu conveyed to Successor Owner title to Parcel 2 (TM 7160115), Parcel 4 (TM 7160117), Parcel 5 (TM 7160118), Parcel 6 (TM 7160119), and Parcel 7A (TM 7160120), (collectively, the "Remaining Parcels"), subject to all easements, restrictions, and reservations, including, but not limited to, the limitation on the principal use designated for each parcel as set forth in the Revised BHV Concept Plan. N. Successor Owner has requested the City to amend the development restrictions imposed on the Remaining Parcels by the Revised BHV Concept Plan to allow for certain additional uses for each of the Remaining Parcels in order to promote development of the Remaining Parcels. O. The City is willing to amend the Revised BHV Concept Plan in accordance with this Agreement, provided that the Remaining Parcels are otherwise subject to all easements, restrictions, reservations, and conditions imposed on the Remaining Parcels by the Original Deed, the Amended Deed, the Contract, and this Agreement. THEREFORE, based upon the mutual covenants and promises set forth herein, and the Recitals set forth above, which Recitals are an integral part of this Agreement and are incorporated by reference in this Agreement, the City and Successor Owner agree as follows: 1. Modifications to Revised BHV Concept Plan as set forth in the Contract. A. Section 5.B.4 of the Contract establishes the requirement of BHV, as Buyer therein, and Successor Owner, as successor to BHV pursuant to Section 22 of the Contract, to develop the Remaining Parcels in accordance with the Revised BHV Concept Plan. The City and Successor Owner agree to modify these development restrictions in accordance with this Agreement. B. Notwithstanding the provisions of Section 5.B.4 of the Contract and the provisions of the Revised BHV Concept Plan, the City and Successor Owner agree that Successor Owner shall develop each of the Remaining Parcels in substantial conformity with one of the following uses designated for each of the Remaining Parcels: 4 FINAL DRAFT: 09.15.2014 ww Parcel No. and Allowable Uses Tax Map No. Parcel 2 a) Restaurant(Eating establishment and (TM No.7160115) Eating and drinking establishment) b) Bakery, confectionary, similar food production, retail c) Drive-through facility d) Financial Institution e) Office, general or professional 0 Personal service establishment, (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) g) Retail sales establishment (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) Parcel 4 a) Restaurant (Eating establishment and (TM No.7160117) Eating and drinking establishment) b) Bakery, confectionary, similar food production, retail c) Drive-through facility d) Financial Institution e) Retail sales establishment (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) Parcels a) Hotel (TM No. 7160118) b) Business service establishment (not otherwise listed in Table 304.1. Use Matrix, City Zoning Ordinance) c) Financial Institution d) Health and fitness center e) Office, general or professional 1) Office, general or professional, large scale g) Personal service establishment (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) h) Recreation, indoor i) Restaurant (Eating establishment and Eating and drinking establishment) j) Retail sales establishment (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance), including multi- tenant uses, provided such multi-tenant uses are limited to one or more of the uses identified in sections (a) through (j) above. 5 FINAL DRAFT: 09.15.2014 Parcel 6 a) Office, general or professional (TM No. 7160119) b) Business service establishment, (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) c) Office, general or professional (Large Scale) d) Personal service establishment, (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) Parcel 7 a) Office, general or professional (TM No. 7160120) b) Business service establishment, (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) c) Office, general or professional (large scale) d) Personal service establishment, (not otherwise listed in Table 304-1. Use Matrix, City Zoning Ordinance) For purposes of this Agreement, substantial conformity shall mean that the buildings and improvements constructed on each of the Remaining Parcels must be for one of the uses identified for the specific parcel identified above (i.e. a restaurant may be built only on those Remaining Parcels that such use is allowed pursuant to this Agreement). All such buildings and improvements, including the size, placement, and location of buildings and improvements, shall be within the limits allowed by and subject to all applicable laws, rules, regulations, local codes, and regulations. C. Successor Owner agrees that Parcel 1 as depicted on the Subdivision Plat, situated in Roanoke County, and designated as Official Tax Map No. 050.05-01-26.00-0000, shall be developed solely as a parking lot in connection with any allowed use on Parcel 2 (TM No. 7160115). D. Successor Owner agrees to place in the deeds and contracts of any entities to which Successor Owner sells or transfers any of the Remaining Parcels that such entities are bound by, and subject to the conditions set forth in the Contract, as modified by this Agreement, the intent being that the City shall be named by Successor Owner as a third party beneficiary in all contracts and deeds and shall be able to enforce the obligations of Successor Owner under the Contract, as modified by this Agreement, until the initial development of each of the Remaining Parcels and the buildings and improvements thereon have been completed in accordance with the limitations set forth in this Agreement. Completion of the initial development of each of the Remaining Parcels shall be deemed to have occurred where a permanent certificate of occupancy has been issued and 6 • FINAL DRAFT: 09.15.2014 occurred where a permanent certificate of occupancy has been issued and such parcel, together with the buildings and improvements constructed thereon, within the Remaining Parcels are in accordance with this Agreement. When such permanent certificate of occupancy has been issued, the obligations of the then current owner of such Remaining Parcel to which the certificate applies under the Contract, as modified by this Agreement, shall be deemed to have been satisfied as to the City with respect to such parcel within the Remaining Parcels. E. The City and Successor Owner agree that this Agreement amends the Revised BHV Concept Plan and, to the extent of any inconsistency between the provision of this Agreement and the Contract (including the Revised BHV Concept Plan), that this Agreement shall control. 2. Acknowledgment of Continuing Obligations. A. Successor Owner acknowledges and agrees that the Remaining Parcels are subject to all terms, conditions, restrictions, easements, and reservations set forth in the Deed, Amended Deed, and Contract in accordance with their terms, except as modified by this Agreement. B. Successor Owner ratifies, confirms, and agrees that all terms, conditions, and obligations of the Contract, as modified by this Agreement, are binding upon Successor Owner, its successors and assigns. 3. Forum Selection and Choice of Law. Successor Owner agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by, and shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia (with the exception of Virginia's Conflicts of Law provisions which shall not apply) and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. Successor Owner further waives and agrees not to assert in any action, suit, or proceeding that Successor Owner is not personally subject to the jurisdiction of such courts, that such action, suit or proceeding is brought in an inconvenient forum, or venue of the action, suit, or proceeding is improper. 4. Authority to Sign. A. The persons who have executed this Agreement on behalf of the parties hereto represent and warrant they are duly authorized to execute this Agreement on behalf of the respective entities. 7 FINAL DRAFT: 09.15.2014 B. Prior to execution of this Agreement, the City shall provide Successor Owner with a copy of the ordinance adopted by the Council of the City of Roanoke, Virginia authorizing the City Manager to execute this Agreement on behalf of the City. C. Successor Owner shall provide the City with a certificate from the authorized officer of Successor Owner that certifies (i) the action of the Board of Directors of Successor Owner to authorize the execution, delivery, and performance of this Agreement by Successor Owner, and (ii) the names and titles of the officers of Successor Owner. 5. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 6. Notices. All notices hereunder must be in writing and sent to the respective parties at the following addresses: If to the City: City of Roanoke, Attention: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 If to the Successor Owner: The National Bank of Blacksburg Attention: President and CEO 101 Hubbard Street Blacksburg, VA 24060 7. Entire Agreement. This Agreement constitutes the entire agreement between the City and Successor Owner regarding the modifications of the limitations imposed upon the Remaining Parcels by the Amended Deed, the Contract, and the Revised BHV Concept Plan. No amendment to this Agreement shall be valid unless any such amendment is in writing and executed by each of the parties. SIGNATURES APPEAR ON FOLLOWING PAGES 8 FINAL DRAFT: 09.15.2014 IN WITNESS WHEREOF, the City and Successor Owner have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: Stephanie M. Moon Reynolds Christopher P. Morrill, City Manager City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of September, 2014, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of the City of Roanoke, Virginia. My commission expires: My registration Number: Notary Public SEAL WITNESS/ATTEST: THE NATIONAL BANK OF BLACKSBURG t/a NATIONAL BANK By: Printed Name: F. Brad Denardo, President and CEO To-Wit: The foregoing instrument was acknowledged before me this day of September, 2014, by F. Brad Denardo, the duly authorized President and CEO of The National Bank of Blacksburg, t/a National Bank, a national banking corporation, by and on behalf of The National Bank of Blacksburg, t/a National Bank. My commission expires: 9 FINAL DRAFT: 09.15.2014 My registration Number: Notary Public SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 10 4, Blue Hills Village Subdivison '' ti ;Iv i ' �^ la qw o e a m - . '11 1 ,th Saittilti".-- ... t § � ' .4 r r'� b►{ �G131 MAP 1 • • Blue Hills Subdivision \ l A\ N ----_,,,,„ \\\ \ BLUE HILLS DR , i 1 / / / JILN7 (r,...._ , ....N7N .NNN 5... / \>NJ\ \ "2 MAP 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 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 18, 2014 Richard Souter, Manager Roanoke River Investments, LLC P. O. Box 8029 Richmond, Virginia 23223-8029 Dear Mr. Souter: I am enclosing copy of Ordinance No. 40059-091514 authorizing Roanoke River Investments, LLC, to allow placement and encroachment of private street lights to be constructed into the public right of way adjacent to properties designated as Official Tax Map Nos. 4040403, 4040404, 4040405, 4040406, 4040407, and 4040408, located in the City of Roanoke, Virginia along Old Whitmore Avenue, S. E., and/or Old Woods Avenue, S. E., for such street lighting to better conform to the overall design characteristics and style of the Project, in connection with Phase I of the Project, as more particularly set forth and described in the City Council Agenda Report dated September 15, 2014. Furthermore, Paragraph 6 of Ordinance No. 40059-091514 shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Roanoke River Investments, LLC, has been admitted to record, at the cost of Roanoke River Investments, 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 4 of Ordinance 40059-091514 is on file in the City Clerk's Office; and in the event Ordinance 40059-091514 is not signed by Roanoke River Investments, LLC, and recorded in the Circuit Court for the City of Roanoke within ninety (90) days from the adoption of the Ordinance, this Ordinance shall terminate and be of no further force and effect. S Richard Sauter, Manager Roanoke River Investments, LLC September 18, 2014 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014, and is in full force and effect upon the completion for the conditions of Paragraph 4 and 6 of the Ordinance. Sincerely, I A u~, * 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 Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director, Economic Development Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Jackie Clewis, Administrator, Risk Management �)��-' PUBLIC RIGI IT OF WAY LOCATED ADJACENT TO ROANOKE OFFICIAL TAX MAP NOS : 4040403,4040404,4040405,4040406,4040407,and 4040408 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. NO. 40059-091514. AN ORDINANCE allowing an encroachment requested by Roanoke River Investments, LLC, a Virginia limited liability company, one of the developers of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River("Project"), of private street lights to be constructed by Roanoke River Investments, LLC, into the public right of way adjacent to private properties designated as Official Tax Map Nos. 4040403, 4040404, 4040405, 4040406, 4040407, and 4040408, located along Old Woods Avenue, S.E., and/or Old Whitmore Avenue, S.E., in Roanoke, Virginia, in connection with Phase I of the Project, upon certain terms and conditions; repealing Ordinance No.40017-080414,adopted by City Council on August 4,2014; and dispensing with the second reading of this Ordinance by title. WHEREAS,City Council adopted Ordinance No. 40017-080414,on August 4,2014,which authorized RRI Apartments I, LLC, one of the developers of the Project, to construct private street lights into the City's public right-of-way, upon RRI Apartments I, LLC, meeting certain terms and conditions; WHEREAS,subsequent to the adoption of Ordinance No. 40017-080414,WVS Companies, the principal developer ofthe Project,and RRI Apartments I,LLC,requested that the encroachment permit authorizing the street lights to be constructed in the public right of way be in the name of Roanoke River Investments, LLC, rather than RRI Apartments I, LLC; WHEREAS,City staff requests City Council to repeal Ordinance No.40017-080414,adopted August 4, 2014, as the encroachment permit granted to RRI Apartments I,LLC, for placement ofthe private street lights into the public right of way, will he replaced with the encroachment permit requested to be granted to Roanoke River Investments, LLC, for such purpose . NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. For reasons set forth above, Ordinance No. 40017-080414, adopted on August 4, 2014, is hereby REPEALED. 2. Authorization is hereby granted to Roanoke River Investments, LLC to allow the placement and encroachment of private street lights to be constructed into the public right of way adjacent to properties designated as Official Tax Map Nos. 4040403,4040404, 4040405,4040406, 4040407,and 4040408,located in the City of Roanoke,Virginia, along Old Whitmore Avenue,S.E. and/or Old Woods Avenue, S.E., for such street lighting to better conform to the overall design characteristics and style of the Project,in connection with Phase I of the Project,as more particularly set forth and described in the City Council Agenda Report dated September 15, 2014. 3. Roanoke River Investments, LLC agrees that, in maintaining such encroachment, Roanoke River Investments, LLC and its grantees, assignees, or successors in interest agree to indemnify and save harmless 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. Roanoke River Investments, LLC agrees that the encroachment shall be removed from the right of way at any time 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 Roanoke River Investments,LLC. Roanoke River Investments,LLC agrees that it shall repair,restore, and replace any damage to the encroachment, and any damage to the land, caused by 2 11■,y the placement and removal of the encroachment, at the sole cost and expense of Roanoke River Investments, LLC. 4. Roanoke River Investments, LLC,its grantees,assigns or successors in interest,shall, for the duration of this permit, 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 by the Office of the City Clerk for the City of Roanoke,Virginia,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. 5. The City Clerk shall transmit an attested copy of this ordinance to Roanoke River Investments, LLC, P. O. Box 8029, Richmond, VA 23223-8029. 6. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, duly signed, sealed, and acknowledged by Roanoke River Investments, LLC has been admitted to record, at the cost of Roanoke River Investments, 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 4 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by Roanoke River Investments,LLC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety(90)days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 3 7. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: t h. �� City rk, The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. Roanoke River Investments, LLC, a Virginia limited liability company, By: Printed Name: Richard Souter Title: Manager 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 Richard Souter,the Manager,of Roanoke River Investments,LLC,a Virginia limited liability company,for and on behalf of such company. My Commission expires: Notary Public Registration No. 4 • s CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Request for Encroachment Permit for Roanoke River Investments, LLC for Private Street Lights Along Old Whitmore Avenue, SE and Old Woods Avenue, S.E., and Repeal of Ordinance No. 40017-080414. Background: On August 4, 2014, Ordinance No. 4001 7-080414 was adopted by City Council, which authorized RRI Apartments I, LLC (RRI Apartments), one of the entities involved in the development of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), to construct private street lights in the public right-of-way adjacent to Old Whitmore Avenue, S.E. and Old Woods Avenue, S.E. The private street lights were proposed in lieu of the standard American Electric Power (A.E.P.) street lights to better conform to the overall design characteristics and style of the Project. Subsequent to adoption of Ordinance No. 40017-080414, the WVS Companies (Developer) informed the City of Roanoke's Department of Economic Development that Developer provided to the City the incorrect entity that would be responsible for the installation and operation of the street lights as authorized by Ordinance No. 4001 7-080414. As such, Developer is requesting Ordinance No. 40017-080414 be repealed and a new ordinance be adopted to authorize Roanoke River Investments, LLC to construct and maintain such private streets lights on the Project site. RRI Apartments and Roanoke River Investments, LLC are two of several limited liability corporations established and maintained by the Developer for management, development, and operation of various and separate aspects of the Project. Under the proposed Ordinance, Roanoke River Investments, LLC will own and maintain the street lights, while the City of Roanoke will be responsible for the electrical costs, as with any other street light proposed for public streets. Twenty-two (22) street light locations are identified on Exhibit A attached to this Report as being within the public right-of-way, with the total number permitted under the proposed Ordinance not to exceed twenty-five. As a condition to being granted the encroachment permit, Roanoke River Investments, LLC will be required to obtain and maintain liability insurance naming the City of Roanoke as an additional insured, and to indemnify and hold the City harmless against any and all claims against the City of Roanoke arising out of the placement of the street lights into the public right-of-way by Roanoke River Investments, LLC. • Recommended Action: Adopt the proposed Ordinance to repeal Ordinance No. 40017-080414 authorizing the encroachment of the private improvements described above by RRI Apartments. Approve the proposed Ordinance authorizing the encroachment of the private improvements into the public right of way at the locations described on the plat attached to this Report as Exhibit A by Roanoke River Investments, LLC. All necessary documents required for this encroachment permit are to be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Marc Nelson, Special Projects Coordinator 2 ## BALM ,Y uo,rnpany _ 'ro F to nuu.v �HITivIORE AVE. ` � � %lk Sonth rn kailx - I �q-_ 9 \ ` \ aY fom°a^r y 4 6 K rw' f I !� e, rzoLO woo says.s.e. \ r f - 1 .iuuuus ® \,. ' . TM'.4040404 ((}} EoENO. I -' - 16 OLD WOODS AVE S.E. LJ ' ` St eOLO 0 PROFOSIM STREFT 11GHT I 4 d TM:4oao4os __ __ _ F a WOODS AVE.sE- ri�� o £ a e II _w - C. ill S OLD TM WOODS AOVE.S.E. I o d z IM'.4040403 C I OLD W000s AVF.s.E. — 3 ° • t z • ib'" ® '� ▪ 0 w O L �' 1 HI-MORE E. _II LDW19 _R.ESE w M o uvr� s 1 E m --- - --- --- II O JEFFERSON$`l REE I S E I • 06200 ST 06 0E664E0 26 126 o 6000060 0. M 2-12-2019 arrcn<.a.. w • 2e4A,. ,-00 O 066600 I 2 - O I w 0 w zena�Ri �4�e 5 e . e i a io n 2 u 2 16 1 ,e 1 ie 1 1 i 20 I 21 we 0o. ax0mi.m 644 a 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-mail: elerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 18, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40060-091514 appropriating funding from the Federal government grants for various educational programs, amending and reordaining certain sections of the 2014-2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014. iSiincerely, Stephanie M. Moon Reynolds, M City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Rita D. Bishop, Superintendent, RCPS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40060-091514. AN ORDINANCE to appropriate funding from the Federal government grants for various educational programs, amending and reordaining certain sections of the 2014-2015 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 2014-2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations instructional Supplies 302-120-0000-0000-111G-61100-46614-9-02 $ 5,000 Revenues Federal Grant Receipts 302-000-0000-0000-111G-00000-38027-0-00 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:�M r City CI rk. �w ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. September 15, 2014 School Board Todd A. Putney The Honorable David Bowers, Mayor Chairman and Members of Roanoke City Council Suzanne P. Moore Roanoke, VA 24011 Vice Chairman Dear Members of Council: William B. Hopkins, Jr. Mae G. Huff As a result of official School Board action on Tuesday, September 9, Annette Lewis 2014, the Board respectfully requests that City Council approve the Lori E. Richard Willis Willis revised appropriation request below: Dr. Rita D. Bishop Revised Appropriation Additional Award Superintendent IDEA Part B, Section 611 Flow Through 12-13 $5,000.00 Cindy H. Poulton Clerk of the Board On behalf of the School Board, thank you for your consideration. Sincerely, I Cindy H. Proulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Bruce Biser Barbara Dameron Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info .49tRaemb 4. CITY COUNCIL AGENDA REPORT • J/ To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: School Board Appropriation Request Background: As the result of official School Board action at its September 9, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Flow Through IDEA Part B, Section 611 2012-13 program of $5,000 provides aid for the education and guidance of students with disabilities. This is an adjustment to the original award amount. The program will be fully reimbursed by federal funds and will end September 30, 2014. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. 1„10{,_ ci - iita,,,,p,„„),) Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Bruce C. Biser Executive Director of Fiscal Services, RCPS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40061-091514. A RESOLUTION supporting the Virginia Municipal League's Healthy Eating Active Living(HEAL) initiative. WHEREAS, in January 2013, the Virginia Municipal League (VML) entered into a memorandum of understanding with the Institute for Public Health Innovation to work together on the Healthy Eating Active Living (HEAL) Cities & Towns Campaign; WHEREAS, high rates of costly chronic disease among both children and adults are correlated to environments with few or no options for healthy eating and active living; WHEREAS, the City of Roanoke is committed to the health and wellness of its employees and citizens; WHEREAS, the City of Roanoke plans and constructs an environment that encourages physical activity to promote health and wellness; WHEREAS, the City of Roanoke is home to 70 public parks and more than 16 miles of greenway; WHEREAS, the City of Roanoke maintains various major thoroughfares within the City including bicycle lanes, totaling 25 miles; WHEREAS,the City of Roanoke has an employee bicyclist group that participates in group bike rides throughout the area; WHEREAS, supporting the health of residents and the workforce decreases chronic disease and health care costs and increases productivity; and WHEREAS,the City of Roanoke is committed to continuing partnerships with the Roanoke City Public Schools, United Way of Roanoke Valley, Healthy Roanoke Valley, New Horizons Healthcare,the Virginia Department of Health, Carilion Clinic,YMCA of Roanoke Valley,Feeding America Southwest Virginia, the Virginia Cooperative Extension and the Roanoke Community Garden Association to promote healthy lifestyles and lower the rates of chronic conditions such as obesity, diabetes, heart disease, cancer, arthritis, stroke, and hypertension. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke does hereby recognize that chronic health conditions are a serious threat to the health and well-being of adults,children and families, and a commitment is needed to put healthy choices within reach of all residents,and to this end, adopts this Healthy Eating Active Living(HEAL)resolution and commits to continue its partnership with non-profit health service providers and non-profit groups that promote healthy lifestyles. ATTEST: Artitijad he). eyt\m„,:, efizakt City Clerk. CITY OF ROANOKE �,.r " OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 I ) Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 1 ."`2 , " Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk September 18, 2014 CECELIA T.WEBB,CMC p Assistant City Clerk Charles J. Meidlinger 2428 S. Jefferson Street Roanoke, Virginia 24014 Dear Mr. Meidlinger: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 15, 2014, you were appointed as a member as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Asia Smith ending June 30, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered within two weeks of your appointment by the Clerk of the Circuit Court of the City of Roanoke. The Circuit Court Clerk's Office is located on the third floor of the Roanoke City Courts Facility. 315 Church Avenue, S. W. Please return one copy of the Oath of Office to the undersigned 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 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 member of the Roanoke Neighborhood Advocates. y Siinn�cerelly, y,, Stephanie M. Moon nold , CMC City Clerk Enclosures pc: Robert Clement, Jr., Neighborhood Coordinator COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, 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 fifteenth day of September 2014, Charles J. Meidlinger was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Asia Smith ending June 30, 2015. Given under my hand and the Seal of the City of Roanoke this eighteenth day of September 2014. City Clerk St -y-r,. CITY OF ROANOKE „Air t ,• OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 j ) a Roanoke,Virginia 24011-1536 `.,slat: id Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkgroanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk September 18, 2014 CECELIA T.WEBB,CMC p Assistant City Clerk Sharrieff Jones 3091 Ordway Drive, N. W., Apt. J Roanoke, Virginia 24017 Dear Ms. Jones: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 15, 2014, you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Phillip Clement ending June 30, 2016. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered within two weeks of your appointment by the Clerk of the Circuit Court of the City of Roanoke. The Circuit Court Clerk's Office is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to the undersigned 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 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 member of the Roanoke Neighborhood Advocates. Sinc rely, pt,(5 '0144 / Owe Stephanie M. Moon Re ds, ç City Clerk Enclosures pc: Robert Clement, Jr., Neighborhood Coordinator w COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, 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 fifteenth day of September 2014, Sharrieff Jones was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Phillip Clement ending June 30, 2016. Given under my hand and the Seal of the City of Roanoke this sixteenth day of September 2014. City Clerk e 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-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk September 18, 2014 CECELIA T.WEBB,CMC p Assistant City Clerk Maryellene F. Goodlatte, Attorney Glenn, Feldman, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 40062-091514 repealing Ordinance No. 36925- 122004, adopted December 20, 2004 and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent that they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S. W., as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014; and amending the Planned Unit Development Plan proffered as a condition of the conditional rezoning, as it pertains to the properties bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect upon its passage. Sincerely, h . -tom Stephanie M. Moon Rey on Ids, MMC City Clerk Enclosure pc: Attention: Ellis Gutshall, Manager, Ivy View, LLC, 36 Church Avenue, S. W., Roanoke, Virginia 24011 VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011 Lester Management Group, LLC, 7231 Lamarre Drive, N. W., Roanoke, Virginia 24019 James L. Woltz, 23 Franklin Road, S. W., Roanoke, Virginia 24011 Land Account, LLC, 1402 Grandin Road, S. W., Roanoke, Virginia 24015 Jason D. Murphy, 114 26th Street, S. E., Roanoke, Virginia 24014 Maryellen F. Goodlatte, Attorney September 18, 2014 Page 2 pc: Vi Ba and Rot Thi Tran, 2327 Broadway Street, S. W., Roanoke, Virginia 24014 W. Chan and Kae N. Bolling, 2341 Woodcliffe Road, S. W., Roanoke, Virginia 24014 J. Wysor Smith, Jr., 1010 2nd Street, S. W., Roanoke, Virginia 24016 Henry Scholz, 2335 Broad Street, S. W., Roanoke, Virginia 24014 The Ronald B. Dingier Estate Trust, 2424 Oregon Avenue, S. W., Roanoke, Virginia 24015 ARD Properties, LLC, P. O. Box 20511, Roanoke, Virginia 24018 K. Wayne and Beverly A. Booth, 2326 Franklin Road, S. W., Roanoke, Virginia 24014 Chase Morgan Associates Corporation, P. O. Box 8103, Roanoke, Virginia 24014 Samuel M. Garst, 378 Calypso Road, Moneta, Virginia 24121 Smith and Associates, LLC, 1010 2nd Street, S .W., Roanoke, Virginia 24016 Norfolk Southern Railroad, 110 Franklin Road, S. E., Roanoke, Virginia 24011 PENC, LLC, 2322 Carolina Avenue, S. W., Roanoke, Virginia 24014 Alan Katz, 2410 Broadway Street, S. W., Roanoke, Virginia 24014 Rupert B. Bonhotel, 2516 Stanley Avenue, S. E., Roanoke, Virginia 24014 GKRR, LLC, 5584 Salisbury Drive, Roanoke, Virginia 24018 David G. and Maddie S. Hollandsworth, 2604 Wildwood Road, Salem, Virginia 24153 Cynthia S. Blackburn, 2135 Lynn Avenue, S. W., Roanoke, Virginia 24015 Randal Tickle, 2131 Lynn Avenue, S. W., Roanoke, Virginia 24015 Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 Howard L. Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014 Harry G. Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091 Michael J. and Angela Raplomatas, 5065 Williamsburg Court, S. W., Roanoke, Virginia 24018 Richard A. and Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014 Cecil E., Jr., and Audrey B. Hodges, 2024 Winston Avenue, S. W., Roanoke, Virginia 24014 TBC Realty Associates, LLC, 2580 Broadway Street, S. W., Roanoke, Virginia 24014 Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153 Carillon Clinic Properties, LLC, 213 S. Jefferson Street, S. W., Roanoke, Virginia 24011 WG Cole Roanoke Virginia, LLC, P. O. Box 1159, Deerfield, Illinois 60015 2525 Franklin Road Associates, LLC, 2525 Franklin Road, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan A. Lower, Director, Real Estate Valuation Philip Schrimer, City Engineer Tina Carr, Secretary, City Planning Commission a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40062-091514. 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 and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent that they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S.W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 11501 13, respectively; to amend the applicable Planned Unit Development Plan pertaining to the aforementioned properties; and dispensing with the second reading of this Ordinance by title. 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, and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent that they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S.W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively; and to amend the Planned Unit Development Plan pertaining to such properties, to permit use of the property for a financial institution; office, general or professional; business service establishment, not otherwise listed; medical clinic; mixed use building; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; personal service establishment, not otherwise listed; pet grooming; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; entertainment establishment, abutting a residential district; 1 entertainment establishment, not abutting a residential district; health and fitness center; meeting hall; parking, off-site; dwelling, multifamily instead of a mixed use facility with retail, restaurant, office, underground parking, and parking garage previously permitted by the adoption of Ordinance No. 36925-122004, by City Council on December 20, 2004, and Ordinance No. 37875-082007, by City Council on August 20, 2007; 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 September 15, 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 as described herein; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the actions sought and described in this ordinance and the Zoning Amendment Amended Application No. I dated August 27, 2014, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 36925-122004, adopted December 20, 2004, and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S.W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively, are hereby REPEALED as set forth in the Zoning Amendment Amended 2 Application No. 1 dated August 27, 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. 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect not only the repeal of Ordinance No. 36925-122004, adopted December 20, 2004, and Ordinance No. 37875-082007, adopted August 20, 2007, as set forth herein, but also the amendment of the Planned Unit Development Plan proffered as a condition of the conditional rezoning, as it pertains to the properties bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: hn • 1.1...te,klettet-'1_ City Clerk 3 ,,.-t_` CITY COUNCIL AGENDA REPORT SLAV{ To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Application by Ivy View, LLC, to repeal all conditions proffered as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102, 1 1 50104, 1150106, 1 1 50108, 1150109, 1 1 501 1 2, and 1 1 501 1 3, respectively. Recommendation The Planning Commission held a public hearing on Tuesday, September 09, 2014. By a vote of 5 - 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 the subject property 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 Agent: Maryellen F. Goodlatte, Esq., Glenn Feldmann City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W. Official Tax Nos.: 1 1 50102, 1150104, 1 1 50106, 1150108, 1 1 50109, 1150112, and 1150113 Site Area: 4.2869 acres Existing Zoning: INPUD, Institutional Planned Unit Development Proposed Zoning: INPUD, Institutional Planned Unit Development Existing Land Use: Vacant Proposed Land Use: Mix of commercial and assembly uses including residential separately and as part of mixed use buildings as outlined further on the development plan Neighborhood Plan: Franklin Road/Colonial Avenue Plan Specified Future Land Use: Light Industrial and General Commercial Filing Date: Original Application: August 06, 2014 Amended Application No.1 : August 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 that was known as the Ivy Market development. A grocery store and drug store with associated site improvements were built on the westernmost properties. However, no development occurred on the properties subject to this request. The grocery store closed in 2009 and the building was vacant until the development plan for that portion of the properties was amended in early 2014 with an expanded list of uses. The owner wishes to amend the development plan for the remainder of the properties to facilitate the continued development of the Ivy Market project. In July of 2014, the authorized agent met with staff to discuss the possibility of amending the development plan for the vacant portion of the properties. They proposed to redevelop the site for uses including retail and restaurants. In August of 2014, the applicant filed an application to amend the planned unit development plan and repeal conditions for the properties at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102, 1 1 50104, 1150106, 11 50108, 1150109, 1 1 501 1 2, and 1150113, respectively. The conditions proposed for repeal that are applicable have been incorporated as development standards into the development plan. In August of 2014, the applicant filed an amended application clarifying entrance locations facing Franklin Road for some of the proposed buildings shown on the development plan. Planned Unit Development Plan The applicant and owner, Ivy View, LLC, hereby requests that all of the conditions enacted by Ordinance No. 36925-122004 and 37875-082007 (collectively, the "Ordinance") be repealed as they pertain to the 4.2869 acre parcel which is the subject of this application (being Official Tax Nos. 1150102, 1 1 50104, 1 1 50106, 1 1 50108, 1 1 50109, 1 1 501 12, and 11 501 1 3). Those proffered conditions are as follows: A. Proffered conditions set forth in the Fourth Amended Petition and incorporated in the Ordinance No. 36925-122004 2 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. 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. B. Text added to the development plan as item No. 4 under 'A. Freestanding Signs' in the 'Project Signage' section set forth in the Second Amended Petition and incorporated in the Ordinance No. 37875-082007 1 . One (1 ) freestanding sign shall be permitted on Official Tax No. 1150108 in accordance with Section 36.2-660 through 36.2-675, Zoning, of the Code of the City of Roanoke. Upon demolition of the existing building on the subject property, the freestanding sign shall be removed. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. 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 the Amended Application No.1 is binding on the development of the site. All development must be in substantial conformance with the development plan and other applicable standards of the zoning ordinance (e.g., landscaping and screening). 3 Considerations The property is part of a larger commercial development 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 that significantly changes the proposed development of the property. The proposed redevelopment proposal was evaluated based on market demand, design, site size, location, accessibility, and infrastructure to determine if the proposed redevelopment of the property fulfills the City vision for redevelopment of underutilized commercial sites. Surrounding Zoning and Land Use: Zoning District Land Use North Railroad and Railroad, 1-1 , Light Industrial District Vacant and Warehouse South CG, Commercial- Office, general or professional, and Neighborhood District Vacant East INPUD, Institutional Planned Gasoline station, Retail sales Unit Development establishment, Personal service establishment, and Vacant West INPUD, Institutional Planned Medical Clinic, Laboratory (dental, Unit Development medical, or optical), Laboratory (testing), Health and Fitness Center, Office, General or Professional and/or Hospital (Outpatient Facility Only) Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. In a Planned Unit Development District, many of the dimensional regulations are defined by the PUD development plan. The proposed development plan displays the required information through graphics and text. Signage is regulated in the INPUD district by what is specified on the development plan or is the same as CG when not specified by the development plan. The development standards in the proposed development plan limits the number of ground signs the subject properties to conformance with the CG zoning district with a maximum of four ground signs for the entirety of the subject properties. Those ground signs located at vehicular entrances may serve as identification signs for the center development. All other development standards regarding signage listed on the proposed development plan remain the same as in the existing development plan. 4 The site is currently located in the 100-year floodplain, including a portion in the floodway. A culvert was constructed to convey Ore Branch along the entire distance of the site to remove the subject property from the floodplain. A Conditional Letter of Map Revision (CLOMR) was approved by FEMA prior to construction of the first phase of the project. The final Letter of Map Revision (LOMR) was recently submitted to FEMA and is under review. Current floodplain overlay district regulations apply to the property until the LOMR is approved. An original traffic impact study was completed in 2002 and updated in 2004 in association with the original rezonings. The applicant submitted new trip generation analysis based on the proposed amendment to the INPUD that shows a reduction in peak hour vehicle trips. No traffic study is required at this time. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Franklin Road/Colonial Avenue Plan are based on the value of existing development in neighborhoods as guiding principles for new development and redevelopment of land. While change is expected as the City grows, new development must consider the character and development pattern of the surrounding area. The plans indicate that the subject properties are located in an area denoted for commercial and industrial development. The previous creation of the INPUD reflects previous policy decisions that a mixed commercial development is appropriate in this area. The amendment of the planned unit development plan will allow for development of an unbuilt portion of a commercial center along Franklin Road to continue. Relevant policies and action items in the comprehensive plan include: 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. ED A26. Identify underutilized commercial sites and promote revitalization. ED A33. Explore redevelopment of areas identified for industrial, commercial, or mixed-use development or reuse such as: • Franklin Road between SJRA (South Jefferson Redevelopment Area) and Wonju Street. City Design: Local Commercial Centers Site development should be maximized through reduced parking spaces, increased lot coverage, and parcels developed along street frontages (p.92). 5 The Franklin Road/Colonial Avenue Plan recognizes the need for the redevelopment of commercial sites along the Franklin Road Corridor. The site is part of a larger overall commercial development located at one of the major intersections of Franklin Road. Relevant policies and action items in the neighborhood plan include: Community Design: Design: Future commercial development should adhere to the design principles of Vision 2001 -2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections. o Minimal curb cuts, shared parking, increased lot coverage, signs collocated, no excessive lighting, and orientation of buildings close to the street. Parking: Paved parking spaces should be minimized. Franklin Road Area: Require new developments to incorporate urban amenities (e.g. sidewalks and curbs), and mixed-use (commercial and residential) where possible. Economic Development: Franklin Road: Maintain commercial zoning that will retain existing businesses and attract new establishments. Commercial Centers: Identify or create nodes along Franklin Road for commercial centers; concentrations of small- to medium- sized commercial 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. Infrastructure Policies: Streetscapes: Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic. Curb, gutter and sidewalk Improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter and appropriate species of trees should also be planted along streetscapes. 6 In 2004, City Council approved an Institutional Planned Unit Development Plan for this area, including the subject properties, which proposed a 58,000sf grocery store, a 14,800sf retail sales establishment, and four mixed use buildings totaling 110,000sf with underground parking and parking garage. The grocery store and retail sales establishment were built. The grocery store closed in 2009 and the building was vacant until the development plan for that portion of the development was amended in early 2014 with an expanded list of uses. The mixed use buildings designated for the subject properties in that development plan were never built. The proposed development plan, recognizing existing market forces, reduces the size and scope of the development on the subject properties. The new development plan illustrates four mixed use buildings with a footprint of approximately 40,000sf with pedestrian and vehicular circulation systems linking the new development to both Franklin Road and the existing development. The site is visually opened to Franklin Road and buildings within 100ft of Franklin Road have primary entrances oriented towards Franklin. The maximum building height remains fifty feet. The City policy of orienting buildings close to the street clearly defines the streetscape and brings human activity to the forefront. Although the buildings in the 2004 development plan were located close to the street in their location on the site, the primary entrances to the buildings were located internal to the site, based on circulation patterns, which effectively separated the human activity on the site from Franklin Road. The proposed development plan, while moving one of the three buildings closest to Franklin (of the four buildings on the site) back from the street to accommodate a drive aisle and parking, locates the primary entrance for those buildings on the facade closest to Franklin Road. Staff believes that with two of the three buildings close to Franklin Road and the entrances facing Franklin Road that the intent of defining the streetscape and bringing activity to the street are met. The new development plan addresses other policy of the comprehensive plan and neighborhood plan through the maximized site development with shared parking areas, trees located along street frontages, greater land uses appropriate to a village center/commercial center area, and a circulation pattern for pedestrian as well as vehicular transportation. 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 enables the completion of an undeveloped portion of a commercial center, at a key intersection, while increasing the types of uses allowed, including residential components as part of mixed use buildings. Staff finds that the plan, as proposed, is consistent with these plans as it redevelops an existing commercial site that is specifically targeted in each plan with uses and forms that are appropriate to the surrounding neighborhoods. 7 Public Comment Summary None. Planning Commission Work Session (August 20, 2014): None. Applicant Response to Staff, Public, and Planning Commission Comments The applicant submitted an amended application addressing staff comments. 62724( 761721, 1. Lora Katz, Temporary Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Ellis Gutshall, Ivy View, LLC Maryellen F. Goodlatte, Esq., Glenn Feldmann 8 C r, _n _, I a� I Department of Planning,Building and Development AUG 2 7 2014 ROA N O KE Room 166,Noel C.Taylor Municipal Bulking 215 Church Avenue,S.W. CITY OF ROANOKE Roanoke,Virginia 24011 PIANNINt3 BUILDING s Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 DEVELOPMENT Date: [August 27,2014 Submittal Number. Amended Application No.1 ❑ Rezoning,Not Otherwise Listed © Amendment of Proffered Conditions ❑Rezoning,Conditional © Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District /dress: 2207,2203,2309,2219,2239,0,and 2211 Franklin Road,S.W.,Roanoke,VA Official Tax No(s).: 1150102,1150104,1150106,1150108,1150109,1150112,and 1150113 Existing Base Zoning: © With Conditions If multiple zones,please manually enter all districts.) INPUD,Institutional Planned Unit Development ( y ) ❑ Without Conditions Ordinance No(s).for Existing Conditions(If amicable): 36925-122004 and 37875-082007 0 With Conditions Proposed Requested Zoning: INPUD,Institutional Planned l SEE ATTACHED ❑ Without Conditions Land Use: t . d li ,'1rI pi's iii 1')i 1 1-1 I hI' Name: Ivy View,LLC,Attention: Mr.Ellis Gutshall,Manager Phone Number. +1 (540)769-8500 Address: 36 Church Avenue,S.W Roanoke,VA 24011 E-Mail: EGutshall@myvaleybankcom • •perty Ow..n.e igna,tu: I. '.. .-- 1a /ti ; i- Name: Phone Number. Address: E-Mail: I Applicant's Signature: I i t i-711 rrrif i r 1.1r }: Name: Maryellen F.Goodlatte,Esq. Phone Number +1 (540)224-8000 Address: Glenn,Feldmann,et al,P.O.Box 2887,Roanoke,VA 24001-2887 E-Mal: mgoodiatte@glennfeidmann.com M4M,/Jo e Authorized gents Signature: I I ) 'ti, � I l �`�r L: 1 n r 1, r _l I ll . �IIJU',, r1 I III]It it aul it"il ihtt Il , 'aIll'i' ill, II .1Wif ROANOKE )x Completed application form and checklist. IT Written narrative explaining the mason for the request. r Metes and bounds description,if applicable. I= Filing fee. ' 1 iJ/, LlIi1� li i' ii 111 :'1' :-: I i1J,q1 `'iU l_ 7II I�I,i 111 iP ill cl q.:.;Ib nVi1-Nl. ✓ Concept plan meeting the Application Requirements of item'2(c)'In Zoning Amendment Procedures. �;, .I ;�)il I` OiLl � ?/ lllli fell-' IH H 1 dll(f IOII 1119(1:iL; blllliu�' ;L. ✓ Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item 2(c)in Zorrng Amendment Procedures Please label as r 'development plan'if proffered. .I1;)1a,lnd� III'.ii �I ,)I '7i11;Ar �r ulll„Vrll ,I Illn.i ;‘)1!).; slli;ililq iii ✓ Development plan meeting the requ rements of Section 362-326 of the City's Zoning Ordinance. '11'11 Hill ill it Illll lit j'lr ✓ Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. . , 1'•iir-lnt i111 �), Ii )n Ii 'l L'� lit hl till `:n71i�1:',III i�I1111,i I�- ) q nallu Amended development or concept plan meeting the Application Requirements of item 2(c)'in Zoning Amendment Procedures, r if applicable. ✓ Written proffers to be amended. See the City's Guide to Proffered Conditions. Ix Copy of previously adopted Ordinance. 1r]' IShi l llli'iti`I'l ) ll, :)lI' Fill 0.11iI)iI ,, u1 ir,' I IU II i l ,n °•I (1111 i"l: F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. IT Copy of previously adopted Ordinance. 11l.il li'/ r I Il )I.71 i 1 rlllPhLiill 1 1, ul'r.� IU rb nIIP l li i, T;II, ullll il.' ✓ 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. Hi )5:4 n I l h,i l y nl 'i inl lilt Y 1` ,li,I ,11 r«>I, 12 ,II: rqn ) f ! II()111i11�I2 ✓ A Traffic Impact Study in compliance with Appendix 8-2(e)of the City's Zoning Ordinance. 4) 1 IlLO ill I I :a 11111 7• 1 1, iii\\Ji)O} ill i P[M1ll'u 11111 ri 711 ;1: ✓ Cover sheet. F Traffic impact analysis. ✓ Concept plan. F Proffered conditions,if applicable. ✓ Required fee. An electronic copy of this application and cheddist can be found at www.roanokeva.govlpbd by selecting'Planning Commiss on'under 'Boards and Commissions'. A complete packet must be submitted each time an application Is amended,unless otherwise specified by staff. GLENN FELDMANN %IARYI I II F.u'x)UI Arr1 GLENN FELDMANN DARBYAGOODLATTf now Dial(540)22140'X I- maul mgoodlaltou glcnnMdmann coin August 27, 2014 • IIANI) UI;LIVEItb'I) RECEIVED Ms. Katherine Gray AUG S 7 2014 Roanoke City Planning Department CITY OF ROANOKE 215 Church Avenue, S.W. PLANNING BUILDING& Noel C. I aylor Municipal Building- Room 166 DEVELOPMENT Roanoke, Virginia 2401 1 Re: 2207, 2203, 2309, 2219, 2239. 0, and 2211 Franklin Road, S.W., Roanoke. VA lax Map Nos. 1150102, 1150104. 1150106, 1150108, 1150109, 1150112, and 1150113 Dear Kirherinc: In response to staff comments on the pendine /onink amendment application, we enclose the following for filing: An original Zoning Amendment Application Amended Application No. 1 and Application Checklist; Applicant's written narrative; 3. Existing conditions and proposed INPUD Development standards; 4. Amended INPUD Development Plan dated August 6, 2014, with amended proffers contained thereon; 5. Copies of Roanoke City Ordinance No. 36925-122004 dated December 20, 2004 and Ordinance No. 37875-082007 dated August 20, 2007, adopting the existing proffers and INPUD development plan on the property of which the 4.2869 acre parcel was a part; and 6. 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 P.U.Box 2887(24001, Roanoke,Virginia 24011 - 54^. 224&x'C 540 2248050 I www glen nfeldmarn corn V MERITAS' Ms. Katharine (ira) August 27.2014 I'age 2 I%) View, Lit is the title owner of the subject property as well as the applicant. Valley Bank is the sole member of by View, LL,C. If you have any questions or need further inlbrmation, please do not hesitate to call me. Very truly yours, //' Maryellen I'. (ioodlatte MFG:lnn:4663008 I.nclosures c: Ivy View, Li.(' (w cues.) Proposed Land Use: Financial Institution Office, General or Professional Business Service Establishment, not otherwise listed Medical Clinic Mixed Use Building Bakery, Confectionary, or Similar Food Production, Retail General Service Establishment, not otherwise listed Personal Service Establishment, not otherwise listed Pet Grooming Retail Sales Establishment, not otherwise listed Eating Establishment Eating and Drinking Establishment, not abutting a residential district Eating and Drinking Establishment,abutting a residential district Entertainment Establishment,abutting a residential district Entertainment Establishment, not abutting a residential district Health and Fitness Center Meeting Hall Parking, Off-Site Dwelling, Multifamily 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. In August 2007, those conditions were amended with respect to one of the twelve tracts (i.e. tax map parcel 1150108) to permit the erection of a temporary freestanding sign. In April 2014, the conditions were amended with respect to tax map parcel 1272504 to permit that parcel's change of use from a grocery store to medical clinic and related uses to facilitate the redevelopment of that parcel by Carilion Clinic. The 4.2869 acre parcel which is the subject of this zoning amendment application (and which consists of tax map parcels 1150102, 1150104, 1150106, 1150108, 1150109, 1150112 and 1150113) (collectively, the "Parcel") was part of the acreage included within the scope of the December 20, 2004 and August 20, 2007 rezoning ordinances. Except for tax map parcel 1272505 (the "Walgreen's Parcel"), the INPUD development plan adopted in the December, 2004 rezoning assumed the entire tract would be developed as a leasehold estate with retail, restaurant, office and mixed uses. The 2004 INPUD plan located significant parking structures on the Parcel (such as parking garages and underground parking) and, except for the Walgreen's Parcel, placed buildings on the Parcel without regard to subdivision requirements since a leasehold estate was the development model. The downturn of the economy, coupled with the departure of Ukrops in 2009, froze the development of the Parcel and caused a transfer of ownership to Ivy View, LLC, the applicant. During these years, the applicant completed the grading as well as the storm water infrastructure which serves the Parcel in order to ready the Parcel for development when economic conditions improved. With Carilion Clinic's recent purchase of tax parcel 1272504,as well as the groundwork laid by the applicant and its consultants since 2009, redevelopment of the Parcel is timely. It is clear that the 2004 INPUD plan proposed for the Parcel is no longer relevant or possible. Still relevant, however, is the need to develop the Parcel for commercial and mixed uses in an harmonious fashion while providing needed flexibility for the end users. Consequently, your applicant has filed this application in order to remove all the conditions currently attached to the Parcel and replace them with updated standards that will encourage such development. The INPUD Development Plan for the Parcel dated August 6, 2014 which is included with this application (the "INPUD Plan") shows how the Parcel could be developed. The entrance on Franklin Road is the same as that shown on the 2004 plan. A reciprocal easement with Carillon Clinic (a copy of which is attached) also provides the Parcel access to the signalized intersection at Franklin Road as well as the Wonju Street entrance, which are located on the Carilion parcel. The INPUD Plan shows four buildings which are sized and placed in order to provide developmental symmetry, meet parking requirements, and meet subdivision requirements. Ultimately, the 7 separate tax parcels which comprise the Parcel must be combined and resubdivided in order to create up to 4 separate tax map parcels. The INPUD Plan provides that the conditions noted thereon will apply to the Parcel however it may be combined or subdivided in the future. It is expected that the first site to be developed will be a restaurant at the southwest corner of the Parcel by the signalized intersection with Franklin Road. While still pursuing its due diligence investigations, JMH Real Estate, LLC is expected to purchase and develop that site as a Mellow Mushroom, a restaurant well-known for its style of upscale casual dining. Outdoor dining is expected to be included. 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. In analyzing the impacts of the changes in use from those proposed in 2004, 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 the proposed uses of the Parcel in 2004 against the updated use list, the analysis shows a slight reduction in the number of anticipated trips. 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 after approval of the 2004 plan) remain unactivated until such time as the level of traffic justifies the activation of that signal. • • 14000.5080 P8 109 MY 2919 PREPARED BY AND RaTIIRN RECORDED DOCIIMENTYD Williams Mullen 200 5.I0'Slnst,l6'Floor Richmond,VA 23219 Alin:Mary KYkdne MWOelrick,Esq. Tat Map Nos:1272504,1150106,1150109,:150108,1130102,1150104,1150112,and 1150113 RECIPROCAL EASEMENTS.OPERATIONS AND MAINTENANCE AGREEMENT THIS RECIPROCAL EASEMENTS, OPERATIONS AVID MAINTENANCE AGREEMENT (the "Agreement') is made and entered into this /2.day of 2014, by IVY VIEW LLC, a Virginia limited liability company ("Ivy Viety"), a gran r and grantee for purposes of indexing; and CARILION CLINIC PROPERTIES, LLC, a Virginia limited liability company("Carillon"),a grantor and rentee for purposes of indexing. RECITALS A. Contemporaneously with the recordation of this Agreement, Carillon acquired fee title to certain real property situated in the City of Roanoke,Virginia,more particularly described on Exhibit A attached hereto (the"Carillon Properly"). B. Ivy View is the owner of certain adjacent real property situated in the City of Roanoke, Virginia, more particularly described on Exhibit B attached hereto (the "Ivy View Parcels"). C. The Carillon Property and the Ivy View Parcels are identified as"Lot A-1 A"and "Parcel C-1", respectively, on that certain plat entitled "Plat Showing the Combination & Re- Subdivision of Lot A-1 (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-1A (5.2179 acres) &Parcel C-I (2.2545 acres), Situated at#2331 &#2309 Franklin Road,SW,City of Roanoke, Virginia" dated May 9, 2014 and prepared by Lumsden Associates, P.C. (the "Subdivision Plat"). The Ivy View Parcels also include Tax Map Parcels#1150109, 1150108, 1150102, 1150104, 1150112 and 1150113,each of which shall be subject to this Agreement. D. Ivy View and Carillon desire to impose certain covenants and conditions herein with respect to the Ivy View Parcels and the Carillon Property, respectively, for the benefit and complement of both properties and the present and future owner(s) of the Ivy View Parcels and the Carillon Property and its or their respective Pernrittees (as hereinafter defined), all as hereinafter set forth. NOW, THEREFORE, in consideration of the above recitals, other good and valuable consideration, and of the easements, covenants and conditions herein contained, and for the mutual complement and benefit of the Ivy View Parcels and the Carillon Property, Ivy View,as to the Ivy View Parcels, and Carilion, as to the Carillon Property, hereby declare, covenant and agree that the Ivy View Parcels and the Carillon Property and all parts thereof and all present and future owners and occupant's thereof, shall be and hereby are subjected to the easements, covenants and conditions and provisions hereinafter set forth in this Agreement,as follows: by ViwPEADOC 1 e81 I0 MY 29 AGREEMENTS 1. Definitions. For purposes hereof: (a) "Access Road Easement' shall mean the easement granted in Section 2.1 below, and as shown on the Subdivision Plat. (b) "Building" shall mean tiny single or multi-story structure existing or constructed by an Owner on a Parcel for medical,office,retail or parking purposes. (c) "Clerk's Office"shall mean the Clerk's Office of the Circuit Court of the City of Roanoke,Virginia. (d) "Common Areas" shall mean those portions of the Parcels which are not, from time to time, improved with Buildings or other structures and which are designated and/or intended for use as Driveways, pedestrian walkways (including the Mezzanine Terrace defined below), sidewalks, landscaped and grassed areas, access ways to and from dedicated public streets, erected or to be erected thereon,as the same may be modified in accordance with the tams of this Agreement. (e) "Driveways"shall mean those drive aisles providing vehicular access across the Parking Areas to and from the abutting public streets and the Access Road including the ramp into the Parking Garage on Parcel C-! as shown on the Subdivision Plat. (f) "Existing Carillon Building"shall mean that certain 56,000 square foot building, which currently exists on the Carillon Property. (g) "First Mortgagee"shall mean the holder of the mortgage upon the fee interest in any Parcel that has priority on such fee interest. (h) "Mezzanine Terrace"shall mean the existing pedestrian walkway over the ramp to the Parking Garage attached to the Existing Carillon Building on the eastern side,as shown on the drawing attached hereto as Exhibit C. (1) "Owner" or "Owners" shall mean Ivy View and Carillon, individually and collectively,as the context may require,and any and all successors or assigns of such persons as the owner or owner of fee simple title to all or any portion of the real property covered or benefitted hereby, whether by sale, assignment, inheritance, operation of taw, trustee's sale, foreclosure, or otherwise,but not including the holder of any lien or encumbrance on such real Property. a) "Pawl" or "Parcels" shall mean each separately identified parcel of real property now constituting the Ivy View Parcels and/or the Carillon Property and any future subdivisions thereof. (k) "Parking Arras" shall mean the surface parking lot located on the Carillon Property on top of the Parking Garage, and any future parking areas located on the Ivy View Parcels. m m,i. 2 P60111 MY291b (I) "Parking Easement" shall mean the parking easement granted in Section 2.4 below, (m) "Parking Garage" shall mean the existing underground portion of the parking garage located on the Carillon Property. (n) "Pertnittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents,contractors, customers, invitees and licensees of(i) the Owner of such Parcel,and/or(ii)such tenant(s)or occupant(,). (o) "Utility Easements" shall mean the utility easements granted in Section 3.1 and 3.2 below. (p) "Utility Easement Areas" shall mean those portions of the Commons Areas on the Ivy View Parcels and/or the Carillon Property where Utilities are located and relocated from time to time pursuant to the terms of this Agreement. (q) "Utilities"shall mean sanitary sewer lines,water lines,storm water pipes,electric lines, natural gas lines,cable television and other telecommunications lines, conduits, hydrants, and other utility systems and facilities situated within the Access Road Easement or on the Common Areas and that are designed,intended and made available for the use and benefit of one or more of the Owners,including trunks and connections to any public facilities. 2. Access Easements. 2.1 Access Road Easement. Subject to any express conditions, limitations or reservations contained herein,the Owner of the Caril ion Property hereby establishes,grants and conveys to the Owner of the Ivy View Parcels and its Permittees,for the benefit of the Ivy View Parcels, a non-exclusive, perpetual right and easement for vehicular Ingress and egress over the existing 30' access road shown on the Subdivision Plat that serves as the primary access way onto U.S.Route 220,a public right-of-way. 2.2 Mezzanine Terrace Easement. (a) Subject to any express conditions, limitations or reservations contained herein, the Owner of the Carillon Property hereby establishes,grants and conveys to the Owner of the Ivy View Parcels and its Pennittecs, for the benefit of the Ivy View Parcels, a non- exclusive, perpetual right and easement for pedestrian access over the Mezzanine Terrace. The parties hereto acknowledge and agree that it is the intent of the Owner of the Ivy View Parcels to develop additional retail and office uses on the Ivy View Parcels and to connect the Buildings constructed on Parcel C-1 (as shown on the Subdivision Plat)to the Existing Carillon Building by the Mezzanine Terrace,so as to provide pedestrian access Qom the Existing Carillon Building over the Parking Garage ramp to the Ivy View Parcels and from the Buildings to be constructed on Parcel C-I over the Parking Garage ramp to the Existing Carillon Building. Upon request, Carillon hereby agrees to grant reasonable temporary construction easements to the Owner of the Ivy View Parcels in the future to allow for the construction of such future improvements. "wwi 3 P601 12 MY29 ,4 y (b) Notwithstanding any provision of Subsection 2.2(a) above, and in connection with the additional improvements to be constructed on the Ivy View Parcels adjacent to the Mezzanine Terrace, the Owner of the Ivy View Parcels hereby agrees, for itself and its successors and assigns, that it shall not construct any Building within less than forty-two (42) feet of the eastern face of the Existing Carillon Building (the "Restricted Building Anal. The Restricted Building Area shall be the area north of the line beginning at point R-21 and ending at point 50 on the Subdivision Plat,as more particularly shown on the drawing attached hereto as Exhibit D. (o) In the event that the Owner of the Ivy View Parcels has not constructed a connection to the Mezzanine Terrace on or before December 31,2016, then the Owner of the Carillon Property may elect to remove the Mezzanine Terrace upon sixty(60)days prior written notice to the Owner of the Ivy View Parcels. If the Owner of the Ivy View Parcels does not object in writing to the removal of the Mezzanine Terrace within such sixty(60)day period(the "Objection Leiter"),then the Owner of the Carillon Property may remove the Mezzanine Terrace and record an instrument in the land records terminating the easement over the Mezzanine Terrace granted in Subsection 2.2(a)above. The Owner of the Ivy View Parcels may only object to the removal of the Mezzanine Terrace as follows: (i)if the removal of the Mezzanine Terrace would cause structural damage to any existing Buildings located on the Ivy View Parcels,as set forth in a written opinion from a professional engineer, or (ii) If the Owner of the Ivy View Parcels either (x) is currently constructing a connection to the Mezzanine Terrace or (y) has approved plans to construct a connection to the Mezzanine Terrace,with such construction to be completed within six(6) months after the date of the Objection Letter. If tho Owner of the Ivy View Parcels does not send the Objection Letter within the sixty(60) day time period,then the Owner of the Ivy View Parcels hereby agrees to execute a document to be recorded terminating the easement over the Mezzanine Terrace, upon request of the Owner of the Carillon Property. The Owner of the Carilion Property shall perform any such removal of the Mezzanine Terrace in n good and workmanlike manner, in accordance with all applicable laws, regulations and ordinances and shall indemnify and hold harmless the Owner of the Ivy View Parcels from any claims,losses or damages suffered related to the removal of the Mezzanine Terrace. 2.3 Driveway Easements. (a) Subject to any express conditions, limitations or reservations contained herein,the Owner of the Carilion Property hereby establishes, grants and conveys to the Owner of the Ivy View Parcels and its Permittees, for the benefit of the Ivy View Parcels, a non- exclusive right and casement for vehicular ingress and egress over, across and upon the Driveways. (b) Subject to any express conditions, limitations or reservations contained herein,the Owner of the Ivy View Parcels hereby establishes, grants and conveys to the Owner of the Carillon Property and its Permittees, for the benefit of the Carillon Property, a non- exclusive right and easement for vehicular ingress and egress over, across and upon the Driveways. 2.4 Parking Easement. 4 ! I 13 Ni 29 ra (a) Subject to any express conditions, limitations or reservations contained herein, the Owner of the Carillon Property hereby establishes, grants and conveys to the Owner of the Ivy View Parcels and its Permittees, for the benefit of and as an appurtenance to the Ivy View Parcels, a non-exclusive easement for vehicular parldng on, over and across the Parking Areas located on the Carillon Property,together with a non-exclusive easement for vehicular and pedestrian ingress and egress by Ivy View, its successors, assigns and Permittees, over the existing Driveways located on the Carillon Property, for providing ingress and egress to and from the Parking Areas to U.S. Route 220. The Patting Basement shall not include the use of the Parking Garage on the Carillon Property. (b) The Parking Easement shall be used for ingress, egress and parking of passenger vehicles,by the Owner of the Ivy View Parcels and its Permittees. (a) The use of the Parking Basement by the Owner of the Ivy View Parcels and its Pennines shall not be permitted between the hours of 8:00am and 7:00pm, Monday through Friday(the "Restricted Panting Hours"),except for on state and federal holidays when the offices located on the Carillon Property are closed to patients. Ivy View agrees to provide signage,reasonably acceptable to Carilion,In the Parking Areas indicating the Restricted Parking Hours, at its sole cost and expense. Such signage shall comply with all applicable laws and regulations. (d) Subsection 2.4(c) above shall not prohibit any Owner of any Parcel from entering into any separate parking easement agreement in the Arturo with the Owner of any other Parcel;provided,however,each Owner shall maintain the appropriate number of parking spaces on their respective Parcels to meet or exceed the requirements of the City of Roanoke Zoning Ordinance. (e) So long as(i)access to any other parking space within the Parking Areas is not materially interfered with;and(ii)the relocation of any parking space in the Parking Areas does not materially interfere with or require relocation, alteration or redirection of any connecting parking spaces from any other Parcel,then either Carillon or Ivy View may relocate any parking space on their respective Parcel. 2.5 Common Area Easements. (a) Subject to any express conditions, limitations or reservations contained herein,the Owner of the Carillon Property hereby establishes,grants and conveys to each Owner of the Ivy View Parcels and its Permittees, for the benefit of the Ivy View Parcels, a non- exclusive right and easement to use and enjoy the Common Areas,together with a non-exclusive right and easement for pedestrian ingress and egress over, across and upon the Common Areas for the purpose of access to the Buildings and the Parking Areas. (b) Subject to any express conditions, limitations or reservations contained herein,each Owner of the Ivy View Parcels hereby establishes,grants and conveys to the Owner of the Carillon Property and its Perrnittees, for the benefit of the Carillon Property, a non- exclusive right and easement to use and enjoy the Common Areas,together with a non-exclusive right and easement for pedestrian ingress and egress over, across and upon the Common Areas for the purpose of access to the Buildings and the Parking Areas. 1114421111.1 5 • 11 8 1 1 4 MY 2914 3. Utility and Drainage Easements. 3.1 Utility Easements. (a) Subject to any express conditions, limitations or reservations contained herein,the Owner of the Ivy View Parcels establishes, grants and conveys to the Owner of the Carillon Property,for the benefit of the Carillon Property,a non-exclusive perpetual easement in, under, upon, through and beneath the Common Areas on the Ivy View Parcels for the connection, construction, installation, reconstruction, maintenance and use of Utilities to serve the Carillon Property from time to time and the improvements now or hereafter constructed thereon. The Owner of the Carillon Property shall also have the right to install manholes, electrical transmission boxes or other necessary aboveground facilities in such Utility Easement Areas incident to such Utilities. Notwithstanding the foregoing, in no event shall any construction, installation or maintenance of the Utilities that serve the Carillon Property unreasonably impede the use of,or access to or from,any Parcel. (b) Subject to any express conditions, limitations or reservations contained herein, the Owner of the Carillon Property establishes, grants and convoys to the Owner of the Ivy View Parcels,for the benefit of the Ivy View Parcels,a non-exclusive perpetual easement in. under, upon, through and beneath the Common Areas on the Carillon Property for the connection, construction, installation, reconstruction, maintenance and use of Utilities to serve the Ivy View Parcels from time to time and the improvements now or hereafter constructed thereon. The Owner of the Ivy View Parcels shall also have the right to install manholes, electrical transmission boxes or other necessary aboveground facilities in such Utility Easement Areas incident to such Utilities. Notwithstanding the foregoing, in no event shall any construction, installation or maintenance of the Utilities that serve the Ivy View Parcels unreasonably Impede the use of,or access to or from,any Parcel. 3.2 Storm Water Drainage Easement. (a) Subject to any express conditions, limitations or reservations contained herein, the Owner of the Carillon Property establishes, grants and conveys to the Owner of the Ivy View Parcels, for the benefit of the Ivy View Parcels, a perpetual, non-exclusive easement For storm water drainage and management over, upon,across and under the Common Areas for the purpose of discharge, drainage, transmission and collection of storm and ground water on, through and across the Carillon Property to the extent necessary to serve the Ivy View Parcels for surface drainage and for installation, maintenance, repair and replacement of the pipe and other apparatus under and across the easement area. (b) Subject to any express conditions, limitations or reservations contained herein, the Owner of the Ivy View Parcels establishes, grants and conveys to the Owner of the Carillon Property, for the benefit of the Carillon Property, a perpetual, non-exclusive easement for storm water drainage and management over, upon, across and under the Common Areas for the purpose of discharge, drainage, transmission and collection of storm and ground water on, through and across the Ivy View Parcels to the extent necessary to serve the Carillon Property for surface drainage and for installation,maintenance, repair and replacement of the pipe and other apparatus under and across the easement area, 244003 p 6 • P601 15 KY2914 3.3 Barriers. No bathers, fences or other obstructions (other than customary traffic control devices and markers and temporary construction fencing) shall be erected at any time (including, but without limitation, during the completion of any repairs and/or maintenance required to be performed hereunder) so as to materially impede or interfere with the flow of vehicular and pedestrian traffic to and from any Parcel over the Access Road Easement and to and from any abutting streets or rights-of-way. The preceding sentence shall not prohibit the reasonable designation of traffic and pedestrian lanes, nor shall the preceding sentence be deemed to prohibit the development of any Parcel by an Owner of the Parcel, as may be necessary to accommodate said development so long as access between any Parcel and Route 220 remains open and passable at all times. 3.4 Maintenance of the Access Road.Common Areas and Utilities. (a) The Owner of the Carillon Property shall be responsible for the general maintenance and repair of the Access Road and the ramp leading into the Parking Garage, including,without limitation, resealing and repaving the road surface from time to tune,in order to keep such road and surrounding areas in good order, condition and repair, including the removal of ice,snow and other debris from the Access Road and ramp(collectively,the"Access Road and Ramp Maintenance"),at its sole cost and expense. (b) The Owner of the Carillon Property shall also be responsible for the general maintenance and repair of the Mezzanine Terrace, except to the extent any of the Mezzanine Terrace is located on the Ivy View Parcels, including keeping such walkway structure in good order,condition and repair,including removal of ice,snow and other debris from the Mezzanine Terrace(the"Mezzanine Terrace Maintenance"). Carillon and Ivy View each acknowledge and agree that the Mezzanine Terrace was constructed to connect the Existing Carillon Building to future Buildings located on the Ivy View Parcels. The Owner of the Ivy View Parcels shall be responsible for the Mezzanine Terrace Maintenance for any portion of the Mezzanine Terrace which is located on the Ivy View Parcels, whether now existing or constructed in the future to connect to future Buildings. (e) The Owner of each Parcel shall be responsible for maintaining the Driveways, Parking Areas, Common Areas, and Utilities located on its Parcel in good order, condition and repair, provided,however, that, In the event that any Utilities that cross a Parcel serve one, but not more of the Parcels, then in such event, the party that is served by such Utilities shall have the obligation to perform the maintenance on such Utilities and they shall have the right to enter onto any of the other Parcels In order to perform any repair and/or maintenance required from time to time an such Utilities in order to keep the same in good repair and condition, and any damage caused by such entry shall be promptly corrected upon the completion of such work. Following the construction of improvements thereon,maintenance of Common Areas and Parking Areas shall include, without limitation, maintaining and repairing all sidewalks and the surface of the parking and roadway areas, removing all papers,debris and other refuse from and periodically sweeping all parking and mad areas to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining appropriate lighting fixtures for the parking areas and roadways, maintaining marking, directional signs, lines and striping as needed, maintaining landscaping, maintaining signage in good condition and repair, and performing any cnd all such other duties as are necessary to maintain such Common Areas !404011! 7 PI© 1 16 NY 29 and Parking Areas in a clean,safe and orderly condition.Except as otherwise expressly provided in this Agreement, once constructed, In the event of any damage to or destruction of all or a portion of the Common Areas or any Parking Areas on any Parcel, the Owner of such Parcel shall, at no cost or expense to the other Owners, with due diligence, repair, restore and rebuild the same to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement). Each Owner reserves the right to alter, modify, reconfigure, relocate and/or remove the Common Areas or building areas on its Parcel, subject to the following conditions:(i)the reciprocal easements between the Parcels pursuant to Paragraph 2.1, 2.2,2.3 and 2.5 shall not be closed or materially impaired;and(II)Ingress and egress to and from the Parcels and adjacent streets and roads, including the Access Road Easement,shall not be so altered,modified,relocated,blocked and/or removed without the written consent of all Owners. 3.5 Relocation. Each Owner may relocate any portion of the Utilities located on such Owner's Parcel from time to time, provided that(0 such relocation shall be made at the sole cost and expense of said relocating Owner,(ii) the use of the Utilities for the intended use thereof is not unreasonably restricted or materially impaired by,during or after relocation,(iii)the quality of construction and the relocated facilities shall be substantially the same as the portion being relocated, (iv) the relocation shall be carried out in such a manner as not to interrupt the use of the Utilities by any Owner or Pennitice, (v) the relocation is consistent with sound engineering and control practices, and (vi) the Owner of each of the Parcels consents to such relocation, which consent shall not be unreasonably withheld, delayed or conditioned by such Owners. Upon the relocation of any portion of the Utilities, any applicable easement areas established hereunder shall be automatically adjusted and relocated to accommodate the new location of such facilities,and the portion of the easement areas of the prior location of such facilities shall be Ipso facto terminated,vacated and extinguished. 16 Notice: Construction. Except as otherwise expressly set forth herein, this Agreement shall not obligate either Owner to construct any improvements on any Parcel. Prior to an Owner constructing any new improvements on another Owner's Parcel (as such right is expressly granted herein),the Owner constructing such improvements shall submit a plan to the Owner of the Parcel upon which such improvements will be constructed, which the Owner of such Parcel shall approve or reject within ten (10) business days (which approval shall not be unreasonably withheld or conditioned), or said plan shall be deemed to have been approved. If the Owner of such Parcel rejects the plan, the Owner socking to construct such improvements shall revise its plan and resubmit it to the Owner or the Parcel according to the tenns of this subsection, until it has been approved or deemed to have been approved. Except as otherwise expressly set forth in this Agreement, neither Owner shall have the right to construct, install, maintain, repair and make replacements of any improvements upon the Parcel of another Owner without such Owner's prior written consent, which consent shall be in such Owner's sole and absolute discretion. Notwithstanding anything to the contrary above,no Owner shall be required to go through the above approval process if the construction being done by an Owner on another Owner's Parcel is related to the maintenance, repair and/or replacement of any existing improvements, pipes, drains, driveways or other existing facilities contained within the easements provided for in this Agreement for which an Owner has the right or obligation to maintain; however, any such construction project that may adversely impact the use,parking or access to or from any Parcel shall be reasonably coordinated with the affected Owner(s) to try to minimize any such impacts. • 111142011, °P6 0 1 19 kT 2gP1 3.7 Insurance. Throughout the term of this Agreement,each Owner shall procure and maintain general and/or comprehensive public liability and property damage insurance against claims for personal injury, death, or property damage occurring upon such Owner's Parcel and any other Owner's Parcel upon which such Owner is performing construction or maintenance in sufficient types and amounts so as to meet such Owner's obligations hereunder. 3.8 Indemnification. Each Owner having rights with respect to an easement granted hereunder shall indemnify and hold the Owner whose Parcel is subject to the easement harmless from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents,injuries, loss,or damage of or to any person or property to the extent such claims, liabilities and expenses arise from the negligent, intentional or willful acts or omissions of such Owner,its contractors,employees,agents,or others acting on behalf of such Owner. 4. Taxes and Assessments. Each Owner shall cause to be paid promptly when due all real estate taxes and assessments levied or made by any governmental body or agency with respect to its Parcel,or any payments in lieu of real estate taxes,subject only to the right of said Owner to defer payment in a manner provided by law in connection with a bona fide contest of the amount of such tax or assessment so long as the rights of the other Owners hereunder shall not be jeopardized by such deferring of payment. 5. No Rights in Public:No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Parcels. No easements, except those expressly set forth in Sections 2 and 3 above, shall be implied by this Agreement 6. Remedies and Enforcement. 6.1 All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants,restrictions or conditions hereof,the Owner of the Ivy View Parcels and/or the Owner of the Carillon Property shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies against the defaulting Owner or Permittee fmm the consequences of such breach,including payment of any amounts due and/or specific performance, subject to the notice and cure provisions of Section 6.2 below for all breaches other than a breach of the terms, covenants,restrictions or conditions of Section 3.3,3.5,3.6 and 3.7 hereof. 62 Self-Help. In addition to all other remedies available at law or in equity,upon the failure of a defaulting Owner to cure a breach of this Agreement within thirty (30) days following written notice thereof by an Owner(unless,with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the defaulting Owner commences such cure within such thirty(30)day period end thereafter diligently prosecutes such cure to completion and except for a breach of the rights created under Section 33,3.5,3.6 and 3.7 hereof, which shall not require notice and an opportunity to cure),any Owner shall have the right to perform all such obligations contained in this Agreement on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof, Including, without limitation, reasonable attorneys' fees. All amounts due hereunder from any Owner shall bear interest at the prime rate set forth from time to time in the Wall Street Journal (or a similar type publication),plus two percent(2%)(not to exceed the maximum rate 11.114211,11 9 • PG0I I HY2g14 of interest allowed by law) (the "Default Rale"), from the date that the expanse was Incurred until paid In full. Notwithstanding the foregoing, in the event of(I) an emergency, or (ii) a blockage or material impairment of the easement rights granted in Sections 2 and 3 above,the Owner of the Ivy View Parcels and/or the Owner of the Carillon Property may immediately cure the same on behalf of the defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable cost thereof, including, without limitation, attorneys' fees, together with interest accruing at the Default Rate, from the date such costs are incurred until the curing Owner Is paid in MI. 6.3 Limitation on Enforcement Rights. Notwithstanding anything contained herein to the contrary,only the Owner of the Ivy View Parcels and/or the Owner of the Carillon Property shall have the right to enforce the terms, covenants and conditions of Sections 2 and 3 or to otherwise complain of a violation thereof. The terms,covenants and conditions of Sections 2 and 3 are not intended for the benefit of any Owner, Pemtittee or any person other than as specifically provided in such Sections,and no other Owner,Permittee or any other person shall have the right to complain of a violation of, or to seek to enforce, the terms, covenants and conditions of Sections 2 and 3. 6.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 6.5 No Termination For Breach. Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Pausal made in good faith for value,but the easements, covenants,conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure,trustee's sale,or otherwise, 6.6 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7. Term. The easements granted herein shall continue in perpetuity, unless this Agreement is modified,amended, canceled or terminated by the written consent of all then record Owners, and the First Mortgagee of both the Ivy View Parcels and the Carillon Property, if then applicable,pursuant to the terms of Section 11.1 below. 8. Eminent Domain. 8.1 Effect of Taking. In die event of a taking by any duly constituted authority for a public or quasi-public use of all or any part of any Parcel or sale in lieu of such taking(each a "Taking"), the provisions of this Agreement shall have no further applicability as to any portion of a Parcel so taken, but the perpetual easements created by this Agreement shall survive as to the remainder of such Parcel not taken. If the Access Road is damaged as a result of such Taking,then the Owner of the Carillon Property shall,to the extent reasonably practicable,repair and restore the remaining portion of the Access Road to a proper and usable condition. :+cow,I 10 Ps 0 119 NY 2q'14 8.2 Award. In the event of any Taking of the Access Road, the award attributable to any Parcel and the buildings and improvements thereon shall be payable to the Owner of the Carillon Property in order for the repair of Access Road to be completed as provided in Section 8.1 above,and no claim shall be made by the other Owners as to such award. 9, $ale.Conveyance or Subdivision of Parcels, 9.1 Sale or Conveyance of Parcel. At the time any sale, transfer or conveyance results in any kind of change in ownership of a Parcel or any portion thereof, nay grantee, transferee, successor or assignee of an Owner shall lake such ownership interest subject to this Agreement and shall be bound by the covenants,provisions,conditions and easements contained in this Agreement which are applicable to such ownership interest from and after the effective date of such sale,transfer or conveyance,and the prior Owner shall have no further liability for anything arising under this Agreement from and after the effective date of such sale,transfer or conveyance; provided, however, that such prior Owner shall not be released from any outstanding obligations or causes of action that arose prior to such sale, transfer or conveyance, which outstanding obligations shall continue to be a personal obligation of such prior Owner until satisfied. 9.2 Subdivision. If a Parcel is subdivided, the Owner of such Parcel shall record a supplement to this Agreement in the Clerk's Office that shall allocate to one or more of such subdivided parcels within the former Parcel the obligations (including, without limitation, payment/reimbursement obligations) of such Owner set forth in this Agreement. Such supplement to this Agreement shall not restrict or impair the easement rights of any other Owner created hereunder or impose upon any Owner of a Parcel or any Permitted thereof any greater maintenance or cost obligations than those created hereunder. Upon the recordation of the supplement to this Agreement (and the assumption of the obligations described above by the Owner of the subdivided Parcel to which the obligations are allocated),the Owner shall have no further rights or obligations with respect to the matters described herein(except to the extent the Owner is the owner of the Parcel to which the obligations set forth herein have been allocated). Thereafter, the resubdivided portion of the Parcel to which the obligations described herein have been allocated shell be subject and subordinate to and required to comply with those obligations set forth herein as are so allocated to such subdivided Parcel. The all Owner er Owners subdivided shall provide a copy of such supplement to this Agreement after recordation. 10. Liability. 10.1 Limitation of Liability. The liability of any Owner shall be limited to such Owner's interest in its Parcel and the Building and other improvements thereon and the rents, income and profits therefrom. If at any time any Owner shall Gdl to perform any covenant or obligation hereunder, and as a consequence, any other Owner shall recover a money judgment against such Owner, such Judgment shall be enforced and satisfied (subject to the rights of any mortgagee or deed of trust holder whose lien predates the entry of such judgment),out of only(1) the proceeds of sale resulting from the execution or such judgment and levy thereon against the defaulting Owner's interest in its Parcel and the improvements thereon,(ii)rents or other inane than such property receivable by the defaulting Owner and/or(iii)the consideration received by such delimiting Owner from the sale of all or any part of auch Owner's interest in its Parcel made 11471111.4 11 P60120 MY 29'14 after such failure of performance(which consideration shall be deemed to include any assets at any time held by such Owner to the extent that the value of same does not exceed the proceeds of such sale): 10.2 Effect of Liability Limitations. The provisions of Section 10.1 are not designed to relieve any Owner from the performance of any of such Owner's obligations under this Agreement, but rather to limit the Owner's liability In the case of the recovery of a judgment against such Owner as above provided. None of the provisions of Section 10.1 shall be deemed to limit or otherwise affect any Owner's right to avail itself of any other right or remedy which may be accorded to it by law or by this Agreement as against any Owner in breach of this Agreement except as specifically provided in Section 10.1. 11. Miscellaneo . 11.1 Amendment. The Owner of the Ivy View Parcels and the Owner of the Carillon Property agree that the provisions of this Agreement may be modified or amended,in whole or in part,or terminated,only by the written consent of all then record Owners of the Parcels and by the then existing First Mortgagee of each of the Parcels,evidenced by a document that has been fully executed and acknowledged by all such record Owners and First Mortgagees and recorded in the Cleric's Office. Notwithstanding anything to the contrary contained in this Agreement, either Ivy View or Carilion shall have the right to unilaterally assign its approval and enforcement rights arising under this Agreement to a successor Owner from time to time by recording an assignment of such rights in the Clerk's Office. 11.2 Consents. Any request for consent or approval under this Agreement shall: (a)be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as Is reasonably necessary to make an informed decision thereon. 11.3 No Waiver. No waiver of any default of any obligation by any person or entity shall be Implied from any omission by any other person or entity to take any action with respect to such default. 11.4 No Aaencv. Nothing in this Agreement shall be deemed or construed by any person or entity to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the Owners, any Permittees and any other person or entity. 11.5 Covenants to Run with Land. It is intended that each of the casements,covenants, conditions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefitted thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors,assigns,heirs,and personal representatives, subject to the limitations of Section 6.3. 11.6 'Amok& If an Owner (the "Responsible Owner"), its employees or agents commits a negligent or wrongful act or omission or a breach of this Agreement,the Responsible Owner shall indemnify and hold every other Owner harmless (except for loss or damage 1NPCR 9 12 ft012I MY 29.14 resulting from the tedious acts of such Owner) from and against any damages, liability,suits, actions,claims and expenses(including attorneys' fees in reasonable amount)in connection with the loss of life,personal injury and/or damage to property occasioned wholly or in part by such negligent or wrongfbl act or omission or breach. 11.7 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof,whether from an original party or front a subsequent owner of such Parcel,shall accept such deed or contract upon and subject to each and all of the easements,covenants,conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs and personal representatives, covenant, consent, and agree to and with the other party,to keep,observe,comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. In no event shall the term"successors and assigns"as used herein include any tenant or occupant from time to time of any Parcel or any portion thereof;it being the intention of the Owners that no consent of any tenant or occupant shall be necessary for any amendment, modification, termination or release of the rights and obligations contained in this Agreement. 11.8 Separability. Each provision of this Agreement and the application thereof to the Parcels are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or enforceability unenforceable or not to run with the land, such holding shall not affect the validity f remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description,tlx:parties agree to promptly cause such legal description to be prepared. Ownership of more than one or all of the Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 11.9 Time of Essence. Time is of the essence of all terms contained within this Agreement. 11.10 Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations,negotiations,and understandings are superseded hereby. 11.11 ti (a) Notices or other communication hereunder shall be in writing and shall be sent certified mail, return receipt requested, or by national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. The Owners may change from time to time their respective address for notice hereunder, or any additional Owner may add Its address for notice hereunder, by like notice to the other Owners. The notice addresses of the Owners are as follows: Ivy View; Ivy View LLC do Valley Financial Corporation Attention:Ellis L.Gutshall «".,t• 13 PG0I Zi WY. 29.14 36 Church Avenue,SW Roanoke,VA 24011 With a copy to: Calvin W.Fowler,Jr.,Esq. Williams Mullen 200 S. 10th Street, 16th Floor Richmond,Virginia 23219 ton: Carillon Clinic Properties,LLC 213 Jefferson Street Roanoke,VA 24011 Attn: Curtis E.Mills,Jr.,Real Estate Dept. With a copy to: Thomas T.Palmer,Esq. Woods Rogers 10 S.Jefferson Street,Suite 1400 Roanoke,Virginia24011 (b) Each Owner shall also send any other Owner's First Mortgagee a copy of any notice of default given hereunder if and so long as such First Mortgagee shall have first notified each Owner of Its mailing address, 11.12 Oovi g Taw. The laws of the Commonwealth of Virginia shall govern the interpretation,validity,performance,and enforcement of this Agreement. 11.13 Execution by Counterpart. This Agreement may be executed in as many counterparts as may be required; and it shall not be necessary that the signature of,or on behalf of, each party, or that the signatures of all persons required to bind any party, appear on each counterpart;but it shall be sufficient that the signature of,or on behalf of,each party,or that the signatures of tha persons required to bind any party,appear on one or more of such counterparts. All counterparts shall collectively constitute a single document. 11.14 EatgotrafagalVt. Each Owner shall, from time to dine, upon not less than twenty (20) days' notice from any Owner, execute and deliver to such requesting Owner a certificate stating that this Agreement is unmodified and in full force and effect or, if modified, that this Agreement is in full force and effect, as modified, and stating the modifications; and stating whether or not, to the best of its knowledge, without Investigation, any Owner or Pennittec is in default under this Agreement,and,if in default,specifying such default, 11.15 No Third Party Beneficiary. Except as specifically provided in this Agreement, no rights, privileges or immunities of any Owner shall inure to the benefit of any Permittee of any Parcel or any other third party,nor shall any Permittee of any Parcel or any other third party be deemed to be a third party beneficiary of any of the provisions contained herein. 1 1.16 Notice to Lenders. Each Owner shall make commercially reasonable efforts to provide any lender with a first priority lien on the applicable Parcel with written notice of any default or breach by the Owner of such Parcel or claimed default or breach wider this Agreement at the same time as it sends such notice to the defaulting Owner. Such lender shall have the sane Hww',L 14 P6g123 $Y 2c114 opportunity to cure such default provided to the defaulting Owner in accordance with the terms of this Agreement. No action by such lender pursuant to this Agreement shall constitute or be deemed to be an assumption by such lender of any obligation under this Agreement,except as otherwise expressly provided herein. [See following pages for counterpart signature page] "al, 15 rib 12 4 MY 29 Iii IN WITNESS WHEREOF, the undersigned has executed this Reciprocal Easements, Operation and Maintenance Agreement as of the date first set forth above. IVY VIEW: IVY VIEW,LLC,a Virginia tithed liability company By N Tile: m tets ere COMMONWEALTH IV VIRGINIA CID/HA:WNW OF iS 0 CL,,,,) ,to-wit: The foregoing instrument was acknowledged before me this a_ of 0.,i ,2014,by Ellis L.Outshall,in his capacity as Manager of Ivy View,LLC, for and oh behalf of the company. He is personally known to me or has produced a valid state- issued driver's license for identification. Notary Public My Commission Expires:121S4A0 b Notary Public Registration Number: 19 Ski 1 [AFFIX REPRODUCIBLE SEAL] ALBERTA O.RICHARDS NOTARY PUMA Cent Cormnamvalth of Virginia Mycommtearon ,.;N - • • ,.wuI) 16 PG 0125 MY 29 De j Signature Page to Reciprocal Easements, Operations and Maintenance Agreement J CARILlON: CARILlONI CLINIC PROPERTIES,LLC,a Virginia limited liability company By: y i Name: • Title: RCA:4re/ COMMONWEALTH Q4'VIRGINIA CITY/9®tRI:P/OF r aA'n.saGC- ,to-wit The foregoing instrument was acknowledged before me this ? day of ,2014,by G bent' Vma .in his capacity as 1alri4 6" of Cariliatt Clinic Properties,LW,for and on of t company. He is personally known to me or has produced a valid state-issued driver's license for identification. O- fit. Notary Public My Commission Expires: 01, 34 t o r Notary Public Registration Number. /d Ton/y/ [AFFIX REPRODUCIBLE SEAL] ,,,,,,,upp,,, .•`ap,M.AiF '', `••• /NOimaY' RUC *j REG.41090a34.t MYCOIMIB$ION ,/?: 4,0,'ALTH O„•••• ,.um) 17 • YGaI2b MY 2`1111 llxl{tB1T n Legal Description of the Carillon Property ALL,that certain parcel of land shown as"LOT A-1 A"and containing approximately 52179 acres as shown on the subdivision plat prepared by Lumaden Associates, P.C.dated May 9, 2014,a copy of which is to be recorded in the Clerk's Office,Circuit Court of the City of Roanoke,Virginia. MOM" 18 11,0 121 MT 29 14 EXHIBIT B Description of the Ivv View Parcels ALL that certain parcel of land shown as"PARCEL C-1"and containing approximately 22545 acres as shown on the subdivision plat prepared by Lumsden Associates,P.C.dated May 9, 2014,a copy of which is attached hereto,and to be recorded in the Clerk's Office,Circuit Court of the City of Roanoke,Virginia(the"Subdivision Plat'. AND Tax Map Parcel#1150109 Tax Map Parcel#1150108 Tax Map Parcel#1150102 Tax Map Parcel#1150104 Tax Map Parcel#1150113 Tax Map Parcel#1150106 Tax Map Parcel#1150112 All as shown on the Subdivision Plat. "semi 19 es '128 MY29PI xmBrr c Meszaoine Tanta w„m,. 20 *8129 MY2114 ki t r A� A ..6 i $ /\ l v ( . _ . _ =-- - — \ \ is Usi ' N\ �� 1 PO 13 0 KY 29 Pi ReahietS?tiWi Area amino 21 . LLU,bl k- 9 +b re A oil Lu.JJ,2,9 Ill r . C3 `' . ,N`'1 / ` ° O 41,4'• AP / i .. 4 1'7-'a it Faked Theft J N • Po '^e 40 0 ,, * 4s f Caaa Amara . •u a I ..."� / :I-yyory )beaa ti: • / 0.931/ 69 • I N . • . LOT A•1A h .I Mk* (snn Ana) ' % I I Arad G-1 i ' (125H law) Titan m i N(QS,1 t 1 tAYF BfAlEDI9 50-$11 N 8513615r E 32 79' .. Y1 r 54-611 3 13450.E 13407 ��: • , W $0.50 N Iei1110.E aro' , R , 1 50.50 S I3Ya•50"t 2700 .` % ©- a IS00' SD-SE N 1074'10'E 1300' t ,� SE.6F S 1SY070'E 7510' ill 1,' N /9'1,•52'E 3904' , 0 ge asp"NN 8 i _..,..______,........_. Gr pl}o Scala t ri I r 1' / t,) eletss u aaa awns WaD W A astir AID EMU WIdO AMA AND 0015 Na OD0IDOEA saa NE WOE OF 099WNP10 DE 42-/t0EIRJINO� 4 P A O R A DE9.eEer eirem woo imam n o w anm HO f acum1 4)fan C)NEE Mow O9aeUUal SMAr NEARED°M OM A£Sm4WS IC EMBED'MAT 9(OWIO NE CaaMDON a K-&*WS f Of EOTA-I(S]VI ACmm6)Na 1,Pa.int AND mien C(110W gent MS 4 It tawPDOPETrarwe%oi ILC INSWAIENT flown maw WWI LOT A-IA(S2lfACIE$1rMM66C-I (12545 ACES)AWED Ar RA1 r asee R9em 9OIA SD WY Or NOMICC 194041t DAS sir aa4 2014 &NW Shooing ° '1 r0 s' i. 42‘loot Restricted Building Area 0 over and affecting .0. MOM OtHY Noslz,a 5 Parcel C-1 (z2545 Acres) p,artY of LW. No. 001701 ivy pa Pte..LLC toN, n�:i°t moats at/2X9 8 1331 For* Road St Roanoke, Virginia DATE. May 15.2914 . ;r LUMSDEN ASSOCIATES,P.C. aoA1,J H 1-c--1' ENGINEERS-SURVEYORS-PLANNERS 1`-90 = ROANOKE,VIRGINIA COWL ND., 2013• 74 UM wmarrom MORK PHONE 1110122M.11 I'.o.eta 2010 MN,IMO 221-00 ROANOO,010146 21010 r•Awll MAeaUWaOICWAI •N,O.NN\$Y\1011W aoaa01 MUM • Pig 1 3 2 MY 29 F4 INSTRUMENT Ut40002180 RECORDED IN 'S OFFICE OF ON MAY 29s 2014 AT 01:13111 BRENDA S.HAMAILTON CLERK � 4 ` OFFICIAL RECEIPT ROANOKE CITY CIRCUIT COURT DEED RECEIPT DATE: 05/29/14 TIME: 13:13:12 ACCOUNT: 770CLR140005080 RECEIPT: 14000012762 CASHIER: WRM REG: 0004 TYPE: AG PAYMENT: FULL PAYNSHT INSTRUMENT t 140005080 BOOK: PADS: RECORDED: 05/29/14 AT 13:13 GRANTOR: IVY VIEW LLC EX: N LOC: Ct GRANTEE: CARILION CLINIC PROPERTIES LLC BX: N PCT: 1009 AND ADDRESS : 213 S JEFFERSON STREET ROANOKE, VA. 24011 RECEIVED OF t WOODS ROGERS PLC CHECK: $35.00 2804 PAGES: 24 OP 0 DESCRIPTION 1: 5.2179 ACRES NAMES: 0 2: CONSIDERATION: .00 A/VAL: .00 MAP: 1272504 PIN: 1150106 301 DEEDS 28.50 145 VSLF 1.50 106 TENRIOLOGY TENT FED 5.00 TENDERED 35.00 AMOUNT PAID: 35.00 CHANGE AMT .00 CLERK OF COURT: BRENDA S. HAMILTON PAYOR'S COPY RECEIPT COPY 1 OF 2 Original INPUD Development Plan uses: Use Type Vehicle Trips—P.M.Peak,per 1,000 sf "Supermarket(two-story,approx 120,000sf total) 8.37x120=1,004* Specialty Retail(1"floor, approx. 75,000 sf total) 5.02 x 75=377 General Office(2nd floor,approx. 75,000 sf total) 1.49 x 75= 112 Total Vehicle Trips 1,493 Amended INPUD Development Plan uses: Use Type Vehicle Trips—P.M.Peak,per 1,000sf *Medical Clink(two-story, approx 120,000 sf total) 5.18 x 120= 622" Specialty Retail(1"floor,approx.75,000 sf total) 5.02 x 75=377 General Office(2"d floor,approx.75,000 sf total) 1.49 x 75= 112 Total Vehicle Trips 1,111 Proposed Amendment to INPUD Development Plan uses: Use Type Vehicle Trips—P.M.Peak,per 1,000 sf *Medical Clink (two-story, approx 120,000 sf total) 5.18 x 120 622* Specialty Retail(1" floor,approx. 21,000 sf total) 5.02 x 21= 105 General Office(2"d floor,approx.21,000 sf total) 1.49 x 21= 31 Restaurant(3 units,approx. 6,300 sf each,approx. 9.02 x 19= 171 19,000 sf total) Total Vehicle Trips 929 "Notes:Italicized uses and trip values are not part of this proposed INPUD amendment, but are provided for consideration of potential traffic volume for the INPUD district as a whole. ITE Codes used—Supermarket(850),Clinic(630),Specialty Retail Center(826), General Office Building(710),Quality Restaurant(931) EXISTING CONDITIONS The applicant and owner, Ivy View, LLC, hereby requests that all of the conditions enacted by Ordinance Nos. 36925-122004 and 37875-082007 (collectively, the "Ordinance") be repealed as they pertain to the 4.2869 acre parcel which is the subject of this application (being Official Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113). Those conditions are as follows: A. Proffered conditions set forth in the Fourth Amended Petition and incorporated in the Ordinance I. 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 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. 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 BF 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(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 LUMINAIRES. 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 LUMINAIRES. 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 C. Proffered conditions set forth in the Amendment to Proffered Conditions - Amended Application No.2 and incorporated in the Ordinance 4. One (1) freestanding sign shall be permitted on Official Tax No. 1150108 in accordance with Section 36.2-660 through 36.2-675, Zoning, of the Code of the City of Roanoke. Upon demolition of the existing building on the subject property, the freestanding sign shall be removed. Electronic readerboards. as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke. shall be prohibited on the subject property. 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 August 6, 2014 be imposed on the 4.2869 acre parcel: VEHICULAR ENTRANCES: TWO ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING CROSS-ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTING ENTRANCE 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 MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE CROSS-ACCESS EASEMENT. BUILDING DESIGN: THE DESIGN OF ANY BUILDING ON THE PROPERTY SHALL BE ARCHITECTURALLY COMPATIBLE THROUGH THE USE OF COMMON MATERIALS AND/OR STYLES WITH THE BUILDINGS ON TAX MAP PARCEL 1272505 AND 1272504. BUILDING HEIGHT SHALL NOT EXCEED FIFTY (50) FEET. BUILDING WALLS FACING FRANKLIN ROAD SHALL HAVE A MINIMUM TRANSPARENCY OR GLAZING OF 40% FOR THE GROUND FLOOR AND 25% FOR UPPER FLOORS. BUILDINGS LOCATED WITHIN 100 FEET OF FRANKLIN ROAD SHALL HAVE A PRIMARY ENTRANCE VISIBLE FROM AND ORIENTED TOWARDS FRANKLIN ROAD AND SHALL PROVIDE PEDESTRIAN LINKAGE TO FRANKLIN ROAD. FOR ANY BUILDING WALL LONGER THAN 50 FEET. ARTICULATION SHALL BE PROVIDED TO AVOID THE APPEARANCE OF A BLANK WALL. SUCH ARTICULATION MAY INCLUDE CHANGES IN COLOR, MATERIALS, OR OFFSET TO BUILDING LINES. DUMPSTER ENCLOSURES SHALL BE CONSTRUCTED WITH BUILDING MATERIALS SIMILAR TO THOSE USED IN THE PRIMARY STRUCTURE IN TYPE AND COLOR. PROJECT SIGNAGE: A. FREE STANDING SIGNS (1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE, TABLE 668-1, FOR THE"CG"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 FOUR (4) GROUND SIGNS SHALL BE LOCATED ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR ENTRANCES 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 LUMINAIRES. 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 LUMINAIRES. 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. ILLUMINATION LEVELS AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3 FOOT-CANDLES. [ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN] USES: THE PROPERTY SHALL BE USED ONLY FOR THE FOLLOWING LAND USES: FINANCIAL INSTITUTION OFFICE, GENERAL OR PROFESSIONAL BUSINESS SERVICE ESTABLISHMENT,NOT OTHERWISE LISTED MEDICAL CLINIC MIXED USE BUILDING BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL GENERAL SERVICE ESTABLISHMENT,NOT OTHERWISE LISTED PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED PET GROOMING RETAIL SALES ESTABLISHMENT,NOT OTHERWISE LISTED EATING ESTABLISHMENT EATING AND DRINKING ESTABLISHMENT,NOT ABUTTING A RESIDENTIAL DISTRICT EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT ENTERTAINMENT ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL DISTRICT HEALTH AND FITNESS CENTER MEETING HALL PARKING, OFF-SITE DWELLING, MULTIFAMILY SUBDIVISION: SHOULD THE PARCELS. WHICH COMPRISE THE PROPERTY, BE COMBINED OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR COMBINED LOTS SHALL HAVE A LOT FRONTAGE ON FRANKLIN ROAD OF AT LEAST TEN (10) FEET. NO MORE THAN ONE (1) GROUND SIGN SHALL BE LOCATED ON EACH SUCH SUBDIVIDED OR COMBINED PARCEL. WONjV STREET 1 II I/ ■ "Pro g 1; 11010 i. o iiatii .2, 111R411 c. ti AgliElE \ 14 a LUMSDEN ASSOCIATES,P C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE,VIRGINIA »,«,E.1541.,..,., 1r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36925-122004. AN ORDINANCE to amend§36.1-3,Code of the City of Roanoke(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, III, 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 July 28,2004,The Branch Family,LW 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 Ordinance No.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 of right-of-way owned by Norfolk Southern Corporation,and a.30 acre portion of right-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 of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard,both for and against the proposed rezoning; and WHEREAS,this Council,after considering the aforesaid application,the recommendation made to the Council by the Planning Commission,the City's Comprehensive Plan,and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3,Code of the City of Roanoke(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 of right-of-way owned by Norfolk Southern Corporation,and a .30 acre portion of right-of-way owned by the Commonwealth of Virginia and designated on Sheet Nos. 115 and 127 of the Sectional 1976 Zone Map,City of Roanoke,as Official Tax Nos.1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109,be, and are hereby rezoned from C-2,General Commercial District, C-2,General Commercial District, with conditions, and LM, Light Manufacturing District, to 1NPUD, 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. Pursuant to the provisions of Section 12 of the City Charter,the second reading ofthis ordinance by title is hereby dispensed with. ATTEST p City Clerk. Uacxo-uwcps 122004 S b1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37875-082007. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended,by amending an INPUD plan presently binding upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, Danny L. Reamer has made application to the Council of the City of Roanoke, Virginia("City Council"), to amend an INPUD plan presently binding upon a tract of land located at 2219 Franklin Road, S.W., being designated as Official Tax No. 1150108, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36925-122004,adopted December20,2004; 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 August 20, 2007, 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 application; and 0-Beams,Danny L.mend prof conditions 9.20-07 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing,finds that the public necessity,convenience, general welfare and good zoning practice, require the amendment • of the INPUD plan applicable to the subject property, and is of the opinion that the INPUD plan now binding upon a tract of land located at 22I9 Franklin Road, S.W.,being designated as Official Tax No. 1150108, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers, subject to the INPUD plan as amended, in the application entitled, "Amendment of Proffered Conditions - Amended Application No. 2,"filed in the Office of the Department of Planning,Building and Development on July 3,2007. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and - the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD plan as requested in the application'entitled, "Amendment of Proffered Conditions —Amended Application No. 2," filed in the Office of the Department of Planning,Building and Development on July 3, 2007, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with proffers, subject to the INPUD plan as amended in the application entitled, "Amendment of Proffered Conditions — Amended Application No. 2,"filed in the Office of the Department of Planning,Building and Development on July 3, 2007. O42camet,Danny I.ammo pmrcomif ions 8-20.07 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ut6411‘d n nth.. City Clerk • • O-Bann,Danny L ama+d prof caditlm'840.07 • VICINITY MAP/ v\-' ��� /:,,� �� � _ �?> r, ZONING MAP EXCERPT 4� ,' 4*, ,,,, g , . w ,� 2° -Vir EXCERPT 3 :_ a Of t 'S r !? ��.a ' � v Ivy Market Parcels: f- SF0� ; :� r �2� ,� � �� 2� �:o� . t 1150102,1150104,1150106,1150108, ., Abe' a� `� ' r' 'o 4 1150109,1150112 and 1150113 se '`' �a �`'�� pp• f� ,Lt NO h° ■ r� fur 3 � s .cO `�= ' N. Ivy Market Site y ",�'' '�'> a� `I t `fig _ ` wil - 2 o� It Conditional Zoning ,,,f,-.4. -,;".,a7::,::, ` 2� `'fir, ' ' zoning a �x ' x� ' e . i rts per RA (Residential-Agriculture) R-12 (Res.Single-Family) �y1 , . ' �^ , R-7 (Res.Single-Family) ` s- 4 R-5 (Rea.Single-Family) - •\, 4$ , �' ,x, 0 ,.'_eat R-3 (Res.Single-Famiy) °�^ 89999 i •' A RM-t (Res.Maed Density) 09 af� sr 1 RM-2 (Res.Mixed Density) • 0 p'O� s a.,,.=. • • INPUD(c) .ca psi) . .. C" RMF (Res.Multi-Family) r;, CN (Commercial-Neigh) a o ,__ ' CO (Commercial-General) ���r 40-4. • , .,,,, C\ t.f NPU°D(c) 6 l • s _ „. ^ph„ oN CLS (Commercial-Large Site) ` t s _ ,tRS , P 11 (Light Industrial) ,- •4 v� a tp 5167- 1,• y 41.A I-2 (Heavy Industrial) b ;-4 r '4# It` Wig', �,4`e, •F 10� ,Silt N < , F - - •tai ,.; o t��.r P `no La D (Downtown) r. 1 ,.�- �Q•' p� o o ° - c'�)` t�Ty7 0.7 MX (Mixed Use) � INPUD(c) i � 4 N ° � �"r il "i i 7_504 1050228 ""' z - IN (Institutional) t 1M .a,.,,, ....__.f ROS (Rec&OpenSpece) t ,rte, ,4-.. a ,� ,f { '" "�► ....j }. : _ �°, AD (Airport Dev) �' *ty(r�at wY «, `� ? �� lr . "'i"` S yi 1 'o t o MXPUD (Mixed Use Planned Unit Dev) , . „ f' ,, � j- 'o ' i^' - m •� a. .a i, s " 1 fq. • W cn Olt N• . ,,,. INPUD (Institutional Planned Unit Dev) f r - p • . , o o N\tk1n '7,v. , IPUD (Industrial Planned Unit Dev) 4 ( ' a` C' ' r -0-c41 ' 1 �.. ` e III OF (Urban Flex) IN PULP i �°> t• � �� a - - N tk, , .,fir r `L°° x.,050259 �, is A„R ty� � o '�l, �.N • gROp°' -- Y`' (^' 0 50 100 Feet w �— r y� , A� n a' a au 4 'V1051�D0, ►• �° , 4 TAXID MailAddress MailCity MailState MaiIZip Ownerl 1050105 36 W CHURCH AVE ROANOKE VA 24011 VB LAND LLC 1050221 7231 LAMARRE DR NW ROANOKE VA 24019 LESTER MANAGEMENT GROUP LLC 1050222 7231 LAMARRE DR NW ROANOKE VA 24019 LESTER MANAGEMENT GROUP LLC 1050223 23 FRANKLIN RD SW ROANOKE VA 24011 WOLTZ JAMES L 1050228 1402 GRANDIN RD SW 5.ROANOKE VA 24015 LAND ACCOUNT LLC 1050252 114 26TH ST SE ROANOKE VA 24014 MURPHY JASON D 1050253 2327 BROADWAY AVE S ROANOKE VA 24014 IRAN VI BA&ROT THI 1050254 2341 WOODCLIFF RD ROANOKE VA 24014 BOLLING W CHAN&KAE N 1050255 2335 BROAD ST SW ROANOKE VA 24014 SCHOLZ HENRY 1050257 1010 2ND ST SW ROANOKE VA 24016 SMITH J WYSOR JR ^ 1050259 2424 OREGON AVE SW ROANOKE VA 24015 THE RONALD B DINGLER ESTATE TRUST v 1050259 2424 OREGON AVE SW ROANOKE VA 24015 THE RONALD B DINGLER ESTATE TRUST 1051809 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1150102 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150104 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150106 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150108 36 CHURCH AVE SW ROANOKE VA 24011 IW VIEW LLC 1150109 36 CHURCH AVE SW ROANOKE VA 24011 IW VIEW LLC 1150112 36 CHURCH AVE SW ROANOKE VA 24011 IW VIEW LLC 1150113 36 CHURCH AVE SW ROANOKE VA 24011 IW VIEW LLC 1150201 2326 FRANKLIN RD SW ROANOKE VA 24014 BOOTH K WAYNE &BEVERLY A 1150202 PO BOX 8103 ROANOKE VA 24014 CHASE MORGAN ASSOCIATES CORP 1150203 378 CALYPSO RD MONETA VA 24121 GARST SAMUEL M 1160109 1010 SECOND ST ROANOKE VA 24014 SMITH&ASSOCIATES LLC 9999999 110 FRANKLIN RD SE ROANOKE VA 24011 NORFOLK SOUTHERN RAILROAD ATiN: BILL 9999999 110 FRANKLIN RD SE ROANOKE VA 24011 NORFOLK SOUTHERN RAILROAD ATTN: BILL 1051808 2322 CAROLINA AVE VA ROANOKE VA 24014 PENC LLC 1051807 2410 BROAD WAY SW ROANOKE VA 24014 KATZ ALAN 1051806 2516 STANLEY AVE SE ROANOKE VA 24014 BONHOTEL RUPERT 8 1051805 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1051805 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1051801 5584 SALISBURY DR ROANOKE VA 24018 GKRR LLC 1271613 215 CHURCH AVE SW 2!ROANOKE VA 24015 COMMONWEALTH OF VIRGINIA 1271614 2604 WILDWOOD RD SALEM VA 24153 HOLLANDSWORTH DAVID G&MADDIE S 1271615 2604 WILDWOOD RD SALEM VA 24153 HOLLANDSWORTH DAVID G&MADDIE S 1271712 2135 LYNN AVE SW ROANOKE VA 24019 BLACKBURN CYNTHIA S 1271713 2131 LYNN AVE SW ROANOKE VA 24015 TICKLE RANDAL WAYNE 1272003 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272004 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272005 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272105 PO BOX 16428 COLUMBU!OH 43216-042 APPALACHIAN POWER COMPANY 1272105 PO BOX 16428 COLUMBU!OH 43216-042 APPALACHIAN POWER COMPANY 1272201 PO BOX 8224 ROANOKE VA 24014 N/A 1272202 PO BOX 8224 ROANOKE VA 24014 N/A 1160102 2502 FRANKLIN RD SW ROANOKE VA 24014 CAYTON HOWARD LESLIE 0 1150206 247 THOMPSON RD SE FLOYD VA 24091 GARRETT HARRY GERALD 1150205 378 CALYPSO RD MONETA VA 24121 GARST SAMUEL M 1150204 5065 WILLIAMSBURG C ROANOKE VA 24018 PAPLOMATAS MICHAEL J &ANGELA R 1272203 PO BOX 8224 ROANOKE VA 24014 N/A 1272204 PO BOX 8224 ROANOKE VA 24014 N/A 1272205 PO BOX 8224 ROANOKE VA 24014 N/A 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A& NANCY G 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272501 2580 BROADWAY AVE S ROANOKE VA 24014 TBC REALTY ASSOCIATES LLC 1272502 2580 BROADWAY AVE S ROANOKE VA 24014 TBC REALTY ASSOCIATES LLC 1272503 PO BOX 3071 SALEM VA 24153 COMMONWEALTH OF VA 1272504 213 S JEFFERSON ST ROANOKE VA 24011 CARILION CLINIC PROPERTIES LLC 1272504 213 S JEFFERSON ST ROANOKE VA 24011 CARILION CLINIC PROPERTIES LLC 1272505 PO BOX 1159 DEERFIELD IL 60015 COLE WG ROANOKE VA LLC 1280613 2525 FRANKLIN RD SW ROANOKE VA 24014-100'2525 FRANKLIN ROAD ASSOCIATES LLC 1280613 2525 FRANKLIN RD SW ROANOKE VA 24014-100 2525 FRANKLIN ROAD ASSOCIATES LLC 0 0 (LV1ITlv . i p� IIL; �. Ailr I Department of Planning,Building and Development ROA N O K E Room 166,Noel C.Taylor Municipal Building RECEIVED 215 Church Avenue,S.W. Roanoke,Virginia 24011 AUG 6 2014 I click-mere to Print Phone: (540)853-1730 Fax: (540)853-1230 Date: August 6,2014 SubA 128.18mbers F ' jg r I ' 1r, (1 : r - . .111d. ❑ Rezoning,Not Otherwise Listed 13 Amendment of Proffered Conditions ❑ Rezoning,Conditional U Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District I.,,t7 11 • 1,., ..i Address: 12207,2203,2309,2219,2239,0,and 2211 Franklin Road,S.W.Roanoke,VA 1 Official Tax No(s).: '11 sot 02,1150104,1150106,1150108,1150109,1150112,and 1150113 1 Existing Base Zoning. INPUD,Institutional Planned Unit Development With Conditions multiple zones,please manually enter all districts.) ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): 36925-122004 and 37875-082007 © With Conditions proposed Requested Zoning: INPUD,Institutional Planned L ❑ Without Conditions Land Use: SEE ATTACHED Name: 'ivy View,LLC,Attention: Mr.Ellis Gutshall,Manager Phone Number. I +1 (540)769-8500 Address: 36 Church Avenue,S.W.,Roanoke,VA 24011 ,+ 1 °, W E-Mail: IEGutshalltamyvalleybank.com IVY Prope y Owner's "•gna Name: Phone Number. I ' Address: E-Mad: Applicants Signature: '?:w_.. .ra' r ., . Name: Maryellen F.Goodlatte,Esq. Phone Number +11540)224-8000 Address: 'Glenn,Feldmann,et al,P.O.Box 2887,Roanoke,VA 24001-2887 E-Mail: Ingoodlatteogiennfeldmann cam Authorized Agents Signature. •T r"Y"#. Trio ,:s /+K•, M J r -1 w..— N>_(j ».. 1. i y''1 ^,.ryt-fpv,tl;44- • „31 :re ( �� �� �� �- il11" � / !� }:; f � I a. L AddP,, , , , 0 ,,, ,_ 1, ,,I , 111 ROANOKE r Completed application form and checklist. IT Written narrative explaining the reason for the request. F etes and bounds description,If applicable. Ir Filing fee. r Concept plan meeting the Application Requirements of item 2(c)'in Zoning Amendment Procedures. xii i,l 1 ;',1 '' i. r,,l l ' l , I I' . T A I 1 i .i, l , 11. i, F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of kern'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. 'I14'l ; lilti ',' .JI,. 1I , :m '11III , tf, i! U i II '_ ' ,. ' FII1 r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. 1 i I i 1_fiv;lI "I! _ Ib ",Ii ti , , F Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. is Li 1 r', i i` ! Ic il 'Il_ 'i it : , ,I. Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, IT if applicable. fr Written proffers to be amended. See the City's Guide to Proffered Conditions. 17 Copy of previously adopted Ordinance. fr Amended development plan meeting the requirements of Section 362-326 of the City's Zoning Ordinance. IT Copy of previously adopted Ordinance. . ,t ,,Ti .:fry „ l it J'. ,i- ( i i, Ii('..,: 'r,l .r'I 1 iii,, rl' .> , F Amended comprehensive signage plan meeting the requirements of Section 362-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. } .. t, , li'' i - I II t i ' lli ',-:P 11 ., ' 'c I .11; 1,('S. I (" Ll . ,1 6i ',I: t" .Alit „I F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. .) -'r 5 . IF } , I _ I I I. 1 .1-, , :zF..• r_ A-i I ����_ fn a L , � ✓ Cover sheet. F Traffic impact analyse. ✓ Concept plan. F Proffered conditions,if applicable. F Required fee. 'An electronic copy of this apphcation and checklist can be found at www.roanokeva.govipbd 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. GLENN FELDMANN MARYI I I I N I'. GOOD!Art I GLENN FELDMANN DARBYAGOODLAT Ihreu Ural(Sd111224 YniH fE I--m:ul IngtMIdlelle a glennteW{Iann corn August 6, 2014 RECEIVED HAND DELIVERED AUG 6 2014 Ms. Katherine Gray CITY OF ROANOKE PLANN NG BUILDING AND DEVELOPMENT Roanoke City Planning Department 215 Church Avenue, S.W. Noel C. "Taylor Municipal Building - Room 166 Roanoke, Virginia 24011 Re: 2207, 2203, 2309. 2219, 2239. 0, and 2211 Franklin Road. S.W., Roanoke, VA fax Map Nos. 1150102, 1150104. 1150106, 1150108, 1150109, 11501 12, and 1150113 Dear Katherine: Pursuant to Ixy Vies, LLC's request, we enclose the following for tiling: 1. An original Zoning Amendment Application and Application Checklist seeking to amend the proffers and INPUD Development Plan currently in place for the 4.2869 acre parcel located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W'.: 2. Applicant's written narrative; Existing conditions and proposed INPUD Development standards; 4. Amended INPUD Development Plan dated August 6, 2014, with amended proffers contained thereon; 5. Copies of Roanoke City Ordinance No. 36925-122004 dated December 20, 2004 and Ordinance No. 37875-082007 dated August 20, 2007, adopting the existing proffers and INPUD development plan on the property of which the 4.2869 acre parcel was a part: 6. 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; and 37 Campbell Avenue S.W. I P.O Box 2887(24001) I Roanoke,Virginia 24011 VA i1.540 224 8000 xx 540 224 8050 p www.glennfeldmann con, IT MERITAS' Ms. Katharine Gray August 6, 2014 Page 2 7. A check in the amount of$500.00 for the tiling Ices. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, Maryellen F. Goodlatte MIFG:Inn:4663008 l;nclosures c: Ivy View, LLC (w/ones.) Proposed Land Use: Financial Institution Office, General or Professional Business Service Establishment, not otherwise listed Medical Clinic Mixed Use Building Bakery, Confectionary,or Similar Food Production, Retail General Service Establishment, not otherwise listed Personal Service Establishment, not otherwise listed Pet Grooming Retail Sales Establishment,not otherwise listed Eating Establishment Eating and Drinking Establishment, not abutting a residential district Eating and Drinking Establishment,abutting a residential district Entertainment Establishment, abutting a residential district Entertainment Establishment, not abutting a residential district Health and Fitness Center Meeting Hall Parking, Off-Site Dwelling, Multifamily 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. In August 2007, those conditions were amended with respect to one of the twelve tracts (i.e. tax map parcel 1150108) to permit the erection of a temporary freestanding sign. In April 2014, the conditions were amended with respect to tax map parcel 1272504 to permit that parcel's change of use from a grocery store to medical clinic and related uses to facilitate the redevelopment of that parcel by Carillon Clinic. The 4.2869 acre parcel which is the subject of this zoning amendment application (and which consists of tax map parcels 1150102, 1150104, 1150106, 1150108, 1150109, 1150112 and 1150113) (collectively, the "Parcel") was part of the acreage included within the scope of the December 20, 2004 and August 20, 2007 rezoning ordinances. Except for tax map parcel 1272505 (the "Walgreen's Parcel"), the INPUD development plan adopted in the December, 2004 rezoning assumed the entire tract would be developed as a leasehold estate with retail, restaurant, office and mixed uses. The 2004 INPUD plan located significant parking structures on the Parcel (such as parking garages and underground parking) and, except for the Walgreen's Parcel, placed buildings on the Parcel without regard to subdivision requirements since a leasehold estate was the development model. The downturn of the economy, coupled with the departure of Ukrops in 2009, froze the development of the Parcel and caused a transfer of ownership to Ivy View, LLC, the applicant. During these years, the applicant completed the grading as well as the storm water infrastructure which serves the Parcel in order to ready the Parcel for development when economic conditions improved. With Carilion Clinic's recent purchase of tax parcel 1272504, as well as the groundwork laid by the applicant and its consultants since 2009, redevelopment of the Parcel is timely. It is clear that the 2004 INPUD plan proposed for the Parcel is no longer relevant or possible. Still relevant, however, is the need to develop the Parcel for commercial and mixed uses in an harmonious fashion while providing needed flexibility for the end users. Consequently, your applicant has filed this application in order to remove all the conditions currently attached to the Parcel and replace them with updated standards that will encourage such development. The INPUD Development Plan for the Parcel dated August 6, 2014 which is included with this application (the "1NPUD Plan") shows how the Parcel could be developed. The entrance on Franklin Road is the same as that shown on the 2004 plan. A reciprocal easement with Carillon Clinic (a copy of which is attached) also provides the Parcel access to the signalized intersection at Franklin Road as well as the Wonju Street entrance,which are located on the Carillon parcel. The INPUD Plan shows four buildings which are sized and placed in order to provide developmental symmetry, meet parking requirements, and meet subdivision requirements. Ultimately, the 7 separate tax parcels which comprise the Parcel must be combined and resubdivided in order to create up to 4 separate tax map parcels. The INPUD Plan provides that the conditions noted thereon will apply to the Parcel however it may be combined or subdivided in the future. h is expected that the first site to be developed will be a restaurant at the southwest corner of the Parcel by the signalized intersection with Franklin Road. While still pursuing its due diligence investigations, .1MH Real Estate, LLC is expected to purchase and develop that site as a Mellow Mushroom, a restaurant well-known for its style of upscale casual dining. Outdoor dining is expected to be included. 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. In analyzing the impacts of the changes in use from those proposed in 2004, 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 the proposed uses of the Parcel in 2004 against the updated use list, the analysis shows a slight reduction in the number of'anticipated trips. 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 after approval of the 2004 plan) remain unactivated until such time as the level of traffic justifies the activation of that signal. EXISTING CONDITIONS The applicant and owner, Ivy Vicw, LLC, hereby requests that all of the conditions enacted by Ordinance Nos. 36925-122004 and 37875-082007 (collectively, the "Ordinance") be repealed as they pertain to the 4.2869 acre parcel which is the subject of this application (being Official Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113). Those conditions are as follows: A. Proffered conditions set forth in the Fourth Amended Petition and incorporated in the Ordinance I. 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 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. 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 (I) 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 (I) 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(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 LUMINAIRES. 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 LUMINAIRES. 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 C. Proffered conditions set forth in the Amendment to Proffered Conditions - Amended Application No. 2 and incorporated in the Ordinance 4. One (1) freestanding sign shall be permitted on Official Tax No. 1150108 in accordance with Section 36.2-660 through 36.2-675, Zoning, of the Code of the City of Roanoke. Upon demolition of the existing building on the subject property, the freestanding sign shall be removed. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. 1NPUD DEVELOPMENT PLAN STANDARDS The applicant and owner, Ivy View, LLC, hereby requests that the development standards set forth on the INPUD Development Plan dated August 6, 2014 be imposed on the 4.2869 acre parcel: VEHICULAR ENTRANCES: TWO ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING CROSS-ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTING ENTRANCE 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 MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE CROSS-ACCESS EASEMENT. BUILDING DESIGN: THE DESIGN OF ANY BUILDING ON THE PROPERTY SHALL BE ARCHITECTURALLY COMPATIBLE THROUGH THE USE OF COMMON MATERIALS AND/OR STYLES WITH THE BUILDINGS ON TAX MAP PARCEL 1272505 AND 1272504. BUILDING HEIGHT SHALL NOT EXCEED FIFTY (50) FEET. BUILDING WALLS FACING FRANKLIN ROAD SHALL HAVE A MINIMUM TRANSPARENCY OR GLAZING OF 40% FOR THE GROUND FLOOR AND 25% FOR UPPER FLOORS. BUILDINGS LOCATED WITHIN 100 FEET OF FRANKLIN ROAD SHALL HAVE AN ENTRANCE VISIBLE FROM AND ORIENTED TOWARDS FRANKLIN ROAD AND SHALL PROVIDE PEDESTRIAN LINKAGE TO FRANKLIN ROAD. FOR ANY BUILDING WALL LONGER THAN 50 FEET, ARTICULATION SHALL BE PROVIDED TO AVOID THE APPEARANCE OF A BLANK WALL. SUCH ARTICULATION MAY INCLUDE CHANGES IN COLOR, MATERIALS, OR OFFSET TO BUILDING LINES. DUMPSTER ENCLOSURES SHALL BE CONSTRUCTED WITH BUILDING MATERIALS SIMILAR TO THOSE USED IN THE PRIMARY STRUCTURE IN TYPE AND COLOR. PROJECT SIGNAGE: A. FREESTANDING SIGNS (I) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE. TABLE 668-I, FOR THE"CG"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 FOUR (4) GROUND SIGNS SHALL BE LOCATED ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR ENTRANCES 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 LUMINAIRES. 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 LUMINAIRES. 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. ILLUMINATION LEVELS AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3 FOOT-CANDLES. [ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN] USES: THE PROPERTY SHALL BE USED ONLY FOR THE FOLLOWING LAND USES: FINANCIAL INSTITUTION OFFICE, GENERAL OR PROFESSIONAL BUSINESS SERVICE ESTABLISHMENT,NOT OTHERWISE LISTED MEDICAL CLINIC MIXED USE BUILDING BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL GENERAL SERVICE ESTABLISHMENT,NOT OTHERWISE LISTED PERSONAL SERVICE ESTABLISHMENT,NOT OTHERWISE LISTED PET GROOMING RETAIL SALES ESTABLISHMENT,NOT OTHERWISE LISTED EATING ESTABLISHMENT EATING AND DRINKING ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL DISTRICT EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT ENTERTAINMENT ESTABLISHMENT,NOT ABUTTING A RESIDENTIAL DISTRICT HEALTH AND FITNESS CENTER MEETING HALL PARKING, OFF-SITE DWELLING, MULTIFAMILY SUBDIVISION: SHOULD THE PARCELS, WHICH COMPRISE THE PROPERTY, BE COMBINED OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR COMBINED LOTS SHALL HAVE A LOT FRONTAGE ON FRANKLIN ROAD OF AT LEAST TEN (10) FEET. NO MORE THAN ONE (1) GROUND SIGN SHALL BE LOCATED ON EACH SUCH SUBDIVIDED OR COMBINED PARCEL. PRO I oxismimr`t / Q E | 1664•RAMBLE7O• AV.EN8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36925-122004. AN ORDINANCE to amend§36.1-3,Code of the City of Roanoke(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, III, 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 a portion 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 July 28,2004,The Branch Family,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 Ordinance No.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 by Norfolk Southern Corporation,and a.30 acre portion of right-of-way owned by the Commonwealth of Virginia, rezoned from C-2, General Commercial District, CC, 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 of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard,both for and against the proposed rezoning;and WHEREAS,this Council,after considering the aforesaid application,the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan,and the matters presented at the public hearing,is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3,Code of the City of Roanoke(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.3I acre portion ofright-of-way owned byNorfolk Southern Corporation,and a .30 acre portion of right-of-way owned by the Commonwealth of Virginia and designated on Sheet Nos. 115 and 127 of the Sectional 1976 Zone Map,City of Roanoke,as Official Tax Nos. 1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109,be, and are hereby 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 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. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST• p City Clerk. o• •tkoopsa2004 si:Six\<#1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2007. No. 37875-082007. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending an INPUD plan presently binding upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with.the second reading by title of this ordinance. WHEREAS, Danny L. Reamer has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend an INPUD plan presently binding upon a tract of land located at 2219 Franklin Road, S.W., being designated as Official Tax No. 1150108, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36925-122004, adopted 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 August 20, 2007, 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 application;and O-aama,Omny Lame,prof conditlau$40-07 • WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing,finds that the public necessity, convenience, general welfare and good zoning practice,require the amendment • of the INPUD plan applicable to the subject property, and is of the opinion that the INPUD plan now binding upon a tract of land located at 2219 Franklin Road,S.W.,being designated as Official Tax No. 1150108, should be amended as requested, and that such property be zoned INPUT), Institutional Planned Unit Development District, with proffers, subject to the 1NPUD plan as amended, in the application entitled, "Amendment of Proffered Conditions-Amended Application No. 2," filed in the Office of the Department of Planning,Building and Development on July 3,2007. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUT) plan as requested in the application'entitled, "Amendment of Proffered Conditions — Amended Application No. 2," filed in the Office of the Department of Planning,Building and Development on July 3, 2007, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with proffers, subject to the INPUT) plan as amended in the application entitled, "Amendment of Proffered Conditions — Amended Application No. 2,"filed in the Office of the Department of Planning,Building and Development on July 3,2007. O-aeamer,cAmy 4 mind prorcondioons 8-20.07 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: M.City Clerk ter~{�I • • • O•aeam,Denny L amend pia aanditam 8.20.07 TAXID MailAddress MailCity MailState MailZip Ownerl 1050105 36 W CHURCH AVE ROANOKE VA 24011 VB LAND LLC 1050221 7231 LAMARRE DR NW ROANOKE VA 24019 LESTER MANAGEMENT GROUP LLC 1050222 7231 LAMARRE DR NW ROANOKE VA 24019 LESTER MANAGEMENT GROUP LLC 1050223 23 FRANKLIN RD SW ROANOKE VA 24011 WOLTZ JAMES L 1050228 1402 GRANDIN RD SW 1 ROANOKE VA 24015 LAND ACCOUNT LLC 1050252 114 26TH ST SE ROANOKE VA 24014 MURPHY JASON D 1050253 2327 BROADWAY AVE S ROANOKE VA 24014 TRAN VI BA&ROT THI 1050254 2341 WOODCLIFF RD ROANOKE VA 24014 BOLLING W CHAN&KAE N 1050255 2335 BROAD ST SW ROANOKE VA 24014 SCHOLZ HENRY 1050257 1010 2ND ST SW ROANOKE VA 24016 SMITH J WYSOR JR 1050259 2424 OREGON AVE SW ROANOKE VA 24015 THE RONALD 8 DINGLER ESTATE TRUST 1050259 2424 OREGON AVE SW ROANOKE VA 24015 THE RONALD B DINGLER ESTATE TRUST 1051809 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1150102 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150104 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150106 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150108 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150109 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150112 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150113 36 CHURCH AVE SW ROANOKE VA 24011 IVY VIEW LLC 1150201 2326 FRANKLIN RD SW ROANOKE VA 24014 BOOTH K WAYNE&BEVERLY A 1150202 PO BOX 8103 ROANOKE VA 24014 CHASE MORGAN ASSOCIATES CORP 1150203 378 CALYPSO RD MONETA VA 24121 GARST SAMUEL M 1160109 1010 SECOND ST ROANOKE VA 24014 SMITH&ASSOCIATES LLC 9999999 110 FRANKLIN RD SE ROANOKE VA 24011 NORFOLK SOUTHERN RAILROAD ATTN: BILL 9999999 110 FRANKLIN RD SE ROANOKE VA 24011 NORFOLK SOUTHERN RAILROAD ATTN: BILL 1051808 2322 CAROLINA AVE SA ROANOKE VA 24014 PENC LLC 1051807 2410 BROAD WAY SW ROANOKE VA 24014 KATZ ALAN 1051806 2516 STANLEY AVE SE ROANOKE VA 24014 SONHOTEL RUPERT B 1051805 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1051805 PO BOX 20511 ROANOKE VA 24018 ARD PROPERTIES LLC 1051801 5584 SALISBURY DR ROANOKE VA 24018 GKRR LLC 1271613 215 CHURCH AVE SW 2!ROANOKE VA 24015 COMMONWEALTH OF VIRGINIA 1271614 2604 WILDWOOD RD SALEM VA 24153 HOLLANDSWORTH DAVID G&MADDIE$ 1271615 2604 WILDWOOD RD SALEM VA 24153 HOLLANDSWORTH DAVID 6&MADDIE S 1271712 2135 LYNN AVE SW ROANOKE VA 24019 BLACKBURN CYNTHIA S 1271713 2131 LYNN AVE SW ROANOKE VA 24015 TICKLE RANDAL WAYNE 1272003 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272004 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272005 215 CHURCH AVE SW 2!ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA 1272105 PO BOX 16428 COLUMBU!OH 43216-042;APPALACHIAN POWER COMPANY 1272105 PO BOX 16428 COLUMBU!OH 43216-042.APPALACHIAN POWER COMPANY. 1272201 PO BOX 8224 ROANOKE VA 24014 N/A 1272202 PO BOX 8224 ROANOKE VA 24014 N/A 1160102 2502 FRANKLIN RD SW ROANOKE VA 24014 CAYTON HOWARD LESLIE 1150206 247 THOMPSON RD SE FLOYD VA 24091 GARRETT HARRY GERALD 1150205 378 CALYPSO RD MONETA VA 24121 GARST SAMUEL M 1150204 5065 WILLIAMSBURG C ROANOKE VA 24018 PAPLOMATAS MICHAEL J&ANGELA R 1272203 PO BOX 8224 ROANOKE VA 24014 N/A 1272204 PO BOX 8224 ROANOKE VA 24014 N/A 1272205 PO BOX 8224 ROANOKE VA 24014 N/A 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272409 PO BOX 8224 ROANOKE VA 24014 DEARING RICHARD A&NANCY G 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272410 2024 WINSTON AVE SW ROANOKE VA 24014 HODGES CECIL E JR&AUDREY R 1272501 2580 BROADWAY AVE S ROANOKE VA 24014 TBC REALTY ASSOCIATES LLC 1272502 2580 BROADWAY AVE S ROANOKE VA 24014 TBC REALTY ASSOCIATES LLC 1272503 PO BOX 3071 SALEM VA 24153 COMMONWEALTH OF VA 1272504 213 S JEFFERSON ST ROANOKE VA 24011 CARILION CUNIC PROPERTIES LLC 1272504 213 5 JEFFERSON ST ROANOKE VA 24011 CARILION CLINK PROPERTIES LLC 1272505 PO BOX 1159 DEERFIELD IL 60015 COLE WG ROANOKE VA LLC 1280613 2525 FRANKLIN RD SW ROANOKE VA 24014-100 2525 FRANKLIN ROAD ASSOCIATES LLC 1280613 2525 FRANKLIN RD SW ROANOKE VA 24014.1002525 FRANKLIN ROAD ASSOCIATES LLC VICINITY MAP! ®r "' \\Ns -I•a ZONING MAP EXCERPT c' ��'' �v� �irL N Ivy Market Parcels: '�' ��o�o �a� � � ' 'es >aao r 1150102,1150104, 1150106,1150101, „ 4 '-'.1 a> `'a s • 1150109,1150112 and 1150113 �' y , a>a?oaaos °'' P,t� �A�O •oyo� 'Ivy Market Ske a� s �O� ��' Oo- a� as `�5 _ ConditlonalZoning a> aao X11 Zoning aag a RA (Residential-Agriculture) % 0 R-12 (Res.Single-Family) Nti�2A0 ^`O R-7 (Res.Single-Famly) sN OO R-5 (Res.Single-Family) 06 • • n �' 150101 R-3 (Res.Single-Family) �2P: g099.• 0• e • . • 1 RM-1 (Res.Mixed Density) c o • •� -' o RM-2 (Res.Mixed Density) . . • r ,4- rp , A• �Oy RMF (Rea.Multi-Family) �a>a�� e • ?4xxa,cj 4a� s'.e• �r t st - '�4.•CN (Commercial-Neigh) a o • • * - ; a, i " 9.ar a CG (Commercial-General) ��V s - �x - • f to?' y �150N0"y ';').° P�`. :.t•tr ® CLS (Commercial-Large Site) I ` "ti '�4 , � � '+ gO, ,3�• t1 ,i x • 1114 a 4' n d .. \^ °.j N5, - 1-1 (Light Industrial) e. v . .' J r 9 gtEp11E - 1-2 (Heavy Industrial) ` ' { ,,. reef it OO�O - .`�. :' Ate» •,� , rte'` jr(:‘,���.� ° • % ® D (Downtown) , a + ;i�r 'l °Y ° `�° -AL +s-- ' , '4,,, F tr'� EP O1L r E ) ' Ein fintarelt MX (Mixed Use) 4. c.�p5 OI o Y• va - o+ • '` & 1272504 ' � i+�s .E?•?^ ,`1h r w'= YN 110 ' >• - IN (Institutional) r f 5p2 8 w. - ROS (Rec 8 Open Space) p / s 0 , i; V, slim S AD (Airport Dev) x,.. ° o rn cam kt w x �? fsF Inc MXPUD (Mixed Use Planned Unit Dev) r rn o w o INPUD (Institutional Planned Unit Dev) ' * rt may° ON c o, o� e. ® IPUD (Industrial Planned Unit Dev) ` . ° ' ?' (a um `1 to+j;6 .:0 Feet w _,. , E S�j11 ��- -H 105»00 `�0 3�� 70 • • The Roanoke Times ! Account Number Roanoke,Virginia 6011439 Affidavit of Publication ( Data CITY OF ROANOKE-PDV 215 CHURCH AVE September 03,2074 ROOM 166 ROANOKE,VA 24011 Dale Category Description Ad Sae Total Celt 09/09/2014 Munlopal Notces PUBLIC HEARING NOTICE All public hearings advertised het 1 x 157 L 1,491,64 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke limes,a daily newspaper published in Roanoke,In the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 0E/27,09103/2014 The First insertion being given... 08/27/2914 4‘ _1,;1'-c,O Newspaper reference: 00000E8559 C?-,• ''o;`Q'&t/1-01. •Sworn to and subscribed before me this Wednesday,September 3,2014 1 t` 1 II Notary Pu C % :filing Re•Q -ntative State of Virginia City/County of Roanoke I ((��', ` My Commission expires I..7•,31-15 THIS IS NOT A SILL. PLEASE PAY FROM INVOICE. THANK YOU 0 PUBLIC HEARING NOTICE Ieei d k4 airs The competent dim MOW es lhe property rot art annum and peMi c nallwtl&ua bot does net speedy AI mbar hangs WealiSed hetn x'1 M density. T use of the poperty i1 help In de City Cou r�YS Cnrnks.bush,hos. mtbg aan establishment and rely I S Chinn vests.SW M.xokeeq,illy i des da0gshm el are mai�ae la renew in the apycatkn by 360 lost*.LLCM Wabash Mamlto,&Adim and Deieleatent tMtt, sign wenn district la twopesty bated at Rom M.its church Amin,5w,*moat 1570 Cowttsc Rosa l.L.berg 016011 Tie *gal. Son 301x316 currently toed Commercial tape Sde COM Me requested stn ovMay airy aCSal web a drab reaming err drat Me dog kw a?T atone tie sign ace) attrool ore to MOM contact a be t the went Haley ire kdkrsM muter m Me hero dead contact DengcoMUYctedadd My Uwetestllarlt Nmhn duildem and Development at 1540) mat may take flue Tenew rein wades welle at list bee dos prat a the kgre.eme signs and boar mourned schemed horrid signs,bon de IoW area DI star*AI not mete that dosed M sea ha the as The City ci Stook.nrWg Cnnrmspm bee Basic tea s m Sef terse ere s.MR et 'Veer gamed onfam y aaenct mi 134 pm,a at Soon as Ow Millen Ow be W� t Veer MO psfels std De and oily heard reconsider these a W 6adms: l th askctee)6i ire of h a Cew Coan OrdnanOrdnance.appheibon by In area.11.C.m real al moms eYlerd as flan of previous appaueot byROMSVaky S+unnidd,kc. *wings ono mend t eh Planed UM a avoid the stored uw*mamas/man Oe etet It elm ask pose to the Oweds to IM ban0 at 1130 2231.t ar acrd at 7207.aim,73.A 2211 IS20 to pert .. mew lax n, 373/0.and 3313 barren ROed S.W.bear 13me).k pert an rimed Msb%dbg WOOS Its Md 1150102. 1150106 3150(11 Wiry. use wordy rezoned k M 115010e'11Sal a 151111, and M5em eased dot Dt phyrnet fewer n f by301 'co adrolM tvcnaraqquu�rfiphl or epaid a draq Ne c dcWim 1412 by one Ordnance*W125.122054 and Ordarice tic DecDko U 0 lb 3 eat5eg n 3/015-42007.require*W M Oft billboard: rats e S 70th. The did tit t laoyede remit arhikelwd trnpM4IM of an tenmhd as 1. kP00 baict Irmo odlanA ot the silt Mee mMaryi e e lLandaF a Mae* f and t.9 esre sldtt toque poMrd c to end ay'/ � �' a Y°� ,ard pram of panels eSdrdtd a re coaled: ate'*tiaras dti.corm*al; an, regpe JAlMne d bulking harts tarn uampaatlm: m1gy. aprrttMY: ad Franklin Road m*erdit and kK/rWaIC 'iper4 mafagauar a One element.lead In Me ref'd me reel and T NM*unit pear,edeYtetes Ur ream b a'�o terms:: k [abeNS�reiropadeW planned bemmt The Nemsey u,* d the aeefw kxand AM arc It)heeoandag property hides and ntnisieereet tan on ductal Tu No 1150100 man the Cadae uwor,Arno story,Coy dmla Ce 41 MG OWmq CO the. Marrtrg Cemofrtot teat pNkmkg Her*tenemo m on maw rant rewire One• ores mm mead media ad rtada City Cara k m Kok steno lMe Uses Dore:mutt Vie height d teL P3 7%L oraD o�Shhe nor r ISa3y be restrict dconnea purer. Mt ad traete a heard rfre% . acrd DaXing 1h0^Mr e Nephinier&Moon howl;aoc,cier Dirk certain *Sr IDs Mdidrp dorm T for ear k 2.O PWiat Me Of 0te VOW OM she CtoM d garde bard of Coring Appal kw a anal rant Jrr,d.ce general re Won,Yd• k•st on s Ow ,i.10.a prlMdmb:dans soon alarm, iota,at std AM.a a son,t.1 Me matter as not°di k.), redid ethic:deed use may o imam aen ter Min appic'aOde �Oak�Mak e Sent, lea rat old MMeader!fry Ion.hem ore erpit ere remise"oh as c bid hated at 1614 My unify.M n dorm. rake d*red s rot sNemke Ib{d. Cord al Non fee a1D6 Item c4 net�0mSt MO Nks tataDWnerd,rot Cammwal Ca 1.her 1 a t tone tad of otherwise Istd eklatlflat o r e the Cly to Sear olio LI 1 tang,Code a rro er kr6 stay dotkg 6 she ury d doygan(SHl as tiatleQ to e to eneY Darde�appp a s resider!titan: seem In &r M Mfet. estaMNmem abet reap *burg a auargarnlhmY daMct. crate rem. of rid. a . lot iWgn edteat 3 and ear..hewn b bated at ITN take Oiled s.W, Nd,g tlig, and *OM teller bltr ReSM1 J5.19ei m Ono*,or ru elip r. MOM teed p drOre aadoamy kskpllon 5t. d t Ono* 4sm0Y rent d a nand dN Ore with«bon zora c eifate to Seta 36111t. restaaaN.ah4e�oMd orkag.ad seat.Cdr m2.abed breakfast ),as paMg Wage pamlO DY mmded.maemMaheO rd batsut ' Mbe D))pW etla 32261,adoptd Ip*lboi tied by 5. lMa Cotner foe Dy Clty Cold m Petewbe 20.2004.dal needy baled at D ared Arnim M. Weal/lee icon 110150120 31. adapted by beakg Dodo To Ma 1690116.send 0-5 Co at l Co oat Mao The berm ue RtlkaOY Snake wee data. Our a aaptda pe*led In do 1MPU0 CiSnCe erase from Section 161'317 and Sects. ,dlat fear*M. Ictamdadyn ad 167111 Zan*Code of the City of Rona* group d.rg. aaemcat lSrlb4 000 1159104 amended to Mow a mammy Si entertainment eak. aodremS tel rare d 15 leer in hest of MO required 42 fool community lankier baapatadat Melia: ,tsett MOM yam amuleah and aaesmry.with a ma:bam dray of own Mang oat Per la smut Candace Marta*C OM kaftan,CM Sort of Zoom appeals CamS91 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 Avenue, S.W., Roanoke, Virginia. 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 September 9, 2014, at 1:30 p.m., or as soon as the matters maybe heard, to consider these applications: Application by Ivy View, LLC, to repeal all conditions proffered as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113,respectively. The conditions proposed for repeal, adopted through enactment of Ordinance No. 36925-122004 and Ordinance No. 37875-082007, 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; require illumination levels for parking and drives to be eight foot candles or less, and allow one (1) freestanding sign on Official Tax No. 1150108 until the demolition of the building on the property while prohibiting electronic readerboards on same property; require three (3) new entrances with a divider median and restricted traffic flows; restrict the height of buildings; restrict the number, size, and location of freestanding signs, ground signs, electronic readerboards, and building signs; require certain parking lot lighting design. The application is to permit use of the properties for a financial institution; office, general or professional; business service establishment, not otherwise listed; medical clinic; mixed use building; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; personal service establishment, not otherwise listed; pet grooming; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; entertainment establishment, abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center; meeting hall; parking, off-site; dwelling, multifamily instead of a mixed use facility with retail, restaurant, office, underground parking, CITY OF ROANOKE ,aret OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 y w Roanoke,Virginia 24011-1536 A. Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(ioroanokeva.gov EPFIANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk September 10, 2014 ceceuAT.WERe,CMC Assistant City Clerk Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby & Goodlatte P.O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: 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, September 15, 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 the request of Ivy View, LLC, to repeal all proffers as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S. W., conditions proposed for repeal, adopted through enactment of Ordinance No. 36925-122004 and Ordinance No. 37875-082007. The City Planning Commission at its meeting held on Tuesday, September 9, 2014, on a 5-0 vote, approved the request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853- 1730. Lastly, it will be necessary for you, or your representative, to be present at the September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, WIA-44)1111 dRStephanie M. Mo eyno MMC City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 ,am rst: I elephone: (5411)853-2541 Ens: (540)853-1145 E-mail: clerk(n roanokeva.gov S I'EPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 10, 2014 To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, September 15, 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 the request of Ivy View, LLC, to repeal all proffers as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S. W., conditions proposed for repeal, adopted through enactment of Ordinance No. 36925-122004 and Ordinance No. 37875-082007. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, StephanieM.tMoo yno , MMC City Clerk SMM:ctw Adjoining Property Owners September 10, 2014 Page 2 pc: VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011 Lester Management Group, LLC, 7231 Lamarre Drive, N. W., Roanoke, Virginia 24019 James Woltz, 23 Franklin Road, S. W., Roanoke, Virginia 24011 Land Account, LLC, 1402 Grandin Road, S. W., Roanoke, Virginia 24015 Jason Murphy, 114 26th Street, S. E., Roanoke, Virginia 24014 Vi Ba and Rot Thi Tran, 2327 Broadway Avenue, S. E., Roanoke, Virginia 24014 Chan and Kae Bolling, 2341 Woodcliffe Road, S. W., Roanoke, Virginia 24014 Henry Sholz, 2335 Broad Street, S. W., Roanoke, Virginia 24014 Ronald B. Dingier Estate Trust, 2424 Oregon Avenue, S. W., Roanoke, Virginia 24015 ARD Properties, LLC, P. O. Box 20511, Roanoke, Virginia 24018 Ivy View, LLC, 36 Church Avenue, S. W., Roanoke, Virginia 24011 Wayne and Beverly Booth, 2326 Franklin Road, S. W., Roanoke, Virginia 24014 Chase Morgan Associates Corporation, P. O. Box 8103, Roanoke, Virginia 24014 Samuel Garst, 378 Calypso Road, Moneta, Virginia 24121 Smith and Associates, LLC, 1010 2nd Street, S .W., Roanoke, Virginia 24016 Norfolk Southern Railroad, Attention: Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 PENC, LLC, 2322 Carolina Avenue, S. W., Roanoke, Virginia 24014 Alan Katz, 2410 Broadway Avenue, S. W., Roanoke, Virginia 24014 Rupert Bonhotel, 2516 Stanley Avenue, S. E., Roanoke, Virginia 24014 GKRR, LLC, 5584 Salisbury Drive, Roanoke, Virginia 24018 David and Maddie Hollandsworth, 2604 Wildwood Road, Salem, Virginia 24153 Cynthia Blackburn, 2135 Lynn Avenue, S. W., Roanoke, Virginia 24015 Randal Tickle, 2131 Lynn Avenue, S. W., Roanoke, Virginia 24015 Appalachian Power Company, P. O. Box 16428, Columbus, Ohio, 43216 Howard Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014 Harry Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091 Michael and Angela Paplomatas, 5065 Williamsburg Court, Roanoke, Virginia 24018 Richard and Nancy Dearing, P. O. Box 8224, Roanoke, Virginia 24014 Cecil and Audrey Hodges, 2024 Winston Avenue, S. W., Roanoke, Virginia 24014 TBC Realty Associates, LLC, 2580 Broadway Avenue, S. E., Roanoke, Virginia 24014 Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153 Carilion Clinic Properties, LLC, 213 S. Jefferson Street, S. W., Roanoke, Virginia 24011 WG Cole Roanoke Virginia, LLC, P. O. Box 1159, Deerfield, Illinois 60015 2525 Franklin Road Associates, LLC, 2525 Franklin Road, S. W., Roanoke, Virginia 24014 ` l« CITY OF ROANOKE OFFICE OF THE CITY CLERK x 1 - 215 Church Avenue, S.W.,Suite 456 v Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk September 18, 2014 CECELIA T.WEBB,CMC p Assistant City Clerk Sean Home Balzer & Associates, Inc. 1208 Corporate Circle, S. W. Roanoke, Virginia 24018 Dear Mr. Home: I am enclosing copy of Ordinance No. 40063-091514 establishing property located at 1530 Courtland Road, N. E., as a Comprehensive Sign Overlay District zoned CLS, Commercial-Large Site, with conditions, such district initially allowing signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations, as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon R nolds, MMC City Clerk Enclosure pc: Doug Pridgen, 360 Toyota, LLC, 3600 Lonas Parkway, Midlothian, Virginia 23112 Jerelean P. Coles and Trustee Lenora Gaither, 4 Shaughanassee Court, Hampton, Virginia 23666 Richard N. Ross, 1715 Carroll Avenue, N. W., Roanoke, Virginia 24017 James K. Bowers, Jr., et als., 145 Mallard Road, New Castle, Virginia 19720 RYT, LLC, 210 Carver Avenue, N. W., Roanoke, Virginia 24012 Roger D. Roberts, 3590 Casey Road, Salem, Virginia 24153 TLC Properties, Inc., 1545 Patrick Road, N. E., Roanoke, Virginia 24012 Arthur C. Edwards, 3017 Ordway Drive, N. W., Apt. H, Roanoke, Virginia 24017 Sean Home Balzer & Associates, Inc. September 18, 2014 Page 2 pc: Blue Eagle CM, LLC, 1502 Williamson Road, N. E., Roanoke, Virginia 24012 Farrell Properties Limited Company, P. 0. Box 12608, Roanoke, Virginia 24027 Southeastern Building Corporation, 900 Ridgefield Drive, Raleigh, North Carolina 27609 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan A. Lower, Director, Real Estate Valuation Philip Schrimer, City Engineer Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40063-091514. 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 establish a Comprehensive Sign Overlay District at 1530 Courtland Road,N.E.;and dispensing with the second reading of this Ordinance by title. WHEREAS, 360 Toyota, LLC, has made application with the Council of the City of Roanoke, Virginia ("City Council"), to establish a Comprehensive Sign Overlay District on the hereinafter described property within the City,zoned CLS,Commercial-Large Site,with conditions; 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 September 15, 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 establishment of the comprehensive sign overlay district; 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 that the hereinafter described property located at 1530 Courtland Road, N.E.,being more specifically identified as Official Tax Map No. 3070316,should be designated as a Comprehensive Sign Overlay District, as herein provided, and finds that such district meets the standards set forth in §36.2-336,Code of the City of Roanoke(1979), as amended,and will serve the public purposes and objectives set forth in §36.2-660 of the Code of the City of Roanoke(1979), as amended, at least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. §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. 3070316,located at 1 530 Courtland Road,N.E.,be, and is hereby established as a Comprehensive Sign Overlay District zoned CLS,Commercial-Large Site,with conditions,such district initially allowing signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations,as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 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. ATTEST: City Clerk.L-- 2 ,ay — arc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Application by 360 Toyota, LLC, to establish a sign overlay district for property located at 1 530 Courtland Road, N.E., bearing Official Tax No. 3070316, currently zoned Commercial Large Site (CLS). Recommendation The Planning Commission held a public hearing on Tuesday, September 09, 2014. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding Amended Application No. 1 is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the subject property will be redeveloped for an active use appropriate to the surrounding area. Application Information Request: Establishment of Comprehensive Sign Overlay District Owner: Doug Pridgen, 360 Toyota, LLC Applicant: N/A Authorized Agent: Sean Horne, Balzer & Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1 530 Courtland Road, N.E. Official Tax Nos.: 3070316 Site Area: 17.235 acres Existing Zoning: CLS, Commercial - Large Site Proposed Zoning: CLS, Commercial - Large Site Existing Land Use: Vacant Proposed Land Use: Motor Vehicle Sales & Service (New & Used) Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Large scale commercial use Filing Date: Original Application: August 07, 2014 Amended Application No.1 : August 28, 2014 Background In 2003, multiple properties that were combined to create 1 530 Courtland Road NE and a portion of the City of Roanoke Public Works facility were rezoned from C-2, General Commercial and LM, Light Manufacturing, to D (c), Downtown with conditions, in anticipation of a portion of the new amphitheater/stadium being built on the site. Plans to build the amphitheater/stadium were not pursued and the property remained vacant. A portion of the Public Works facility—containing fueling stations, underground storage tanks, wash house, and vehicle storage areas—that were to be relocated for the amphitheater project were rezoned from D, Downtown, to I-1 in 201 2. A vacant portion of that property is included in the current rezoning proposal. In 2013, Toyota 360, L.L.C. rezoned and amended proffered conditions for 1 530 Courtland Road, NE, Official Tax No. 3070316, and a portion of 1684 Court land Road, NE, Official Tax No. 3070322. The rezoning to CLS and proffer amendment allowed the use of a motor vehicle sales & service (new & used) including body repair and painting. In August of 2014, Toyota 360, LLC filed an application to establish a comprehensive sign overlay district for 1 530 Court land Road, NE. The overlay district would permit the applicant to tailor sign location to the unusual shape of the parcel in a manner not permitted in the CLS district. The parcel has irregular frontage and limited visibility from nearby arterial streets. In August of 2014, the applicant filed an amended application clarifying information on the plan and future proposed signage. Comprehensive Sign Overlay The comprehensive sign overlay, including site plan, chart, and elevations, in Amended Application No. 1 is binding on signage for the site. All signage must be in substantial conformance with the overlay information and other applicable standards of the zoning district. Considerations The property is a uniquely shaped property that although large in area has a limited area in which to display signage that is visible to the public on major transportation routes per the regulations in the zoning ordinance for the CLS district. A sign overlay district must meet the public purposes and objectives listed in 36.2-660 at least as well as signage built per requirements in the existing zoning district. The proposed overlay district was evaluated on those purposes and objectives, including but not limited to the manner in which the scale, numbers, sizes, and materials of publically visible signage create a quality, orderly, and harmonious development. 2 Surrounding Zoning and Land Use: Zoning District Land Use North 1-1 , Light Industrial District Government offices or other government facilities, not otherwise listed South D, Downtown District and Vacant; Motor vehicle repair or service CG, Commercial-General establishment; Hotel or motel; Eating District establishment East CLS, Commercial-Large Site Government offices or other government District facilities, not otherwise listed; Parking And CG, Commercial-General lot, Building supplies and materials, District retail; Animal hospital or veterinary clinic West RM-1 , Residential Mixed Interstate 581 Density District Compliance with the Zoning Ordinance: The purpose of the Comprehensive Sign Overlay District is to provide the opportunity for innovative comprehensive signage plans for developments which contain a number of constraints to conventional sign placement and allocation regulation while at the same time protecting the public health, safety, and welfare as set forth in signs section of the Zoning Ordinance. In a Comprehensive Sign Overlay District the following items must be provided: a written plan detailing the type, quantity, size, shape, color, material, and location of all signs; a summary of how the proposed district will serve the objectives of the sign regulations; an illustration of each sign face within the proposal, illustration of proposed landscaping, and illustration of proposed lighting for illuminated signs. The proposed development plan displays the required information through graphics and text. Per the zoning ordinance, multiple standards must be met to establish sign overlay district: certain zoning district designation, a minimum district size of five acres, compatibility with the buildings and site design, overall combined sign area for freestanding and building mounted signs of the zoning district sign regulations, and the height limits of the applicable zoning district. The proposed sign overlay district meets these standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Williamson Road Area Plan recognize that signage play an important role in the community and that it should communicate to the public in an attractive and appropriate way without creating visual clutter and excessive lighting. Relevant policies and action items in the comprehensive plan include: 3 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. ED A26. Identify underutilized commercial sites and promote revitalization. City Design: Regional commercial centers Regional commercial centers are intended to serve as retail centers that draw customers from the City and the region. These centers are typically located along arterial roads or interstate highways. They are characterized by large sites with deep setbacks and large expanses of parking. Land uses often include big-box retail stores, shopping malls, national chain restaurants, and entertainment attractions. • Parking lots should have multiple vehicular entrances that are clearly marked and attractively landscaped. Parking lots should have trees located in the interior of the site and along street frontages. (p.92) • Visual clutter and excessive lighting should be discouraged. Signs should be clustered and attractively designed. (p.92) The Williamson Road Area Plan recognizes the need for the redevelopment of commercial sites in the Williamson Road Corridor area. The site is part of a larger regional center focused on automobile dealerships. Signage is an important part of individual dealership recognition due to dealership buildings location onsite being secondary to their display of vehicles. Relevant policies and action items in the neighborhood plan include: Economic Development: Signs: Sign clutter will be reduced by encouraging signs to be located on buildings rather than on freestanding structures. Where freestanding signs are used, they will be limited to appropriate heights and sizes. Transportation Policies: Landscaping along 1-581 - some segments of this highway have vegetation that buffers adjoining land uses from noise and visual impacts. However, there are some sections where there is little or no landscaping. Both sides of the interstate have a 50-60' strip between the shoulder and the right- of-way line. These areas should be densely planted and allowed to become wooded to provide a vegetative buffer and reduce maintenance requirements. Open areas within exit/entrance ramps could also be 4 landscaped, wooded, or converted to wetlands where they serve a storm drainage function. In 201 3, City Council approved a conditional rezoning to Commercial Large Site District for the subject property with multiple phases that initially proposed a 50,000sf motor vehicle sales and service establishment with associated site improvements. The new site helped to strengthen a regional center for automobile dealerships that already existed in the area. Regional centers draw customers from a large area who may not know the area; therefore, good signage is critical to directing the public to the sites. The proposed sign overlay district does not change the overall sign area or height, but simply seeks to change the location of some of the signs to a regionally visible area of the irregularly shaped and geographically isolated property. The freestanding signage proposed is directional signage located at an intersection on Courtland, main entry signage located at the entrance on Courtland, and identification signage located along 1-581 . The building mounted signage is located on building facades facing Carver and 1-581 . Future signage is indicated on the plan, but cannot be fully approved as part of this process as compatibility with the site and building to be developed in the future is unknown. Approval of the application would vest the applicant in the location, height and size of the signs but an amendment of the sign overlay district to include details of the future signage would be required. The future signs could not be constructed until all of the necessary information is complete and an amended sign overlay is reviewed by the Planning Commission and approved by City Council as noted on the plans. The principal consideration is whether the proposed comprehensive sign overlay district is consistent with Vision 2001-2020 and the Williamson Road Area Plan. The signage proposed in the overlay district is compatible with the building and site design currently under construction. The scale, numbers, sizes of signage are so located to create a quality, orderly, and harmonious development that does not create clutter. The landscaping along this entrance ramp section of 1-581 mentioned in the plan is less critical in this area than in those areas adjoining residential neighborhoods. The proposed sign areas are within the height and size limitations permitted in the CLS zoning district, but move some sign locations to accommodate the unusual lot. Staff finds that the comprehensive sign overlay district, as proposed, is consistent with these plans as it permits signage in forms that are appropriate to the particular property and surrounding area. Public Comment Summary None. 5 Planning Commission Work Session (August 20, 2014): Remove sign 8, 9, 10, and 11 from the Comprehensive Sign Overlay District Plan. Applicant Response to Staff, Public, and Planning Commission Comments The applicant submitted an amended application addressing staff and Planning Commission comments. X62,749L- kairki/Si Lora Katz, Temporary Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Doug Pridgen, 360 Toyota, LLC Sean Horne, Balzer & Associates, Inc. 6 Zoning Amendment ,gir Applicati° c�ivo a Department of Planning,Building and Development ROA N O K E Room 166,Noel C.Taylor Municipal Building AUG 2 8 2014 215 Church Avenue,S.W. cm of Aorwolce Roanoke,Virginia 24011 PLANNING BUILDING a Click Here to Print Phone: (540)853-1730 Fax (540)853-1230 DEVELOPMENT Date: I8-272014 Submittal Number Amended Application No.1 est.(nnIRS,t ali that anoiy) ❑Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District El Establishment of Comprehensive Sign Overlay District P LOyorrty Information; Address: 1530 Courtland Road,N.E. Official Tax No(s).: [3070316 Existing Base Zoning: © With Conditions (If multiple zones,please manually enteral districts.) Commercial-Large Site ❑ Without Conddions Ordinance No(s).for Existing Conditions(If applicable): 39763-091613 Kt With Conditions Proposed Requested Zoning: CLS,Commercial-Large Site ❑ Cardfiorrs Land : Comprehensive Sign Overlay District Without.Pronfty Owner ntennation• Name: 1360 Toyota,LLC I Phone Number f +1(180)432-0905 . Address: [36 r : Lona P• • ay Mldlo Ian,VA 23112 1 E-Mail: IjdpridgenJegmalLcom P�•... a user : gnature: Applfoaat Information jIf dIlferent_(ro)f1.owngr3e Name: Phone Number Address: E-Mal: Applicant's Signature: _ Autir4dfJsld.Agent Information (i appIlnble Name: [Balzer&Associates,Inc. Phone Number: I +1(540)772-9580 Address: 1208 Corporate Circle Roanoke,VA 24018 _I E-Mail: I&rewta8aizer.cc Authorized Agent's Signature: HALEY TOYOTA COMPREHENSIVE SIGN OVERLAY DISTRICT Tax Parcel: 3070316 Site Address: 1530 Court land Road NE Roanoke, VA 24012 B&A PROJECT #R1300046.00 DATE: August 27, 2014 bALIKEP AND ASSOCIATE'. INC NW REFLECTING TOMORROW PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke. Virginia 24018 Phone(540) 772-9580 NARRATIVE: The purpose of this request is to establish a sign overlay district for Tax Parcel 3070316 currently zoned Commercial Large Site(CLS). The requested sign overlay district will allow for a comprehensive sign plan for the current I lalcy Toyota Dealership being constructed and any future development that may take place. The parcels are currently owned by 360 Toyota LLC and the property was purchased from the City of Roanoke in April of 2014. 1 he proposed sign overlay district will provide an opportunity for general sign conformance and unity on-site while maintaining visibility to the site and maintaining the goals and objectives set forth in Section 36.2-660 of the Roanoke City Zoning Ordinance. Because the subject parcel is positioned in a unique location, and has a unique configuration, signagc is extremely important. A large portion of the developable area of the property has no road frontage and has limited %isibility, so providing signagc in strategic locations is paramount to the succes..of the development. The proposed signagc will not exceed the amount allowed by right in the CLS district. The proposed Haley Toyota signage provides attractive, high-quality brand recognition, and directional signage to guide users to the dealership. The proposed signage locations have been indicated on the signage masterplan indicated as Exhibit A. The proposed signagc provided by the Pattison Sign Group meets Toyota logo and branding standards. All of the signs proposed will be new with the exception of the I laley Toyota Monument sign which will be relocated from their former location on Franklin Road. Any site signage fir future development (Signs 8-11) will confirm to the same general scale and quality being proposed for the Haley Toyota dealership. It shall he noted that once a future user is identified, an amendment will he provided for the subject sign overlay district (Signs 8-11)to provide additional details regarding the proposed signage. One overall goal of the Vision 2001-2020 Comprehensive Plan is to make Roanoke an attractive place. Because the proposed Sign Overlay District will assure the construction and installation of attractive, well designed signagc H ithin the development, it is consistent with the stated goal of the Comprehensive Plan to "require a strong commitment to excellence in community design and appearance". SIGNAGE SUMMARY: FREE STANDING SIGN AREA ALLOWANCE: COURTLAND ROAD: 550 LF CARVER AVENUE: 549 LF TOTAL LF= 1,099 LF (Freestanding Sign Allowance 1 x,f.per if of lot.frontage) TOTAL FREE STANDING. SIGN AREA ALLOWED=600 S.F. (150 S.F. I'ER SIGN 4 SIGNS MAX ALLOWED) PROPOSED FREE STANDING SIGNAGE: 5-- 9 s.f. (Haley) 6- 15 s.f. 9 s.f. + 10 s.f: 34 s.f. (Haley) 7-Approx. 75 s.f. (I lalcy) 8 - Estimated 75 s.f. (Future Development) 10 Estimated 150 s.f. (Future Development) 11 Estimated 100 s.f. (Future Development) TOTAL FREE STANDING SIGNAGE PROPOSED: Estimated 443 s.t. *Note: 'Total will he dependent on future development BUILDING MOUNTED SIGN AREA ALLOWANCE: PROPOSED HALEY BUILDING FACE: 443'x133' TOTAL LF= 1,152 LF (Building Mourned Sign Allowance 32 s../.'plus 1 sf per if of building face) TOTAL BUILDING MOUNTED SIGN AREA ALLOWED= 1,152 S.F. PROPOSED BUILDING MOUNTED SIGNAGE: 1 63 s.f. (I lalcy) 2 - 12 s.f. (Haley) . 3- 17 s.E (Haley) 4- 19 s.f. (Haley) 9 Estimated 150 s.f. (Future Development) TOTAL BUILDING MOUNTED SIGNAGE PROPOSED: Estimated 261 s.f: *Note: Total will be dependent on future development Total area of signage will not exceed that allowed by right in the CLS district. MAXIMUM ALLOWABLE 1,752 S.F. FOR SITE SIGNAGE CHART: SIGN - SIGN SIGNAGE LIGHTING I YPI I MAX F11----4A)CSIGT■I # 1.D. TYPE FREESTANDING AREA 1IEIGIIT 1 SL72 BUILDING INTERNAL N/A - Buildin' 100 s.f. 2 PDNN21 BUILDING EX7'ERNAI N/A - Buildin ' 50 s.f: 3 SBLI5 BUILDING INTI RNAI N/A - Buildin' 50 s.f. 4 S115 BUILDING INTf RNAI N/A - Buildin 50 s.f. 5 D45-2 SITE INTERNAL 8' 50 s.f. 6 814SC SITE INTERNAL/EX I 1 RNAL 10' 100 s.f. 7 1024SC SITE INTLRNAI 25' 150 s.f. _ 8* • FUTURE TBD 10' 100 s.f:. SITE 9* FUTURE TI3D N/A - Building 150 s.f: BUILDINGS 10* FUTURE TBD 25' 150 s.l. SITE 11* FUTURE Tap — 10' 100 s.f. j SITE (*) Signs 8, 9, 10, and 11 arc for a future dealership on-site. Once specifics arc identified for the subject signs an amendment request will be provided to the Sign Overlay District for this site to review the conlbrmance of the proposed signs associated with the future dealership. 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L-,Z I. — 4 ZL75 11 9 1 S Z Z 0 Ot/ZOT4 LOZ wioug014'3N Pa PueOrno0 MI"91SZZ-m LP-22576,1884 Court/and Rd NE.Roanoke_VA. 2014/02/1a L D-2 2 5 7 6 0 PDNN21 I 6''5" ELEVATION HALEY Inslallanon Interior w.E.ter or r QS 11• 11.23 SO/FT ALIGN TO RIGHT SIDE OF RED BAND 1 I ; H I� 111 1.1 Ei3 111 - 1 o" 1 145'-4" T M • .�■.y. .110.a......�-i .5' ,. 1 , IIM11111•••••1111 H -I J ENSEIGNES Om: ) f PATTISON Customs Apgoy.l 0.,�1 ®' I SIGN GROUP TY me 775360{4u(0771 m-1 ru Ism h..1 ineeet•1706 LJ — =� Client 01r•TA A S7 Cons,1;ant .11 ; —.-- .�.._-..ter Draftsman_,�.!il•::?4M_.;1 7�lsl11 Dale MEM '......._` Pa•a 210 Scale 1 -1 I f1-77876 1664 C,1,uNansLRd_fE Roanoke.VA 2014/02/18 L D—22576 © SBL15 ELEVATION 13'-2 518" .. r In5[,all.i�ion •In'n.[or a f.r.briar iI 13'-2 WV i IJ 19? .'7 16.52 SQ. FT. 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Client- -Yi•]L•SLI?b3I''F S la 11=11M111 .:V',_q:i - Cnrbflnd E nturp s .www.psttisonsipn.com Draftsman Scar P_4PSif 1:_1141D16 �...�... Pa - r Scale 1!76.=7.-0. LD-22576.1684 Court land Rs1 NE RoanokR.VA 2014/07114 L D-2 2 5 7 fi © D45-2 ELEVATION Ins Iallatnon Interior Mari. . 10 3/16" I a1 H r---1 a, Sales � 2..0. ; 51 Service it. IE r — 5'-0" D45-2 Opposite Side 2'-7" 1i 5" . i D45-2 i 1a- 2 Line Message ENSEIGNES Data T—'— f PATTISON CustomirAppruval �_,�-=�1-- 1. v � SIGN GROUP -hl MR 7 5501 in lt7Tl 7174751 W has 140114 414718 - ' Chen) t(TrLrM.�. 4-7441. . �._._� ..�......-74 _ S■te (:T71 COnsuttant ;o 'w1 •.('T -" d tntarp4y _,�„_,-,��,-,-�- ',k www.pnttisonsien.com Draftsman _I IO its.Date ._....-...._._�,._--,._....-. Pa.e It al Scab I7 1- LD-22576 Q814SC ELEVATION Instatla loan If:error y Es tenor -- -1'-2 1t4" I 10 i,.'4" EQUAL 8 - ) EQUAL , 14.5 SQ. FT. _. -' Toy-4) (a.t4otx) Al. I 1 (0.4297x) 1 6 11 JOVOTA : . .35 I i [ Ifi33:4" 8.76 SQ. FT. / I 7 I i k I 'Ili I f 9.77 SQ. FL — 1 il _ (Scion-4 ) 9 -v-e^i' i i'-10" - 2'-8 1/2" ENSeiGNESS Diti: f_/ PATT/r V ON ` �f �= SIGN GROUP 1w nUif 77.55CI far(t771 7174114 TM F,5 1.110.5$1.me ! Consultant._ r Draftsman (!:! 7:fXy/L x1 Date r...--__ _ .--_.-- ----_..—..--- _ Page jj ScaJo IAEIIIIIIIIIIIIII 1,1-22,176.7684,,...... Rd N Roanoke VA 2 ,221IA LD-22576 0 RELOCATE EXISTING 1024SC ELEVATION Instal anon ■-,te=,o- •±t.torior #a ., . \V r. 1 �' ta. .,,., , , I _,1 A�i ) r: ...so. • r,. __.r—w_ I s Are f ti ENSEIGNES / PA7TISON CUUOMd Approval. a.,6,_. _ `-` SIGN GROUP • 7,115011723-33111 is 11T7�717 1711 TN Poe I•MFSLI.1711 �.. _ Cltent • • 153 __— — — — - _ _—_�T-- Consullan: I LUC DUGIJAY ,.�_.�_._--«..._�� Draftsman ANORE 1.411. Date _.... "�— Page X11 Scale ( m= °--INIMEN■rMEIM11.....--°--,mow=mum,mom m s•am mo.rmaloa...,momm■.. aar■ _— 1 ' f 1 env Ai= • ,�.., I I i I —--— I __ -- _ =-..� 1 1 m I: ;Pill©. WAYNE STREET,N.E..50'R.O.W. s I I III 11oz4sc)f Q _ •a'©(se—� --- _m III r — .~ 0(BUS) I �. :�.,� PROPOSED HALEY TOYOTA BUILDING I r ,r..r.,k• I! f p 2 (PDNN21) I' '�� I im..w wr z.o j 1 f � ' No-��o III ?. _ . 0. Il/ /I / __,.� 1 .fiI • 11 r r1.O1 I- ;�1 I n lr I t II ; L �L Ire O k IGNAGE04 ` } .. 1 (81450 Q, ' z II likrill ^iF I I 1 1 �� x > N W - 1 ,1 ` �; /�p� > 1 w ¢m r j• I �. (FUTURE SIONAGE)V C1 it ti I ()(FUTURE SIONAOE) , I - •\ II POSSIBLE FUTURE f / o " BUILDING LOCATION _ "— •� \ -- - - /_ I, I rA°' UaI rHr f I F- 5 K E , / I. 1 H r� : N G I .:::Nik.44,„ : L.. C ,.-I./.SCAZ - ''„N‘N:,,,N./.',. -.'-'' '.--1 I • 1 , GRAPHIC SCALE - _- (FUTURE SIGNAOE)I I I r `RAVEN`- © � 1.r- wOW. - w I mow m t T ' .+'�— UE,NE.. o _--µ.6.'__ _ s>lar"a 1 1 1 ] 1 2 , 5 l • 1 -> r I l i I W r n I ,f 1 l3 I 14 1 m 1 1e 1 1] 'r I Tr I n I 21 og. • / _ m 1 .�foao.aw VICINITY MAP! 3010238 311uiut _ ';1E, ZONING MAP EXCERPT 33 E V- 31A0'106 5 1.3 115 101' 30504 slick*0it 3070405 31101 3110 Haley Toyota Parcel: - -' 4p3 3110g03 `.{ `, 3070316 30.{0324 3410 �- ■ �.• I 1 pi 3p10402 3110101 �, WAIL Haley Toyota 322 3074401 —„, _ - Conditional Zoning 3470 0 Zoning .• • • • • • • . 4 •t •• • • • • • * 34 0 ' ri RA (Residential-Agriculture) • *• • • • • •301'07 3 s 010 105 R-12 (Res. Single-Family) G • • 30 103 r 14 R-7 (Res. Single-Family) r • CLS •R-5 (Res. Single-Family) A pa lfl r • :3070701 R-3 (Res. Single-Family) s o RM-1 (Res. Mixed Density) • w• CO ON • • CLS (c1 ) RM-2 (Res. Mixed Density) • • o __. RMF (Res Multi-Family) • r o _et CN (Commercial-Neigh) I ; ± ••• � wi'fl CG (Commercial-Genera I ,+•r r 0512 C C� q •. • • r 307 CLS (Commercial-Large Site) , I; -?0,.' I I -, • • ■ 3070513 3070524• t� ' ?0,7 ' ' • 3470514 -1 (Light Industrial) �I .j• 1 ( .`fir • a • 1-2 (Heavy Industrial) _ ,� • • „• ,I t. , I.. • ■• ■ • • D (Downtown) I ! ; "::.;1* y • r MX (Mixed Use) `` j- . 1 f- • • • • 111. IN (Institutional) I 2041817 ±•• aCtirn=• • 1 ROS (Rec&Open Space) i' �' _ �' c I ROSS.,-== - 3020201 - AD (Airport Dev) — o I _ } 3020101 A - o - MXPUD (Mixed Use Planned Unit Dev) M•INPUD (Institutional Planned Unit Dev) • ”-• ° rte;, ' I '1'+ 3 ?, ORANGE IPUD (Industrial Planned Unit Dev) i •• f 1 ' .. 1 •• I.4 I 1. : I I I I I :' ; I I l.41(. ,. _. Mil OF (Urban Flex) 1 ! .i • j •, ,i I •i • I • ..I •i •■. I •;.�.--, -,*-i .-I 't" I I .. .�I 1 : I I 1 I -I '. I I • ' 1 I'' A I 1 .I I 'I I I I 'I ' .,l • i I I I I :::.,1 i . 1 :,i ; 1 ,IA, I ! 1 •1 1 ."I .I : I :.1 . w e ,, , .i • .; , 1 , , .,I , l ''' '' I ,:I I 'I ' ■ 'I ' 30240041 'I I 'I;,' 3024001 0 100 200 Feet , ,' -, i ,! -'i ) •.I . I 'I '', .:! .1 :. s : . 1 •1 : I 1 :, I--I•--1 s . TAXID MailAddress MailCity MaitState MailZip Ownerl 2041315 4 SHAUGHANASSEE CT HAMPTON VA 23666 COLES JERELEAN P 2041316 4 SHAUGHANASSEE CT HAMPTON VA 23666 GAITHER LENORA TRUSTEE 2041317 1715 CARROLL AVE NW ROANOKE VA 24017 ROSS RICHARD N 2041318 1715 CARROLL AVE NW ROANOKE VA 24017 ROSS RICHARD N 2041319 145 MALLARD RD NEW CASTI DE 19720 BOWERS JAMES K JR ETALS 2041341 210 CARVER AVE NW ROANOKE VA 24012 RYT LLC 2041601 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041602 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041603 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041604 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041701 1545 PATRICK RD NE ROANOKE VA 24012 T L C PROPERTIES INC 3070103 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070104 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070105 3017 ORDWAY DR NW APT H ROANOKE VA 24017 EDWARDS ARTHUR C 3070120 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070316 1530 COURTLAND RD NE ROANOKE VA 24012 360 TOYOTA LLC 3070317 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070317 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070319 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070322 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070407 PO BOX 12608 ROANOKE VA 24027 FARRELL PROPERTIES LIMITED COMPANY 3070504 900 RIDGEFIELD DR RALEIGH NC 27609 SOUTHEASTERN BUILDING CORP p �/ Department of Planning Building and Development tioZ � snd ROA N O K E Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. a3/U3'32- Roanoke,Virginia 24011 CtiCk Here to Print Phone: (540)853-1730 Fax: (540)853-1230 Date: 7-29-2014 Submittal Number: Original Application ISMS ❑ Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Oveday District El Establishment of Comprehensive Sign Overlay District Address: 1530 Courtland Road,N.E. Official Tax No(s).: 3070316 Existing Base Zoning: El With Conditions (If multiple zones,please manually enter all districts.) CLS,Commercial-Large Slte ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): 39763-091613 Z With Conditions proposed Requested Zoning: CLS,Commercial-Large Site El Without Conditions Land Use: Comprehensive Sign Overlay District Name: 360 Toyota,LLC Phone Number: +1 (804)320-9058 Address: 3600L•nas Par .y Midloth- ,VA 23112 E-Mail: jdpridgenj @gmail.com Prot'- •.nature: Name: Phone Number. Address: f E-Mail: Applicant's Signature: Name: Balzer&Associates,Inc. Phone Number: +1 (540)772-9580 Address: 1208 Corporate Circle Roanoke,VA 24018 E-Mail: Bcrew @Balzer.cc Aut Agent's Signature: rc ROANOKE f— Completed application form and checklist. f— Written narrative explaining the reason for the request. I— Metes and bounds description,if applicable. I— Filing fee. ✓ Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. 1— Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as ( 'development plan'if proffered. I— Development plan meeting the requirements of Section 36.2-326 of the Citys Zoning Ordinance. 17 Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. 1— Written proffers to be amended. See the City's Guide to Proffered Conditions. I— Copy of previously adopted Ordinance. Imininaismistitiessiattitior • I— Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. P Copy of previously adopted Ordinance. g 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. f— A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. I— Cover sheet. f— Traffic impact analysis. ✓ Concept plan. (- Proffered conditions,if applicable. I— Required fee. An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. HALEY TOYOTA COMPREHENSIVE SIGN OVERLAY DISTRICT Tax Parcel: 3070316 Site Address: 1530 Courtland Road NE Roanoke, VA 24012 B&A PROJECT #R1300046.00 DATE: August 7, 2014 RECEIVED AND ASSOCIATES INC AUG 7 2014 CITY ROANDEE PLANNING BUILDING AND DEVELOPMENT REFLECTING TOMORROW PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone(540) 772-9580 Haley Toyota Comprehensive Skin Overlay District NARRATIVE: The purpose of this request is to establish a sign overlay district for Tax Parcel 3070316 currently zoned Commercial Large Site (CLS). The requested sign overlay district will allow for a comprehensive sign plan for the current Haley Toyota Dealership being constructed and any future development that may take place. The parcels are currently owned by 360 Toyota LLC and the property was purchased from the City of Roanoke in April of 2014. The proposed sign overlay district will provide an opportunity for general sign conformance and unity on-site while maintaining visibility to the site and maintaining the goals and objectives setforth in Section 36.2-660 of the Roanoke City Zoning Ordinance. Because the subject parcel is positioned in a unique location, and has a unique configuration, signage is extremely important. A large portion of the developable area of the property has no road frontage and has limited visibility, so providing signage in strategic locations is paramount to the success of the development. The proposed signage will not exceed the amount allowed by right in the CLS district. The proposed Haley Toyota signage provides attractive, high quality brand recognition, and directional signage to guide users to the dealership. The proposed signage locations have been indicated on the signage masterplan indicated as Exhibit A. The proposed signage provided by the Pattison Sign Group meets Toyota logo and branding standards. All of the signs proposed will be new with the exception of the relocated Haley Toyota Monument sign which will he relocated from their former location on Franklin Road. Any site signage for future development will conform to the same general scale and quality being proposed for the Haley Toyota dealership. One overall goal of the Vision 2001-2020 Comprehensive Plan is to make Roanoke an attractive place. Because the proposed District will assure the construction and installation of attractive, well designed signage. within the development, it is consistent with the stated goal of the Comprehensive Plan to 'require a strong commitment to excellence in community design and appearance". Haley Toyota Comprehensive Sign Overlay District SIGNAGE SUMMARY: FREE STANDING SIGN AREA ALLOWANCE: COURTLAND ROAD: 550 LF CARVER AVENUE: 549 LF TOTAL LF= 1,099 LF (Freestanding Sign Allowance— 1 s f per if of lot frontage) TOTAL FREESTANDING SIGN AREA ALLOWED BY RIGHT= 1,099 S.F. PROPOSED FREE STANDING SIGNAGE: 5— 7 s.f. (Haley) 6 - 15 s.f. +9 s.f. + 10 s.f — 34 s.f. (Haley) 7-Approx. 75 s.f (Haley) 8 - Estimated 75 s.t: (Future Development) 10—Estimated 100 s.f. (Future Development) 11 —Estimated 100 s.f (Future Development) TOTAL FREE STANDING SIGNAGE PROPOSED: Estimated 391 s.f. *Note: Total will be dependent on future development BUILDING MOUNTED SIGN AREA ALLOWANCE: PROPOSED HALEY BUILDING FACE: 441x133' TOTAL LF= 1,152 LF (Building Mounted Sign Allowance—32 s f plus 1 sf per if of building face) TOTAL BUILDING MOUNTED SIGN AREA ALLOWED= 1,184 S.F. PROPOSED BUILDING MOUNTED SIGNAGE: 1 —63 s.f. (Haley) 2— 12 s.f. (Haley) 3 - 17 s.f (Haley) 4 - 19 s.f (Haley) 9— Estimated 150 s.f (Future Development) TOTAL BUILDING MOUNTED SIGNAGE PROPOSED: Estimated 261 s.f. *Note: Total will be dependent on future development Total area of signage will not exceed that allowed by right in the CLS district. Haley Toyota Comprehensive Skin Overlay District SIGNAGE CHART: SIGN # SIGN I.D. SIGNAGE TYPE LIGHTING TYPE HEIGHT 1 SL72 BUILDING INTERNAL _ N/A 2 PDNN21 BUILDING EXTERNAL N/A 3 SBL15 BUILDING INTERNAL N/A 4 SI15 BUILDING INTERNAL N/A 5 D45-2 SITE INTERNAL 5'-0" • 6 814SC SITE INTERNAL/EXTERNAL 14'-6" 7 1024SC SITE INTERNAL 8 FUTURE SITE TBD TBD 9 FUTURE BUILDINGS TBD N/A 10 FUTURE SITE TBD _ TBD 11 FUTURE SITE TBD TBD \,tl % off " } . X 11, I %is - > lir Y, 7Q� . 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HAkEy • 11.23 SQ/FT ALIGN TO RIGHT SIDE OF RED BAND UI • 145'-4" I II II I 111 II 11 1 _ ENSEIGNES Da.bma Appor.l: ----- __... j PATTISON Q.,®, SIGN GROUP �•171 1)®=L`'Y'•�:- 1W ROR7311-1161 T•077)717-1734.11M Im1445514713 "= -cam' . D _ E c,.m-.te. i._ n .ron v ^ '29:C1y9.� .m Slifka awe f,.■s,�� .rtclural In-71,781&4 CanXrM Rd NF Wumke VA 2314/02/18 LD-22576 © SBL15 ELEVATION 13'-2 518.. In, •1r,li,�or 74 E t rro. k _ .. :.....-: 1 r cc - 16.52 SQ. FT. EQ EQ Intl a III E■EQ EQ 145•,4" II . ��___ _ _ ii � ►110_, _ II II N ■■ - ____ .. / ENSEIGNES C.a:____/_, j PATT/SON SIGN GROUP .®:, -^=y`: ® ° .m l4 ?Mal in(177)737.1 MI LP r •1.8105141.11714 I I 1 rI Paer.*Li S om PLLiEWal )I)-22578 1N14 Co,amn Rd NE Roanoke VA- 2014/02/1a LD-22576 0 SI75 I aEVA1lON 14'-5 1/4" SERVICE RECEPTION -- 18.65 SQ/FT CENTERED OVER DOORS EQ a I I -11 „_ -E EZEMINE: EQ • 1.111.......11.1. , 452-10" \S-- p urang - .; —a---------t I 9 'all "IMO t 1011111•11C=IIMIIIIMi Al 1� -..- .-.. ...- !IN( 1� Imo:°:I::::I::::P, I onc_r r . . .. _ _. ENSEIGNES Cuaw Approval: f PATT/SON m. — .t t9-abaz=__ ® n AaNfl5. N in WTI m-1 J1 a e«GROUP flU ........-__-..---.-..--._--- __._-_- .yon o„ C41 s�,m Eli llia '11-22876 1664 Fasend Rd NF RnenNe VA 2914/112/1P LD-22576 ELEVATION D45-2 E 7', -- - 10 3/16" ' 41_1" 1 B- H T N Sales T 2'_0 4 9 Service 2 i 5'-0" D45-2 Opposite Side 1 linaltaininnil 5" .:;; D45-2 t-to' 1 2 Line Message ENS EIGNES Der I ,_ "et .PATTISON ou.n.m„1PP.e.>v: 0.•-� M ® =: 1tl SIGN GROUP A4N>ssfi604 fu 6T11mn1H toll 14101).511.17103 OUP Plan 006°P ".can 1 6:71N1 Irp 4753-€n odw .n ms ........-_- --.�.�...--.-- I r}275781884 C'-nt 1 Rd NF Roanoke VA. 2014102/1& LD-22576 0 8.� `. c,,,,,,,,, 11'-2 1/4" Ii 101/4" EQUAL -0" ma EQUAL a 14,5 SQ. FT. ( Toy-4 I (o.taotx) �.0 (0.4297x) , TOYOTA 13fl § 3 3/4" 8.76 SQ. FT. ( 4 N ® a III 9.77 SQ. FT. 1 , 1 ( Scion-41 4 11-6".-1� _.. .... 1 -1-10 I- 2'-81/2"_i, ENSEIGNES Customer Approval- �,� ® SIGN GROUP +�5..� ',L�'-��`� TIN mai mem fax 1R11737.1731 no Nue lAlFfm-sna CI,- ifi li5IF!kLF'.FP�s_...�.r ° ,:�tirac ___ . _ _ 11J'1.1 -_-.�_ rr. {ifaon�ncom o r !�I ;.,.�c7in�u.n� ue7tci0 a:i• Li.)tip. „ 1:5kIIIIINIM Jf1.71VS tee,LnNax Rd NF Roanoke VA 2014/02/It LD-22576 ELEVATION 0 RELOCATE EXISTING 1024SC Tevo ort. Imp ENSEIGNES Date:_; , ff PA7TISON •-- TM SIGN GROUP I. �J®.-ca`` IMO)Mall+a R+11]91]M fie hwi•m4OUP 1.14■7[<fL.a r _ __I • WAYNE STREET,N.E-5E'R.O.W. N b©P� ZFROV 1 wxuer taYo,Aeunnwc O g VIII I�� CT -F-IRIfifU l_l. OIIIIIIltU I o I w ,« $ R,LEq B U qq >>> / (FUTURE NONAGE)V 1' Q V m \ / / T V S\•• *MAWKWNASE •rr P /YYODELS FUTURE OIIINNO LOCATION _ E I' ril■sr \ / • —iM Ul.,s r.A.. Ii r i ------ -: i, k . U 1 i t 1 . N. i K... „..... _ea • N N •�- IFONPEMNAGE)/ CRAP.¢saF,« CARVER ApER-1--- ® r W'ROw. 1E �. �.__. -- .N.E.EE.R.O.-•--, GA 'R AyEtlUE.N.E. 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L-r SIruY51 10040r R'd L.� 'Z' e'1 YJ� l7 N7704Rt 7 ,t3 4.4)40 4u 061)1.141 ll' II-PI N1j3>'4T1 9615' N® ? 01 114 5125747T eta' N-O N7707'4J2 13475' {e O-O Nr73)4>1A 16169' aI / 115 NlN1YJT B0.)J' U6 SIZrI'IYC MCC' P-0 N)TOYIJ? PG66' a 'I}I P 0-5 SIJTM'J9t moo' C. Z I PMTN.SURKT AND RE50Bd.SON PLAT FOP D ®�® c1 J THE CRY OF ROANOKE CI BEING THE RESOBOASION OF PARCEL A MO PARCEL B E1N or x [II AS SI40 4 ON P 1 'PLAT of 9IRW7 FCR THE 'P `�/NTERST• � Ilo La CITY Cr Bonner 02-07-14 z ["°�ACGfE^;E 58/ ��_� ED ' AAW WAR NOM Plan INS15 T n 0002006 JOHN R WADER, LII 06470414- C4fC2M7PSIAK! PMal MANIC Al(48736 AGIES)• I5 No 002 e2 ED 0 _40 BO 160 320 PMa1 n 07.2353 ACRES) _- DI 5/21!21 436' �� _. D1 5$2X•191 6316 NE9 406.Rom PUBLIC CANNME EASEIENT 1< 5pl• 1• 60' OJ 3'6601• 1 -T NEM PVT.SRA. AQSS 6 RANT.EASOOfT f SLO�yw� 04 Nr2w11IIT _ 4706' NEW FYI.SMY ACa$• ROW,EASOIBIT/E TM RECONMTRN Of Mr PLAY Of 05 222•X•11 1010 4NAW'Zr'RoANOE,ROAD.N,E. Cant-TARE sueovrsON 00F5 NOT CONSTITUTE A RBMp4'NRORIA ClM 3_/3 MC 4£7.06 6321946WWAS CHORD LENGM 059' AIM( 144406 0911 MCI OF AND ANY 4015. PARCEL LY 5121/41 66x' DATS 13060064 1. 2(R♦ , .:.:�� Cl .706736' 51«' 802'19461 61x' 0'26'4$ If 74• 9411MCI OF 7091 SHOWN HEREON 1061 is O) 511'r1'x _ _yp JOB PI81E- I'_FIR-035116 Cl 301736' 119)' , 0623'351 2517• 0X41' II.H' INRN0E0 FOR SALE MD70R COMIYA3CE SCALE - AO' Cs JWI.H' MOB. AOC'''71 IJS9l' YJI'SS• MOO' MIST BE CONVEYED BY DEED NIO SAO L4C1 7 Or 1 _C4 _ SOPS 16762' - N1>Y IJ," - 11]96 _ JHM• 9/w• 01 T 'OUST BE Of 106 O M THE M110E - .. CS 7006736' 401.75• 54'53141 4009> THV)' Np PI_ M THE CLERK M THE LIME COORT OF (qN SC2 a, ]O I'1 1584 IM' 0 I] CO50 THE ow M RONIORE 1--. ' 44,005 MCKIIEC5S ENGINEERS SURVEYOR? __K_JAY ib le. 6 44e0�8144 121-0 Cwaavale Circle Roanoke 74715 •■=. •• • - - _ _ __ --_. INST. Iy,e- . RICA ALL HEN BY THESE PRESENTS TO•IT: NOTES: IC\C-H:li TINT THE CIO OF IRM. R. tc0a CS M EEL 1AIRS 01 28 a THE PARSER 1 DAMP OF RECORD' THE CITY a ROANOKE.VIRGINIA m OF LARD SHORN NCONIE B?TO V n CORNERS I INSTRUMENT N 2B ro RECORDED RIN THE MD BLNL i'� O OE Tfq E CI CUIT COU To T O•I1CP Fr LNCKE.CN1 NA FIT ST THE RLRI'`'s 2. LEGAL RV-ER(4CE- INSTRUMENT/010010650. NSIN NENT /11CDOMEE (RAT) OiRCE Of THE CIRCUIT COURT Of THE pf.OF RMRM2.VPfiNN W INSTRUMENT NSTRIMEM /O.WW602, DEED BOW 1]u.PAGE 202, MED BOON 1352. PACE 625 Mr")S•A,344. RAGE /11000HIX (RA'). . r r275 rat)24 AND DEED BOON 24S.PALE 22 (ME. CO.) r Df£D eOW Ulu. PAa M2. DCED BOOR ]5:.PACE a26\M1 OCED BOCR z.5. PAGE 2: (RIVE. co.). 1.WNRNL 1M MAP 13020122 (PARCEL A) /1664 COURTLY/40 ROAD.RE B /307asle(PARCEL 0)11530 COWMAN/0000. N! M ABOVE OFSIThBED MCI B.VIRTUE OF THE RECORDATION OF MIS PUT DOES HEREBY • M6 NAT RNf RKPNKD N1NOD1 1N[ BEKiN OE A CUNEM I ec MUM TO M CM Of ROMO(C tNaSF CERTMN AREAS SHOWN HEREON AS SET APART FOR TITLE REPORT MM THERE WY EXIST ENCUMBRANCES WKES RNCn lye's Si 0%AS 1N:MIC EASEMENTS. AFFECT Mt AY PROPENE( CONTAIN NOT SHOWN HEREON. 6.A CARE! W1 COMMN VMER SAGA O1RTM1 SERVICE CORD LINES. TNT THE PUT O THE LAND AS SHORN HEREON.AS 6.ALRMIN USE 1NSA1NN AREA IS SHOWN FROST RECORDS ONLT. THE SAC OWNER HEREIN 15.2-2240 7 41. NPRT4YENI5 NOT SHORN HEREON ' REQUIRE.IT SEC1NN 15.2-2240 TROUGH 152-2210 OF THE CODE OF VIRGINIA(1050)AS AMENDED. AR NO THE SUmMONN ORENT MA or INC CITY OE NMNWE.VIRGINIA IS ENTIRELY WITH S OWN FREE WILL NN CONSENT NM N ACCORDING(VATH THE DESIRES O THE VICINITY MAP OWNERS NSTR NENT IMPOSING A W0 UUPON SSUUCLALAIC' ThERRL BE DEED a TRUST. W OTHER TRUSTEES NO SCYL IN WITNESS RNEMW ARE HEREBY RACED THE FOLLOWING SIGNATURES MO SEALS. THE RECORD/JON OF INS PLAT a SUBDIVSiON DOES NOT CONSIITRE A T C11T E.MRGNN COMEYMCE O LA51 ANY LOTS. PARCEL DR TRACI Of LAM SHOWN HEREON R/BARN THAT IS NTERO0 FOR 541 MD/OR CONVEYANCE MUST M CONVEYED BY DEED I / AND SRO DEED MUST BE RECORDED N TOE OFFICE of THE CLERK O'THE BYti E/) - m C:Ey.u... �... CIRCLET ComM of THE Cm of RA RO N I EGENO • - NEAR NN FOUND PORN NAME P. m.Pr.$i 0 - NW PIN SET PANT • - NT FOUND PVT - PRIVATE MP, -VARIABLE M • YMNBLE COMMON LALD4 AT LARGE ...,,'` S N Y - WINDTIEA MANAGEMENT �,GGF.. t C- EGA COORDINATE IST VA Ton PLANE NADU) Ex - WASISIC i. A F!CE NXRK N i 4E. X01. Palm a.+i.u. Ex - n51Rlf MC fW 1.KR.�AF°A s,,LC HEREBY CERTIFY TINT • N M1a ��.JYJEtIWILLL_IK1L T at CrsrVSI to EP ia1F LOMC ralfra rkTs�e ..W R. !_.Il3L•SLQi.-_u:b2 ,5 EI AL 4A01 NLBllE-Alait�l PEASOMl1r APPOSED Y OF ME MD ft-P OGE2 M ' ' GR- r a L litit riRLL .IkAS Ji SN/1 W THIS.11.E DAY OF -n2..d. xo�Y A'h E !_i.I .IiLLR:t:tja4J 4N p,,..' m;.A. BATMf1T_;gtRSiL RED. /11294 3 ""' _ ! T:llJ�LL__.]LS N:1 �) -5 IBifL E6alkU. �. WY COMMISSION. EXPIRES 1 IIB/.pe/R {,INIK EdJ M 2kti •BL'tv1lb JfLL .ItRial 1•1111MBl-i_illd:.LME• --1avre LEA Ruh 'I LL_.. t f 1 I HEREBY CERTIFY THAT T415 PLAT IS FROM A CURRENT FEUD SLRVET MD IS CORRECT TO TAIL BEST Of W !E!A':I.5'I&::.taill!=r TWA KNOWLEDGE MD B LIEI. e ate=:t.� nai pi:a ef �,/ �c�1.t�.,A :..Ef1['y`cItSI}:l 002552 BI INIRAI 'iflF: ITYIi1E_:'StE&IIL feu-Eri uBm/V:,CIE=a ��'l1jjllT'e ES[ILIBN:'L R•%2A el�111MITTi I:.PFf6EM'v.36:FL . ISTsePT%t u.YAEfEP F.:B.MLE e]!11Si44IMI rrIUNT'•':NLL)N.E ARRIVAL HARVEY AM RF OANO E FOt } lilellL'•_EtLJfiT:•::.e[it1 THE CITY OF ROANOKE - i) `- 7 BONO THE RECIBINM PARCEL O 1y:n °F H. '?LAL�".CP g.r PARCEL A SHORN PON B ,P OIY FJMPEtR.COY(R RDWORL AS F SURVE a 02-o2-I4 •_ 'ALAI O SURVEY ECR IRE CD O RO.WWEG U JOHN N. INADLN y MCRMLNT HEREON La No.002002 p 1.Al(4.07311 aAC ee / S/HE i"'/ PA�AIE((67.AS)) TER pit MIN PUBLIC ORARIACE EASEI60IT ‘440 54,4 KB PT..SB.B.ACCESS•RANT.EA�C4T Al THE CLERICS OFFICE O THE°RCOT COURT Of CITY O MNMNE. NEW PVT SPEY.ACCESS•SAINT.EASfIC4T VIRGINIA MIS IMP RIM ME CERTIFICATE O ACR,C LEO0MEM SITUATE LMILNM POLO. N.C. THERETO AF•RNEO MUTTEO TO RECORD AT IO'.1. O'CLOCK CITY O ROANO E. MRONIA �. g.Y. ON T16. DAY Of AQI:\ 2015. N DA/ED FEBRUARY 7, 2014 NsRM[HT I)4Of(O 4Ott .Roe 0113Um4600-MSUB !�.I_ SCAIE1 T•_ 2 SHEET 1 OF 2 TESTIS. ) THIS PROPERTY ODES nc• LE NTHN THE UNITS a PTd - a A LCD YEAR FLOOD BDLTL Y AS 21IN ZONE ILL. sN` '12 95X0 r., D.,n.N(ISU �-. .r- !E' tr BY CLMREnr FEW NAPS. PROPERTY s N rarNE v [9.15 XBxa PLANNERS 11RS maYFE:Crs DORNEG1 SURVEYORS[ UNSHADED. SEE W D 051 H OT66G CREASED ICHR dNN)B a l m R A4Pxa1... 'X% Cu.ry,aLt o,atr eo no. n 24r/'N CLERK DATE SEPTEMBER 2e. 2001) TAXID MailAddress MailCity MailState MailZip Ownerl 2041315 4 SHAUGHANASSEE CT HAMPTON VA 23666 COLES JERELEAN P 2041316 4 SHAUGHANASSEE CT HAMPTON VA 23666 GAITHER LENORA TRUSTEE 2041317 1715 CARROLL AVE NW ROANOKE VA 24017 ROSS RICHARD N 2041318 1715 CARROLL AVE NW ROANOKE VA 24017 ROSS RICHARD N 2041319 145 MALLARD RD NEW CASTI DE 19720 BOWERS JAMES K JR ETALS 2041341 210 CARVER AVE NW ROANOKE VA 24012 RYT LLC 2041601 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041602 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041603 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041604 3590 CASEY RD SALEM VA 24153 ROBERTS ROGER D 2041701 1545 PATRICK RD NE ROANOKE VA 24012 TLC PROPERTIES INC 3070103 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070104 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070105 3017 ORDWAY DR NW APT H ROANOKE VA 24017 EDWARDS ARTHUR C 3070120 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070316 1530 COURTLAND RD NE ROANOKE VA 24012 360 TOYOTA LLC 3070317 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070317 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070319 1502 WILLIAMSON RD ROANOKE VA 24012 BLUE EAGLE C M LLC 3070322 215 CHURCH AVE SW ROANOKE VA 24012 CITY OF ROANOKE 3070407 PO BOX 12608 ROANOKE VA 24027 FARRELL PROPERTIES LIMITED COMPANY 3070504 900 RIDGEFIELD DR RALEIGH NC 27609 SOUTHEASTERN BUILDING CORP VICINITY MAP/ +}. Vv V` 370239 3306 u:�3 115 ZONING MAP EXCERPT b, 1 .3 5 114 30a3433 � p00 3100 1 Haley Toyota Parcel: ^ o° p7p403 31101p3 3070316 '} 301p320 3 402 131 ° • • • I-1 3070 1 31101 IN ••Haley Toyota N 2 It 3p7040 3p7032 _ Conditional Zoning "'' r' �� 137 •I. toning hR. rz •• • • • • • • • ~ •� •• • • • • � 313p73706M or RA (Residential-Agriculture) p' 1 • •• • • • • • 30713105 F!; R-12 (Res.Single-Famiy) C • • 70103 ;r R-7 (Res. Single-Family) ,.�. {,j • • • �CLS 313• R-5 (Res. Single-Family) A • • - R-3 (Res. Single-Family) -a • • " 3070701 • • - COMPTON RM-1 (Res.Mixed Density) ' •0 .*. • • ST A • cLS (c) RM-2 (Res.Mixed Density) '` $t • • RMF (Res. Multi-Family) " •• • • a - CN (Commercial-Neigh) -Iv r • • • • • 8 CG • le CG (Commercial-General) R "� _ , ' ....! r • • . 3070512 a • • • 3070513 3070` CLS (Commercial-Large Site) at 1a ■ I . ' D 2.4734 3070514 4• - I-1 (Light Industrial) 4--44, I - • • ,� ?u I, • • F�� - I-2 (Heavy Industrial) . 1.�, • •• • • • I{.r� ggi D (Downtown) • • yn;`sl I: • • � MX (Mixed Use) • • - IN (Institutional) IN 1 2041817 ••• • • • asi ROS (Rev&Open Space) ROS 3020201 AD (Airport Dev) 3020101 MXPUD (Mixed Use Planned Unit Dev) INPUD (Institutional Planned Unit Dev) �v . ORANGE art MN IPUD (Industrial Planned Unit Dev) MIMI OF (Urban Flex) N 0 100 200 Feet w+r- . , 3024004 3024001 1.--i—I S • The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-POV September 03,2014 215 CHURCH AVE ROOM 166 ROANOKE.VA 24011 Dale Category Description Ad Size Total Cost 09/09/2014 Munlopal Notion PUBLIC HEARING NOTICE All public hearings advertised het 1 x 157 L 1,49164 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,In the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: t " 06127.09/03/2014 t "Y. •,, m The First insertion being given... 08272014 Newspaper reference: 00000E0559 ' '01 t:,i' • Sworn to and subscribed before me this Wednesday,September 3,2014 •.,... II , h Notary Pugi thing Re :nfative State of Virginia City/County of Roanoke � My Commission expires l v, 1 31—I--� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU • PUBLIC HEARING NOTICE ties d k4 arm The comprehensive air designates the properly for Wit Indriai aro All Sac tramps advertised herein nil Ito contrkreld cerr ml specify held to the Cky Caid Cayabe.fourth loo. °ware as Ram q4 Nosl C.Tab ratted bdl0 ujes establishment and few'. 115 Church Await SW Roanoke,ykpkany �� al croons an avYLble let review a Mr 4pp6edmn by 3207 Ma tiC.to establish. Mewing.WRSnp and Deme stet Mote visa aawy Snit for property located at Roomed its Mardi Avenue W_Roanoke, 15)0 Cowtaa Road kf.beano;Offiti41 Tu err*. not 3aa31t twrteiW soar Commercial taw Ste P15). retyepr Wm meryAny Person with a OS W4I1 redwing am special ba We Wpm M a to trek ve p to attend paSo edto a the hearken �� ronwn being consin tlttlbtl amp Maedti:p Man n t di cyst at l �tat admits 153.1730 re Maalee sks and OsiOnp hearing it Mrs Acre of r in he IS The CM Milwaoee atar.ng Carmtlmm mA deur the proposed sir O d third am Add pub[names m Sweeter. 5.1014 at nice pad yep emlmeNnct and unity 130 pa or u sew es t ie roam per At the head to tmtider Meeaopitabms: a Section ,� INonovesset ford,y Section d the raarmae eery ippkatan by Ivy Wen. II C. to Reed MI ?rev benuNe condmom proffered as part d prettout appdcatpa by Reande to eg ye_ rennoi S and antra,De Manned ton w mom the mooed Ina Oemdsome M Man rleeapwem Man at a Z fl 13 . It Crain nearby lo*TW be OfdM' lulN� mom*nt Ma a 1701.7107,1304 tie 1b0,4 ad 2211 FreWAn load.S.W.beaaq 111D701.toeamnie. aloeW Croat IV Not 1150101,1150104,11501, rior* Wind 10 r 54ti and 1150111 Oe r plan (RPM The for liene r by dv owned al ONknakrNo%%)Sputa 4 andOrdmace to. d5Celina ire caterers s 31175402001.retort removal of a Meant: Dorms or to SPUD paned bpidt r structural Wngflhiey al al resbentiat pug 1lpN and goo up term me at we 11Y2Caoue*and commend: asmnby and entrainment; stye eerie Peered Crowd le bad N wax.IneapIama 104 eyrrant7 fadbbef, Parbr of pymts Redivided or re o neiicd tnnponaoan; ott Mire arratenwr d balding facades fatty* accessory,nit a mo y **yr d Ind FrWOa Road a resemble and tkQparate Nang unit ppe[rr ISO swam feet asbt vet *new laud in me rtl of Wproae and the ynPenmwe peen divan" the reed other kayo: metre iirdraaan Peeve ea penned a mewed refs kr Whig and caves t0 be alt bw develor M Tie rend we f tie caWC a S.and slow one ll)hemtadirg property y Nab and men terse RP m 01aca Tu No 11501t0 unl Me C r� Secretary City flare el the Nedra x chi irk Sat/raablr�p . adeto' on minim Wee City Load ic bold Pe a l errors do larder media and marred awned microns Semen*I 2M14 t lk Awes Meer Vie height of Wavle it paa useou as the WIN'S ri ar be remrdte meter. re and location at ne = ground and bolding mss' stIlSre Sleplwy ha Mom RepWls,NNC,Cih Clerk care OS lot Yyahg drew not Ia a Metal as emus ddiet the PrOtedeS The an Starr load a iarrio bash ,Sitio aid bone,make e a nth add a War*one l a e,th, a ter nd otherwise lead;meaty disc:mind use -, at t pal m es saw p dm mars w Wt6iiatekeyO dente ry,a sera:lope mar ahea0.w.aide Ma appfeadae aeastabhaarraM1 otIMnewfhbed primal App6cabe Ned Cr Marla e Fry for,barn; seeke tswblanfmt a'4 odtwte Intel kMs a Tao band iei*e,aw dca CC, pet groomer wild tales estabaslnntrt mot Conat Ta Na or a t wed entree rdwwlst et crane eyaywwnnnt eat* Cmmnwl Oewik Nr i WWI.Cowan rl aSloieat power e C-ty w Seer Milli 7 Cabe of reddbba district ell g odd as Me Ce d tee an( in g Zoning.ish to eIDbpsrmm.tubing a rider .rand: Peat a tame mimeos c w!0. enabartmmm emertaidnent tat tmN.taY ippo it.w os dead. b awn pled M Andre end Sonya flown nal itbkt: near al brtenter s nw n* or p er bated at R34 We biro SW., app. nasal ed, err eon burly mewing be*a ONda Tax Na SNOM.amr a oft We'd of a nixed use faro wet ray, rarer many dsecti for a pedal rtttaaat diet aid madde eo to to Section 979,71. Smend Cadee ON Cale a dteeatast. ns ava e���P wed Mkpermtahradbmkyst Ordnance Na 36925111004,adopted Aprcann Std by S sack Corr for by Cloy Canal on Dicta*.At 10Mt and new lotted at 0%rhod raw.Ml. Dramnte Na 3787540000• adopted by bearing Adel Tax No.MOM err R'S Cbni m adult 30 2001 The Wd rot RS:1SW Setheeimei District 1a a Carteret PerMitted dle WINE retie reside*" acmnwrayae�and ♦4311 trove Sedan 1te Ceand Swipe Pap anti arch real a�m�) pm $111a and cede d the Cie 01 eoadk- enOynaielt nett hda rW and (ardour aIeee b Moo record 1 Nat comas* Witter dampuwdae ally. yard d 15 loot yid b dm record 4 foot pnca lam and a maxmunm halo yaw ama7°r a madmen drib a omw M6no urw per 7700 WWI of aaftig ppe Atalg Staewrt OCr Board Carlace b 16485) 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 Avenue, S.W., Roanoke, Virginia. 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 September 9, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Ivy View, LLC, to repeal all conditions proffered as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively. The conditions proposed for repeal, adopted through enactment of Ordinance No. 36925-122004 and Ordinance No. 37875-082007, 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; require illumination levels for parking and drives to be eight foot candles or less, and allow one(1) freestanding sign on Official Tax No. 1150108 until the demolition of the building on the property while prohibiting electronic readerboards on same property; require three (3) new entrances with a divider median and restricted traffic flows; restrict the height of buildings; restrict the number, size, and location of freestanding signs, ground signs, electronic readerboards, and building signs; require certain parking lot lighting design. The application is to permit use of the properties for a financial institution; office, general or professional; business service establishment, not otherwise listed; medical clinic; mixed use building; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; personal service establishment, not otherwise listed; pet grooming; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; entertainment establishment, abutting a residential district; entertaimnent establishment, not abutting a residential district; health and fitness center; meeting hall; parking, off-site; dwelling, multifamily instead of a mixed use facility with retail, restaurant, office, underground parking, and parking garage previously permitted by the Institutional Planned Unit Development Plan (INPUD), Ordinance No. 36925-122004, adopted by City Council on December 20, 2004, and Ordinance No. 37875-082007, adopted by Council on August 20, 2007. 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 own dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for light industrial and general commercial use, but does not specify density. The proposed use of the property is eating and drinking establishment and retail sales establishment. Application by 360 Toyota, LLC, to establish a sign overlay district for property located at 1530 Courtland Road,N.E.,bearing Official Tax No. 3070316, currently zoned Commercial Large Site (CLS). The requested sign overlay district will allow for a comprehensive sign plan for the current Haley Toyota Dealership being constructed and any future development that may take place. The current plan includes freestanding signs and building mounted signs, but the total area of signage will not exceed that allowed by right in the CLS district. The proposed sign overlay district will provide general sign conformance and unity while maintaining the goals and objectives set forth in Section 36.2-660 of the Roanoke City Zoning Ordinance. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for the property located at 1130 Overland Road, S.W.,bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269-120505, on December 5, 2005. 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 institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on September 15, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on September 10, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application filed by Melinda J. Fry for property located at 2615 Orange Avenue, N.E., bearing Official Tax No. 7070108, zoned CG, Commercial General, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment abutting a residential district. Application filed by Andre and Sonya Howes for property located at 3734 Lake Drive, S.W., bearing Official Tax No. 5070414, zoned R-12, Residential Single-Family District, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke(1979), as amended, to permit a bed and breakfast. Application filed by S. Jack Conner for property located at 0 Richard Avenue, N.E., bearing official Tax No. 7090116, zoned R-5, Residential Single-Family District, for a variance from Section 36.2-312 and Section 36.2-313, Zoning, Code of the City of Roanoke (1979), as amended, to allow a maximum front yard of 85 feet in lieu of the required 42 foot maximum front yard. Candace Martin, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on August 27, 2014, and September 3, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 2401 1-1 536 (540) 853-2541 y : CITY OF ROANOKE C . OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 a Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (541))853-1145 E-mail: cicrka roanokeva.gov STEPHANIE M.MOON REYNOLDS,M MC JONATHAN E.CRAFT,CMC City Clerk Deputy, City Clerk September 10, 2014 CECELIA T.WEER,CM Assistant City Clerk Ben Crew Balzer and Associates 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: 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, September 15, 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 the request of 360 Toyota, LLC, to establish a sign overlay district for property located at 1530 Courtland Road, N. E., currently zoned Commercial Large Site (CLS), to allow for a comprehensive sign plan for the current Haley Toyota Dealership being constructed and any future development that may take place. The City Planning Commission at its meeting held on Tuesday, September 9, 2014, on a 5-0 vote, approved the request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853- 1730. Lastly, it will be necessary for you, or your representative, to be present at the September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. � Sincer�ely, in Stephanie M. Moo yno s, MMC City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK ,, 215 Church Avenue,S.W.,Suite 456 g Roanoke,Virginia 24011-1536 e. a, Telephone: (540)853-2541 Far (540)853-1145 E-mail: clerk(rrroanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,('MC City Clerk Deputy City Clerk CECELIA T.WEBB,CM(' Assistant City Clerk September 10, 2014 To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, September 15, 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 the request of 360 Toyota, LLC, to establish a sign overlay district for property located at 1530 Courtland Road, N. E., currently zoned Commercial Large Site (CLS), to allow for a comprehensive sign plan for the current Haley Toyota Dealership being constructed and any future development that may take place. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, h'1 t .Q) Stephanie M. Mot&r City Clerk SMM:ctw Adjoining Property Owners September 10, 2014 Page 2 pc: Jerelean Coles and Trustee, Lenora Gaither, 4 Shaughanassee Court, Hampton, Virginia 23666 Richard Ross, 1715 Carroll Avenue, N. W., Roanoke, Virginia 24017 James Bowers, et als, 145 Mallard Road, New Castle, Virginia 19720 RYT, LLC, 210 Carver Avenue, N. W., Roanoke, Virginia 24012 Roger Roberts, 3590 Casey Road, Salem, Virginia 24153 TLC Properties, Inc., 1545 Patrick Road, N. E., Roanoke, Virginia 24012 Arthur Edwards, 3017 Ordway Drive, N. W., Apt. H, Roanoke, Virginia 24017 360 Toyota, LLC, 1530 Court land Road, N. E., Roanoke, Virginia 24012 Blue Eagle CM, LLC, 1502 Williamson Road, N. E., Roanoke, Virginia 24012 Farrell Properties Limited Company, P. O. Box 12608, Roanoke, Virginia 24027 Southeastern Building Corporation, 900 Ridgefield Drive, Raleigh, North Carolina 27609 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-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk September 16, 2014 CECELIA T.WEBB,CMC p Assistant City Clerk Howard Boggess Lumsden Associates, P. C. 4664 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Fonder I am enclosing copy of Ordinance No. 40064-091514 amending the Institutional Planned Unit Development Plan to permit construction of three individual additions to the existing building previously permitted by Ordinance No. 37269-120505, and associated site development, as it pertains to the parcel bearing Official Tax Map No. 1380103, as set forth in the Zoning Amendment Amended Application No. 1, dated August 5, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect upon its passage. Sincerely, Xeihria.,41• iklaVa-4,,,V1 Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Doug Fonder, Roanoke Valley Swimming, Inc., P. O. Box 4646, Roanoke, Virginia 24015 Liz Belcher, Roanoke Valley Greenways Coordinator, 1206 Kessler Mill Road, Salem, Virginia 24153 Commonwealth of Virginia State Board, 3054 Colonial Avenue, S. W., Roanoke, Virginia 24015 Randolph S. Sibley, 1049 Clearfield Road, S. W., Roanoke, Virginia 24015 Charlotte M. Burton, 1045 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles J. Scharnberg and Himel Shelley, 2236 Sewell Lane, S. W., Roanoke, Virginia 24015 William S. and Dolores B. Rorrer, 2350 Ross Lane, S. W., Roanoke, Virginia 24015 Howard Boggess Lumsden Associates, P. C. September 18, 2014 Page 2 pc: Brian G. Sarver, 2250 Sewell Lane, S. W., Roanoke, Virginia 24015 Meredith B. and Daniel J. Entingh, 2238 Sewell Lane, S. W., Roanoke, Virginia 24015 Robert P. and Nancy F. Canova, 2265 Sewell Lane, S. W., Roanoke, Virginia 24015 Charles R. Johnson, 2258 Sewell Lane, S. W., Roanoke, Virginia 24015 Phyllis L. Raikes, 1121 Welch Road, S. W., Roanoke, Virginia 24015 Donald L. Martin, P. O. Box 248, Vinton, Virginia 24179 Madison Field Properties, LLC, 202 S. Jefferson Street, S. E., Roanoke, Virginia 24011 Caryl Connolly, 1136 Welch Road, S. W., Roanoke, Virginia 24015 Raymond G. Eades, 2218 Sorrel Lane, S. W., Roanoke, Virginia 24018 Randall A. Ruppel, 1135 Clearfield Road, S. W., Roanoke, Virginia 24015 Marcus Anthony Reed, 1124 Welch Road, S. W., Roanoke, Virginia 24015 Lily Thi Ngo, 2835 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Gayle C. Stoner, 1120 Welch Road, S. W., Roanoke, Virginia 24015 James M., Jr. and Linda S. Sherman, 1130 Welch Road, S. W., Roanoke, Virginia 24015 Joseph J. Stanfill, 1115 Clearfield Road, S. W., Roanoke, Virginia 24015 Thomas D. and Jean F. Denton, 1109 Clearfield Road, S. W., Roanoke, Virginia 24015 F. Daniel and D. Cynthia Wright, 1121 Clearfield Road, S. W., Roanoke, Virginia 24015 Kathye L. Ashford, 1127 Clearfield Road, S. W., Roanoke, Virginia 24015 Frances W. Domurat, 2318 Martin Lane, Roanoke, Virginia 24015 Julie Haxton Viar, 1168 Clearfield Road, S. W., Roanoke, Virginia 24015 Laura E. Mofield, 1156 Clearfield Road, S. W., Roanoke, Virginia 24015 Floyd A. Haxton, et. als, 1146 Clearfield Road, S. W., Roanoke, Virginia 24015 Vada C. Sarsfield, 1134 Clearfield Road, S. W., Roanoke, Virginia 24015 Robert W. and Joy D. Philpott, 1103 Overland Road, S. W., Roanoke, Virginia 24015 John D. Hodgkin, 1114 Clearfield Road, S. W., Roanoke, Virginia 24015 Kimberly L. Hardy, 1122 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles A. Karr and Donna P. Pinkard, 1164 Clearfield Road, S. W., Roanoke, Virginia 24015 Trustees First Church of Christ Scientist, 1156 Overland Road, S. W., Roanoke, Virginia 24015 Rick V. and Deborah T. Klotzer, 1108 Clearfield Road, S. W., Roanoke, Virginia 24015 F. Michael and Emily D. McCoy, 1133 Overland Road, S. W., Roanoke, Virginia 24015 Howard Boggess Lumsden Associates, P. C. September 18, 2014 Page 3 pc: Elaine P. Kellam, 1111 Overland Road, S. W., Roanoke, Virginia 24015 David Burris, 1143 Overland Road, S. W., Roanoke, Virginia 24015 David L. and Laura E. Glasco, 1052 Clearfield Road, S. W., Roanoke, Virginia 24015 Michael Conlon and Sandra Hammond, 294 Pulaski Mine Road, Buchanan, Virginia 24066 Destacy Roberson, 1028 Clearfield Road, S. W., Roanoke, Virginia 24015 Mary F. Vest, 1035 Overland Road, S. W., Roanoke, Virginia 24015 Ago and Hajra Omanovic, 1031 Overland Road, S. W., Roanoke, Virginia 24015 Philip Sean Clements, 1027 Overland Road, S. W., Roanoke, Virginia 24015 Matthew S. Dooley, 1021 Overland Road, S. W., Roanoke, Virginia 24015 J. R. and Ila K. Parsons, 1017 Overland Road, S. W., Roanoke, Virginia 24015 Mary Ann Rexrode, 1005 Overland Road, S. W., Roanoke, Virginia 24015 Tammy A. Short, 1001 Overland Road, S. W., Roanoke, Virginia 24015 Mary Evelyn White, 2914 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 The Marilyn Hooker Trust, P. O. Box 127, Penhook, Virginia 24137 Timothy M. Migliarese, 171 Forest Drive, Salem, Virginia 24153 Walter L. and Rachel Wheaton, III, 2279 Brambleton Avenue, S. W., Roanoke, Virginia 24015 John H. Miller, 2289 Brambleton Avenue, S. W., Roanoke, Virginia 24015-3701 Michael S. Greene and Linda Sage, 2299 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan A. Lower, Director, Real Estate Valuation Philip Schrimer, City Engineer Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40064-091514. 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 amend the Institutional Planned Unit Development Plan, as it pertains to 1130 Overland Road,S.W., bearing Official Tax Map No. 1380103;and dispensing with the second reading of this Ordinance by title. WHEREAS, Roanoke Valley Swimming, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Institutional Planned Unit Development Plan, to permit construction of three individual additions to the existing building previously permitted by Ordinance No. 37269-120505, adopted by City Council on December 5, 2005, and associated site development, as the Institutional Planned Unit Development Plan pertains to the parcel bearing Official Tax Map No. 1380103; 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 September 15, 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 amendment of the Institutional Planned Unit Development Plan, for the property described as Official Tax Map No. 1380103; and WHEREAS, City 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Institutional Planned Unit Development Plan,as it pertains to the parcel bearing Official Tax Map No. 1380103, 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 the amendment of the Institutional Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1380103,as set forth in the Zoning Amendment Amended Application No. 1, dated August 5, 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. ATTEST: A1 , Ynoo-,R ck A City Clerk. C.- 2014 7 16-Amend Pt ID- 1130 Overlook.doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for the property located at 1 130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269-120505, on December 5, 2005. Recommendation The Planning Commission held a public hearing on Tuesday, September 09, 2014. By a vote of 5 - 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 existing use on the subject property will be expanded in a manner appropriate to the surrounding area. Application Information Request: Amendment of Planned Unit Development Plan Owner: Roanoke Valley Swimming, Inc. Applicant: Owner Authorized Agent: Howard Boggess, Lumsden Associates, P.C. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1 130 Overland Road S.W. Official Tax Nos.: 1 380103 Site Area: 1 .3654 acres Existing Zoning: INPUD, Institutional Planned Unit Development District Proposed Zoning: INPUD, Institutional Planned Unit Development District Existing Land Use: Health and Fitness Center Proposed Land Use: Health and Fitness Center Neighborhood Plan: Franklin Road/Colonial Avenue Area Plan Specified Future Land Institutional Use: Filing Date: Original Application: July 03, 2014 Amended Application No. 1 : Aug 29, 2014 Background For 20 years, beginning in 1988, the City of Roanoke leased a 1 .3654 acre area of the James Madison Middle School/Fishburn Park Elementary School campus to the Roanoke Valley Swimming, Inc. (RVSI), for use as a swimming facility. The City owned the property while RVSI built the swimming facility and leased the land from the City. That area was subdivided in December, 201 1 , when the City sold the area to RVSI. As part of the sales agreement an easement was established providing access to the RVSI property across the school campus and a year-to-year shared parking agreement for a portion of the property. The shared parking agreement makes fairly clear that use of the parking lot is primarily that of the school's use and that the RVSI's use is subordinate to that of the School Board. The applicant met with planning staff to discuss the expansion of the RVSI facility to include an additional pool, weight room, locker room, and team room. In July 2014, the applicant filed an application to amend the planned unit development plan. The proposed development plan depicts building addition locations on the parcel, entrance locations, stormwater management area, and associated site development. In August, the applicant filed an amended application addressing staff comments and the Roanoke City Schools provided a letter confirming that their original concerns were addressed. Planned Unit Development Plan The development plan included in the application is binding on the development of the property. All development must be in substantial conformance with the development plan and other pertinent elements of the zoning ordinance. Considerations The subject property is currently used as a health and fitness center and that use will continue in an expanded manner if the amendment to planned unit development plan is approved. The proposed expansion adds 7,360sf in additions to the existing 1 1 ,321 sf existing building. One of the additions expands the pool area to the southeast, while the other additions expand the building to the northwest and southwest. The parking on the existing property is currently and will continue to be provided offsite on the adjacent surrounding parcel north of the property. 2 Surrounding Zoning and Land Use: Zoning District Land Use North INPUD, Institutional Planned Educational facilities, Unit Development District elementary/middle/secondary South INPUD, Institutional Planned Educational facilities, Unit Development District college/university East INPUD, Institutional Planned Educational facilities, Unit Development District elementary/middle/secondary West INPUD, Institutional Planned Educational facilities, Unit Development District elementary/middle/secondary Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. In an INPUD District, minimum parking requirements are set on the development plan. Typically in other district types, a recreation use, indoor or outdoor for swimming pools would require a minimum of 1 parking space for every 75 square feet of water area. The existing pool area of 5,025sf would require 67 parking spaces. The additional pool area of 1860sf would require 25 additional parking spaces for a total of 92 minimum parking spaces. The minimum parking that would typically be required for the two schools is 130 spaces (80 for the middle school and 50 for the elementary). There are 88 staff members at the two schools, not including support staff (custodial, cafeteria) while 130 parking spaces are provided in the designated parking areas on the school campus and along the exit drive to the campus. There is an additional +/- 50 stripped on street parking spaces along Overland Road. There is adequate parking to meet the demands of each use independently but coordination of scheduled events could be necessary to minimize conflicts during times of peak activity. The development plan references the shared parking agreement that includes 65 parking spaces on the adjoining school property. Staff has asked the applicant to confirm that the expansion and parking has been discussed with Roanoke City Schools. Such confirmation has been provided by Roanoke City Schools. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Franklin Road/Colonial Avenue Area Plan recognize the need for the redevelopment for existing uses and sites to serve the needs of citizens. The existing swim facility property is part of a larger area centered on learning. The use remains appropriate in this area. Relevant policies and action items in the Comprehensive Plan include: 3 EC PC1 . Parks and Recreation. Roanoke will develop, maintain, and manage parks and recreation facilities that enhance the City's and the region's quality of life. EC P2. Greenways. Roanoke will develop a high-quality network of regional greenways for recreation, conservation, and transportation. The expansion of the existing swimming facility will allow the center to serve and expand their capacity to serve the residents of Roanoke. The greenway will continue to remain as part of the property, although it will now be located at the edge of the new building. Although the expansion of the facility does not use Comprehensive Plan design principles of bringing the building closer to the street and front entrances facing the street frontage, the changes proposed are reflective of the existing architecture and campus development that exist in this area. The Franklin Road/Colonial Avenue Area Plan recognizes that the area is an area of many differing uses. The recreation opportunities available in the area affect the quality of life of neighborhood residents. The existing swim facility has existed in this location for over twenty years and serves residents from the City of Roanoke. The Murray Run Greenway has been located on the property for many years and serves many local residents. Expansion of the facility in a manner appropriate to the surrounding community is encouraged to serve the needs of the community. Relevant policies and action items in the plan include: Community Design Policies • Neighborhood Character: Established neighborhoods should retain their current character and development patterns. • Parking: Paved parking spaces should be minimized. Quality of Life Policies: • Recreation: Neighborhood and area parks should provide adequate recreational facilities for residents. • Greenways: The greenway routes of the Roanoke Valley Conceptual Greenway Plan should be developed to enhance the quality of life in the area. The principal consideration is whether the proposed rezoning and proffered development plan and conditions are consistent with Vision 2001-2020 and the Franklin Road/Colonial Avenue Area Plan. The swim facility has been a part of the community's development pattern for many years and the continued use and proposed scale is appropriate for the area. 4 Public Comment Summary Vada Sarfield sent as email in which she expressed concern over the application based on the increase the change would create in the already high volume of traffic on Overland Road. Liz Belcher, Roanoke Valley Greenways Coordinator at 1206 Kessler Mill Road, Salem, supports the Gator Center expansion, but is concerned about current and future drainage from the back of the building across the greenway. She would like the drainage issue to be addressed during the development review process. Planning Commission Work Session (luly 18, 2014): No comment. Applicant Response to Staff, Public, and Planning Commission Comments The applicant submitted an amended application addressing staff comments. Lora Katz, Temporary Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Doug Fonder, Roanoke Valley Swimming, Inc. Howard Boggess, Lumsden Associates, P.C. 5 Zonitita net hAtthividtect , �a� � �C RECEIVED a Department of Planning,Building and Development DA N O K E Room 166,Noel C.Taylor Municipal Building AUG 2 9 2014 215 Church Avenue,S.W. Roanoke,Virginia 24011 PING BUII BUILDING a ,.ytl✓ ' Click Here to Print Phone: (540)853.1730 Fax: (540)853-1230 DEVELOPMENT T Date: Aug 5,2014 Submittal Number: Amended Application No.1 uaat (aalmat:all tlu$`.aeefyla ❑ Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional p Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Rrresswe. ti$lptflsti , Address: 17130 Overland Road,SW Official Tax No(s).: 1380103 Existing Base Zoning: El With Conditions INPUD,Institutional Planned Unit Development (If multiple zones,please manualy enter all districts.) p Without Conditions Ordinance No(s).for Existing Conditions(t applicable): Requested Zoning: INPUD,Institutional Planned Un ❑ With Conditions proposed Expansion of existing fadlity © Without Conditions Land Use: Name: (Roanoke Valley Swimming,Inc./Mr.Doug Fonder Phone Number. 397-0505 Address: IPO Box 4646 R Spoke VA 744015 E-Mail: Property Owner's Signature: k, a I ...r _v,....TAM Name: I Phone Number. Address: I E-Mait I J Applicant's Signature: Name: (Lumsden Associates,P.C. Phone Number. 774-4411 Address: 14664 Brambleton Avenue,SW Roanoke VA 24018 E-Mai: hboggess@lumsdenpc,com Authorized Agent's Signature: Zoning Amendment .w • Application Checklist 'The following must!be submitted for all applications: ROA N O K E V Completed application form and checklist. F Whiten narrative explaining the reason for the request. I— Metes and bounds description,if applicable, P' Filing fee. for ai rezoning not otherwise listed,the following must also be submitted: F Concept plan meeting the Application Requirements of item'2(c)'In Zoning Amendment Procedures. IFor a conditionahrezoning,the Sowing must also be submitted: F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. For a planned unit development,the following must also be submitted: rc Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehenstvesign.overlay district,the following mutt be submitted: F Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of profferedconditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. f Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. [For a planned unit development amendment,the.following must also be submitted: IR Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. 'For a comprebensivesigmoverlay amendment,the,following must also be submitted: F Amended comprehensive signage plan meeting the requirements of Section 362-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. [Fora proposal habrequires a traffic:iinpact etudylbe subinitted;t&the City,iheifolowing must aboibeatibindtsd F A Traffic Impact Study in compiance with Appendix B-2(e)of the City's Zoning Ordinance. 'For a,proposaijhat requires a traffic impact analysis Lila blittei to VDOGT,ttie+falTOwin mist also b&sutxnitted: F Cover sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions,if applicable. F equired fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.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. L A LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS LETTER OF TRANSMITTAL TO FROM. Kathryn Gray Howard Boggess Q)M?A`Y. DATE Qty of Roanoke 8/11/2014 ADDRESS. COMMISSION NUMBER. 215 Church Avenue 11-078 It TRANSMITTED BY Gator Aquatic Center ❑ Mail ❑ Express ® Messenger Nth't S/COMMEN S. For your use,attached please find one(1)copy each of our Development Plan and Inpud District Zoning Amendment prepamd for Roanoke Valley Swimming,Inc.,located along McNeil Drive,Gtyof Roanoke, Revised August 4,2014. Should you have any questions or concerns,please call. R€ae fitcthSL RECEIVED AUG 292014 ceps to NUANDKE PLANNING BUILDING Li Ste- . 4664 BRAMBLETON AVENUE,SW-P.O.BOX 70669-ROANOKE,VIRGINIA 24018-PHONE(540)774.4411-FAX(540)772.9445 E-MAIL MAILSLUMSDENPCCOM N Gator Aquatic Center City of Roanoke, Virginia TAX PARCEL NO.: 1380103 INPUD DISTRICT ZONING AMENDMENT PREPARED FOR: Roanoke Valley Swimming, Inc. ROANOKE, VIRGINIA fl i RECEIVED Amended August 4, 2 AUG 292014 Jul 3, 2014 CITY OF ROANOKE July PLANNNG BUILDING I Comm. No. 11-07E DEVELOPMENT I17rt,G I1IitLLIMSDEN ASSOCIATES, P.C. ± ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA TABLE OF CONTENTS Item Page 1. APPLICATION FORM & CHECKLIST 3 2. ZONING AMENDMENT NARRATIVE 5 3. DEVELOPMENT PLAN 7 4. VICINITY MAP 8 5. ADJOINING PROPERTY OWNERS 9 6. TRAFFIC IMPACT STUDY/ANALYSIS STATEMENT 9 7. SURROUNDING ZONING MAP 10 Gator Aquatic Center Page 2 2. ZONING AMENDMENT NARRATIVE The Applicant The Applicant, Gator Aquatic Center, operates a swim club and training facility with an enclosed pool situated between the Fishbum Park Elementary and James Madison Middle Schools, located along Overland Road. The Center features an eight-lane pool, locker rooms, a team room and a swim shop. The Swim Club was formed in 1988, and the Club's facility was originally conceived of in 1989 as an upgrade to the Fallon Park pool. For various reasons, the Fallon Park upgrade was determined not to be feasible, and the City agreed to lease the current property to the Club for $1 per year. The Center was constructed In 1991. The property was subdivided by the City in 2011 and conveyed to Roanoke Valley Swimming Inc, Physical Improvements The Applicant plans three individual additions to the existing building In the coming months. The first will be an expansion of the locker room facilities and a small multi-purpose room, the second will provide for the construction of an enclosed 31' by 60' teaching and aerobic exercise pool, and the third will expand the existing weight exercise area. The Applicant requests that the INPUD District within which the subject property Is located be amended to include these additions to the existing facility. The location and orientation of the building Is unusual, which presents certain design challenges. The existing building was established as part of the Fishbum Park / James Madison campus, and shares parking spaces with the schools. The entry facade of the building faces the center of the campus (toward Overland Road) while the rear of the structure faces McNeil Drive. By virtue of its unique location, orientation, architecture and function, the Center includes aspects of both the Public and Institutional and Suburban Commercial categories of the Roanoke City Urban Design Manual. Each of the three additions will be constructed to match the existing structure in materials and appearance. The locker room addition — the first planned — will be constructed of matching block. Windows are not anticipated in the locker rooms, and one or two windows may be incorporated into the multi-purpose room. The training pool addition will also be of matching block, but will incorporate large windows to allow natural light into the area, and present an appealing facade as approached along McNeil Drive. The third addition will likewise be primarily of matching block with some window area included. The locker room addition is intended to be as unobtrusive as such a footprint will allow, as it is functionally at the rear of the building, and by the nature of the space, needs to be private. Because the addition is on the side of the building that is presented to McNeil Drive as the 'front', new landscaping will be installed to mitigate the lack of transparency and 'back of the building'appearance. The training pool addition will enhance the public presentation of the overall building by introducing significant glass area to the structure. This will also help change the perception of Gator Aquatic Center Page 5 the facade facing McNeil Drive from being a back of the building' to being a 'side of the building.' By utilizing the degree of facade transparency associated with the Suburban Commercial guidelines, the addition will improve the facility's conformance with the Public and Institutional use group to which it is more closely aligned. As with the locker room addition, the weight exercise addition Is intended to be unobtrusive while Introducing some glazing to the building. The additions will require a new stormwater management facility to accommodate both quantity and quality control. It is anticipated that both functions can be accomplished within the area between the existing structure and the adjacent softball field on the James Madison portion of the campus. Parking As indicated on the Development Plan, the Subdivision Plat which created the Subject Parcel noted the existing 65 space parking lot between the Site and James Madison Middle School as shared parking, and an executed agreement between The Center and the Roanoke City Schools established the shared parking use. This amendment does not propose additional parking, due to a lack of available space and the considerable modification to the existing parking lot to accommodate an expansion that would result in a small number of new spaces. The Owners anticipate that Addition "A", the locker room expansion, will not result in additional traffic or parking needs, as the additional space is for the comfort and convenience of the existing users. Addition "B" will increase the user base for the facility, and based upon the Roanoke City minimum parking requirements, would require an additional 25 parking spaces. However, the Owners anticipate that the additional parking needs will generally not coincide with the peak traffic generated by Fishburn Park and James Madison schools, and that the existing shared parking arrangement will be sufficient for all parties. It is anticipated that Addition "C"will generate few, if any, additional users, as it expands training space for currently offered programs. Based upon the Owner's experiences, the primary difficulty with parking and traffic has been insufficient queuing space during morning drop-off and afternoon pith-up for the schools, making it difficult to reach the available parking spaces. Comprehensive and Neighborhood Plans An expansion of the Gator Center's training facilities will Improve the opportunities for high-level athletic training for aspiring swimmers and novices alike, and the ability to offer therapeutic exercise. The Applicant's proposed amendment appears to be consistent with the City's Comprehensive Plan and the Franklin Road/Colonial Avenue Neighborhood Plan as a part of the Institutional Planned Unit Development district. The expansion enhances the opportunity for neighborhood residents to access unique recreational and therapeutic indoor swimming. Gator Aquatic Center Page 6 110711rezt-exhibit b - vicinity %as f aiii 4r,-14 . '.' b -.1"1.- ak re 4% -c II li,y.41i C r ; ,zP7 1.4.1 ejlii-;:. 14- = ecir-DR„1/2 fEf ..,v*"6 i . EXHIBIT "B" 19„ vi;IF ipso- 5,' %Ie. r 1..tNA, !I_ * s T' r 4-kibt:Ep,,- st-DIA.,11114T1Ak , rt.. r,:. • S, '''%/414% kf rvEictiii itc?i- Went-h 1 L-14,rye •41,till W., ITS ,si;, ......—es " -10 0. .‘,c1:1 . . tip (jaw • 1:: I .4 r' 4 IC 1411140, ' * lw is WV.-e 2 AP: 4 *InaUR RD 1 e-.-'A•e - --I-• - 7.VA 1! ii,, 4- 1#04";11* z' 4t fie. 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" A— 4% ILIA f 1011* . :ZO 46 vv-II 1:iejli. raS P '1/4 *9 a etis r t1/4-' VICINITY MAP •ler is le, 4 a 1 4,1... FOR INPUD DISTRICT AMENDMENT e . '. 4 ..", . i 4-._ GATOR AQUATIC CENTER _,4 z- , ,- itso 1130 OVERLAND ROAD,SW I - • r LOCATED ALONG MENEIL DRIVE I,: 11 ,i • . 1.111 .1 41 TAX PARCEL 1380103 &M SOURCE: CITY W ROANOKE as CITY 'F ROANOK VIRGINIA DATE: July 3,2014 = LUMSDEN ASSOCIATES, P.C. SCALE -- ENGINEERS-SURVEYORS-PLANNERS comm. NO.. NO SCALE — ROANOKE, VIRGINIA 11-078 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 P.O.BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24018 E-MAIL:MAILBBLUMSDENECCOM wAdrawIngs‘2011‘110711‘rszone%11076retldwg 5. ADJOINING PROPERTY OWNERS `- it_®s ,.' '�;�t j. � �} °.fi1'. I���--- 7 _ gall _� "''���" t., r,ty it ,� _ �., ' „ r '' I '�1 T '' Say. 1 ' nsi 1 .. i� // ` : l& 1 J _ �` ' �f;l et l 4 {\{\ 1 iMi �r1 t� j L ate �a `e { `P\P: Jew " /� ,e/:e !For Ta' / Name , Tax Map Number Zoning City of Roanoke 1380101 INPUD 6. TRAFFIC IMPACT STUDY/ANALYSIS STATEMENT The proposed locker room (Addition "A") and weight training room (Addition "C") are intended for the benefit and comfort of existing club members, and in and of themselves, are unlikely to result in any additional traffic demands. The proposed training pool addition (Addition "B") will generate an increase in users. However, any increase in user numbers is expected to be modest, and will continue to be during off-peak hours and weekends. The ITE Trip Generation Manual provides cautious guidance, as the closest similar use, Health/Fitness Club(492)uses a small sample size, with just a single sampled facility of comparable size. Using the P.M. peak hour average rate of 4.06 for Average Vehicle Trip Ends vs. 1,000 sf Gross Floor Area yields an existing volume of 46.5 trips and a proposed volume of 66 trips. Based upon this volume, it is not anticipated that a traffic study is needed or warranted. Gator Aquatic Center Page 9 • 11O7Brez1-•Rbibit c - zoning Craa EXHIBIT "C" ROS . .1 ! CCil RMF (c) ...5 '?..:r.. . MX ! f s or RM ,. , 1 SITE , • RJ5 - " "'' . 14• '- {. y t lit...., �}[' ° . a�-. INPUD .. f13\Y, !,�j ts1 .e. y i. I •? •• r f ., ■iP°„ ♦iF t g1 tmot�a • + • 1 T' d N 13313 fy s . ,! 21024 Ice ,tits r S f MKPU En i It 11 4 ! IC e .,, ; , • 14. ....:- - , i.°.. 1 —1 . 1r.: .. 3_' - tI . I 'li1l I1is a I s, ( : ' 1 4 • l• t1 MXPUI k 0 . ( [rS SI• I:1 t MXPLI D s H., , )• tP1 z 1 IL;t1 i. Li.c u :tij•ii;."? :' • �s t7. 'i 14 i..0�� ye2t{..1 y, r 1 < . 1,-. let SURROUNDING ZONING MAP FOR INPUD DISTRICT AMENDMENT r = GATOR AQUATIC CENTER 1. 1130 OVERLAND ROAD,SW LOCATED ALONG McNEIL DRIVE - TAX PARCEL 1380103 IYMG'SOURCE CITY OF ROANOKE CIS CI OF ROANOK VIRGIN A DATE: July 3,2014 = LUMSDEN ASSOCIATES, P.C. SCALE' - ENGINEERS-SURVEYORS-PLANNERS NO SCALE -- ROANOKE, VIRGINIA comm. NO.' 11-078 4664 BRAMBLETON AVENUE PHONE:(540)7744411 P.O.BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24018 E-MAIL:MAII )LUM5DENPCCOM r: dravinga\2011\11076Vazana\11078raztdWg \ ! SITE AND ZONING TABULATIONS QIEWWAY RELOCATION NOTE THE RELOCATION SHOW IS TO MAINTAIN ME DOSTNC I EXHIBIT "A" • SUBECT PACE INC 138Oa CONNECRW TO THE WANK LOT. THE OWNER MILL RELOCATE SHLURN PARE 41 THE 4TEENWAY TO M ALTERNATIVE COMEC11cN POINT IF ONE IS . CURRENT ZONING: IWUD ELEMENTIRY • SUE ACREAGE: 1.3654 AC. (FROM RECORDS) DRIIFTD AND APPROVED BY 11E CITY OF BONNIE. ) / SCHOOL z MNUM LOT AREA REOUIER PER DEVELOPMNT PLAN \ T- fff X. MINIM FRONTAGE REWIRED: PER DEVELOPMENT PLAN \ \ \ l 1 I I O I fl 1 TI TI l\ • MINDEN REWIRED SEMACC FRONT, SIDE a REAR YARDS PER DEVELOPMENT PLAN i MNO ADMUM ME ALI OWED: PER DEVELOPMENT PLAN • MAXIMUM IPERMOR SURFACE RATE BOX OF LOT AREA `.� \ o PROPOSED MPERMOUS SURFACE RATIO 40.7% _ `�'J EXIST. V . MOM EASEMENT 2 MIWIUM TEE CANOPY: 10N OF LOT AREA \ (/ \\ FOR GREENWAY(PER e SHE AREA: 50,476 W 0.3654 AC) ` `� -- ©--/C2, INST. /NWr1644) i CANOPY COVERAGE MORROW 5,848 SF IC MINIMUM PARKING REOMEMENT: PER DEVELOPMENT PLAN \ \A' 1 . THE SUMMON PUT CREATING TRACT'A'(THE$UBLECT J -.I-� \ PARCEL.).PREPARED FOR TIE CITY W ROMEO!BY WW P.C. \ --- F' \� _ 5,---. DATED SEPIEYBFA 19, 1011. LOT AS BT/I1a11644,NOTES THE \✓^,I yAI I -'�\ f,r \ 1\H'1♦, EASING as GAGE PARING LOT AS BEING SNARED u I I I I I 14 1I I I/ ♦ �N 0,y \�\\\ PROPOSED ADDITIONS 70 FACILITY. \ \ b"`` 'A' - 16'462 LOCKER ROOT MANSON I E . b'- 62262 VI MM WATER A TMNG POOL • •- E .- ♦lll[♦ \tte♦♦ 'C' - 42A42 (APprm.)WORN'RMETIC ROOM 'i/, �4c=+nINY; \\AROIIIEGTURAL REOUpMENib Fat ADDITION& VE ff .Ir� I• EXISTING -I '�'`7 N ALL AOERCNS: ARORTER ADDI FORM. MATRICES.COLORS MD ETAlS F ,SKILL MATCH MD CO PLEMENT TE EXISTING SIRUCTRE ) y0 GATOR AQUATIC �� \ ` \ \ MASMRY SHALL FIE SPLJT FACED BIAIX TO MATCH ENSING % CENTER AiO:B ' .. ' '. \ SIRUCRRE. �/+i'A' - ENDOW WILL BE Wien TO THE WL11-PURPOSE ROM WE TO l I y \PRIVACY REWIREDE ITS N LOWER ROM DE HURT S ALL NOT t� 11 30 OVERLAND ROAD WEED TS'ABOVE FINISHED GRADE. I \ TAX#1 390)03 it a'B' - %E TEE EXPOSED T LEST 50%TRA11M 9ULL I DE t.1RGE I / % \ / 1 • 11ND0113 PROVIDING AT LEAST or 50R TRANSPARENCY ON AID /Y . _✓/[,`r'36T'/; SOUTHEAST FACING WALL,AM AT LEAST 33%IRMSPAIENCY M TIE I-I I \, ,\ AD[NTIDN UA� 'F N \ NORTHEAST MD SOUTHWEST FACING WALLS. MAMMUM WONT SHALL _y_ : I.,7 4— EX W-'s-- E NO HOER TARN TIE OWING STRUCTURE AND WILL UGLY NOT E?T I ■owes. F 1Y . \ FIRMED 18'ABOVE nine GRADE 'E cI INEN I.�4FRSRRY L (,r 7 ' r""111 1\ 'C -THE NORTHEAST AM SOUTHWEST FACING WALLS SHALL NOIRE ' ; NEE(IW.),A N A \ WINDOWS PROMDNG AT LEAST 33X TRANSPARENCY MD TIE ( y .JL 'A4 ;. ..t`' •' _ 2 Y� NORTHWEST FACNG WALL SWILL NCWOE AT LEAST 25% I - T. TRANSPARENCY. MAXIM NOWT SHALL BE NO HOUR THAN THE EDIT. 20'EASEMENT ; �.' f i_ _ OW FUN ;--r � aDOSING STRICTURE, MD MLL LIKELY NOT EXCEED 15'ABOVE FOR GREENWAY({ER - . • �--. ; �-SEND--= '-''--' `'�- R PMSHED GRACE. NST. /110071644) / �•i,1 .// ° q • w86CAPNC RECUT/DENTS FOR ADDITION& X /V --/ a McNEIL DRIVE To MUSE RETIRE 8 ALONG'MTH MEETING DE AVENUE TREE CMOPY RECIU IRT FOR DE STE ME FOLOWINO AO0TWAL PLATING RECORD/ENE 91AU.APPLY FOR -'' . • EACH Carnal: i /' T. A' -FOUNDATION SHEA PUN1NGS SHALL E INSTALLED ALONG DE /�// SVU11ESu FACE OF THE AOM11O!AID DIMING MEOW M 3' DEVELOPMENT PLAN R ITIIERS AM)A MNYUI OF FOUR UNOERSTDRY DECIDUOUS TREES. J,. FOR INPUD DISTRICT AMENDMENT 'B'- FOUNDATION SNR PLANTINGS STAN E PETALLED ALONG THE / VIRGINIA WESTERN 2 SOTFEAST AND SOUTHWEST FACES OF THE AopTION ON 3'COWERS, COMMUNITY COLLEGE GATOR AQUATIC CENTER NO A MOUNT GE FOUR UCS SMALL OEII flU TREES. /' 1130 OVERLAND ROAD,SW ........ 'C- FWIDATION SHRUB PLANTINGS SALL E INSTALLED AIME DE • 5G' O 50' LOCATED ALONG MCNEIL DRIVE 6,:. NORTHEAST NO SO111MESF FACES OF THE ADDITION M 3'CRTEFS, , AND A MINIMUM OF THEE UNDERWENT DECIDUOUS TREE / SCALE 1' - 52 RECEIVED 7 liy 3,2014 o DONE TT? DA LUMSDEN ASSOCIA 1 ES P.C. 4664 BRAMBLETON AVENUE PHONE:(5401774-4411 L-..li $ i ENGINEERS SURVEYORS PLANNERS P.O.BOX 20669 FAX:(5401 772-9445 `N0 AUG E Y 20N 1M° 11-078 ` s - -- ROANOKE,VIRGINIA ROANOKE,VIRGINIA 24018 E-MAIL:MAIL @LUMSDENPC.COM =ALE, CRYOFROANa1 Wy i PLAM'NGBNDIIUB 1'=50' M i / OEVEDM®!F WINS TAXID MailAddress MailCity MailState MailZip Ownerl 1280101 1049 CLEARFIELD RD SW ROANOKE VA 24015 SIBLEY RANDOLPH S 1280102 1045 CLEARFIELD RD SW ROANOKE VA 24015 BURTON CHARLOTTE M 1360109 2236 SEWELL LN SW ROANOKE VA 24015 SCHARNBERG CHARLES J&HIMEL SHELLEY 1360110 2350 ROSS LN SW ROANOKE VA 24015 RORRER WILLIAM C&DOLORES B 1360114 2250 SEWELL LN SW ROANOKE VA 24015 SARVER BRIAN E 1360115 2238 SEWELL LN SW ROANOKE VA 24015 ENTINGH MERIDITH B&DANIELJ 1360135 2265 SEWELL LN SW ROANOKE VA 24015 CANOVA ROBERT F&NANCY F 1360136 2258 SEWELL LN SW ROANOKE VA 24015 JOHNSON CHARLES R 1360203 1121 WELCH RD SW ROANOKE VA 24015 RAIKES PHYLLIS L 1360212 PO BOX 248 VINTON VA 24179 MARTIN DONALD L 1360301 215 CHURCH AVE SW ROANOKE VA 24015 CITY OF ROANOKE 1360307 202 S JEFFERSON ST SE ROANOKE VA 24011 MADISON FIELD PROPERTIES LLC 1360308 202 S JEFFERSON ST SE ROANOKE VA 24011 MADISON FIELD PROPERTIES LLC 1360309 202 S JEFFERSON ST SE ROANOKE VA 24011 MADISON FIELD PROPERTIES LLC 1360403 1136 WELCH RD SW ROANOKE VA 24015 CONNOLLY CARYL 1360404 2218 SORRELL LN SW ROANOKE VA 24018 EADES RAYMOND G 1360406 1135 CLEARFIELD RD SW ROANOKE VA 24015 RUPPEL RANDALL A 1360408 1124 WELCH RD SW ROANOKE VA 24015 REED MARCUS ANTHONY 1360410 2835 BLUEFIELD BLVD SW ROANOKE VA 24015 NGO LILY THI 1360411 1120 WELCH RD SW ROANOKE VA 24015 STONER GAYLE C 1360412 1130 WELCH RD SW ROANOKE VA 24000 SHERMAN JAMES M JR& LINDA S 1360413 1120 WELCH RD SW ROANOKE VA 24015 STONER GAYLE C 1360414 1115 CLEARFIELD RD SW ROANOKE VA 24015 STANFILL JOSEPH.' 1360415 1109 CLEARFIELD RD SW ROANOKE VA 24015 DENTON THOMAS D&JEAN F 1360416 1121 CLEARFIELD RD SW ROANOKE VA 24015 WRIGHT F DANIEL&CYNTHIA D 1360417 1127 CLEARFIELD RD SW ROANOKE VA 24015 ASHFORD KATHYE L 1360419 1135 CLEARFIELD RD SW ROANOKE VA 24015 RUPPEL RANDALL A 1360420 2318 MARTIN LN ROANOKE VA 24015 DOMURAT FRANCES W 1360501 1168 CLEARFIELD RD SW ROANOKE VA 24015 VIAR JULIE HAXTON 1360502 1156 CLEARFIELD RD SW ROANOKE VA 24015 MOFIELD LAURA E 1360503 1146 CLEARFIELD RD SW ROANOKE VA 24015 HAXTON FLOYD A ETALS 1360504 1134 CLEARFIELD RD SW ROANOKE VA 24015 SARSFIELD VADA C 1360505 1103 OVERLAND RD SW ROANOKE VA 24015 PHILPOTT ROBERT W&JOY D 1360506 1114 CLEARFIELD RD SW ROANOKE VA 24015 HODGKIN JOHN D 1360507 1122 CLEARFIELD RD SW ROANOKE VA 24015 HARDY KIMBERLY L 1360508 1164 CLEARFIELD RD SW ROANOKE VA 24015 KARR CHARLES A& PINKARD DONNA P 1360509 1156 OVERLAND RD SW ROANOKE VA 24015 TRS FIRST CH OF CHRIST SCIENTIST 1360510 1108 CLEARFIELD RD SW ROANOKE VA 24015 KLOTZER RICK L&DEBORAH T 1360511 1133 OVERLAND RD SW ROANOKE VA 24015 MCCOY F MICHAEL&EMILY D 1360512 1111 OVERLAND RD SW ROANOKE VA 24015 KELLAM ELAINE P 1360513 1143 OVERLAND RD ROANOKE VA 24015 BURRIS DAVID 1360601 1052 CLEARFIELD RD SW ROANOKE VA 24015 GLASCO DAVID L&LAURA E 1360602 294 PULASKI MINE RD BUCHANMVA 24066 CONLON MICHAEL&SANDRA HAMMOND 1360603 1028 CLEARFIELD RD SW ROANOKE VA 24015 ROBERSON DESTACY 1360604 1035 OVERLAND RD SW ROANOKE VA 24015 VEST MARY F 1360606 1031 OVERLAND RD SW ROANOKE VA 24015 OMANOVIC AGO&HAJRA 1360607 1027 OVERLAND RD SW ROANOKE VA 24015 CLEMENTS PHILIP SEAN 1360608 1021 OVERLAND RD SW ROANOKE VA 24015 DOOLEY MATTHEW S 1360609 1017 OVERLAND RD SW ROANOKE VA 24015 PARSONS 1 R& ILA K 1360610 1017 OVERLAND RD SW ROANOKE VA 24015 PARSONS J R&ILA K 1360611 1005 OVERLAND RD SW ROANOKE VA 24015 REXRODE MARY ANN 1360612 1001 OVERLAND RD SW ROANOKE VA 24015 SHORT TAMMY A 1360615 2914 BLUEFIELD BLVD SW ROANOKE VA 24015 WHITE MARY EVELYN 1360616 PO BOX 127 PENHOOK VA 24137 THE MARILYN 8 HOOKER TRUST 1370201 3077 COLONIAL AVE SW ROANOKE VA 24015 CITY OF ROANOKE (FISHBURN PARK) 1370202 215 CHURCH AVE SW 00000 CITY OF ROANOKE 1370601 171 FOREST DR SALEM VA 24153 MIGLIARESE TIMOTHY M 1370602 2279 BRAMBLETON AVE SW ROANOKE VA 24015 WHEATON WALTER L III&RACHEL H 1370603 PO BOX 988 ROANOKE VA 24005-098.MILLER JOHN H , !. 1370604 2299 BRAMBLETON AVE SW ROANOKE VA 24015 GREENE MICHAEL S&LINDA SAGE 1380101 3139 COLONIAL AVE SW ROANOKE VA 24015 CITY OF ROANOKE (JAMES MAIDSON SCHOO 1380101 3139 COLONIAL AVE SW ROANOKE VA 24015 CITY OF ROANOKE(JAMES MAIDSON SCHOO 1380102 215 CHURCH AVE SW 250 RM ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA STATE BOARD 1380102 215 CHURCH AVE SW 250 RM ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA STATE BOARD 1380102 215 CHURCH AVE SW 250 RM ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA STATE BOARD 1380102 215 CHURCH AVE SW 250 RM ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA STATE BOARD 1380102 215 CHURCH AVE SW 250 RM ROANOKE VA 24011 COMMONWEALTH OF VIRGINIA STATE BOARD • 1380103 PO BOX 4646 ROANOKE VA 24015 ROANOKE VALLEY SWIMMING INC 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD 1380201 3054 COLONIAL AVE SW ROANOKE VA 24015 COMMONWEALTH OF VA STATE BOARD Gator Aquatic Center City of Roanoke, Virginia TAX PARCEL NO.: 1380103 INPUD DISTRICT ZONING AMENDMENT PREPARED FOR: Roanoke Valley Swimming, Inc. ROANOKE, VIRGINIA July 3, 2014 Comm. No. 11-078 L � LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA TABLE OF CONTENTS Item Page 1. APPLICATION FORM& CHECKLIST 3 2. ZONING AMENDMENT NARRATIVE 5 3. DEVELOPMENT PLAN 7 4. VICINITY MAP 8 5. ADJOINING PROPERTY OWNERS 9 6. TRAFFIC IMPACT STUDY/ANALYSIS STATEMENT 9 7. SURROUNDING ZONING MAP 10 Gator Aquatic Center Page 2 ... a .ti 1 , ",„,:,h - .- ';rye",#�1'"7?. :t A � �* y )/j 0 tn`� l fi`y h,' i.,„,,,„,., ,. ,. L_,"l._ 1,. i... �a...- .j ...it{ax 'i4t'"t-.?Y A9. a:. Department of Planning,Building and Development RECEIVED ROA N O K E Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. JUL 3 /LA Roanoke,Virginia 24011 t '.d b R Phone: (540)653-1730 Fax: (540)853-1230 CITY OF ROAM. hF PWJNINGBUS Ann n� Date: Jul 3,2014 Submittal Number. Original Application ,f ❑Rezoning,Not Otherwise listed ❑Amendment of Proffered Conditions ❑Rezoning,Conditional 0 Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District rhillidiThrgirilaii 1 Address: 11130 Overland Road,SW Official Tax No(s).: 1380103 — Existing Base Zoning: ❑ With Conditions if multiple zones,please manually enter all distr cts.) INPUD,Institutional Planned Unit Development © Without Conditions Ordinance No(s).for Existing Conditions(If applicable): ❑ With Conditions Requested Zoning: INPUD,Institutional Planned Un Without Conditions land Usse: Expansion of existing facility __.,,,. Name: R.!Ike Valley Swimming,Inc./Mr.Doug Fonder Phone Number. 397-0505 Address: PO B. ' oano VA 24015 E-Mail: Property Owner ca.n re: Name: Phone Number. Address: E-Mall: Applicants Signature: Name: Lumsden Associates,P.C. Phone Number. 774-4411 Address: 4664 BrambletonAvenue,SW Roanoke VA 24018 E-Mail: hboggess@lumsdenpc.com ell s. . Alete 1 Authorized Agents Signature: s x Nt Zonin" xA M e � • ,' ° i°�� f'' ©_� �. alga .`j , , r, w .pp,.. ,,.o Ylatti,,,41:4114*KCV ROANOKE f7 Completed application form and checklist. 17 Written narrative explaining the reason for the request. F Metes and bounds description,if applicable. Fang fee. a+rozoninO n •o" rA,A.Lfl f e w " must 'o a su F Concept plan meeting the Applcation Requirements of item'2(c)'in Zoning Amendment Procedures. 17'7 coil ,`CTU .-ia, e , G '2~ r so samba) F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c}'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. ara a nno uit iivi" ®me I7 Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. arac�omen m s g onilry;dfseie__�51i�igmustmTIM� r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. Foraan(amondr nt of prof oF�red condl�ons, i " "must' ni6'mftt'a.: Amended development or concept plan meeting the Appication Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance, crap anno gun opmerh:tmendme- me follow(ng also be su�idd ._ iiiiY581` .a'v.a,s;::; .�+,.c 4.,ua:.vs s a.m'^my,�acta'�a°eFa. vreatinxW.Y. 17 Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F opy of previously adopted Ordinance. �Fpn of rehen�siw aign ovor4ay,mwndment the follovng musts be s binited F 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. Rif a Pfliolli that requires a traffic Impact study be submitted to the City,the loTlowing must also be submitted: j F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a pfaposal thai radiates a traffic Impact anafyais be,subifiktei�to:VEICF ffieIfoftowirig must also be thbrnitted:'] F Cover sheet. F Traffic impact analysis. r Concept plan. F Proffered conditions,if applicable. F Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. 2. ZONING AMENDMENT NARRATIVE The Applicant The Applicant, Gator Aquatic Center, operates a swim club and training facility with an enclosed pool situated between the Fishbum Park Elementary and James Madison Middle Schools, located along Overland Road. The Center features an eight-lane pool, locker rooms, a team room and a swim shop. The Swim Club was formed in 1988, and the Club's facility was originally conceived of in 1989 as an upgrade to the Fallon Park pool. For various reasons, the Fallon Park upgrade was determined not to be feasible, and the City agreed to lease the current property to the Club for $1 per year. The Center was constructed in 1991. The property was subdivided by the City in 2011 and conveyed to Roanoke Valley Swimming Inc. Physical Improvements The Applicant plans three individual additions to the existing building in the coming months. The first will be an expansion of the locker room facilities and a small multi-purpose room, the second will provide for the construction of an enclosed 31' by 60'teaching and aerobic exercise pool, and the third will expand the existing weight exercise area. The Applicant requests that the INPUD District within which the subject property is located be amended to include these additions to the existing facility. The location and orientation of the building is unusual, which presents certain design challenges. The existing building was established as part of the Fishbum Park / James Madison campus, and shares parking spaces with the schools. The entry facade of the building faces the center of the campus (toward Overland Road) while the rear of the structure faces McNeil Drive. By virtue of its unique location, orientation, architecture and function, the Center includes aspects of both the Public and Institutional and Suburban Commercial categories of the Roanoke City Urban Design Manual. Each of the three additions will be constructed to match the existing structure in materials and appearance. The locker room addition — the first planned — will be constructed of matching block. Windows are not anticipated in the locker rooms, and one or two windows may be incorporated into the multi-purpose room. The training pool addition will also be of matching block, but will Incorporate large windows to allow natural light into the area, and present an appealing facade as approached along McNeil Drive. The third addition will likewise be primarily of matching block with some window area included. The locker room addition is intended to be as unobtrusive as such a footprint will allow, as it is functionally at the rear of the building, and by the nature of the space, needs to be private. Because the addition is on the side of the building that is presented to McNeil Drive as the 'front', new landscaping will be installed to mitigate the lack of transparency and 'back of the building' appearance. The training pool addition will enhance the public presentation of the overall building by introducing significant glass area to the structure. This will also help change the perception of Gator Aquatic Center Page 5 the facade facing McNeil Drive from being a 'back of the building' to being a 'side of the building.' By utilizing the degree of facade transparency associated with the Suburban Commercial guidelines, the addition will improve the facility's conformance with the Public and Institutional use group to which It is more closely aligned. As with the locker room addition, the weight exercise addition is intended to be unobtrusive while introducing some glazing to the building. The additions will require a new stomiwater management facility to accommodate both quantity and quality control. It Is anticipated that both functions can be accomplished within the area between the existing structure and the adjacent softball field on the James Madison portion of the campus. Parking As indicated on the Development Plan, the Subdivision Plat which created the Subject Parcel noted the existing 65 space parking lot between the Site and James Madison Middle School as shared parking. This amendment does not propose additional parking, due to a lack of available space and the considerable modification to the existing parking lot to accommodate an expansion that would result in a small number of new spaces. The Owners anticipate that Addition "A", the locker room expansion, will not result in additional traffic, as the additional space is for the comfort and convenience of the existing users. Addition "B" will increase the user base for the facility — however the Owners anticipate that the additional parking needs will generally not coincide with the peak traffic generated by Fishbum Park and James Madison. It is anticipated that Addition "C" will generate few, If any, additional users,as it expands training space for currently offered programs. Based upon the Owners experiences, the primary difficulty with parking and traffic has been insufficient queuing space during morning drop-off and afternoon pick-up for the schools, making it difficult to reach the available parking spaces. Comprehensive and Neighborhood Plans An expansion of the Gator Center's training facilities will improve the opportunities for high-level athletic training for aspiring swimmers and novices alike, and the ability to offer therapeutic exercise. The Applicant's proposed amendment appears to be consistent with the City's Comprehensive Plan and the Franklin Road/Colonial Avenue Neighborhood Plan as a part of the Institutional Planned Unit Development district. The expansion enhances the opportunity for neighborhood residents to access unique recreational and therapeutic indoor swimming. Gator Aquatic Center Page 6 a SITE AND ZONING TABULATIONS EXHIBIT NAIL E SUBJECT PARCEL TM P. 1380103 I ISHBURN PARK amen.WEND HNC I ELEMENTARY • STE ACREAGE 1.3654 A6(FROM RECORDS) ) / SCHOOL 3 MNIATA LOT AREA RECURRED: PER DEVELOPS/NT PIM \ Ti 7 WNW/FRONTAGE REQUIRED: PER OE`A!LO'MERR PLAN g \ waaIT,SDE REM YARDS PER DE CNOITPLM ` T I TI T �I 4 WSW MANION maw ALLOWED: PER DEVDOPLENT PLAN 8 MAMA WERMaE SURFACE RATIO SOX OF LOT MEA ,��. ° EXIST. VAR. NOM EASEMENT F PROPOSED RPERVIaE SWAGE RATIO 467E WWI TREE CANOPY: 101E OF LOT ARE \ FOR(XE:NWAT(PER STE MEM 69,476 s(1.3554 AC) \ Q Ra y INST. /110011644) CANOPY COYERA&REWIRE: 4946 SF Ili \ --Lf6ElY PARING REDIRRFR1NT: PER MELON/ENT PLAN \ \' I LEE s1RMIMSON PLAT CREATING W•A• SELECT PMal).PREPARED FOR TIE aIY 6 ROM3¢eY UAW P.C., \ \ ice--�� -- �:.:. S ° DATED SEPTEMBER 29,201, INSERUTENT 010011644.NOTES TIE \\ / WIC. E%STWC 65 SPACE PARIONO LOT AS BEING SHARED \ \ / ��\� \4:' PROPOSED MUM TO FAC6m: �\ \\‘\ 1 �'' I I I�II I 11/ e -J 1 �T.�. \ ' .� r - �\\ •A•-161>60'LOCKER RCM WANSNN \ \ •/ 66�� , ``'NY t . \ g-DOW'WARM WATER WARING PO0. \ , N. \ = a.- - .lRll� `tRR, A ,' ` •C- 4O'.4C(A14Tm)WIGHT TRAINING 8001 \ \ t "TAPS \- ARa61ECTRAL REa11RElENTS FGR AOaTONS: \\',\FBREeE A\OY4676ENT uT { EXISTING . i ALL ADDIWaI, ARCNruTURAL FOR. MATERIALS, COLORS ME DETMS \\ \ \OEDIINI(APPR0.Y� GATOR AQUATIC _S OIL MAT'OH AND COMPLDIENT TIE DOONO STRICTURE \ \ \ \ \ MASONRY SHALL BE SPLIT FARED BLOCK TO MATCH E)OSTING \\ \\ CENTER AO:nIA \ \ , •A•-WIDOWS WI BE LIMITED TO DE 101.11-PURPOSE ROOM DUE TO \ �� B A 1 ,1\ PRIMACY RE8URDEETS IN L00ER ROOM. LW HEIGHT SHALL NOT 1130 OVERLAND ROAD / N\\' \( EXCEED 1s ABDVE RIVED GRADE \\ \\ 4 , TAX#1380103 / /I \ ■ IC-THE THEE EIPOSED SEES OF THE ADd1N1N SHALL INCLUDE LARGE \ y�SI i 1 FO RIM 1 i I SOUTEAST FA[ac AT WALL, MD LEAST 335335 WANHSPAIWICY ON TIE \ \ I I I\ E N • N.1' I I I \ NOR11EAST ANC SanHUEST FAOIO WAILS MMRIW HEIGHT SIMLL �_ 1___71 .�I ' IX w-} • ADDII1ON A Ir. 1 Y \ BE NO HIDER THAN lit D65TIC STRUCTURE.AND ELL may NOT er —\,��-1{ Tr'�pw 6 EARQ---'_ \ /� N w, EXCEED IOU ABOVE fI69ED aEAOE \\\ T �''�[L(g61�/saes . +.-,-- "rJi 9BR@.S �.- A ,\ •C -TIE NCl/BEAST AND eInNYEST FACING WALLS 91AU-INCLUDE \ I V i ', E 1 A. 0G, WIDOWS PROMOMO AT LEAST 335 TRANSPARENCY AND 111E y„r/�rjC �:.i ea. . .'L><,. _ ■. �1 1 r� NORTHWEST PACING WALL SHALL T INCWIE SHALL AT LEAST 1455 DISE 10'EASEMENT \ i e Aor 0�6 • ----- 1RANSPARFNCY. YAIWRY HEIGHT SHALL BE NO HOER THAN THE set —=3 -- —`� COSTING STRUCTURE.AND WLL LIVELY NOT EXCEED 16'ABOVE MR GRRE£NNWAY(PER I / ° �� w MISER GRADE EST./110011644) A LANDSCAPING REQUIRE/EMS S FOR ADnTws ! ` MCNEIL DRIVE TO COLOIAL AIMS p ALONG WTN MEETING THE MMUS'TREE CANOPY REONESENT FOR DE 7'� /\ 27 91E, TE FOLLAYNC ADDMONAL PVN1NG RESUMER/EMS SHALL APPLY FOR / 4 EACH ACENWI: //, a •A•-A ROW OF LARD:EVERGREEN SHRUBS Will A Y111MW HEIGHT OF 2' .- - DEVELOPMENT PLAN AT TIME Of RANTING.SHALL BE INSTALLED NANO McNEL DRLE. AS • 1 3 SEWN.CN 4'camas. J' VIRGINIA WESTERN FOR INPUD DISTRICT AMENDMENT g13•-FOUNDATION SHRUB PLANTINGS SHALL BE INSTALLED ALONG THE /% COMMUNITY COLLEGE GATOR AQUATIC CENTER SOUTHEAST MID SOUTHWEST FAGS OF TIE MOTION ON r OTHERS. 1130 OVERLAND ROAD,SW 'C-FOUNDATION 966E PLANTINGS SAL BE INSTALLED ALONG TH /' 80' 0 50' • n LOCATED ALONG McNEIL DRIVE WORTHIEST AND SOUTHWEST FACES OF THE MOWN ON 3'CENTERS /• ® TM PARCEL 1380103 SCALE: 1•- 50' CITY OF ROANOKE,VIRGINIA PI 7 7W�c. N� .i.C� DATE July 3,2014 - / LUMSDEN ASSOCIATES,ESN P.C. 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 0 i ENGINEERS-SURVEYORS-PLANNERS P.O.BOX 20669 FAX:(540)772-9445 COW.NO 11-078 a ROANOKE,VIRGINIA ROANOKE,VIRGINIA 24018 E-MAIL:MAIL @LUMSOENPC.COM BCKE, 1'-50 e.• • 11078rezt-exhihit b - vicinity . & ► ; a r/2 .* 7 4'ill J 1. A eS.'w`b-. Sa'- 1W 'r 1N'! 1- ; f.-.,{ EXHIBIT "B" �R/ — tit -t `s> , -. ?.s1-o\ . Viz- - • : - .�( 8URRD 5c S. ''' ?4Y ,7 a.-4'r*a i 41' ~ '' it; 41- 'PEA! e *ai - —n en r.. p� 2 : ;44%14 O 1', 41R t�� le ry o " ar,c: FR t 1 A. ,.. ar.�. . v Q ,-r,0., c -' v{� p % ,.. .Q ,VIN PARK � � SKI' '"RN '',,'',+ tw.. `. -'".i;4 ,Y? C iv -A iffr Jr •fior P I. x °� q ., f a� �.. � lr-- ti _i�\� ��5� '1) tdt a,ao ,t,-� cilIS . ��(rre G 'i . . . lic" % , 1 at �r t 19;\:' tspe tr "t 1' ^ Q r r 7f; z ' fps p 0 i RY 1 +fie ♦ r 3 K y rr �'': ti . `ti `. `a-L as r1j Az“ ,,t , `.v ,..7- VICINITY MAP l • 4, ^ 'rs i ' FOR INPUD DISTRICT AMENDMENT ir �; 4 q � GATOR AQUATIC CENTER 1-' i'ka `' 1130 OVERLAND ROAD, SW e r ` LOCATED ALONG McNEIL DRIVE as - TAX PARCEL 1380103 IMAGE SOURCE GIY OF ROANOKE' GS CITY OF ROANOKE VI' N DATE: July 3,2014 LUMSDEN ASSOCIATES, P.C. SCALE: NO SCALE ENGINEERS—SURYEYORS—PLANNERS COMM. No-, ROANOKE, VIRGINIA 11-078 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 P.O.BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINLA 24018 E-MAIL:MAIL®LUMSDENPCCOM w:\drewlnQa\7011\11078\rezone\11078rezt.dw0 5. ADJOINING PROPERTY OWNERS • C' r N R yid. 10- l c iCtib S,110 wdy' f ,ti953n •p F \� ,p " 4 r•� P+S' l�•C3' �p nib . y s° n.>4 p e K DR ja° �3 4 .- �� + .i. `i* • „liziatot .4 Name Tax Map Number Zoning City of Roanoke 1380101 INPUD 6. TRAFFIC IMPACT STUDY/ANALYSIS STATEMENT The proposed training pool and weight exercise room expansion additions may result In an increase in users. However, any increase in user numbers is expected to be modest, and will continue to be during off-peak hours and weekends. Therefore, it is not anticipated that a traffic study Is needed or warranted. Gator Aquatic Center Page 9 • 11078r•a1-exhIbit 0 - zoning . QED EXHIBIT 11C11 ROS !rte �yp' ( 1.. Y - ed RMF (O `. . ♦.� . am. f • . ♦.s.fl ® f 1 7, 4''' MX #t�.*411"Kf"(Wt1'`F,µ, r I. 0"'.' 4(,� � t : 1 � rl1 SITE*; ti :,„,p, .„ R.(�' :� t(e.Fv t tli K.l 3 �rr „ ,.,4,1:,- _„,,,,,„. ,,,„; '€ ,..” " .pl i:,,1� 1 { 1 �I �iFtt -"f y 4 < ' Tie Y° .1 <_ i . _' i . I '. 1 ' ' ' 11 INPUD `' p , #�1{^A't � a .,7' ' Gi , 0, ,-41,1'.d :lr. a 1 ity,Cs--,{I .EI -1 ' ff\ f I� 11aIl1t , .I�P,01 5 1 , #1� k - . a 1h f?e or. 1,. i.:0,.....! '°`D� 111 I 4 4i . R ry a M 'Y ,q VP-f rt 1. , y t 11 I a j t•li ;3?:-.:',:t 1If «�at - r' ` � 1C 9 {, pre' 'i 1,4'4;, 11+ i.✓' '{ I P- i 1ES I , r c{ I` r(? ' r t y. 1 1 kith S.' 1 1f1 .i1 4 e1.- q r 3^t i e. 1 # 1 :_ +, FI R„ 1 }..: w, `,�.y a 1#Fi> `1 t 1lgf�f i ! r , �s it, a� �' , 4i.1 , Mil .i.,' „JC J-r �€ t I”, ca.. f^ Jtom' !1r )pl.,f I' • �' p� ? L � .� 1-S/°� ,.1 � e{ 1:r e „',;',((;,'1 #�� r! €fii1 °- tai # S f -i ti ikitelrit '� t .0-1{ ��1 � x ax�3r � z��� )i lF�]] . 1 � f�f ��f1Pi � 1 �x f MXP(1 D t 0r 1,,:, :1 1 {' �' 1 _ ,, , 4,a 1-t : , I tli, r }!t jj i{ ✓ : rr ss Y ,, -r, 1 ,.e1 .s.: if i,sMXPUI 'xd, ,„' �[y ey';ta a a S :',4ft 471 -- iti !:' . 1 MXPUDD;ir' t nj.. - 1 ' f T �'. �:.; '17 Y1�.M th. f x, ° °' ..,r t T;'S c ,.1., _ ..h` r t . y�yl - { -: 't T".. •i u .. , or-. "',"'t tie, le 1 .•a9 : .:5 r 7.- 61' 1,,1,_ 4f t t#{i y l;t,'{i,l” ,y� y^,i *rtl 1�„="'''+ r — -i.'"'-S 1;j'{7�I lit?: 1: v.: ,k,,,.. � SURROUNDING ZONING MAP 1 FOR INPUD DISTRICT AMENDMENT 6-Y�- 1 l# � '4 „ , GATOR AQUATIC CENTER ,. a, • r mow: 1 130 OVERLAND ROAD, SW i �s ;Ail F7«I:'w AL8” LOCATED ALONG McNEIL DRIVE•5� TAX PARCEL 1380103 IMAGE SOURCE pry OF ROANOKE GS CITY OF R•A •,E VIRGINIA DATE July 3,2014 LUMSDEN ASSOCIATES, P.C. SCALE: ENGINEERS—SURVEYORS—PLANNERS NO SCALE ROANOKE VIRGINIA COMM. NO.: - 1 11-078 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 P.O.BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24018 E-MAIL:MAIL4PLUMSDENPCCOM w:\drewings\2011VNONArozomA1107arest.dwg • The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDV September 03,2014 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Dale Category Description Ad Site Total Cost 09/09/2014 Munlopal Notices PUBLIC HEARING NOTICE All public hearings advertised her 1 x 157 L 1,491.64 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,In the State of Virginia,do codify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 08127,09/0012014 r ,.A Y;' 1,, _m1'vA.1 •g • The First insertion being given... 08/27/2014 = • ��ti�'; •r'", : 1 °jOr' Newspaper reference: 000006E559 - '.;''0p6VEM Sworn to and subscribed before me this Wednesday,September 3,2014 Notary Pu� :Wing Re.Q .ntative State of Virginia City/County of Roanoke My Commission expires tU r3I-15 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU • Hi5%�" �E�: �jjBF $b. �� €�. SRS a EP r3 �r �j a 1t �f r gall s= a :• - i !J ay¢ I lqtlH� *lli `�4�asn !bo b�E - i Ei Iiiill'ill fila . £ "4,11 air a l E=ai >i � '� iili sa f� pLiai J$JI'8 i giii� i■i■ ii �f� It in i I H 3 ,1 ; !n�I9 B II 3 its sa iI IPI;i 3 i*¢ A Olglighlighbardi J P !iR Y1 i Iiii 44. „I °l _a i im '; ��i e =L' gw P t i a y.II =�. s �� 5 P' a IPI 3 8 9'1 1 dIilH lhlBk IJ; p x f i u€i k IiIt�7 Q� 5 ax ii'e� 1i�.EE d .0 O �9$p „PIN Pi ;- �a "p°9tj!+ga g t s }� a is ° -E i ,�y 3 e N • 0• W i @7 j$ j;t e '`p allgi lio t*,irdl:a SilibiL` l 4 1 1; 1 1d lliiti il d Ei � �tc 33F i� 1� � � � gi # m 191 i Iiiiii i 3� =ga i d aE Z'ii l i. 'ss 4 IN 91 i�; �� i' - tin �,?� ii{lsle f rI _ipi ij� igi �jcif filth"p8m lia '1}11 if0 �-; Ijr i�;�€EIEtstilt5;I,G E i hIiill L� iii 3 6 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 Avenue, S.W., Roanoke, Virginia. 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 September 9, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Ivy View, LLC, to repeal all conditions proffered as part of previous rezonings and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 2309, 2219, 2239, 0, and 2211 Franklin Road, S.W.,bearing Official Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively. The conditions proposed for repeal, adopted through enactment of Ordinance No. 36925-122004 and Ordinance No. 37875-082007, 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; require illumination levels for parking and drives to be eight foot candles or less, and allow one (1) freestanding sign on Official Tax No. 1150108 until the demolition of the building on the property while prohibiting electronic readerboards on same property; require three(3) new entrances with a divider median and restricted traffic flows; restrict the height of buildings; restrict the number, size, and location of freestanding signs, ground signs, electronic readerboards, and building signs; require certain parking lot lighting design. The application is to permit use of the properties for a financial institution; office, general or professional; business service establishment, not otherwise listed; medical clinic; mixed use building; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; personal service establishment, not otherwise listed; pet grooming; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; entertainment establishment, abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center;meeting hall; parking, off-site; dwelling, multifamily instead of a mixed use facility with retail, restaurant, office, underground parking, and parking garage previously permitted by the Institutional Planned Unit Development Plan (INPUD), Ordinance No. 36925- 122004, adopted by City Council on December 20, 2004, and Ordinance No. 37875- 082007, adopted by Council on August 20, 2007. The land use categories permitted in the INPUD District include residential; accommnodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum density of own dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for light industrial and general commercial use, but does not specify density. The proposed use of the property is eating and drinking establishment and retail sales establishment. Application by 360 Toyota, LLC, to establish a sign overlay district for property located at 1530 Courtland Road, N.E., bearing Official Tax No. 3070316, currently zoned Commercial Large Site (CLS). The requested sign overlay district will allow for a comprehensive sign plan for the current Haley Toyota Dealership being constructed and any future development that may take place. The current plan includes freestanding signs and building mounted signs, but the total area of signage will not exceed that allowed by right in the CLS district. The proposed sign overlay district will provide general sign conformance and unity while maintaining the goals and objectives set forth in Section 36.2 -660 of the Roanoke City Zoning Ordinance. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ( "Plan ") for the property located at 1130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269 - 120505, on December 5, 2005. 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 institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on September 15, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on September 10, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application filed by Melinda J. Fry for property located at 2615 Orange Avenue, N.E., bearing Official Tax No. 7070108, zoned CG, Commercial General, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment abutting a residential district. Application filed by Andre and Sonya Howes for property located at 3734 Lake Drive, S.W., bearing Official Tax No. 5070414, zoned R -12, Residential Single - Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a bed and breakfast. Application filed by S. Jack Conner for property located at 0 Richard Avenue, N.E., bearing official Tax No. 7090116, zoned R -5, Residential Single - Family District, for a variance from Section 36.2 -312 and Section 36.2 -313, Zoning, Code of the City of Roanoke (1979), as amended, to allow a maximum front yard of 85 feet in lieu of the required 42 foot maximum front yard. Candace Martin, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on August 27, 2014, and September 3, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDV August 06,2014 STEPHANIE M.MOON REYNOLDS-MMC,CITY CLERK 215 CHURCH AVE,SW,SUITE 456 NOEL C.TAYLOR MUNICIPAL BUILDING ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 08/0612014 Legal Notices PUBLIC HEARING-AUGUST 12 2014 1 x 193 L 1,820.16 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the • State of Virginia,do certify that the annexed notice PUBLIC HEARING-AUGUST 1 was published in said newspapers on the • following dates: • . 07/30,08/06/2014 ,-" `n - �•'7 P 7090.950 • onM\The First insertion being given ... 07/30/2014 1i1 F t Newspaper reference: 0000056846 �� //1NNWE AL\o •<c. Sworn to and subscribed before me this Wednesday,August 6,2014 Cthatt Nata & blic Witnes State of Virginia City/County of Roanoke My Commission expires I b'N THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 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 Avenue, 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 August 12, 2914, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. 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 office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by )ETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue. S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CL5, Commercial -Large Site District, and CG, Commercial-General District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified 1.1 portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studiolmultimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off-site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD 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 land use categories permitted in the 1 -1 District include commercial; industrial; warehousing and distribution: assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ( "Plan ") for the property located at 1130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existm. facility. oreviousiv rezoned to Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269- 120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential: accommodations and group living; commercial; assembly and entertainment- public. institutional and utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,880 square feet of lot area. The comprehensive plan designates the property for institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, respectively. The 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 institutional mix, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds, MMC, City Clerk (56846) 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 Avenue, 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 August 12, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Transitional Options for Women to rezone property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Nos. 1212309 and 1212310, respectively. The application is to rezone the property from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition. The proposed condition limits the number of residents and requires one staff person to live on the property. 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 office and residential mix, but does not specify density. The proposed use of the property is group care facility, halfway house. Application by JETR, LLC, to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CLS, Commercial-Large Site District, and CG, Commercial-General District, to MXPUD, Mixed Use Planned Unit Development District, and 1-1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified I-1 portion of the property to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio/multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off-site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD 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 land use categories permitted in the I-1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for the property located at 1 130 Overland Road, S.W., bearing Official Tax No. 1380103, to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269-120505, on December 5, 2005. 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 institutional planned development. The proposed use of the property is health and fitness center. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W., bearing Official Tax Nos. 1271101, 1271102, 1271103, 1271104, 1271 105, and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional mix, but does not specify density. The proposed use of the property is place of worship. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on July 30 and August 6, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 'Telephone: (540)853-2541 l+ax: (549)853-1145 E-mail: elerk(n'rmmokeva.gov SI EI'l1ANIE M.MOON REYNOLDS,MMC JONATRAN E.CRAFT,('MC City Clerk Deputy City Clerk August 13, 2014 CECELIA T.WEBB,CM(' Assistant City Clerk Howard Boggess, II, Agent Lumsden Associates, P.C. 4664 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Boggess: 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, August 18, 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 the request of Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for property located at 1130 Overland Road, S. W., to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, pursuant to Ordinance No. 37269-120505 adopted on December 5, 2005. At the regular meeting of the City Planning Commission held on Tuesday, August 12, 2014, the request was continued until its next meeting scheduled on Tuesday, September 9, 2014. Due to there being no recommendation to the Council regarding the abovementioned request, please be advised that City Council currently has no jurisdiction regarding the matter, and therefore no action shall be taken by the Council at its August 18th meeting. Sincerely, "ec= is T. Webb, CMC Assistant City Clerk Howard Boggess, II, Agent August 13, 2014 Page 2 pc: Roanoke Valley Swimming, Inc., P. O. Box 4646, Roanoke, Virginia 24015 Commonwealth of Virginia State Board, 3054 Colonial Avenue, S. W., Roanoke, Virginia 24015 Randolph Sibley, 1049 Clearfield Road, S. W., Roanoke, Virginia 24015 Charlotte Burton, 1045 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles Scharnberg and Shelley Himel, 2236 Sewell Lane, S. W., Roanoke, Virginia 24015 William and Dolores Rorrer, 2350 Ross Lane, S. W., Roanoke, Virginia 24015 Brian Sarver, 2250 Sewell Lane, S. W., Roanoke, Virginia 24015 Meredith and Daniel Entingh, 2238 Sewell Lane, S. W., Roanoke, Virginia 24015 Robert and Nancy Canova, 2265 Sewell Lane, S. W., Roanoke, Virginia 24015 Charles Johnson, 2258 Sewell Lane, S. W., Roanoke, Virginia 24015 Phyllis Raikes, 1121 Welch Road, S. W., Roanoke, Virginia 24015 Donald Martin, P. O. Box 248, Vinton, Virginia 24179 Madison Field Properties, LLC, do Hometown Bank, 202 S. Jefferson Street, S. E., Roanoke, Virginia 24011 Caryl Connolly, 1136 Welch Road, S. W., Roanoke, Virginia 24015 Raymond Eades, 2218 Sorrel Lane, S. W., Roanoke, Virginia 24018 Randall Ruppel, 1135 Clearfield Road, S. W., Roanoke, Virginia 24015 Marcus Anthony Reed, 1124 Welch Road, S. W., Roanoke, Virginia 24015 Lily Thi Ngo, 2835 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Gayle Stoner, 1120 Welch Road, S. W., Roanoke, Virginia 24015 James and Linda Sherman, Jr., 1130 Welch Road, S. W., Roanoke, Virginia 24000 Joseph Stanfill, 1115 Clearfield Road, S. W., Roanoke, Virginia 24015 Thomas and Jean Denton, 1109 Clearfield Road, S. W., Roanoke, Virginia 24015 Daniel and Cynthia Wright, 1121 Clearfield Road, S. W., Roanoke, Virginia 24015 Kathye Ashford, 1127 Clearfield Road, S. W., Roanoke, Virginia 24015 Frances Domurat, 2318 Martin Lane, Roanoke, Virginia 24015 Julie Haxton Viar, 1168 Clearfield Road, S. W., Roanoke, Virginia 24015 Laura Mofield, 1156 Clearfield Road, S. W., Roanoke, Virginia 24015 Floyd Haxton, etals, 1146 Clearfield Road, S. W., Roanoke, Virginia 24015 Vada Sarsfield, 1134 Clearfield Road, S. W., Roanoke, Virginia 24015 Robert and Joy Philpott, 1103 Overland Road, S. W., Roanoke, Virginia 24015 John Hodgkin, 1114 Clearfield Road, S. W., Roanoke, Virginia 24015 Kimberly Hardy, 1122 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles Karr and Donna Pinkard, 1164 Clearfield Road, S. W., Roanoke, Virginia 24015 Trustees First Church of Christ Scientist, 1156 overland Road, S. W., Roanoke, Virginia 24015 Rick and Deborah Klotzer, 1108 Clearfield Road, S. W., Roanoke, Virginia 24015 Michael and Emily McCoy, 1133 Overland Road, S. W., Roanoke, Virginia 24015 Elaine Kellam, 1111 Overland Road, S. W., Roanoke, Virginia 24015 Howard Boggess, II, Agent August 13, 2014 Page 3 David Burris, 1143 Overland Road, S. W., Roanoke, Virginia 24015 David and Laura Glasco, 1052 Clearfield Road, S. W., Roanoke, Virginia 24015 Michael Conlon and Sandra Hammond, 294 Pulaski Mine Road, Buchanan, Virginia 24066 Destacy Roberson, 1028 Clearfield Road, S. W., Roanoke, Virginia 24015 Mary Vest, 1035 Overland Road, S. W., Roanoke, Virginia 24015 Ago and Hajra Omanovic, 1031 Overland Road, S. W., Roanoke, Virginia 24015 Philip Sean Clements, 1027 Overland Road, S. W., Roanoke, Virginia 24015 Matthew Dooley, 1021 Overland Road, S. W., Roanoke, Virginia 24015 J. R. and Ha Parsons, 1017 Overland Road, S. W., Roanoke, Virginia 24015 Mary Ann Rexrode, 1005 Overland Road, S. W., Roanoke, Virginia 24015 Tammy Short, 1001 Overland Road, S. W., Roanoke, Virginia 24015 Mary Evelyn White, 2914 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 The Marilyn Hooker Trust, P. O. Box 127, Penhook, Virginia 24137 Timothy Migliarese, 171 Forest Drive, Salem, Virginia 24153 Walter and Rachel Wheaton, III, 2279 Brambleton Avenue, S. W., Roanoke, Virginia 24015 John Miller, 2289 Brambleton Avenue, S. W., Roanoke, Virginia 24015-3701 Michael Greene and Linda Sage, 2299 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Virginia Trippeer, Trustee, 1329 Sewell Lane, S. W., Roanoke, Virginia 24015 CITY OF ROANOKE e ti 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 @n roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC. City Clerk Deputy City Clerk September 10, 2014 CF:CELIA T.WEBB,CMC Assistant City Clerk Howard Boggess, II, Agent Lumsden Associates, P.C. 4664 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Boggess: 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, September 15, 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 the request of Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for property located at 1130 Overland Road, S. W., to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269- 120505, on December 5, 2005. The City Planning Commission at its meeting held on Tuesday, September 9, 2014, on a 5-0 vote, approved the request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853- 1730. Lastly, it will be necessary for you, or your representative, to be present at the September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon Reynolds, City Clerk SMM:ctw CITY OF ROANOKE , OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 ked ` ' x'=+* 'Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkrroanokcva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 10, 2014 To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, September 15, 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 the request of Roanoke Valley Swimming, Inc., to amend the Planned Unit Development Plan ("Plan") for property located at 1130 Overland Road, S. W., to permit an expansion of the existing facility, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance No. 37269- 120505, on December 5, 2005. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541 . Sincerely, L Stephanie M. Moon eyn Ids, MMC City Clerk SMM:ctw Adjoining Property Owners September 10, 2014 Page 2 pc: Roanoke Valley Swimming, Inc., P. O. Box 4646, Roanoke, Virginia 24015 Liz Belcher, 1206 Kessler Mill Road, Salem, Virginia 24153 Commonwealth of Virginia State Board, 3054 Colonial Avenue, S. W., Roanoke, Virginia 24015 Randolph Sibley, 1049 Clearfield Road, S. W., Roanoke, Virginia 24015 Charlotte Burton, 1045 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles Scharnberg and Shelley Himel, 2236 Sewell Lane, S. W., Roanoke, Virginia 24015 William and Dolores Rorrer, 2350 Ross Lane, S. W., Roanoke, Virginia 24015 Brian Sarver, 2250 Sewell Lane, S. W., Roanoke, Virginia 24015 Meredith and Daniel Entingh, 2238 Sewell Lane, S. W., Roanoke, Virginia 24015 Robert and Nancy Canova, 2265 Sewell Lane, S. W., Roanoke, Virginia 24015 Charles Johnson, 2258 Sewell Lane, S. W., Roanoke, Virginia 24015 Phyllis Raikes, 1121 Welch Road, S. W., Roanoke, Virginia 24015 Donald Martin, P. O. Box 248, Vinton, Virginia 24179 Madison Field Properties, LLC, do Hometown Bank, 202 S. Jefferson Street, S. E., Roanoke, Virginia 24011 Caryl Connolly, 1136 Welch Road, S. W., Roanoke, Virginia 24015 Raymond Eades, 2218 Sorrel Lane, S. W., Roanoke, Virginia 24018 Randall Ruppel, 1135 Clearfield Road, S. W., Roanoke, Virginia 24015 Marcus Anthony Reed, 1124 Welch Road, S. W., Roanoke, Virginia 24015 Lily Thi Ngo, 2835 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Gayle Stoner, 1120 Welch Road, S. W., Roanoke, Virginia 24015 James and Linda Sherman, Jr., 1130 Welch Road, S. W., Roanoke, Virginia 24000 Joseph Stanfill, 1115 Clearfield Road, S. W., Roanoke, Virginia 24015 Thomas and Jean Denton, 1109 Clearfield Road, S. W., Roanoke, Virginia 24015 Daniel and Cynthia Wright, 1121 Clearfield Road, S. W., Roanoke, Virginia 24015 Kathye Ashford, 1127 Clearfield Road, S. W., Roanoke, Virginia 24015 Frances Domurat, 2318 Martin Lane, Roanoke, Virginia 24015 Julie Haxton Viar, 1168 Clearfield Road, S. W., Roanoke, Virginia 24015 Laura Mofield, 1156 Clearfield Road, S. W., Roanoke, Virginia 24015 Floyd Haxton, etals, 1146 Clearfield Road, S. W., Roanoke, Virginia 24015 Vada Sarsfield, 1134 Clearfield Road, S. W., Roanoke, Virginia 24015 Robert and Joy Philpott, 1103 Overland Road, S. W., Roanoke, Virginia 24015 John Hodgkin, 1114 Clearfield Road, S. W., Roanoke, Virginia 24015 Kimberly Hardy, 1122 Clearfield Road, S. W., Roanoke, Virginia 24015 Charles Karr and Donna Pinkard, 1164 Clearfield Road, S. W., Roanoke, Virginia 24015 Trustees First Church of Christ Scientist, 1156 Overland Road, S. W., Roanoke, Virginia 24015 Adjoining Property Owners September 10, 2014 Page 3 Rick and Deborah Klotzer, 1108 Clearfield Road, S. W., Roanoke, Virginia 24015 Michael and Emily McCoy, 1133 Overland Road, S. W., Roanoke, Virginia 24015 Elaine Kellam, 1111 Overland Road, S. W., Roanoke, Virginia 24015 David Burris, 1143 Overland Road, S. W., Roanoke, Virginia 24015 David and Laura Glasco, 1052 Clearfield Road, S. W., Roanoke, Virginia 24015 Michael Conlon and Sandra Hammond, 294 Pulaski Mine Road, Buchanan, Virginia 24066 Destacy Roberson, 1028 Clearfield Road, S. W., Roanoke, Virginia 24015 Mary Vest, 1035 Overland Road, S. W., Roanoke, Virginia 24015 Ago and Hajra Omanovic, 1031 Overland Road, S. W., Roanoke, Virginia 24015 Philip Sean Clements, 1027 Overland Road, S. W., Roanoke, Virginia 24015 Matthew Dooley, 1021 Overland Road, S. W., Roanoke, Virginia 24015 J. R. and Ila Parsons, 1017 Overland Road, S. W., Roanoke, Virginia 24015 Mary Ann Rexrode, 1005 Overland Road, S. W., Roanoke, Virginia 24015 Tammy Short, 1001 Overland Road, S. W., Roanoke, Virginia 24015 Mary Evelyn White, 2914 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 The Marilyn Hooker Trust, P. O. Box 127, Penhook, Virginia 24137 Timothy Migliarese, 171 Forest Drive, Salem, Virginia 24153 Walter and Rachel Wheaton, III, 2279 Brambleton Avenue, S. W., Roanoke, Virginia 24015 John Miller, 2289 Brambleton Avenue, S. W., Roanoke, Virginia 24015-3701 Michael Greene and Linda Sage, 2299 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Virginia Trippeer, Trustee, 1329 Sewell Lane, S. W., Roanoke, Virginia 24015 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-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk September 16, 2014 CECELIA T.WEER,CMC p Assistant City Clerk Jeanne Armentrout, Executive Vice-President and Chief Administrative Officer Carilion Medical Center 1906 Belleview Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Armentrout: I am enclosing copy of Ordinance No. 40065-091514 accepting the bid of Carilion Medical Center to execute a Naming and Sponsorship Agreement with the City to name a children's playground to be constructed in Elmwood Park, located at 706 Jefferson Street, S. E., in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 4013201 (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 15, 2014; and is in full force and effect commencing October 1, 2015. �` Sincerely, /,,, h'?. h7oiset Stephanie M. Moon‘Raynolds, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director, Roanoke Parks and Recreation Sheila Umberger, Director, Roanoke Public Libraries IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2014. No. 40065-091514. AN ORDINANCE accepting the bid of Carillon Medical Center to execute a Naming and Sponsorship Agreement with the City to name a children's playground to be constructed in Elmwood Park, located at 706 Jefferson Street, S.E., in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 4013201 (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City of Roanoke, Virginia (City) owns Elmwood Park, on which is located an Amphitheatre, recreational trails, and the Main Branch of the Roanoke Public Library; WHEREAS, to further benefit the residents of the City and promote Elmwood Park's offerings, the City is designing, constructing, and installing a children's playground in Elmwood Park (Playground), in a location immediately adjacent to the Main Branch of the Roanoke Public Library; WHEREAS, the City is interested in selling the naming rights related to the Playground for a period of fifteen (15) years to help offset the costs of such playground; WHEREAS, City Council has determined that the sale of the naming rights of the Playground will assist in the operation, maintenance and promotion of Elmwood Park and the Roanoke Public Library, and serve to benefit the residents of the City; 1 WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City, publicly invited bids for the execution of a Naming Rights Agreement, a copy of which Naming Rights Agreement has been available to the public for review; WHEREAS, one bid for the execution of a Naming Rights Agreement was received pursuant to the advertisement and was publicly opened at the City Council meeting held on September 15, 2014; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its meeting on September 15, 2014, at which time all persons were accorded a full and fair opportunity to comment with respect to the proposed Naming Rights Agreement; WHEREAS, the matter was referred to the Assistant City Manager for evaluation and recommendation; WHEREAS, on September 15, 2014, Carilion Medical Center (Recommended Bidder) submitted a bid for the execution of the Naming Rights Agreement for the purpose mentioned above upon substantially the same terns as contained in the proposed Naming Rights Agreement that was on file in the City Clerk's Office; WHEREAS, after review of the bid received by the Assistant City Manager, the Assistant City Manager recommends that Council accept the bid of the Recommended Bidder and approve the execution of the Naming Rights Agreement, substantially similar to the copy attached to the City Council Agenda Report dated September 15, 2014; WHEREAS, Council determined that the bid of the Recommended Bidder to execute the Naming Rights Agreement, upon certain terms and conditions, was a responsive and responsible bid received by the City and Council desires to accept the bid of the Recommended Bidder. 2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the hid of the Recommended Bidder and hereby makes and awards the Naming Rights Agreement to the Recommended Bidder, subject to certain terms and conditions as further noted in the City Council Agenda Report dated September 15, 2014, to this Council and upon such other terms and conditions to which the City Manager may deem appropriate and agree. Council further finds that it will be in the best interest of the City to award the Naming Rights Agreement as set forth above and it will assist in promoting the operations of Elmwood Park and the Roanoke Public Library. 2. The City Manager is hereby authorized to execute a Naming Rights Agreement between the City and the Recommended Bidder to have the Recommended Bidder's name at the Playground for a period of fifteen (15) years, commencing on the date on which construction and installation of the Playground is complete and the Playground is open to the public, which date is anticipated to be not later than May 15, 2015,and ending fifteen (15) years thereafter, subject to the terms and provisions of the Naming Rights Agreement, which Naming Rights Agreement shall be substantially in the form attached to the City Council Agenda Report dated September 15, 2014, and upon such other terms to which the City Manager deems appropriate and agrees. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 3. The Naming Rights Agreement referred to above shall commence on October I, 2014, and the term of the Naming Rights shall be for a term of fifteen (15) years, commencing on the date on which construction and installation of the Playground is completed and the Playground is open to the public, and ending fifteen (15) years thereafter. The Recommended Bidder shall pay the aggregate sum set forth and described in the City Council Agenda Report 3 dated September 15, 2014, for the Naming Rights Agreement, in five (5) annual installments. The fee will he paid in installments in accordance with the schedule of payments described in the City Council Agenda Report dated September 15, 2014. Pursuant to the terms of the Naming Rights Agreement, the term of the Naming Rights Agreement may be terminated prior to the expiration of the fifteen (15) year term for the Naming Rights only as provided in the Naming Rights Agreement. 4. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement, administer, and enforce such Naming Rights Agreement, which includes, but is not limited to, any needed modifications to such Naming Rights Agreement. All such documents shall be approved as to form by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATTEST: �A� ;��"_I ' I Y\ OEM v City IF 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 15, 2014 Subject: Award to Carilion Medical Center for the Naming Rights to the children's playground to be constructed at Elmwood Park located at 706 Jefferson Street, S.E., in the City of Roanoke, Virginia. Background: The City of Roanoke, Virginia (City) owns property located at 706 Jefferson Street, S.E. in the City of Roanoke, Virginia, Official Tax Map No. 4013201 . Currently located at this property are Elmwood Park, an Amphitheatre, recreational trails, and the Main Branch of the Roanoke Public Library. To further benefit the residents of the City and promote Elmwood Park and the Main Library, the City is designing a children's playground in Elmwood Park (Playground), in a location immediately adjacent to the Main Branch of the Roanoke Public Library. The City is interested in selling the naming rights related to the Playground for a period of fifteen (15) years to help offset the costs of such Playground. Based upon the requirements of Sections 1 5.2-2100 et seq., Code of Virginia (1 950), as amended, the City is required to advertise and solicit bids for such naming rights. The City prepared a form of Naming, Advertising, and Sponsorship Agreement (Naming Rights Agreement) that was offered to all interested bidders. On Monday, July 21 , 2014, City Council authorized the scheduling and advertising for bids and for a public hearing on the matter. The receipt of bids was set for Monday, September 15, 2014, at noon and the opening of bids was held before City Council at the 2:00 p.m. meeting of City Council on Monday, September 15, 2014. The public hearing is scheduled before City Council at 7:00 p.m., or as soon thereafter as the matter can be reached, on Monday, September 15, 2014. Considerations: Public advertising for invitation for bids and notice of a public hearing on this matter were placed in the Roanoke Times on Friday, August 29,2014, and Friday, September 5, 2014. A copy of the Bid Form, the proposed Naming Rights Agreement, and the proposed Ordinance were made available to the public in the City Clerk's Office on and after Tuesday, September 2, 2014. Bids were to be submitted to the City Clerk on or before Noon (12:00 p.m.) local time, on Monday, September 15, 2014. All such bids received at or before that time were held by the City Clerk, unopened, until 2:00 p.m., local time, Monday September 15, 2014, at which time they were delivered to City Council, publicly opened, and summaries read aloud, all in accordance with Section 15.2-2102, Code of Virginia (1 950), as amended. One (1 ) written bid for the Naming Rights Agreement was received by the City Clerk on or before noon (12:00 p.m.) local time, Monday, September 1 5, 2014. The entity submitting this bid and the summary of its respective bid is as follows: Legal Name of Bidder: Carilion Medical Center Aggregate amount of bid: $225,000 Payment schedule and payments: October 1 , 2014: $45,000 October 1 , 2015: $45,000 October 1 , 2016 $45,000 October 1 , 2017 $45,000 October 1 , 2018 $45,000 Proposed name for Playground: Carilion Clinic Children's Hospital Playground No other bids were received or presented following the reading of the summary of this bid. Mayor David A. Bowers closed the bidding. City Council referred the matter to the Assistant City Manager for review, evaluation, and finalization of the terms and conditions of the Naming Rights Agreement. The Assistant City Manager and staff reviewed this bid received and determined that the bidder is a responsible bidder and submitted a bid in compliance with the Invitation to Bid. The Assistant City Manager and staff determined that Carilion Medical Center (Recommended Bidder) presented a responsible and responsive bid for the Naming Rights Agreement. Based on these determinations, the final terms and conditions of the Naming Rights Agreement are subject to approval by City Council. A copy of the proposed Naming Rights Agreement, with exhibits, is attached to this Report. 2 The proposed Naming Rights Agreement sets forth the terms and conditions relevant to the naming of the Playground. Some of the significant terms and conditions include, but are not limited to, the following: 1 . The Naming Rights Agreement shall commence as of October 1 , 2014 and the term of the Naming Rights is fifteen (1 5) years, commencing on the date on which construction of the Playground is completed, and the Playground is open to the public, which date is expected to be a date on or around May 15, 201 5, if not sooner, and ending 15 years from that date. The Naming Rights Agreement includes no renewal provisions and can be terminated if there is a default by the Recommended Bidder. 2. The aggregate amount to be paid by the Recommended Bidder for the naming rights and other rights included in the Naming Rights Agreement is $225,000. 3. The aggregate amount of the Fees to be paid by the Recommended Bidder is to be paid in five (5) installments as follows: Payment Date Fee 1 . October 1 , 2014 $45,000 2. October 1 , 2015 $45,000 3. October 1 , 2016 $45,000 4. October 1 , 2017 $45,000 5. Octoberl , 2018 $45,000 Total Amount $225,000 4. The Recommended Bidder proposes to name the Playground: "Carilion Clinic Children's Hospital Playground". 5. The Recommended Bidder agreed to collaborate with the Roanoke Public Libraries and the City in the development and promotion of libraries and City Parks, all as more particularly set forth in the bid of the Recommended Bidder, and such bid is attached to this Report. After proper and timely Notice as required by the Code of Virginia, City Council held a public hearing on this matter at its 7:00 p.m. meeting on Monday, September 15, 2014, at which hearing all parties in interest and persons were 3 given an opportunity to be heard, both for and against the proposed Naming Rights Agreement. The Assistant City Manager recommends that City Council find that the bid of the Recommended Bidder on this matter is from a responsible bidder, the bid of the Recommended Bidder is responsive to the Invitation to Bid on the Naming Rights Agreement, and that Council accept the bid of the Recommended Bidder and approve the execution of the proposed Naming Rights Agreement, a copy of which Naming Rights Agreement is attached to this Report. The sale of the naming, advertising, and sponsorship rights to the Recommended Bidder in accordance with the Naming Rights Agreement is in the best interests of the City and will promote the operations of the City's parks and public libraries.. Recommended Action: Accept the bid of Carilion Medical Center and award the NamingRights Agreement to such entity. Approve the terms of the Naming Rights Agreement between the City and the Recommended Bidder that provides for the naming, advertising, and sponsorship of the playground as the Carilion Clinic Children's Hospital Playground. The Naming Rights Agreement shall commence as of October 1 , 2014 and the term of the Naming Rights is fifteen (15) years, commencing on the date on which construction of the Playground is completed, and the Playground is open to the public, which date is expected to be a date on or around May 1 5, 201 5, if not sooner, and ending 15 years from that date (unless earlier terminated in accordance with the terms of the Naming Rights Agreement or in accordance with the law). The Naming Rights Agreement shall be substantially similar to the one attached to this Report. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security as required by Section 15.2-2104, Code of Virginia (1950), as amended, shall be in the amount of One Thousand Dollars ($1 ,000.00) and shall be in a form that the City Manager deems appropriate. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such Naming Rights gre ent. R. Br n Townsend Assistant City Manager for Community Development Distribution: Council Appointed Officers Steven Buschor, Director of Roanoke Parks and Recreation Sheila Umberger, Director of Roanoke Public Libraries 4 BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR, AND DELIVERY LOCATION OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, September 15, 2014, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on September 15, 2014. Date: f e r i e n t 6 ev 1 5-.4 2 o / LG� Vi Ii 4n /1A ei(,I'tJ re voter proposes and agrees, if its Bid (Legal Name of Bidder) is accepted, to enter into and be bound by the Naming Rights Agreement for Naming and Sponsorship of a Children's Playground at Elmwood Park ("Naming Rights Agreement") , a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of the Naming Rights Agreement. Bid: The term of such Agreement will be fifteen (15) years. The minimum acceptable aggregate amount payable to the City of Roanoke, Virginia, for the term of the Naming Rights Agreement is $225,000.00. This amount may be paid in one payment upon signing of the Agreement, or in Page I of 6 five (5) equal annual installments, the first payment being due on October 1, 2014, and the remaining payments due on the same day over the four (4) succeeding years. Bid: Bidder shall make payments to be awarded the Agreement in the aggregate amount of to 2 S', Coo in the following amounts as shown below: October 1, 2014 $ 4' s, 03 3 October 1, 2015 $ Sc_ono October 1, 2016 $ o-o3 October 1, 2017 $ LP; o0 October 1, 2018 $ ycf 3 o TOTAL $ 2a si o oo (must be at least S225,000.00) Bid: Bidder agrees the annual payments will be paid in accordance with the schedule of payments set forth in Section 4 of the Naming Rights Agreement. Bid Term: The Naming Rights Agreement shall commence as of October 1, 2014 and the term of the Naming Rights is fifteen (15) years, commencing on the date on which construction of the Playground is completed, and the Playground is open to the public, which date is expected to be a date on or around May 15, 2015, if not sooner, and ending 15 years from that date. Bid: Bidder CI'designates I the name of /1/ the Playground to be: 1,7 1_0 ) n i C ii 1' IQVCn 'r /-Nrpi+ l U)414-1 (ruc.�nck Bid: Bidder has the financial ability to perform the Naming Rights Agreement and submits the following information in Attachment A to establish that bidder has the amount of the first annual payment in an account that is subject to no restrictions and constitutes immediately available funds of the United States. (Information attached may include a certification from bidder's financial institution that identifies the account and the amount in such account). Bid: Bidder submits the following information in Attachment B to (i) demonstrate the character,judgment, integrity, experience, and reputation of the bidder in conducting its business and performance of its contracts and agreements, and (ii) demonstrates the bidder's ability and commitment to collaborate with the City in the promotion of the City of Roanoke public libraries and parks. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Naming Rights Agreement, a copy of which Naming Rights Agreement is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Page 2 of 6 Avenue, S.W., Roanoke, VA 24011. Review of the Naming Rights Agreement, prior to the submittal date and time, is the responsibility of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2-2100, et seq, Code of Virginia (1950), as amended. Bidder acknowledges that the City has the right to reject any and all bids in accordance with Section 15.2-2100, et seq. The Bidder agrees, if its bid is accepted, will post a bond with surety in favor of the City, in the amount of one thousand dollars ($1,000.00) as required by Section 15.2-2104, Code of Virginia (1950), as amended. Consideration of all bids received shall be made in accordance with Section 15.2-2102 of the Code of Virginia (1950), as amended, which provides, in part, as follows: The presiding officer shall read aloud, or cause to be read aloud, a brief summary of each of the bids that have been received, for public information, and shall then inquire if any further bids are offered. If further bids are offered, they shall be received. The presiding officer shall thereafter declare the bidding closed. The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staffs recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise, right, lease or privilege to the lower bidder, if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right, lease or privilege. Please direct any questions or inquiries to Brian Townsend, Assistant City Manager for Community Development, at (540)853-2333 or brian.townsend n,roanokeva.gov Page 3 of 6 State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL NAME OF B .DER: CC , i p e c (en e r B ,Afr74•,/ TITLE: /-xecJ) ✓e V;mac 17 cr1'd4 fern.-fQ nn (Printed Title) Chl<rAd.wnt str e J 'u nn e /t r✓► ev1 Ixf Of-Eieer (Printed Name) STREET ADDRESS: / 9O6, 3e //e.v, c j Ate , S• �• MAILING ADDRESS: / C/G G 12e (1e v, eGi Ave . CITY: /o li no 11-e_ STATE: VA ZIP CODE: may°/ y TELEPHONE: (S1/4/0) of/16,-7 Z FAX: (Sy,. ) 41gl-7G'70 Bidder's SCC Identification Number: 90 _ 5 Page of ATTACHMENT A TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING, AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK Information to establish Bidder's ability to pay the annual fee for the Naming Rights Agreement is attached. fce tee , . Page 5 of 6 Attachment A Bid Form for a Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park Information to establish Bidder's ability to pay the annual fee for the Naming Rights Agreement Carilion Medical Center is wholly owned by Carilion Clinic, a not-for-profit healthcare organization based in Roanoke, Virginia. Through a comprehensive network of hospitals, primary and specialty physician practices, and other complementary services, we provide quality care to close to home for nearly 1 million Virginians. Approximately 11,400 people are employed by Carilion and total annual revenues exceed $1.4 billion. ATTACHMENT B TO BID FORM FOR A NAMING RIGHTS AGREEMENT WITH CITY OF ROANOKE, VIRGINIA, FOR NAMING AND SPONSORSHIP OF A CHILDREN'S PLAYGROUND AT ELMWOOD PARK Bidder submits the following information to (i) demonstrate the bidder's character,judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with the City in the promotion of the City of Roanoke, Virginia libraries and parks (attach additional sheets if necessary): Jee o rncxc4. Page 6 of 6 Attachment B Bid Form for a Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park Bidder submits the following information to (i) demonstrate the bidder's character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements, and (ii) demonstrate the bidder's ability and commitment to collaboration with the City in the promotion of the City of Roanoke, Virginia libraries and parks. Carilion Roanoke Memorial Hospital, operating under Carilion Medical Center, is one of the largest hospitals in the state of Virginia with 703 beds and an additional 60-bed Neonatal Intensive Care Unit and pediatric emergency department. With a level 1 trauma center and children's hospital, complete with pediatric emergency room, Carilion Roanoke Memorial Hospital treats residents throughout southwest Virginia. In addition to offering high-tech services, the hospital is also home to 11 residency programs and 12 fellowship programs. Carilion Medical Center serves all patients regardless of their ability to pay. As reported in the most recently published report to the community based on fiscal year 2012, Carilion provided $131.5 million in community benefit, including $110.2 million in uncompensated care, $15.2 million in professional education, $4.9 million in community outreach and $1.2 million in funding for research. An additional benefit to the community is Carilion Clinic's economic contribution to the region. As the area's largest employer, jobs are provided for more than 11,400 residents of the region. Carilion Medical Center supports Healthy Roanoke Valley, a collaboration of health and human service agencies developing initiatives to address priorities from the community health needs assessment completed in 2012. Carilion Medical Center is establishing partnerships to reach the most vulnerable populations that were identified in the community health needs assessment. One of the most recent developments is an opportunity to provide health education and screenings for individuals who will receive fresh produce from Feeding America Southwest Virginia's new veggie mobile. Two of the communities that will be served are in Roanoke City. Through the years Carilion Medical Center has provided health education in area libraries, including the Roanoke City Library near Elmwood Park. During fiscal year 2013, more than 27,000 people in the Roanoke Valley received health education during more than 850 events including community presentations, health fairs and screenings. Carilion Medical Center's community health education department serves as host of the local chapter of the National Safe Kids Coalition, providing education on injury prevention to the community and other professionals. Monthly car seat checks are conducted at Roanoke City Fire Station #6 in Southeast. The National Safe Kids Coordinator also provides training on proper car seat installation at no cost for other health and safety providers through a program offered by the Virginia Department of Health. Carilion has served the Roanoke Valley for well over 100 years and is the only not-for-profit hospital system in the area, providing health safety net services to all citizens regardless of their ability to pay. The proposed children's playground at Elmwood Park will promote physical activity for youth, a key strategy in reducing the rate of childhood obesity. 2013 Carilion Medical Center Report to Community was included in the Bid of Carilion Medical Center and Incorporated by Reference in this Copy of the Bid. The Original Report is on File in the City Clerk's Office. The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date R.BRIAN TOWNSEND,ASSISTANT C September 05,2014 215 CHURCH AVE SW ROOM 364 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 09/11/2014 Propos-Sld Bids-RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTIC 1 x 173 L 1,637 76 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 08/29,09/05/2014 H I A 1 ` The First insertion being given ... 08/29/2014 ;m t Newspaper reference: 0000069200 : * 1. t r Sworn to and subscribed before me this Friday,Septemb(r0014.. Notary Pu.l B ling Reprr ntati ve State of Virginia City/County of Roanoke 1 My Commission expires (n' �/")5 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Any interested entity is invited to submit a written bid,including a completed bid form, the Office of the City Clerk at(540)853-2541. ADVERTISEMENT for a Naming Rights Agreement as set forth All parties and interested persons may above.Each bidder shall submit at a minimum appear on the above date and time and be FOR INVITATION 1.The legal name of the heard o you matter. 1.The legal name of the entity submitting the you are a person who needs bid,including the Identification Number issued accommodations for this hearing, please FOR BIDS tm byonthe Virginia State Corporation contact the City Clerk's Office at(540)853 omi - 2541 before 12:00 noon on the Thursday before 2.The aggregate amount to be paid by the the date of the hearing listed above. AND bidder for the naming rights to be made to the GIVEN under my hand this 26th day of City for such Naming Rights Agreement,which August,2014. NOTICE OF PUBLIC may be paid by the bidder in one payment on Stephanie m.Moon Reynolds.City Clerk. October 1,2014.or in five(5)equal annual HEARING installments commencing on October 1,2014, (69200) and thereafter on the same day in the four(4) succeeding years. The minimum acceptable amount is 225,000.00 3. The agreement of the bidder to make Before the Council of payments during each year in accordance with the schedule of payments set forth in the the City of Roanoke Naming Rights Agreement. 4.The financial ability of the bidder to make for Execution and the payments that will be due during the first year of the term of the Naming Rights Approval of a Naming Agreement 5. Information that demonstrated the Rights Agreement character.judgment,integrity,experience,and reputation of the bidder in the conduct of its with City of Roanoke, business and performance of its contracts. 6.The agreement of the bidder to execute the Virginia, Naming Rights Agreement. 7.The proposed name of the Playground. for Naming and 8.Such other information as the bidder deems appropriate,including but not limited to,how Sponsorship of a the bidder will promote the Roanoke City public libraries and parks. Children's Playground Bids are to be submitted in a sealed envelope or container to the City Clerk at the at Elmwood Park address noted herein on or before Noon,12:00 p.m.,local time,Monday,September 15,2014. The outside of the bid envelope shall be Sections as follows: "Bid for Naming Rights Pursuant to the requirements of Sec 15.22100,15.2-2101,15.2-2102,et seq.,Code Of Naming and with City r hip of Virginia,for Virginia (1950), as amended, the City of Naming and Sp Elmwood of a children's Roanoke,Virginia("City")hereby gives notice Playground, at Elmwood Cou Pl M, Not to Be 0 that the City is inviting bids from qualified Opened Until the City Council Meeting at 2:00 bidders to enter into a Naming Rights y m.on September 15,2014." The bid should Agreement with the City for the Naming and be addressed to the Council of the City of Sponsorship of a Children's Playground at 456n N e,c/o Office of the ily Clerk.Room Elmwood Park("Naming Rights Agreement") Chu Church Al C. S Wr Roanoke,Municipal Building,2 11. with the City under which Naming Rights All bids received S.W.,be held b, thelCld,2lerk, Agreement the successful bidder will have the All bien received wi:l 0e peld by the City Clerk, right to have its name on a proposed unopened, until er 15,p.m., local time, on children's playground ("Playground') to be Monday,September lo, he C,at which time construct in Elmwood Park,located at 706 they will 450, oelvC.Taylor yl the Council Chamber, Jefferson Street,S.E.,in the City of Roanoke, 215 Church urc NAvl u Taylor Moainoke, Virginia. Virginia,designated as Roanoke Official Tax 215 n,andh Avenue.S.W.,Roanoke,Virginia. and Map No.4013201,in an area adjacent to the 24011,and tin accordance ord publicly opened and Main Branch of the Roanoke City Public 2102,Code of Viginia(1950)as amended. Library,Library, subject to certain terms and The City reserves the right to cancel this conditions of such Naming Rights Agreement Invitation for Bids and/or to reject any and all The Naming Rights Agreement will be dated bids,to waive any informality or irregularity in October 1. 2014 although the term of the the bids received,and to accept the bid which Naming Rights shall be fifteen (15) years, is deemed to be in the best interest of the City. commencing on the date on which The entity to whom any Naming Rights construction of the Playground is complete Agreement may be awarded shall reimburse and the Playground officially opens to the the City for the costs of any advertisements public ("Opening Date"), which date is for this matter. expected to be a date not later than May 15, The bidder to whom the Naming Rights 2015.although the Opening Date could occur Agreement is awarded will be required to sooner. The term of the Naming Rights execute a bond with surety in the amount of Agreement is also subject to termination as one thousand dollars($1,000,00)in favor of the set forth in the Naming Rights Agreement or in City conditioned upon the construction, accordance with the law operation,and maintenance of such Naming The Playground will consist of playground Rights,in accordance with the provisions of equipment and related site improvements.The Section 15.2-2104 of the Code of Virginia(1950) Playground will be constructed,installed,and as amended. designed by the City through a third party The necessary bid form, a copy of the contractor. The City is seeking bids from proposed Naming Rights Agreement,and the qualified bidders to help offset the cost of the proposed Ordinance may be obtained from the Playground. City Clerk's Office at the above address on and If the City elects to award a Naming after Friday,August 29,2014. Rights Agreement for this matter,City Council Pursuant to the requirements of Sections will be requested to adopt an ordinance 15.2-2100,et seq.,Code of Virginia(1950),as granting such an award which will provide in amended, notice is hereby given that the substance for a Naming Rights Agreement as Council of the City of Roanoke will hold a set forth above. A copy of the full text of the public hearing on the above matter at its proposed Ordinance and a draft of the regular meeting to be held on Monday, proposed Naming Rights Agreement are on file September 15,2014,at 7:00 p.m..local time,or and may be reviewed in the Office of the City as soon thereafter as Council is available,in Clerk, Room 456, Noel C. Taylor Municipal the Council Chamber,Room 450,Noel C.Taylor Building,215 Church Avenue,S.W.,Roanoke, Municipal Building,215 Church Avenue,S.W., Virginia 24011. Roanoke, Virginia, 24011. For further information on this matter,you may contact OX ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution and Approval of a Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground at Elmwood Park Pursuant to the requirements of Sections 15.2-2100, 15.2-2101, 15.2-2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia ("City") hereby gives notice that the City is inviting bids from qualified bidders to enter into a Naming Rights Agreement with the City for the Naming and Sponsorship of a Children's Playground at Elmwood Park ("Naming Rights Agreement") with the City under which Naming Rights Agreement the successful bidder will have the right to have its name on a proposed children's playground ("Playground") to be constructed in Elmwood Park, located at 706 Jefferson Street, S.E., in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 4013201, in an area adjacent to the Main Branch of the Roanoke City Public Library, subject to certain terms and conditions of such Naming Rights Agreement. The Naming Rights Agreement will be dated October 1, 2014 although the term of the Naming Rights shall be fifteen (15) years, commencing on the date on which construction of the Playground is complete and the Playground officially opens to the public ("Opening Date"), which date is expected to be a date not later than May 15, 2015, although the Opening Date could occur sooner. The term of the Naming Rights Agreement is also subject to termination as set forth in the Naming Rights Agreement or in accordance with the law. The Playground will consist of playground equipment and related site improvements. The Playground will be constructed, installed, and designed by the City through a third party contractor. The City is seeking bids from qualified bidders to help offset the cost of the Playground. If the City elects to award a Naming Rights Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Naming Rights Agreement as set forth above. A copy of the full text of the proposed Ordinance and a draft of the proposed Naming Rights Agreement are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Naming Rights Agreement as set forth above. Each bidder shall submit at a minimum the following information: 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. Notice of Public Hearing Naming Rights Agreement 7 2014 2. The aggregate amount to be paid by the bidder for the naming rights to be made to the City for such Naming Rights Agreement, which may be paid by the bidder in one payment on October 1, 2014, or in five (5) equal annual installments commencing on October 1, 2014, and thereafter on the same day in the four (4) succeeding years. The minimum acceptable amount is $225,000.00 3. The agreement of the bidder to make payments during each year in accordance with the schedule of payments set forth in the Naming Rights Agreement. 4. The financial ability of the bidder to make the payments that will be due during the first year of the term of the Naming Rights Agreement. 5. Information that demonstrated the character, judgment, integrity, experience, and reputation of the bidder in the conduct of its business and performance of its contracts. 6. The agreement of the bidder to execute the Naming Rights Agreement. 7. The proposed name of the Playground. 8. Such other information as the bidder deems appropriate, including but not limited to, how the bidder will promote the Roanoke City public libraries and parks. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Monday, September 15, 2014. The outside of the bid envelope shall be marked as follows: "Bid for Naming Rights Agreement with City of Roanoke, Virginia, for Naming and Sponsorship of a Children's Playground, at Elmwood Park, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on September 15, 2014." The bid should be addressed to the Council of the City of Roanoke, do Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, September 15, 2014, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Naming Rights Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The bidder to whom the Naming Rights Agreement is awarded will be required to execute a bond with surety in the amount of one thousand dollars ($1,000.00) in favor of the City Notice of Public Hearing Naming Rights Agreement 7 2014 conditioned upon the construction, operation, and maintenance of such Naming Rights, in accordance with the provisions of Section 15.2-2104 of the Code of Virginia (1950) as amended. The necessary bid form, a copy of the proposed Naming Rights Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Friday, August 29, 2014. Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, September 15, 2014, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853-2541. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 26 day of August, 2014. Stephanie M. Moon Reynolds, City Clerk. Notice of Public Hearing Naming Rights Agreement 7 2014 3 Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Friday August 29, 2014, and once on Friday, September 5, 2014. Please send bill to: Please send affidavit of publication to: R. Brian Townsend Stephanie M. Moon Reynolds Assistant City Manager City Clerk's Office For Community Development 456 Noel C. Taylor Municipal Building 364 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. 215 Church Avenue, S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853-2541 (540) 853-2333 Notice of Public Hearing Naming Rights Agreement 7 2014 4 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 it4-440kaa Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk September 18, 2014 Jennings T. Bird, Esquire The Bird Law Firm, P. C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Re: Joyce B. Epperly's Architectural Review Board Appeal Filed March 14, 2014 Dear Mr. Bird: The Petition of Appeal filed by Ms. Joyce Epperly appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., was again before the Council of the City of Roanoke at its regular meeting held on Monday, September 15, 2014. In addition, your communication requesting that the Petition for Appeal be withdrawn since the issues have been resolved was also before the Council. On motion, duly seconded and unanimously adopted, Council concurred in the request and the communication was received and filed. Sinncerely, Arkin..? keln Stephanie M. Moon Re s, MMC City Clerk Enclosure pc: Joyce Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Candace R. Martin, Secretary, Architectural Review Board THE BIRD LAW FIRM, P.C. 4800 PLEASANT HILL DRIVE SUITE 203 ROANOKE, VA 24018 TELEPHONE: (540)982-1500 JENNINGS T.BIRD,ATTORNEY FACSIMILE: (540)777-2100 MAGGIE LESTER,PARALEGAL jbird @birdlawva.com mlester @birdlawva.com By: First Class Mail and Email: stephanie.moon @roanokeva.gov Stephanie M. Moone, MMC, City Clerk 215 Church Avenue SW Suite 456 Roanoke, VA 24011-1536 RE: Joyce B. Epperly's Architectural Review Board Appeal Dear Ms. Moon, Confirming our telephone conversation, I represent Joyce Epperly with regard to her matters with the Architectural Review Board. Her appeal is on the docket for Roanoke City Council on September 15, 2014 at 7:00 p.m. Please be advised that we have resolved the issues with ARB and wish to withdraw the appeal from City Council. Please advise if you need anything further with regard to this request. Very truly yours, The Bird Law Firm, P.C. ° Jennings . Bird cc: Joyce Epperly By: First Class Mail and Email: stephanie.moon @roanokeva.gov Stephanie M. Moon, MMC, City Clerk 215 Church Avenue SW Suite 456 Roanoke, VA 24011-1536 RE: Joyce B. Epperly's Architectural Review Board Appeal Dear Ms. Moon, Confirming our telephone conversation, I represent Joyce Epperly with regard to her matters with the Architectural Review Board. Her appeal is on the docket for Roanoke City Council on September 15, 2014 at 7:00 p.m. Please be advised that we have resolved the issues with ARB and wish to withdraw the appeal from City Council. Please advise if you need anything further with regard to this request. Very truly yours, The Bird Law Firm, P.C. Jennings T. Bird cc: Joyce Epperly 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-mail: clerk @manokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk July 22, 2014 a g atan�Dep WEB B,CMC Jennings T. Bird, Esquire The Bird Law Firm, P. C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Re: Joyce B. Epperly's Architectural Review Board Appeal Filed March 14, 2014 Dear Mr. Bird: The Petition of Appeal filed by Ms. Joyce Epperly appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., was again before the Council of the City of Roanoke at its regular meeting held on Monday, July 21, 2014. The matter was again postponed until the regular meeting of the Council scheduled for September 15, 2014, at 7:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Please feel free to contact me with any questions. Sincerely, • _ . tit/ iZ Jonathan E. raft, CMC Deputy City Clerk Enclosure cc: Joyce B. Epperley, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Director, Planning, Building and Development Jillian P. Moore, Planning Administrator Candace R. Martin, Secretary, Architectural Review Board W ® PLANNING BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building 215 Church Avenue, SW, Room 166 ii . Roanoke, Virginia 24011 540 853 1730 fax 540853.1230 R OAN O KE planninq a( roanokeva.gov July 21, 2014 Honorable David A. Bowers, Mayor Honorable Court G. Rosen, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael "Ray" E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appeal of decision of the Architectural Review Board (ARB) to deny the issuance of Certificate of Appropriateness No. 140016 for 437 Washington Avenue S.W. Background: The H-2, Historic Neighborhood District provides that ordinary maintenance or in- kind replacement with the same materials, proportions, and design does not require a Certificate of Appropriateness. In such cases, the ARB Agent authorizes such work by having the owner or contractor complete a simple "In- Kind Replacement/Repair Form." The owner or contractor provides a statement of the work to be performed, and is released to proceed (and obtain a building permit if necessary). On March 2, 2012, Ms. Epperly completed an In-Kind Replacement/Repair Form to reline the existing hidden gutters and to replace downspouts at 437 Washington Avenue, SW. Staff reviewed the proposed work, determined that no Certificate of Appropriateness would be required and authorized Ms. Epperly to proceed with the work identified in the In-Kind Replacement/Repair Form . (Attachment A) On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Replacement/Repair Form . A worker was applying metal siding over the wood soffit and fascia. Approximately 75% of the soffit and fascia had been covered. Both the worker and owner were advised immediately that the work being performed was not as stated on the In-Kind Replacement/Repair Form . The work being performed constituted a change in the design of the soffit and fascia and therefore would require a Certificate of Appropriateness (COA) requiring approval by the ARB. Proceeding with the work without a COA constituted a violation of the zoning ordinance. Corrective action would be to either remove the metal siding or obtain a COA. Staff advised the property owner that application of metal siding over historic wood details directly conflicts with the H-2 Guidelines. On March 16, 2012, the property owner submitted an application for a COA for the installation of metal siding over the existing wood soffit and fascia board on the second story of the residence. Ms. Epperly first appeared before the ARB on April 12, 2012. ARB members expressed concern that the request was not consistent with the Architectural Review Guidelines. At Ms. Epperly's request, the ARB tabled the application to allow Ms. Epperly to work with staff on completing and submitting an application for assistance from Rebuilding Together' to remove the metal siding and repair the wood soffit and fascia. The original application (COA120062 dated March 16, 2012), staff report and meeting minutes are attached (Attachment B). On April 25, 2012, Barbara Botkin, ARB Member, and Jillian Papa, ARB Agent, met with Ms. Epperly on site at Ms. Epperly's request to discuss the technical aspects of the project. At this time, Ms. Epperly indicated that she obtained an estimate from another contractor to remove the metal siding material and that would repair the underlying wood as needed to comply with ARB Guidelines. On May 1, 2012, Ms. Epperly met (at her request) with Tom Carr, Planning Building & Development Department Director, Chris Chittum, Planning Administrator, Jeff Shawver, Building Commissioner, and Jillian Papa, ARB Agent, to discuss possible resolution of the matter. The consensus was that Ms. Epperly would need to either have the aluminum material removed or obtain a COA to allow it to remain. On June 4, 2012, the Code Compliance Inspector observed that the remainder of the fascia and soffit had been wrapped with the aluminum material. The Code Compliance Division issued a Notice of Violation. (Attachment C.) In response, Ms. Epperly decided to amend the application dated March 16, 2012, to include the additional work consisting of wrapping the remaining fascia and soffit and appeared before the ARB on July 12, 2012. The amended application is dated July 9, 2012. The staff report and meeting minutes are are 1 Rebuilding Together is a non-profit organization which provides home maintenance for low- income, elderly or disabled homeowners. attached. (Attachment D.) Ms. Epperly indicated that the remaining portions of soffit and fascia board were wrapped in aluminum siding, but agreed to table the application in order to continue to seek alternative funding sources to remove the metal siding and repair the underlying wood material. Staff contacted Rebuilding Together (at Ms. Epperly's request) to inquire about the status of the application for assistance. Staff was informed that the project, since it had been completed, no longer aligned with the organization's mission to ensure that citizens have a safe, warm and dry living environment. Ms. Epperly requested that the ARB table the amended application dated July 9, 2012, from the August 9, 2012 agenda, since she had not received a formal letter from Rebuilding Together. The letter summarizing their decision, dated August 28, 2012, is attached. (Attachment E.) On October 11, 2012, Ms. Epperly appeared before the ARB for a third time with the request for approval of installation of metal siding over the wood soffit and fascia. During the public comment portion of the meeting, Ms. Joel Richert, 415 Allison Avenue, S.W., testified that the Board of Old Southwest, Inc., offered to assist Ms. Epperly with the necessary repairs to the soffit and fascia. Ms. Epperly confirmed that she received their offer and indicated that she had met with Ms. Richert to discuss the proposal in greater detail. The parties could not come to a consensus on terms of an agreement. The property owner requested a vote from the ARB on the COA. The ARB, by vote of 0-6, denied the COA request. The October 11, 2012, meeting minutes and staff report are attached. (Attachment F). The ARB determined that the installation of metal siding over the existing wood soffit and fascia was inconsistent with the H-2 Architectural Design Guidelines for Siding. (Attachment G.) The original profile of the fascia had architectural detailing was obscured by the applied aluminum wrap as shown in the attached photographs. (Attachment H.) Ms. Epperly was notified in writing of the COA denial and her right to appeal to City Council by letter dated October 16, 2012. (Attachment I.) Ms. Epperly, represented by Mr. Jennings T. Bird, filed an appeal of the ARB's decision on November 7, 2012. (Attachment J.) On December 17, 2012, an appeal was heard by City Council. Ms. Epperly was represented by Mr. Jennings T. Bird, Attorney. The ARB was represented by Mr. Derek B. Cundiff, Chair of the Architectural Review Board. Council Member Betspitch moved that the decision be affirmed and that no Certificate of Appropriateness be issued to allow the applicant to wrap the existing soffit and fascia in aluminum as set forth in the application on the grounds that the installation and location were not architecturally compatible with the structure or historic landmarks in the H-2 District. The motion was seconded by Council Member Ferris. Council Member Trinkle recommended remanding the application to the ARB and suggested that if no solution could be found, the matter should come back to Council for additional action. The decision was remanded to the ARB, by vote of 6-0. After City Council's decision to remand the matter to the ARB, staff contacted the applicant on at least four occasions (January, 2013; February, 2013; March, 2013; and August, 2013) to file an application with the ARB. After failing to respond, City staff pursued the matter to compel action through Code Enforcement. The applicant appeared in General District Court on December 19, 2013, at which time the Court directed Ms. Epperly to appear before the ARB at the February, 2014, meeting. On February 20, 2014, the Architectural Review Board considered a new Certificate of Appropriateness Application filed by the applicant on January 14, 2014. The request was to remove aluminum trim from only the front of the home and repair/replace any decayed wood in-kind as needed. The existing aluminum soffit and fascia wrap, installed without prior approval, was proposed to remain on the sides and rear elevations (three sides) of the building. The ARB, by vote of 0-6, denied the COA request. The February 20, 2014, meeting minutes, COA application and staff report are enclosed as Attachment K. The ARB determined that the request to approve the installation of metal siding over the existing wood soffit and fascia on the sides and rear of the building was inconsistent with the H-2 Architectural Design Guidelines for Siding. The ARB determined that the H-2 Guidelines apply to all sides of the building and that the removal of the inappropriate treatment from one portion of the building does not comply with the H-2 Guidelines for Siding. Additionally, the applicant failed to address how the roof drainage will be handled once a portion of the metal is removed. The aluminum material appears to have been installed over the hidden gutters in two sections, connecting into individual panel sections covering the soffit and fascia. Failure to remove the aluminum material in its entirety followed by relining or other treatment may leave the building susceptible to water intrusion. This concern is illustrated in Attachment L. The current proceeding is Ms. Epperly's appeal from the ARB's decision on February 20, 2014. The matter has been continued two times at the request of Ms. Epperly. Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, its adopted Architectural Design Guidelines (Guidelines). The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are federal criteria for appropriate treatment of historic buildings and contexts. The H-2 Guidelines for siding are relevant to consideration of this application. Staff and the ARB cited these specific sections: "Identify and keep the original exterior siding materials as well as any unique siding. Important character-defining features include decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship." (Siding) "Do not replace sound historic siding with new materials to achieve an `improved' appearance." (Siding) "Protect siding from water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood." (Siding) "Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in size and shape, color and texture, and joint and weatherface exposure." (Siding) "Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design." "Do not replace missing siding with new siding that is incompatible with the remaining materials." "The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration." (Siding) Applying the Guidelines, the Board determined that the installation of metal siding over the existing wood soffit and fascia board obscures original, character- defining features and examples of quality craftsmanship, and will accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. Additionally, replacement with new materials, such as aluminum, to achieve an "improved" appearance is explicitly discouraged in the H-2 Design Guidelines for Siding as stated above. Please find a copy of the complete case files COA140016 and COA120062 enclosed for your review. The ARB members offered to meet with the property owner on site to provide further consultation on the project. Staff worked with the property owner to find financial assistance to complete the project in a manner that conforms to the H-2 Design Guidelines. The ARB and ARB Agent exhausted every potential avenue to assist the applicant, without compromising our mission to apply the Design Guidelines equally and objectively. Standard of Review to be applied by City Council: Pursuant to Section 36.2-530(c)(5) of the City Code, "City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board." Thus, City Council should consider the same Guidelines set forth in this report, apply the facts brought to City Council in this report, and those presented on July, 21, 2014, and render its decision based upon the Guidelines and the facts provided at the meeting of City Council. Recommendation: The Architectural Review Board recommends that City Council affirm the Board's decision to deny the issuance of a Certificate of Appropriateness as requested in the Application dated January 14, 2014. Sincerely, • Derek B. Cundiff, Chair Architectural Review Board cc: Christopher Morrill, City Manager Daniel J. Callahan, City Attorney Steven J. Talevi, Assistant City Attorney Brian Townsend, Assistant City Manager Chris Chittum, Planning Director Frederick Gusler, Agent, Architectural Review Board Jillian Papa Moore, Zoning Administrator Enclosure: COA120062 & COA140016 0 ATTACHMENT A Application for In-Kind Replacement & Repair This form is to be used for work not requiring ARB approval. 4 ,;all, PLEASE POST ON SITE ONCE APPROVED. -d� Submit by Email Print Form ROA N O K E Date of Application ry) Fl(C k ),t d t 2 _ _ I Site Address 1 43' L-1 Ask;N9 l'e>nl 441.)e• 5 •w. 6 gii0Ke 11/4 • t{ p i Property Owner: Name: Address: 11) P r■ hoN‘f LA ■la City: I � State: ) v►� Zip Code: a, q i q S rv�-f 0 , Ile Phone Number: r E-Mail: ` OL COWL _ R . p >4r P L E X;A) 1 (su-i eAs [ RL ; Ot. , REpL14Ct.` Brief Project Q O t Ls N S Po u4S 1 f' rJ G m -, No PLi�tAi ► oNS AJEea441 Description: (Work not requiring ARB approval includes painting and ordinary maintenance activities and replacement of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building,structure or landmark, where materials of the same design are used and the architectural defining features of the structure are maintained,) Submittal Checklist: fA completed application. I✓1 Photograph(s)of existing condition of the feature(s)proposed for repair or replacement(please provide as attachment). Certification: I hereby certify that the exterior work to be undertaken on this property will be done as described above and will be limbed to the described maintenance and in-kind replacement. Signature of Property Owner:f X Date: I Mau, 2`„, 01„, 012_,D� Department of Planning Building an Development ARB Agent Room 166, Noel C.Taylor Municipal Building Erica Taylor,City Planner II 215 Church Avenue,S.W. Phone: (540)853-1522 Roanoke,Virginia 24011 E-mail: erica.taylor @roanokeva.gov Phone: (540) 853-1730 Fax: (540)853-1230 Section Below to be Completed by Staff Tax Parcel Number: I 1 0 2 ) l3 Other approvals needed: fl Zoning Permit Base Zoning District: I elm_ F Building Permit Overlay Zone: + l\y2-- E Other Approved: Agent,Architectural Review Board: , , t-r`� Date: f : ley 1' - I' 41'! l'144'4.� .. -I 9ti l, 1 - w u • .....,,,tr , , d 4 r 4 d `Il , e`er, { a :. tY iq T t f' > f i _ , a - • , ,f 1 X t.• `1➢11e4 • i am. t '{' s } "i t .Y S ' • ".l IIII/IM MEM 1111111 Mil IWO t 4:. r _ II l R ..• 1 t y lr. .� z +, .. ATTACHMENT B CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD April 12, 2012 MINUTES The regular meeting of the Board was held on Thursday, April 12, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra John Fulton Others Present: Chris Chittum, Planning Administrator Candace Martin, Secretary Jillian Papa, Preservation Planner Steve Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda: C1. Approval of March 8, 2012 Minutes and Administrative Approvals C2. Request from 611 Jefferson, LLC, to install two adhesive window signs, one adhesive door sign and one aluminum wall mounted sign measuring 47" x 96" at 611 Jefferson Street, S.W. Ms. Dykstra made a motion to approve the consent agenda. Ms. Botkin seconded the motion and the consent agenda was approved by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes 2. Request from the Man Li Yang, represented by Alvin J. Everett, for the installation of horizontal vinyl siding over the existing plywood to match the front of the building located at 433 Janette Avenue, S.W. Architectural Review Board Minutes April 12, 2012 Page 2 Mr. Everrett appeared before the Board and said the apartment building had problems in past and they had been working on it for a year and half to bring it up to code. He said they had worked on the siding in the front and replaced it with new siding because it was cracked and chipped off. He said on the back, there was nothing but plywood and they put another layer of plywood over it. He said the vinyl siding would make it look better and the siding would match what was existing in the front of the house. Ms. Papa said staff approved the application as it complied with the guidelines for siding. She said the proposed material was compatible with the existing siding. Ms. Botkin said she agreed with staff comments. Mrs. Blanton made a motion to approve the application. Mr. Copeland seconded the motion and the application was approved by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes 3. Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Ms. Joyce Epperly appeared before the Board and said when the big snow came in February, the water was pouring down the side of house. She said she had a friend that knew someone who did gutter work. She said the gutters had been patched, re- patched and tarred but had to be replaced. She said lots of metal and patchwork had been done to the gutters. She said the contractor had replaced most all gutters except the left side. She said the front was finished and one gutter at the top stuck out and that's where the contractor stopped. She said the contractor replaced the wood and extended the metal out. Mr. Cundiff asked if the concealed gutter replacement was on the upper most roof level or did it include the smaller area in back and the front porch. Ms. Epperly said it was the upper and lower areas. She said photos were taken before the men started work. She said the material just crumbled. She said the gutters had not been repaired since 1915. She said it was really unexpected for her to have to do this. She said all the work had been done except one spot. Mr. Cundiff asked Ms. Epperly if she was replacing the downspouts. Architectural Review Board Minutes April 12, 2012 Page 3 Ms. Epperly said yes. Mr. Cundiff asked if the gutter on the lower porch roof had been replaced. Ms. Epperly said he did not replace anything on the lower porch roof. She said square gutters were there and she wanted to replace them with round gutters to 3 match. She said there were four square gutters towards the front and the others were round. Mr. Cundiff said it looked like 75 percent of the work was done. Ms. Epperly said pretty much. She said the contractor told her it would take 4 to 6 hours to finish the job if allowed to do so. Mr. Cundiff asked for public comments. Ms. Joel Richert, 415 Allison Avenue, S.W., said in the summer of 2005, she worked on the house through a City grant and repaired the front porch floor. She said the workshop granted improvements for older homes. She said vinyl covered gutters would produce leaks from water getting behind. She said she worried about things covered with vinyl and aluminum. She said there were other ways to get help through grants or money application that would work that would make the house remain outstanding. She said she would encourage Ms. Epperly to work with Ms. Papa for a solution. Ms. Papa said staff could not support the request as it did not comply with the H-2 Guidelines for Siding. She said the alteration would obscure character defining features and the proposed alteration will accelerate deterioration by trapping moisture underneath. She said staff would like to work with applicant to meet the guidelines with like material. Mrs. Blanton asked if the hidden gutters had been repaired. Ms. Botkin said it did not appear to have hidden gutters or they were covered up with metal. Ms. Papa said the application originated as an in-kind repair to gutters and resulted in full decking and wrapping. Mr. Cundiff asked if it was a gutter situation. Ms. Papa said in the pictures she saw, it appeared to be flushed with downspout. Mr. Cundiff said there were so many layers of goop. Mr. Talevi asked Ms. Papa if they were installing exterior gutters. • Architectural Review Board Minutes April 12, 2012 Page 4 Ms. Papa said no. She said the scope of work applied for was a wrapping of the soffit and exterior fascia. Mr. Cundiff said the in-kind replacement started repairing gutters and now work has been extended to wrapping the entire fascia with same aluminum area and soffit with original material at the gutter level. Ms. Blanton asked if the contractor was replacing rotten wood. Ms. Epperly said when taking the gutters up, they crumbled and underneath was rotten wood like in the pictures. She said her contractor told her it would be rotten wood and that would cost extra. Ms. Botkin asked if he replaced the rotten wood he took out with new and put metal on top. Ms. Blanton asked if all the rotten wood had been replaced with new. She asked if there was a good surface under the metal wrapping. Ms. Epperly said her contractor scabbed it in. She said he extended the metal out where it was but did not replace all wood just the pieces that were bad. She said removing all the work would be like opening a can of worms. Mrs. Blanton said she assumed when the contractor scabbed in wood, it was not necessary done to be finished surface Ms. Epperly asked the Board if they had the pictures from the neighborhood. She said the houses in same block were repaired or fixed similar to her house. She said her house would fit right in with the homes in the neighborhood. Ms. Botkin said in a lot of cases things happened to other houses before the Architectural Review Board was around or they were done inappropriately. Ms. Epperly said the houses looked fairly recent so they were done inappropriately. She said when they told her to stop she stopped the work. Ms. Botkin said based on the staff report and photos the Board had seen, it was not an application they would typically support. She said they did not want to see something already deteriorating covered up to collect more deterioration over the years. Ms. Epperly said she did not think that was the case. Ms. Botkin said it was hard to tell what was there and hard to decide with new picture, how the top was finished. She said it looked like he was trying to create a new gutter to drain to the downspout. Architectural Review Board Minutes April 12, 2012 Page 5 Ms. Epperly said nothing was done to the top board. Ms. Botkin said there were two pieces of trim board that were a bend on a new profile. Ms. Epperly said she couldn't really say and could not remember. She said her contractor showed her the metal and rotten wood. Ms. Botkin said her concern was that it was concealed off correctly and if water could get in behind and create more problems down the road. Ms. Dykstra said Ms. Botkin was correct. She said she was sympathetic to Ms. Epperly's situation. She said maybe Ms. Richert and Ms. Papa could offer assistance. She said it was tough for Board to hear the application and uphold the guidelines. Ms. Botkin said the plus was if they finished off top, that they did it in such a way the Board would have normally approved, she said the front covering of fascia was the issue. Ms. Epperly asked if she was talking about the back of the house. Ms. Botkin said yes. She said there was an enclosed addition that looked like a porch. Ms. Epperly said nothing was done in the back. Mr. Cundiff said given that there may be an opportunity for outside assistance in the process of replacing or putting aluminum over fascia and soffit, he asked Ms. Epperly if she was in agreement to table the application for one month and have Ms. Papa go out and take a look. He said he wanted to make sure the interim work was protected and water tight. He said he wanted to find out how much work was done to repair the fascia and soffit and the attachment method, He said the Board needed more information on how the work was done. He suggested the Board reconvene on the issue next month. Ms. Epperly said she would be happy to do that. She said Ms. Papa had been very good to guide through. Mr. Dalhouse asked Ms. Papa if it would be helpful to get hold off the contractor on the job. Ms. Papa said the contractor had been hard to get hold off. Ms. Epperly said the contractor was under so much stress from family issues. Mr. Dalhouse said it was hard to know what he had done unless he was asked. Architectural Review Board Minutes April 12, 2012 Page 6 Ms. Epperly said he had done everything on right side and in front of house. Ms. Botkin said Mr. Dalhouse wanted to know what the contractor removed and patched. Mrs. Blanton said if it came to point where all the wrapping had to be removed they want to know what the situation was underneath and how much could be used. She said she was trying to a feel of how much work could still stand and follow guidelines. Ms. Epperly said she had a friend that could find out what was under the gutters. Mr. Dalhouse said it was hard to tell what had been done. He asked if all the wood had been replaced underneath the gutters and if the contractor was interested in coming back to do work. Ms. Epperly said the contractor said he should have finished but was not certain if it was weather tight. Mr. Dalhouse said it was his opinion to table the application. Ms. Epperly said she was strapped for money. Mr. Cundiff said there was no problem with the installation on the horizontal surfaces. He said the contractor could complete the shingle work. He said the work down the side and soffits was in question. He said tabling the application and letting the Board learn about what's been done would get questions answered. Mrs. Blanton said maybe the worker would be available if the contactor was not available to meet with staff. Mr. Cundiff said the below dormer at top two or three rows of shingles not put back on, flashing lines the horizontal gutter would extend under the shingles. He said he was fine with replacing the shingles. Mrs. Blanton made a motion to table the application. Ms. Dykstra seconded the motion. The application was tabled by a roll call vote of 7-0, as follows: Mr. Dalhouse-yes Ms. Dykstra-yes Mrs. Blanton-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Fulton-yes Mr. Cundiff-yes ATTACHMENT C Prill1411111 Planning Building&Development 1 Noel Code C.Enforcement Division Taylor Municipal Building 215 Church Ave SW, Room 312 ROAN O K E Roanoke, Virginia 24011 June 4, 2012 Certified Mail No: 7012 1010 0001 7320 5279 and regular mail ZC 120430 EPPERLY JOYCE 210 ANTHONY LN TROUTVILLE,VA 24175 Dear EPPERLY JOYCE: Subject: 437 WASHINGTON AVE SW Property Zoning: RM-1 A recent inspection of the above-referenced property has determined that there exists a violation of the Code of the City of Roanoke(1979), as amended, in regards to: 36.2-331(c)Historic Neighborhood Overlay District(H-2). Certificate of Appropriateness. In the H-2 Overlay District, a Certificate of Appropriateness shall be required for the erection of any new structure,the demolition,moving, reconstruction, alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2-530 (b)(4), or in-kind replacement with the same materials,proportions, and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness. Metal wrap of soffits, eaves and trim is a non-approved material in the Historic District. You must remove this material or apply for a Certificate of Appropriateness within 10 days. Failure to do either will result in Legal Action In order to avoid further action by this department,the violation must be removed or corrected within 10 days of receipt of this letter. If you are aggrieved by this notice of zoning violation and order to comply with the above-cited Code provision,you are hereby notified that you have the right to appeal this order to the City of Roanoke's Board of Zoning Appeals within 30 days of receipt of this letter. If not appealed within 30 days the Zoning Violation and notice to comply shall be final. The filing fee is$250 plus the cost of the legal advertisement for the public hearing. Thank you in advance for your diligence in promptly correcting these violations. If you have any questions about this matter, including the appeal process, please feel free to contact this office at (540) 853-2344 between 8:00 a.m. and 5:00 p.m. Monday through Friday. Sincerely, g90.1214:1 Christopher Boehling Codes Compliance Inspector ATTACHMENT D CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD July 12, 2012 MINUTES The regular meeting of the Board was held on Thursday, July 12, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra John Fulton Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner David Collins, Assistant City Attorney The following items were considered: 1. Consent Agenda: C1. Approval of June 14, 2012 Minutes and Administrative Approvals C2. Request from Jim Haynes, on behalf of the owner, Kevin Kittredge, to remove a pair of windows and install a door accessing a new deck, landing and stairs at the rear of the property located at 363 Woods Avenue, S.W. (Unit B). C3. Request from RTDD, LLC, to install a metal hanging sign with wrought iron bracket at 10 Campbell Avenue, S.E. C4. Request from Ruth Allaire, to remove a door and install a double-hung wood window measuring 28"x52" at the second story of the rear of the property located at 1017 Ferdinand Avenue, S.W. C5. Request from SPON, LLC to replace the exterior stairs and landing accessing the second story of the structure located at 914 41/2 Street, S.W. (419 Highland Avenue, S.W.) C6. Request from Jeffrey Karr, represented by McCoy Darby, to remove and replace the stairs on the rear porch in-kind, install new handrails and guards to comply with building code, install lattice on the west elevation of the porch at the rear fluted wood columns on the front porch located at 368 Walnut Avenue, S.W. ATTACHMENT E Rebuilding 4 Together1. Roanoke www.RebuildingTogetherRoanoke.com August 28,2012 Joyce Epperly 210 Anthony Lane Troutville VA 24175 Dear Ms. Epperly: I am writing to let you know the status of your application to Rebuilding Together— Roanoke for repairs to the property at 437 Washington Avenue,Roanoke. I regret to inform you that your house does not qualify for our prop . We can only work on homes where the homeowner residesiirthe home and the goals for the work that we do are o ensure that homes are warm, safe, dry, accessible, and energy efficient. The work that you are asking for does not meet those criteria. The work that has been done on your home appears to be of ood quality and we would not be able to expend funds to remove and replace the existing maters s. We estimate that the work that you are requesting(to remove recently repaired materials and replace them with new wood, etc.) would cost approximately$10,000. We recommend that you make an effort to contact City officials,Architectural Review Board, etc. and try to obtain waivers, or other ways for you to retain the existing repairs that have been made to the property. I hope that you are able to find a reasonable and affordable solution to the situation at 437 Washington Avenue. cerely, dward Murray Executive Director P.O.Box 4532 • Roanoke,Virg nia 24015 • Phone/Fax(540)483-5600 • Email:RebuildingTogetherRoanoke @yahoo.com ATTACHMENT F CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD October 11, 2012 MINUTES The regular meeting of the Board was held on Thursday, October 11, 2012. The meeting was called to order at 5 p.m., by Derek Cundiff-Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Alison Blanton (late) Barbara Botkin Aaron Copeland Derek Cundiff Warner Dalhouse Mary Dykstra Members Absent: John Fulton Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner Chris Chittum, Planning Administrator Steve Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda C1. Approval of September 13, 2012 Minutes and Administrative Approvals C2. Request from International Realty and Development, represented by Sign Design of Roanoke Inc., for installation of a hanging sign and four vinyl adhesive window and door signs for the property located at 307 Market Street, S.E. C3. Request from Darrell Craft, represented by Sign Design of Roanoke Inc., for installation of a freestanding sign for the property located at 207 Albemarle Avenue, S.W. C4. Request from Paul Miller to replace a metal roof surface with EPDM at 617 Elm Avenue, S.W. C5. Request from Community Properties LLC, represented by Kenneth Shively, to remove and replace the existing rear porch rails for the property located at 501 Mountain Avenue, S.W. C6. Request from Virginia Appalachian Properties, LLC, to demolish an accessory structure at the rear of the property located at 406 Day Avenue, S.W. Ms. Dykstra made a motion to approve the consent agenda. Architectural Review Board Minutes October 11, 2012 Page 2 Mr. Dalhouse seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Botkin-yes Mr. Copeland-yes Mr. Cundiff-yes 2. Request from Joyce B. Epperly to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S.W. Ms. Epperly appeared before the Board and said on March 2, 2012, she requested an application for an in kind repair for the gutters. She said on March 15, 2012 she was cited for improper permit and April 12, 2012 she came to the Architectural Review Board and we discussed the aluminum on the fascia, soffits and trim. She said Ms. Papa suggested Rebuilding Together assistance to remove aluminum from the fascia, soffits and trim. She said in the meantime on April 25, 2012, she got a contractor to come by house to see how much it would be to remove the aluminum and his estimate was $4,100. She said on May 1, 2012, Ms. Papa met with Mr. Chitwood and they discussed the removal of aluminum and there was no cooperation from Mr. Chitwood. She said on May 14, 2012, she was still trying to work something out and met with Mr. Tom Carr, Ms. Papa, Mr. Chris Chittum and Mr. Jeff Shawver and they all agreed Ms. Papa would work with her to resolve the problem. She said on June 6, 2012, she received a certified letter from Christopher Boehling which gave her ten days to remove the aluminum or file for a Certificate of Appropriateness. She said on June 10-11, 2012, Mr. Chitwood came back completed the unfinished side. She said on July 12, 2012, she hadn't received the Rebuilding Together letter and the application was tabled. She said on August 25, 2012, she received a letter from Rebuilding Together that stated they regretted the house did not qualify for their program and could only work where homeowners resided and the goals were to ensure safety. She said the work she was asking for did not meet their criteria because of the work that had already been done and the home appeared to be of good quality. She said to remove and repair the aluminum would cost $10,000. Mr. Leftwich said it would cost around $7,500. She said Mr. Chitwood did replace the rotten wood. She said at the September 13, 2012 Board meeting, her application was tabled due to personal issues. She said on September 29, 2012, she received a letter from Old Southwest Inc. that requested she contact them if she was interested by October 5, 2012. She said she contacted Mrs. Richert and they had a lengthy conversation at the Gish House. She said Mrs. Richert suggested Dave Valentine, contractor, to take the aluminum off and Old Southwest, Inc. would donate $1,000. She said she met with Dave Valentine and she could not agree with him. She said her concerns were having one person to remove the aluminum and another contractor for the cost and labor. She was concerned that Old Southwest, Inc. didn't have enough funds at that time. She said they suggested doing one area at a time. She said she had to make sure they had a binding contract because verbal was not good enough. She said the contractor didn't know the cost until they pulled it off. She said she was scared to death to not know cost of the work. She said that was her rejection to her suggestion. She said she couldn't go into something like that wide open. She said when she took over the property it was for her uncle and it was filthy and unsafe. She said she knew it was a historic area but didn't realize the rules and restrictions. She said Mr. Larry Earl introduced himself when she Architectural Review Board Minutes October 11, 2012 Page 3 came into the neighborhood and gave her advice on what you could and couldn't do. She said she didn't have the money for the removal. She said I am retired and had hired an outside inspector and he told her the major things to be done. She said when she got the permit it was to repair and replace the gutters. She said the contractor had been doing work for 25 years. She said he told her there was rotten wood on the fascia and while he was there he could fix that. She said she pretty stressed out over the matter. Mr. Cundiff asked for public comments. Ms. Joel Richert, 415 Allison Avenue, S.W., said Old Southwest, Inc. group had done 12 or more projects under neighbors helping neighbors and in 2005, they repaired porch at 437 Washington Avenue, S.W. She said Old Southwest Inc., sent a letter of intent signed by Tim Taylor to help repair the fascia and soffit on the house and her part of the project would be to hire someone to remove the aluminum wrap. She said they met on October 25, 2012 to discuss the project. She said on October 9, 2012, Ms. Epperly met with Dave Valentine to discuss the removal of the wrap at her expense. Old Southwest, Inc. would pay for the soffit and fascia repairs and Ms. Epperly would pay for the removal. She said Old Southwest, Inc. had decided to withdraw the offer because no agreement was made. She recommended the City take the appropriate steps with Code Enforcement. Mr. Dalhouse asked Ms. Richert if she had the estimates to be paid by Old Southwest, Inc. Ms. Richert said it would be $3,000 or less but had no estimate. She said the Board voted unanimously to approve the expense. She said the budget depended on if they had carry over from the previous year. Mr. Dalhouse said that was a nice thing for Old Southwest, Inc to do. Ms. Richert said they only did the exterior no interior work. Mr. Cundiff asked Ms. Richert, even though there was no estimate, were they prepared to cover the expenses. Ms. Richert said yes. She said they did ask Ms. Epperly to have the aluminum wrap removed at her own expense. Mr. Dalhouse asked what would happen if the project cost was $5,200. Ms. Richert said they used volunteer work, reduced rated, and donated materials. She said Home Depot gave paint to them and had a lot of donations. Mr. Dalhouse said Old Southwest, Inc. had a lot of confidence they could follow through with the project. Ms. Richert said absolutely. She said she was sure of it. Mr. Cundiff asked if they presented owners a written contract. Architectural Review Board Minutes October 11 , 2012 Page 4 Ms. Richert said no. She said she had talked to the person who did the work last year and it was just a handshake and never been an official contract. She said she could have written one up but it wasn't done in time. Mrs. Blanton asked the reasoning behind Old Southwest, Inc. withdrawing. Ms. Richert said Old Southwest, Inc. decided in September to make their intent known and to make the improvements. She said they formed the letter and mailed it to Ms. Epperly. She said at the October Board meeting, they realized she had met with Ms. Epperly and that she was uncertain, had a lot of questions, and didn't know what she wanted to do. She said there was no movement towards the agreement and today was our deadline. She said she was not going to dangle the offer for another six months. She said Old Southwest, Inc. was not willing to go any further. Mr. Larry Earl, 430 Washington Avenue, S.W., said he lived across from 437 Washington Avenue. He said they do a house and paint them every year for neighbors helping neighbors. He said he had been acutely aware of Ms. Epperly's project and would routinely go by and keep an eye on her uncle. He said he knew she came to Architectural Review Board. He said she was only looking to get the gutters relined, that's what she needed. He said her contractor took advantage of her. He said Ms. Epperly had no clue about the certificate of appropriateness. He said he looked at house every day, prefer wooden soffits and fascia, but in this particular case, the work had been done and it was acceptable in his mind. He recommended approval for the case. He said she was taken advantage of. He said neighbors helping neighbors improved the exterior and painted but didn't have enough volunteers in the neighborhood to remove and repair soffits and fascia. He said it would turn into a remodeling revolution because it was a two story brick with a sloped yard. He said he recommended the Board approve the aluminum because of the circumstance. Mr. Danny Trent, Hendricks Store Road in Moneta, said he was an old friend of Ms. Epperly's. He said it took three years to get the house back in condition. He said the upstairs had extensive water damage and the house had a lot of repairs. He said he recommended the contractor, Mr. Chitwood, and had observed the work done. He said he looked at the gutters and Mr. Chitwood had done a good job of what he put in and did put up new wood. He said he took advantage of Ms. Epperly. He said it would be a shame to tear it off and start again. He said he wanted to Board to make an exception for her. He said you couldn't tell it wasn't wood from the street. Mr. Cundiff asked for staff comments. Ms. Papa said the proposed alteration did not comply with the H-2 Guidelines for Siding; it will obscure original, character-defining features and examples of quality craftsmanship, and will accelerate the rate of deterioration of the historic materials by trapping moisture between the two materials. She said additionally, replacement with new materials to achieve an "improved" appearance is not recommended. She staff could not support the application as submitted. Mr. Cundiff asked for Board comments. Ms. Botkin said she felt for Ms. Epperly and agreed with Mr. Earl to an extent. She said the Architectural Review Board Minutes October 11, 2012 Page 5 Board couldn't get caught up in an exception based on circumstance. She said it looked okay but based on the guidelines, they didn't have proof other than the visual inspection prior to aluminum being installed. She said it was a real hard decision to make. She said she couldn't support the application because it didn't fit with the guidelines. Mr. Talevi asked Ms. Papa to be more specific about features being obscured. Ms. Papa said the historic material was concealed beneath the new material. Mr. Dalhouse asked for clarification about the aluminum causing more deterioration. Ms. Papa said there was nowhere for the moisture to escape with the aluminum. She said it would just fester underneath. She said it was a visual and functional problem. Mr. Dalhouse said he mirrored Ms. Botkin's feelings about the case. He said it was border line emotional. He said the Board was in an untenable position that made him uncomfortable. He said the Board would be in a deeper hole than they were in if they granted a waiver. He said it was their job to adhere to the guidelines. He said he would like to help but didn't know how. Ms. Epperly said in regards to the moisture, there were 17 houses that had aluminum over fascia, soffits and trim work. She said she was not saying two wrongs make a right. Mrs. Blanton said Ms. Epperly's description and Ms. Richert's did not match up. She said Ms. Epperly was concerned about the cost after the aluminum was removed and Ms. Richert said she was only responsible for removal of the aluminum and Old Southwest, Inc. would take on the actual repairs. She asked if there was a misunderstanding. Ms. Epperly said Mr. Valentine was going to take off all the aluminum and then Old Southwest, Inc. would seek donations for material and labor. She said she had been stung twice and recommended a binding contract. She said she didn't trust people. She said she the work could cost $7,500 but would not know until the contractor came in and took it off. Mr. Dalhouse said under Old Southwest, Inc. agreement, you would only be responsible for the removal of the aluminum. Ms. Epperly said that was correct. She said she didn't like to make quick decisions. Mrs. Blanton said she was sorry that it didn't work out. She said nobody liked the position they were in. Ms. Epperly said she couldn't go into it not knowing the contractor and the cost of labor. Mr. Copeland said Old Southwest, Inc. would only take down one side at a time and assumed all costs at a discounted rate. He said Mr. Earl could vouch for Old Southwest, Inc. Mr. Cundiff said the original scope was water proofing of the gutter and that should have solved all the moisture issues. He said it was a good faith offer from Old Southwest, Inc. but Architectural Review Board Minutes October 11 , 2012 Page 6 could agree with Ms. Epperly about leaks or damage. He said it could cost more once the contractor got into it. He said they were at a point where the offer was no longer on the table. He said he agreed with the other members of Board that are tasked with responding to the guidelines put in place by Secretary of the Interior. He said they were not allowed to make exceptions based on individual financial, family situations or taken advantage of. He said the best thing to do is to vote tonight and let Ms. Epperly move forward. Ms. Dykstra said they would solve the situation if they could. She said she felt badly. Ms. Dykstra made a motion to grant the Certificate of Appropriateness as submitted. Mrs. Blanton seconded the motion and the application was denied by a roll call vote of 0-6, as follows: Ms. Dykstra-no Mr. Dalhouse-no Ms. Botkin-no Mrs. Blanton-no Mr. Copeland-no Mr. Cundiff-no 3. Request from Jim Haynes to remove and replace front porch roof with standinq seam metal, install half-round gutters and downspouts, remove porch columns and build new, tapered boxed columns, install a fixed window with transom above on the front façade, install a half-light front door with transom above, install a casement window in the front dormer, construct a two-story addition (covered porch on the first floor) at the rear of the property located at 549 Elm Avenue, S.W. Mr. Jim Haynes said the door on the front would be painted and new glass installed. He said the back door was a full view door. He said on the east side, a window would go on the top floor and the bottom floor would open as a porch. He said the east elevation was the same as west elevation without the door with a window above. He said the dormer and roof pitch was not drawn to scale but was pretty darn close. Mr. Cundiff asked for staff comments. Ms. Papa said the applicant had addressed the comments from the staff report and staff recommended approval. Mr. Cundiff said typically with an addition on the back, it would be offset a couple of feet. Mr. Haynes said the site plan showed the offset on one side. Mr. Cundiff said the offset shown was three feet. Mr. Haynes said the back of house did not concern him. He said the Board could concentrate on the front porch. ATTACHMENT G 37 Siding ARCHITECTURAL DESIGN GUIDELINES FOR THE H-2 DISTRICT CITY OF ROANOKE 1 GUIDELINES FOR PRESERVATION AND P MI P REIIABILITATION • Recommended actions or treatments are indicated by . ---- • Actions or treatments not recom mended are indicated by ..I II on Retaining Existing Siding Identify and keep the original exterior (��r siding materials as well as any unique .„ . - siding. Important character-defining fea- tures include: • decorative shingles, 4 • texture, • pediments, DEFINITIONS Clapboard siding was popular in the H-2 Dis- • cornices and frieze boards, Architrave. An ornamental trict during the late nineteenth centun. molding used around doors g • beaded or novelty boards, and windows. • architrave moldings, and Caulking. A rubber-like Residences of the H-2 Historic District compound used to seal demonstrate the diversity of siding materi- • examples of quality craftsmanship. cracks and joints and pro- als available in the late nineteenth and Do not replace sound historic siding vide waterproofing. with new materials to achieve an Clapboards. A type of early twentieth centuries. Novelty siding wood siding,thicker along (also known as German or drop siding), "improved"appearance. the lower edge than along popular during the late nineteenth century, the upper edge. appears frequently as an exterior material. Cornice. Decorated trim I. 71 r % work placed along the top of Many district Bungalows and American t a wall. Foursquares exhibit the wide,sawn clap- ,, %'i i I Entablature. The beam boards characteristic of the Mid-Atlantic carried by columns,corn and Southern states,while many Queen . .J - texture monly decorated by trim molding. Anne styles possess geometrically pat- I pedenenr Flashing. Pieces of sheet terned wood shingles.These types of sid- metal or flexible membrane ings help to define the visual character of a used to protect joints from building. ,,•' ' f water penetration. g t ._,'n'Y.1 ' j ] .;. .t i Pediment. A decorative IMPORTANT CONSIDERATIONS... %t",'{'r + , 1 molding,typically triangu- r ,':' { , 'i. lar shaped,placed over decorative shingles arch doors and windows. architrave rnoulding Shingles. Siding or roofing Historic wood siding is a distinctive feature of piece typically made of many Roanoke residences. The H-2 District has a variety of siding and wood,tile,concrete,or slate, Changing or covering siding can often alter or wood features and decorative details. used as a covering and ap- plied in an overlapping destroy the authentic character of a building. pattern. Both new and historic siding require periodic Weatherface exposure. The maintenance to give a building proper weather side of overlapping wood siding boards that is visible. protection. valwer ! such treatments include: � ra �`��� • plywood or wood paneling, wfv,.� ir. M k 3 S • simulated stucco, • exposed aggregate board,and 1111111111111* - ,„ • simulated brick, asphalt, and asbestos JJ-_ shingles that cover original wood clap- -.,,1- ,_r b boards or shingles. 4LIPia NI la* 1 .-∎ Assess the impact of removing any cover- up materials by first removing a small area el 2 of the material in an inconspicuous location. OWN I It I { T �T -�-+-t.: 1 i �I. : . Wood shingles are often an important defining I_ j feature of a buiIding's style. '1 i Preventing Deterioration . Protect siding from water damage by: ‘` y, • i • repairing leaking roofs,gut- 1 t ters, and downspouts, • securing loose flashing around chim- ► neys and other roof openings, • grading the ground to slope away from the building, • protecting against insect or fungus in- 'N, festation, • v • replacing deteriorated caulking in 4. joints, :. • replacing missing downspouts, ..-c _ v • unclogging gutters, ax ; `.. • using splash blocks,and j , i • priming both sides of new wood. - _.. 1 I < ; 4, Select good-quality,quarter-sawn siding { _. free from knots,checks,or wild grain to t �" `", prevent warping of replacement materi- ..,._1' 1'' ' , als. .. 1 ;..r Do not use chemical preservatives that `; C change the appearance of exterior siding hi I and wood features. ;. _4- R, Removing Inappropriate Treatments The before,shown above,and after,shown below, Some owners may wish to remove inappro- illustration demonstrate how removing cover-up priate treatments and restore the property siding helps to restore the character of a building. to a more historic appearance.Examples of Repairing Damage X Do not replace missing siding with new sid- 39 Repair cracks and splits by gently open- ing that is incompatible with the remaining 7 ing them,removing debris,and sealing materials. with a waterproof glue. Consider using epoxy consolidants to re- New, Replacement,and Substitute $ build deteriorated elements. Siding Repair any deteriorated siding that is X The application of synthetic sidings over exposed following the removal of inappro- priate treatments.Rot and insect infestation original siding materials is inappropriate for 40 may have occurred. these reasons: • Radical change in appearance can result Remove deteriorated wood by cutting when original materials are covered. This out damaged areas or removing affected is particularly true when wood siding is "' elements,such as individual clapboards. covered with synthetic siding;these mate- Retain as much of the sound original mate- rials can never replicate the patina,tex- rial as possible and repair it by splicing in Lure or reflective light qualities of wood. new materials of the same species. The thickness of added siding also re- Do not replace a deteriorated feature if it duces the depth between the exterior wall can be repaired. and the window and door frames,thereby Do not caulk the gap between overlap- eliminating natural shadows and creating ping clapboards when painting or making a"flat"look that diminishes the architec- repairs. This traps interior water vapor tural character, within the wall and can lead to deteriora- • When synthetic siding materials are used, Lion. original architectural features are often removed to facilitate the installation of the Replacing Missing Siding new material. The results in change of Replace missing siding using established appearance and style of the building,and preservation techniques,such as patching case cause damage to the original siding. or piecing in.Materials should conform • Installation of synthetic siding without exactly to the original in: proper vapor barriers and ventilation can cause excessive moisture building in the • size and shape, cavity between the original wall and the • color and texture,and new material, • joint and weather-face exposure. • Synthetic siding is often marketed as be- DEFINITIONS Caulking: A rubber-like \'Replace missing wood elements by using ing"maintenance free"and therefore compound used to seal identical ones taken from an inconspicuous cheaper than traditional materials.Alumi- cracks and joints and pro- location,such as the rear or side of a build- num siding may chalk or fade after instal- vide waterproofing. ing.Replace the borrowed elements with lation,and dents and scratches easily. Checks: Shallow,irregular cracks. newly fabricated ones of the same design. Vinyl can get brittle and break in very Clapboards: A type of cold weather or melt and warp in hot wood siding,thicker along weather,and if painted,it will have to be the lower edge than along painted as often as wood, the upper edge. Cornice: Decorated trim •• Synthetic siding is often applied to a work placed along the top of --- building in need of maintenance and re- a wall. ' t pair. New cladding may cover up poten- Shingles: Siding or roofing — � tial problems that can become more seri- oe typically made of wood,tile,concrete,or slate, they are no longer ous once the ler visible,and it w used as a covering and ap may create the perfect atmosphere for the plied in an overlapping establishment of decay and rot. pattern. Weatherf ace exposure: The side of overlapping wood siding boards that is visible. Replace wood siding with siding to match the original. ATTACHMENT H 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding applied to approximately 75% of wood soffit and fascia. YL ., I xA T II . I ..4„,.,4.. ..--- -1-a .4.. , ,,.. ...,_,..2„„ . ,._:...,„.w.s„,4.,„ ... . , _ ,____ Yid ��... ...M1..._ ■_ •__ :-.7:-/----• .- , A. ,.,..,�..we.. r L=1 i - &MO MIN allilla 1111.111.11 g _ il ....r.„. 7. . i_ � - Z s 1 _. 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. / New, aluminum siding ISOMMINIMMili MOM IMO ; 7 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. The smooth, flush surface of the aluminum does achieve this profile. ■ / � 0' fp, 1°' ej':0 .1•Of 2:0 0 01 I 0 ill 1111•1:001.47." *le". 7 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. ,, gregiou wog. 437 Washington Ave, SW. Photo taken 4/11/2012. Aluminum siding obscuring underlying character-defining details and molding profile of wood soffit and fascia. The smooth, flush surface of the aluminum does achieve this profile. \N\ Flush, Aluminum surface obscuring underlying historic details. New material will trap moisture and accelerate a" deterioration of underlying wood. ATTACHMENT I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 '^' Roanoke,Virginia 24011-1536 .. '_ "� Telephone: (540)853-2541 s Fax: (540)853-1145 E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB November 8, 2012 Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Joyce B. Epperly, in connection with a decision of the Architectural Review Board at its meeting of October 11, 2012, denying a Certificate of Appropriateness to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was filed in the City Clerk's Office on Wednesday, November 7, 2012. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, I will schedule a public meeting on Monday, December 17, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Ms. Epperly. Sincerely, f L Stephanie M. Moon, MMC City Clerk Enclosure Mayor and Members of Council November 8, 2012 Page 2 pc: Joyce B. Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Planning Administrator, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board "Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL JOYCE EPPERLY ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): JOYCE B. EPPERLY 2. Doing business as (if applicable): N/A 3. Street address of property which is the subject of this appeal: 437 Washington Ave. , SW, Roanoke, VA 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: October ii1 2012 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Wrapping the existing soffit and fascia board in aluminum 8. Groundsforappeal: Certificate of Appropriateness was denied causing hardship to the property owner and requiring ar"tinr1 incnngic tP,nt with other propPrtiPs aimi tarty situated 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Jennings T. Bird, 4800 Pleasant Hill Dr. , SWI Ste 203 Roanoke, VA 24018 540-982-1500 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: Name: Name: Joyce B. Epperly (print or type) (print or type) Name: Name: Jennings T. Bird (print or type) (print or type) TO BE COMPL I B IP TY CLERK: Received by: Date: //4/2.> v ATTACHMENT K CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD February 20, 2014 MINUTES A special meeting of the Board was held on Thursday, February 20, 2014. The regular meeting of the Board for February 13, 2014, was continued due to inclement weather. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Barbara Botkin Katherine Coffield Aaron Copeland Derek Cundiff Warner Dalhouse John Fulton (late) Members Absent: Mary Dykstra Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner Frederick Gusler, Senior Planner Steven Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda C1. Approval of January 9, 2014 Minutes and Administrative Approvals. C2. Request from Steven Rosenoff to amend COA130209 to increase the width of the existing awning for the building located at 202 Market Square, S.E. Mr. Dalhouse made a motion to approve the consent agenda. Mr. Copeland seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Mr. Dalhouse-yes Ms. Botkin-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes Architectural Review Board Minutes February 20, 2014 Page 2 2. Request from Jennings T. Bird, on behalf of Joyce Epperly, to remove metal wrap applied to the soffit and fascia and repair/replace any damaged wood in-kind for the property located at 437 Washington Avenue, S.W. VERBATIM: Jennings Bird: I am Jennings Bird and I have been working with Ms. Epperly for well over a year regarding this property. The work that was done was not strictly in compliance with the standards adopted in this area. It was done in order to preserve a portion of the building to avoid further influx of water that had done extensive damage to the interior as well as exterior work that had to be repaired on the brick wall. What she is asking at this point, is to be allowed to remove the aluminum fascia that wraps around and serves as a soffit. Not knowing what she will find but based on previous work that was done; she believes there will be some repair work to be done to the wood itself. To repair that wood and repaint, as she understands it, would bring it back into compliance with the way the fascia was in the 20's or 30's whenever it was built. The response from Ms. Papa points out that doing that would not bring it back into compliance fully because the same treatment has been done to the two sides of the house. The item that was objected to in doing this, was the appearance. You don't see the sides of the house from the street. It is our position that an appropriate remedy, bear in mind that she is asking for a certificate of appropriateness, an appropriate remedy would be to bring the front into compliance with what Architectural Review Board staff is requesting. Two things I would suggest in considering this, three things, a certificate of appropriateness, appropriateness is not an absolute standard and doesn't mean an exact replica of whatever may have been there. Look around the neighborhood, there are 17 houses in the immediate area with the same lack of compliance and yet those houses are deemed appropriate because nobody has told them to tear the house apart and redo the cosmetics, The other thing I would bring back to your attention is the matter before Roanoke City Council in December of 2012. City Council sent it back to the Architectural Review Board to find a resolution to the problem. As we see it and it has been a slow process, we have not seen any indication from the Architectural Review Board of any effort to resolve the problem. What we've heard from staff was that we will review whatever you propose. We know what the answer to that will be, it's going to be the same as what you all sixteen/eighteen months ago. There has never been any communication. We would like to suggest, will you consider, and these are things that happen when you resolve an issue. We are asking for your consideration of a certificate of appropriateness to do what the lady has asked to do, to bring it into substantial compliance, it will preserve the house and maintains the integrity of the neighborhood. I believe you saw pictures of some of the damage done to the hidden gutters. She's done a tremendous amount of work at a considerable expense to solve that problem. She could not salvage the house without dealing with the hidden gutters. She also chose to maintain the integrity of the neighborhood by continuing the use of the hidden gutters instead of going to the half round gutter that has been approved at several other houses. The response from Ms. Papa to our proposal raises the question, aluminum Architectural Review Board Minutes February 20, 2014 Page 3 material appears to have been installed over the hidden gutter in two sections, and will it be removed from the hidden gutters as well? To the owner's knowledge, there is no aluminum over the hidden gutters. She has not climbed up there personally, but there is no intent to cover up the hidden gutters. She does have the contractor, Bill Smith, with her tonight. Ms. Epperly has appeared before you so much in the past, she's probably tired of it and prefers not to say anything. One last point, when you were dealing with this house back in the summer/fall of 2012, there was some confusion over the ownership of the house. Her uncle Raymond was living there at the time under a life estate. By then, Ms. Epperly had become owner of the remainder interest subject to the life estate. The only person who had the legal right to live in the house was Raymond. He has since died. He died in November. Ms. Epperly is the sole owner of the property. Thank you and we will answer any questions you may have. Mr. Cundiff: Thank you, do we have anyone signed up for public comments? Ms. Papa: Yes. Joel Richert: The Board of Old Southwest met at their meeting and agreed to support the comments of the Design Application Review Committee and city staff. The guidelines are very clear on repairs and replacements on structures in the historic district should be. It is of upmost importance to protect the soundness of each structure and the architectural integrity. The 17 houses on the block that don't meet current compliance were done many, many years ago. We have had this conversation before and would not be susceptible to the guidelines. We became a historic district close to 1990. I have met with Ms. Epperly and Mr. Bird to discuss the issues. We believe it needs to be repaired in its fullness for the soundness and the architectural integrity of the building. Mr. Cundiff: Did anyone else sign up to speak? Ms. Martin: No. Mr. Cundiff: Can I have staff comments? Ms. Papa: I cannot support the request as submitted as it does not fully demonstrate compliance with the H2 guidelines for siding as specifically stated in the Design Application Review Committee comments. The application does not fully demonstrate compliance with the H2 guidelines for Preventing Deterioration, specifically "Protect siding from water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood." In staff's opinion, the proposed treatment would be susceptible to deterioration. Additionally, the application does not demonstrate compliance with new replacement or substitute siding specifically, The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding Architectural Review Board Minutes February 20, 2014 Page 4 can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration." The H2 guidelines do apply to all sides of the building; therefore, staff cannot recommend approval of the request as submitted. Mr. Bill Smith: I'm Bill Smith and I own and operate Smith's Home Improvement at 815 Centre Avenue, Roanoke, Virginia. We have been there since 1982. Ms. Epperly called me to take a look at the problem and figure out a resolution for compliance with the rules and regulations. I know the rules and regulations because I have worked on houses in the historic district and have always been in compliance. I know it's a tough thing to do to keep the houses looking good and make them look old and keep the architectural view that you guys want. The only thing I told Ms. Epperly they could do was to help her get her house in compliance. It's expensive and we gave her a price on doing that. Mr. Cundiff: If I may interrupt, I am understanding that the request as it stands was to bring the front fascia into compliance and leave the three sides of the building as it currently exists. Mr. Bird: That is correct. I believe Mr. Smith is looking to the future and he is stating the cost of doing the three sides as well. Mr. Cundiff: Can I have staff comments? Mr. Talevi: Can I ask a couple of questions for Mr. Bird? Mr. Cundiff: Yes. Mr. Talevi: I am the assistant attorney for the City, these other locations that you referenced that are not in compliance with the regulations or guidelines; do you know when they were built? Mr. Bird: Not in my personal knowledge. As Mrs. Richert pointed out, some of these were done before the district was established, have been done since or may have been done under circumstances that the Architectural Review Board or the City did not know they were being done until they were complete. Mr. Talevi: That's my point to you. You don't know which ones were done when? Mr. Bird: No I don't. I would point out one thing, I met with Mr. Talevi not too long after City Council made its decision in December and suggested the issue be referred to mediation. I was a bit surprised that the City was not allowed to mediate. Even when we are proposing an alternative and find a way to this work out, it's like running into the wall and we are meeting nothing but resistance. Mr. Dalhouse: We don't have the flexibility of compromising the guidelines even if we were inclined to. I don't know that the Board is inclined to or not. The way I have understood our assignment is to make these kinds of remodelings in Architectural Review Board Minutes February 20, 2014 Page 5 compliance with the guidelines. The Design Application Review Committee was quite concise and quite clear. It's not a matter of not wanting to compromise, we can't compromise. Just as Mr. Talevi suggested we can't mediate. We don't have the power to change the guidelines in flight. Mr. Cundiff: May I agree with Mr. Dalhouse. We are tasked with working within the guidelines to find what is and is not appropriate with respect to the guidelines that have been established over the years with the establishment of the Architectural Review Board. With that being said, we cannot, on the fly, change guidelines without compromising our position and maintaining the consistency in the historic district. Mr. Bird: One of the things that perplexes me with this whole process is the tremendous adherence to the standards that are not set as mandates. What does the term guideline mean? Guidance. Guidelines are not necessarily restricted and not necessarily mandates. I think within a legal prospective and Mr. Talevi will probably disagree with me 100 percent, but the context in which I work is in relation to child support guidelines. Even in the statute from the Legislation of Virginia, the guidelines to establish guidelines for child support says a deviation from the guidelines is appropriate if the Judge explains why. The statute points out certain situations are appropriate from deviation of the guidelines. I would suggest that the Architectural Review Board is too strictly enforcing matters that are intended to give guidance and directions rather than handcuffing people to standards that are very expensive and on any cost analysis don't work out. I would suggest if that's the approach the Architectural Review Board intends to continue taking, instead of having people apply for a certificate of appropriateness, simply re-label it as a certificate of strict compliance. Ms. Papa: The Architectural Review Board does make its decisions based on guidelines and do afford the applicant an opportunity to respond with a justification when they aren't able to meet the letter of the guidelines. The response in the Design Application Review Committee gave you insight into our concerns as far as our adherence to the guidelines. You haven't presented sufficient evidence to demonstrate that you have mitigated any of our concern. The Board has the discretion to consider that and take it into consideration. Mr. Dalhouse: Jennings, you referred to General Assembly having suggested that guidelines could be mitigated but the General Assembly put that in writing. City Council has not done that to give us any kind of leeway. Mr. Bird: I mentioned that merely as an example of what guidelines mean. Ms. Botkin: He did mention on that same basis, that the verbage in the guidelines states that the application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Mr. Bird: I am aware of that. That is the basis of this whole presentation. Architectural Review Board Minutes February 20, 2014 Page 6 Ms. Botkin: It is said in the guidelines that it will not be approved. As far as a compromise, our main goal is to not trap the moisture by covering up wood with metal or siding because you can't see if there is deterioration under there. That's the whole purpose of not applying that material over top of it. Ms. Papa: The concerns are two-fold. As a functional concern, it would be accelerating the rate of deterioration through trapping moisture and the second would be obscuring original character defining architectural features of the original historic material. Mr. Bird: The work that was done under the contract was that any rotten wood would be replaced with treated wood. I understand from contractors that aluminum is sealed in such a way that there is no moisture. That's a matter of application that general concept. Mr. Cundiff: Do I have a motion or any further comments? Mr. Talevi: I can probably guess how the Board is going to vote so we should have a motion to grant the application as presented by Mr. Bird, even if you don't intend on voting in favor of the motion. The motion still needs to be made and seconded. The reason is so we don't have a negative motion and could lead to some complications and to avoid that we need a motion to grant the application as presented by Mr. Bird. Mr. Cundiff: Yes sir. Mr. Dalhouse: I don't understand. Ms. Botkin: We make a motion to approve the application as submitted and there is a second. Mr. Talevi: Then you vote as you deem appropriate even if the motion loses 0-6 at least the Board's decision will be clear. Even if you move the positive the motion you can still vote against it. Mr. Dalhouse: I don't like that language. Ms. Papa: The advice of counsel is that this is clearest way for the process down the road, it interpret your intentions. Mr. Dalhouse: I move we accept the advice of counsel. Ms. Botkin: Motion to grant the application as submitted. Ms. Coffield: Second. Mr. Cundiff: Ms. Martin, call the roll. Mr. Fulton-no Architectural Review Board Minutes February 20, 2014 Page 7 Mr. Dalhouse-no Ms. Botkin-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no End VERBATIM. The application was denied by a roll call vote of 0-6. 3. Request from Husain Alam, AIA, President of Alam Design Group, on behalf of Rob Clark to replace the storefront window, replace window units on the upper story of the front elevation, install new windows at the rear of the building, install a downspout at the rear, apply stucco/EIFS at the rear and other repairs for the building located at 18 Campbell Avenue, S.E. Mr. Husain Alam appeared before the board and said they had the building under contract and planned to fix the building. He said it had moisture issues and parts of the building were failing. Goal to fix it up and put our office on the main level. He said they planned to take off the awning and put on a new storefront. He said he and Ms. Papa were there when it snowed and the temperature was really cold and there was a half inch sheet of ice on inside of the building. He said there was severe moisture penetration from the top and the crawl spaces. He said it was a big challenge, expensive and pragmatics played a big role in the project. He said they wanted to create a nice architectural office on the first level and a mezzanine and then have four apartments on the upper level. He said at a certain point in the process, the back of the building was changed and was done according to the guidelines of the Architectural Review Board. He said the challenge on the back was what to do with it. He said they could maintain the exterior skin of what was there. He said in the front of the building all they were doing was installing new double hung windows, but not changing the opening and a new storefront. He said they wanted to make it all tall glass as original but the problem with that was that could not get a warranty if the glass was more than 50 square feet. He said they were going to maintain the center mullion that was there and add a horizontal bar to create 56 square feet on the two lower sections. He said they would keep the door where it was and create some transom height. He said on the back of the building, the challenge was to leave the single windows or create something more transparent. He said the inside had serious issues with spongy framing that needs to be fixed. He said there was a penthouse on top and the shaft already there with a staircase that was taken out at some point. He said the walls that held the structure of the penthouse were eliminated and the girters have sagged and were in dire straits. He said the floor and framing had serious issues. He said they wanted to create a code compliance staircase and maybe install an elevator. He said on the roof plan, they wanted to enlarge the shaft a little, keep it in the same location but taller and be able to take stair case to the rooftop. He said there intent was not to make it any bigger. He said their game plan was to do a reinforced concrete or brick masonry unit on the shaft. He said they were licensed architects and a Architectural Review Board Minutes February 20, 2014 Page 8 design/build company. He said the existing timber beams were still in good shape. He said on the rear of the building they wanted to put large windows for the apartments. He said there was a beautiful courtyard in the rear and they wanted to create some architectural drama there. Lindsey, Alam Design Group, said she was not sure about the exact location of the tubes. She said they were made by a glass block company and were called solar glass block. Mr. Alam said at night they wanted some of the light from the apartments to filter out and in the day, there would be light inside of the apartments. He said they would be luxury apartments. He said they wanted to have a nice architectural office. He said he would like more information on the back of the building. Mr. Dalhouse asked what the apartments would be. Mr. Alam said they were 850 to 900 square feet. Mr. Dalhouse asked how the occupants got to the apartments from Campbell Avenue. Mr. Alam said they go through the door on the first floor and come into shaft that goes all the way up and down and there is a corridor that went to each apartment. Mr. Cundiff asked for staff comments. Ms. Papa said the applicant had sufficiently addressed all the comments of the Design Application Review Committee. She said the application generally complied with the H1 guidelines storefronts, roofs, windows, facades and recommends approval. She said the applicant indicated that the exterior finish would be a stucco material and that addressed all of staffs comments. Mr. Cundiff asked for Board comments. Ms. Botkin asked what the difference was on the rear elevation of the windows configuration. Ms. Papa said the existing windows were not original and were installed maybe six years ago. Mr. Fulton said the windows were blocked in but thought there were four windows on each floor. Mr. Alam asked if anyone had pictures of what the rear elevation use to look like. He said if the back wall had historic relevance the wanted to recreate it, if not, they would create their own design which would be a little more contemporary. Architectural Review Board Minutes February 20, 2014 Page 9 Ms. Botkin said she was not opposed to the windows in the design. Mr. Alam said on the lower level used to be precast or stone headers but they wanted to open it back up where they were filled. He said cost was a factor. Ms. Botkin asked what kind of windows were on the front. Ms. Papa said the windows were vinyl. Mr. Alam said if they decided to maintain those windows, we would not need Board approval. Ms. Papa said it would be an administrative approval. Mr. Fulton said they may have had a separate application when the courtyard was done. He said he thought he had a couple of pictures of the rear. Mr. Cundiff said the application was an improvement over what was there and was an opportunity for artistic impression on the back wall. He said his opinion was that he was fine with approving what was submitted and if Mr. Alam found more pictures for historic relevance, then it was an definitely an improvement. Ms. Papa said her recollection of the application on the four windows, the existing conditions would not support a four unit residential use. Mr. Alam said whatever material used on the back wall was what they would use on the penthouse to tie it all together. He said they would present the color scheme to the Board at a later date. He said they also had to sprinkler the building because it had a single egress. Ms. Coffield asked if the glass blocks were purely decorative or if they served a functional purpose. Mr. Alam said they were purely decorative. Ms. Coffield said since it was a historic building it would not have had glass blocks on the back of building. Mr. Cundiff said if the original rear building was still in place, it would be inappropriate to poke through. Mr. Alam said essentially the rear of the building was not historic. He said there was a cleaner line on the porch roof on the back and the downspout was existing and they would tie back into the existing storm water system. Mr. Fulton made a motion to approve the application. Mr. Copeland seconded the motion and the application was approved by a roll call vote of 6-0, as follows: Architectural Review Board Minutes February 20, 2014 Page 10 Mr. Fulton-yes Mr. Dalhouse-yes Ms. Botkin-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes Mr. Dalhouse left the meeting at 6:00 p.m. 4. Request from Community Housing Partners, LLC, for exterior repair and alterations including window replacement, siding repair, porch roof replacement, installation of half-round gutters, repoint and parge over the brick foundation and the addition of concrete steps and front walkway for the property located at 638 Marshall Avenue, S.W. Mr. Michael George appeared before the Board and said they had a contract with the City to acquire and rehab four properties in the target neighborhood. Ms. Papa said the property was proposed for the demolition several months ago. Mr. George said all the wood siding was exposed. He said his intent was to repaint and any missing wood siding would be replaced. He said the brick foundation would be re-pointed and painted. Mr. Cundiff asked if there was a concealed gutter. Mr. George said there was not a gutter there but it had been re-roofed recently. He said he proposed a half round gutter. He said the front porch roof would be replaced with a metal standing seam roof. He said it was a concealed fastener but was not a true, crimped on site, old fashioned standing seam. Ms. Botkin said ridge covers were typically awful on that type of system. Mr. George said there would only be two ridges and a true standing seam roof was outside their budget. Mr. Cundiff asked which of three products he would be using. Mr. George said it was the standing seam concealed fastener roof panel. Ms. Botkin said she was concerned about the ridge caps at the valleys and the hips. Mr. George said he would discuss it with the installer if there were options and even if it's custom they could someone to make it. Mr. Cundiff said a way to treat that was to run another panel with seam. He said it was almost like doing a valley. He asked for public comments. Architectural Review Board Minutes February 20, 2014 Page 11 Ms. Richert said the window in the front dormer had a middle sash and she didn't want to lose that feature. She said she was pleased they were keeping the front porch and the wrap around. She said a lot of the houses were built without a porch rail. She said she knew they were looking at putting a rail up. Mr. Cundiff asked for staff comments. Ms. Papa said the window and door schedule indicated the front attic window will be repaired and kept. She said staff had the same concerns of a railing and the applicant indicated they would be using the design template for front railings. She said the applicant had addressed all the Design Application Review Committee comments. She said the application complied with the H2 guidelines for porches, roofs, windows, doors, siding, walks, ramps and stairs and staff recommended approval. Ms. Botkin asked what would be done with the driveway. Mr. George said they had not planned anything much for the drive. He said it was fine how it was. He said a new sidewalk on the plan and concrete front steps. He said there were no steps existing. He said the survey looks like it crossed the lot line but they own the other lots. He said their intent was to keep functioning existing windows. He said whatever needed to be replaced would be replaced with new double- hung wood windows. Ms. Botkin asked about the transoms. Mr. George said to left of front door, they were original single panes and they would install interior storm window panel. He said from the outside there would be no changes. He said the houses were going to be converted to single family homes. Mr. Cundiff asked if they were receiving tax credits. Mr. George said yes. Mr. Copeland said the application looked good. Ms. Botkin made a motion to approve the application. Mr. Fulton seconded the motion and the application was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Botkin-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes Architectural Review Board Minutes February 20, 2014 Page 12 5. Request from Dan Cullather, on behalf of DPC Inc., to install windows and doors, replace the standing seam metal main roof with architectural shingles, demolish a chimney at the rear, rebuild a faux chimney, demolish remaining accessory structure foundation, remove and rebuild rear porch, and repair windows as needed for the property located at 528 Marshall Avenue, S.W. (TABLED to March 13, 2014 meeting) Mr. Copeland made a motion to table the application to the March 13, 2014 meeting. Ms. Botkin seconded the motion and the application was tabled to the March 13, 2014, by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Botkin-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes There being no further business to come before the Board, the meeting was adjourned at 6:19 p.m. Respectfully submitted: c_p Mg't-t-3 Candace Martin, Secretary AGENDA ITEM III.A. IV". PLANNING, BUILDING AND DEVELOPMENT Alip Noel C.Taylor Municipal Bu'Idtng �1 21' Church Avenue,SW,Room 166 ,gigigrAWIL aV',', Roanoke,Virginia 24011 ROA N O K E .4 0.1°53.173o fax 540.853.12 o planning @roanokeva.gov February 13, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Jennings T. Bird, on behalf of Joyce Epperly, to remove metal wrap applied to the soffit and fascia and repair/replace any damaged wood in- kind for the property located at 437 Washington Avenue, S.W. Background The structure at 437 Washington Avenue, S.W., was built circa 1910 and is classified as a contributing to the Old Southwest Historic District. Located within the Historic Neighborhood Overlay (H-2), distinguishing features of the 2 '/ story brick dwelling include a hip roof, gable dormer and three-bay front porch with square brick columns On March 2, 2012, staff approved an In-Kind Replacement/Repair Form to reline hidden gutters and to replace downspouts if needed. On March 12, 2012, a Code Compliance Inspector observed work beyond the scope of the In-Kind Form, A worker was applying metal over the wood soffit and fascia. Both the worker and owner were told that the work was beyond the scope of an In-Kind Replacement/Repair form and could not continue in the absence of a Certificate of Appropriateness It should be noted that staff encouraged both the worker and property owner to ensure that the hidden gutters were weather-tight. The owner was advised that staff was not able to support the application, citing a direct conflict with the H-2 Guidelines. Staff indicated that the owner would need to either remove the metal covering or apply for a Certificate of Appropriateness. At the April 12, 2012. ARB meeting, the applicant agreed to table the application. Staff worked with the owner on completing and submitting an application to Rebuilding Together, a non-profit organization which provides home maintenance for low-income, elderly or disabled homeowners. The applicant has elected to proceed with a Certificate of Appropriateness request for approval of the installation of metal siding over the soffit and fascia board on the second story of the residence. At the July 12, 2012, ARB meeting, the applicant indicated that the remaining portions of the soffit and fascia board were wrapped in aluminum by the previous worker, William Chitwood. The ARB tabled the application at the applicant's request to seek alternative funding sources to remove the aluminum material and bring the property into compliance. Since the July 12, 2012, ARB meeting, Staff contacted Rebuilding Together (at the applicant's request) to inquire about the status of the application. Staff was informed thafthe project no longer aligns with the organization'snission" o ensure the needy have a safe, warm and dry living environment'. The applicant requested to table the application from the August 9, 2012 agenda, since she had not received a formal letter from Rebuilding Together summarizing their decision. On October 11, 2012, Ms. Epperly appeared before the ARB for the third and final time with the request for approval of installation of metal siding over the wood soffit and fascia. During the public comment portion of the discussion, Ms. Joel Richert, 415 Allison Avenue, S.W., testified that the Board of Old Southwest Inc. offered to assist Ms. Epperly with the necessary repairs to the soffit and fascia. Ms. Epperly confirmed that she received their offer and indicated that she had met with Ms. Richert to discuss the proposal in greater detail. The parties could not come to a consensus on terms of an agreement. The property owner request,:d a vote from the ARB on the COA. The October 11, 2012 meeting minutes and staff report is enclosed as Attachment F. The ARB, by vote of 0-6, denied the COA request. The ARB determined that the installation of metal siding over the existing wood soffit and fascia was inconsistent with the H-2 Architectural Design Guidelines for Siding (Attachment G). The original profile of the fascia had architectural detailing that was obscured by the applied aluminum wrap as shown in the attached photographs (Attachment H). Ms Epper'; was notified in writing of the COA denial and her right to appeal to City Council by letter dated October 16, 2012 (Attachment I). Ms. Epperly, represent•_d by Mr. Jennings T. Bird, filed an appeal of the ARB's decision on November 7, 2012 (Attachment IJ). On December 17, 2012, an appeal was heard by City Council. Ms. Epperly was represent : by Mr Jennings T. Bird, Attorney. The ARB was represented by Mr. Derek B. 'undiff, Chair of the Architectural Review Board. Council Member Betspitcl. ,noved that the decision be affirmed and that no Certificate of Appropri',teness be issued to allow the applicant to wrap the existing soffit and fascia in aluminum as set forth in the application and on the grounds that the proposed Installation and location are not architecturally compatible with the structure of historic landmarks in the H-2 District. The motion was seconded by Council Member Ferris. Council Member Trinkle suggested remanding the application to the ARB and suggested that if no solution could be found, the matter should come back to Council for additional action. The decision was remanded to the ARB, by vote of 6-0. The applicant is requesting approval of the following work: 1. Remove aluminum trim from top front of home. Replace any decayed wood inkind and paint as needed. Findings: The H-2 Architectural Design Guidelines for Siding recommend: Retaining Existing Siding • Identify and keep the original exterior siding materials as well as nay unique siding. Important character-defining features include decorative shingles, texture, pediments, cornices and frieze boards, beaded or novelty boards, architrave moldings, and examples of quality craftsmanship. • Do not replace sound historic siding with new materials to achieve an "improved" appearance. Preventing Deterioration • Protect siding form water damage by repairing leaking roofs, gutters and downspouts, securing loose flashing around chimneys and other roof openings, grading the ground to slope away from the building, protecting against insect fungus infestation, replacing missing downspouts, unclogging gutters, using splash blocks, and priming both sides of new wood. Repairing Damage • Repair cracks and splits by gently opening them, removing debris, and sealing with a waterproof glue. • Consider using epoxy consolidants to rebuild deteriorated elements. • Repair deteriorated siding using established preservation techniques, such as patching or piecing in. Materials should conform exactly to the original in size and shape, color and texture, and joint and weatherface exposure. • Replace missing wood elements by using identical ones taken from an inconspicuous location, such as the rear or side of a building. Replace the borrowed elements with newly fabricated ones of the same design. • Do not replace missing siding with new siding that is incompatible with the remaining materials. New, Replacement, and Substitute Siding • The application of sidings such as vinyl and metal over original siding materials is inappropriate and will not be approved. Such siding can trap moisture and lower the life expectancy of buildings. These materials are not maintenance free and often require painting over time due to fading and discoloration. Design Application Review Committee comments: • The estimate submitted from Smith's Home Improvement specifies 'removal of aluminum trim from top front of home'. The removal of the aluminum trim from the front only will not bring the property into compliance with the H-2 Guidelines. Please clarify whether or not the aluminum material will be removed from all sides of the building. • The aluminum material appears to have been installed over the hidden gutters in 2 sections. Will the metal be removed from the hidden gutters as well'? Failure to remove the aluminum material in its entirety followed by relining or other treatment may eave the building susceptible to water intrusion. Please clarify how the roof drainage will be handled once the metal is removed. The applicant has not addressed the comments listed above. Staff Comments: Staff cannot support the request as submitted, as it does not fully address compliance with the H-2 Guidelines for Siding. The applicant should address the comments of the Design Application Review Committee as listed above. Vet Jillian Papa, AICP ARB Agent H-2, Historic Neighborhood Overlay District Application for Certificate of Appropriateness 0 Date of Application //ikii ROA N O K E Site Address j 43'7 WAsh v4yfo ,4 no . s .U)• ReANoee, t)A . . got Property Owner. Name: 1-7p at l'.st LL g .. F ?per L� �_ Address: Flo /i ni-ther4/ Ltilde City. TPp w+s3'I L�..Q. �.._ State Zip Code: 1 ,1 ti /ro- Phone Number lam'yo 911— (,5 31 E-Mail: . _ qp30►Q.AoL. Co !7? Owner's R p esentahve ffapplicabley Name: 3elln l ylgt6, T, I fect Address: 400 PleRSdi& + 11111 S4-e. (263 city: At1/4)0 e. , !s State: 'y Zip Code: <AL}G! Y Phone Number. L-5/A9-gb —/50e E-Mail. bitelabirdithlw Geer)'] Application Prepared By.1:3'0Ye.z. 1, t p per I y Cumnt Use_ Single-Family Two-Famiiy(Duplex) Multifamily Townhouse Commercial If Commercial.Describe Use: Project Type' - Roof Porch Windows and Doors New Construction Signs Walls and Fences Parking and Paving Demolition Other. *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. AcknoAiedgetseniof fesportsibty: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. / Signature of Property Owner: ` A C pit Duff: J 1( /IV/ l� Section Below to be Completed by Staff Certificate Number 1 Approval By: ARB r Agent Other approvals needed: Tax Parcel Number I Zoning Permit BZA/P g Commission Base Zoning District Building Permit Other Agent,Architectural Review Board r Date: Member,Architectural Review Board: Date Form updated 12/11 Page 2 of 3 H-2, Historic Neighborhood Overlay District Detailed Project Description ■islif ROANOKE Site Address 43r? W 15 i aJgte s. U)• Property Owner. .—. G o PLe.Ast- Ste 144401c-11 WIEKTIS Project Description Additional information to be submitted: r Photographs Site Plan Elevation Drawings r Sample Photograph or Catalog Pictures of Proposed Material r Other Form updated 12111 Page 3 of 3 SMITH'S HOME IMPROVEMENT CORPORATION "Doing it right since 1978"® chic td Estimate Date Estimate# 1/13/2014 1 Name/Address Joyce Epperly 437 Washington Ave.SW Roanoke,VA 24016 Project Description Qty Rate Total Remove all aluminum trim from top front on home.Replace any 775.00 775.00 decayed wood at a cost of S8.00 per square foot.Paint all the above once completed. lt's been a pleasure working with you! Total $775.00 815 Centre Ave.NW,Roanoke,VA 24016-2209 - Phone 540-343-5631 - Fax 540-342-5501 WWW.SHIC79.COM -Virginia Class A Contractor#2701-039667-A I Preliminary Feedback on Application submitted for ARB-437 Washington L j Ave SW Jillian Papa jepp301,jbird 01/31/2014 03:40 PM Mrs. Epperly and Mr. Bird, Based upon the preliminary feedback of the Design Application Review Committee(two members of the ARB and staff)the following additional information will be necessary for the ARB's consideration on February 13th. • The estimate submitted from Smith's Home Improvement specifies'removal of aluminum trim from top front of home'.The removal of the aluminum trim from the front only will not bring the property into compliance with the H-2 Guidelines. Please clarify whether or not the aluminum material will be removed from all sides of the building. • The aluminum material appears to have been installed over the hidden gutters in 2 sections.Will the metal be removed from the hidden gutters as well?Failure to remove the aluminum material in Its entirety followed by relining or other treatment may leave the building susceptible to water intrusion. Please clarify how the roof drainage will be handled once the metal is removed. In order for these items to be considered in staff's report,and to insure that the ARB has adequate time to review the application, I would need to have clarification on these items no later than close of business, Wednesday, February 5th. Please let me know if you would like to discuss any of these items in greater detail. I can be reached directly at 540-853-1522. Jillian Papa,AICP Preservation Planner Planning, Building and Development City of Roanoke 215 Church Avenue, S.W. Roanoke,VA 24011 Phone:540-853-1522 www.roanokeva.gov ATTACHMENT L CONDITION OF HIDDEN GUTTER SYSTEM _ t•J . r ' i `=—=•�— r i k' r - I 1 y ; R i f ACV-10i '4i.. +tce +2 ' t i ,'. '.s i t' , ill Condition prior to March 2012 ATTACHMENT L CONDITION OF HIDDEN GUTTER SYSTEM . \__ - ity- y� 4 `, • T /-: i mo j' ,, ld!7 'r fir ' .� _ . ( �`' 1 , . .7:' ��1� Location of drain to downspout it i 1,;„:, Condition prior to March 2012 ATTACHMENT L CONDITION OF HIDDEN GUTTER SYSTEM 4:` X11` 4 rl ... --- • lit, • • k r 'k yr, 4 _----Ansoba --- ::..,4;''''','''''.7.4-4. ......;,...0 ' :. r ..Y '4 .S. 14446644;00,....dir ... ', *IC Y / AML 4.~+` �g J 4 -� 4 lA�{ 4��Y ttar.+., \.y 'FL' .�!i>, f ✓ICS �'1 _ •al • /,/ p.,S.6ei 'S�•�' M.Cr`A S y' _ v.y' jl`'�,,'t , A Y Y = r j J ..'�{'"'4,� ;(yfp..r" y S ,10,?i+..fi�l� YS� ►�.s, �� .f �, 7 �#'M �'A-yR t �ti i st '54:'Y'i' ' ,`h. • Condition during work (2012) ATTACHMENT L CONDITION OF HIDDEN GUTTER SYSTEM ... ' , __ 4 i _ ... ''.:., .-,,,:;;;,. .. ,.,.. .. .Jr,,A.,,,•,= ,,,.„ ' _. . • ._ .14. . . T • ., .,,:-. -.'. %ft., - , . .4 • . . ._ .... .-41.p...ix.... • -. •4 . . ^. . ', S ' • . '- '. '1'4 .,• . '. \ ''-' •.,• , - :4'44,44.:14." , r. ‘ i . . A t4'X , .. . . .. f"':'-0.04i.-r 2 i -1." :4, .', I. ; .,,, ,:.... ,,,r_-0,e, — , ., • krN 4 ' 4 II,Z4-""''' ''-" • '-'- ,-- IF - , - 1...-4.....,,- - .. _ ._ -.. 4 \,,, . , ---------.----,---. - - ' J ...„.4 k _ __i_r____ , ....__.A ., ,.._, ,,,.. . . . ,. . ;..............-- -: .. ..... .-,.. .. , . .•Aq• , . . ... ,.,u...: . . .. . , - --- _,___. Lefk. ,.. ••• 1 ( . .,.„4-..t., ,..-- ,-----. . IBS • ; — , , •, .' . - ----r----- -. ' 1 _ . ,iiquilL : 1 . - . . . Condition after work Seam connecting metal panels ATTACHMENT L CONDITION OF HIDDEN GUTTER SYSTEM •••• w \, Condition after work Individual metal panel section Individual metal panel Individual metal panel section sections Considering the points of connection of individual panels that make up the soffit and fascia wrap are integrated into the hidden gutter system, the applicant failed to address the concern that removal of only a portion of the system would leave the building susceptible to water infiltration. - HOMES IN OLD SOUTHWEST HISTORIC DISTRICT H-2 371 WASH. S.W. ALUMINUM SIDING, FASCIA, ROOF & PORCH 406 WASH. S.W. ALUMINUM ON TRIM WORK OF WINDOWS,AND BOTTOM AREA HOUSE 410 WASH. S.W. ALUMINUM ON ALL WINDOWS,AND ON FASCIA BOARD EXTENSION OF ROOF LINE 411 WASH. S.W. ALUMINUM ON WINDOWS,AND TOP AREA OF HOUSE 419 WASH. S.W. ALUMINUM, UPPER, WINDOWS, AND SIDING 421 WASH. S.W. ALUMINUM ALL OVER 426 WASH. S.W. ALUMINUM, TOP AREA AROUND ROOF OF HOUSE 436 WASH. S.W. 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IngT .,['1,17171 lump, Cert of Appropriateness (INKIND) , I 4,1 ;1.1d COA090270 Request . lib/Contractor nspection(s) Contact Information Owner: SHIFFLETT ALVIN WILEY&,JUANITA A 440 WASHINGTON AV SW ROANOKE,VA 24016 1 Applicant: MISTY SWEET,440 WASHINGTON AVE ROANOKE,VA 24016 General Information Taxmap: 1022502 Address: 440 WASHINGTON AVE SW Location of Work: remove and replace standing seam roof on porch with new,removing vinyl&metal wrap system from porch and repair Description: and replace as necessaf,repair corner column,repair capitals as needed,repair support and decking at corener of porch,and repai:uy r gutter system of main house. Applied: 12/16/2009 Plan Reviews: No Permit Fee: $0.00 C/O: No Valuation: Census Class: Status: FINALED - - - Approvals (900)Meets'H1'&'H2 Requirements Required:Yes Approved:No Inspections Request Inspection(s) (200)COA:Preinspection Required:Yes Approved:No (201)COA:Final Inspection Required:Yes Approved:No CO 2014 City of Roanoke of 1 1 A -)r)1,1R PN,1 )n11nP Permit center nttp://roanokenet.roanokeva.gov/onlinepermitcenteri Vlewrermlt.aspx .` r.N C` DA"Y-N Em I DNCANR K %NT E C €t oangeLfg . �4 FF 5 z ! Residential Building Permit (RemRep) t Add 8091042 Request i Sub/Contractor , Inspection(s) Contact Information I 1 Owner: SHIFFLETT ALVIN WILEY&,JUAN iTA A 440 WASHINGTON AV SW ROANOKE,VA 24016 Contractor HAYNES DESIGN&RESTORATION LLC(License:2705099297),526 MARSHALL AVE.SW ROANOKE,VA 24016 (Primary): I LApplicant: HAYNES DESIGN&RESTORATION LLC,526 MARSHALL AVE.SW ROANOKE,VA 24016 General information Taxmap: 1022502 Address: 440 WASHINGTON AVE SW Location of Work: Single Family Dwelling Remove&replace standing seam roof on porch w/similar,remove vinyl/metal wrap system on entabliture,replace Description: rotten wood on this and soffit,facia,&trim,repair columns. Applied: 12/10/2009 Plan.Reviews: No Permit Fee: $102.00 C/0: No Valuation: $12,000.00 Census Class: 434 Status: FINALED Approvals (14)Historic Review Required:Yes Approved:Yes w_ 12/10/2009 Approved with no comment ET (23)Application Review Required:Yes Approved:Yes i ± 12/10/2009 Approved with no comment VS Inspections (144)180 Days No Inspections Required:No Approved:Yes 6/8/2010 Approved with comments BITH1 (27)Rough-In Framing Required:Yes Approved:Yes ?- 1/19/2010 Approved with comments BITH1 (52)Final Historic Compliance Required:Yes Approved:Yes z 3/4/2010 Approved with no comment ET (53)Final Building Required:Yes Approved:Yes T. 3/5/2010 Approved with comments BIFH1 ©2014 City of Roanoke of 1 d/'11/?f1d A•5R PM 1 12 J°420.)pe,g(JILu image,w+u x 45U pixels) nup:/Imaps.roauoxeva.guwimg j nuwsprou/11Z/i 1L1LLV Jpcp A i 4. R. , ,,.. .. ....r_ .., - ,..,.._....0.- ii - ..c. , . ------..,_.,..........„ • , ......." ••• illli ' 1.16 . d ebl. i 1 ", .. , .,.., • ,:.. . z 4: "."1.. . ,I! . , ,,< „. , _ t 509 WASHINGTON AVENUE, S.W. 1 of 1 4/20/2014 10:16 PM )n line Permit Center hftp://roanokenet.roanokeva.gov/onlinepermitcenter/ViewPermit.aspx . . riiiiKe, ''3;61..;THWEC-K8rITATEXT rrOrvIITZ717617 rimmional Cert of Appropriateness (INKIND) L..„..,,,... , .. , Add COA110132 Request i Sub/Contractor I pspection(s) i . [ Contact Inf—ormation 1 Owner: FRYE RICHARD M,509 WASHINGTON AVE SW ROANOKE,VA 24016 1 Applicant: FRYE RICHARD M,509 WASHINGTON AVE SW ROANOKE,VA 24016 i_ r--- General Information Taxmap: 1121220 I Address: 509 WASHINGTON AVE SW I Location of Work: Description: In kind repair approved 5.25.11 for replacing 15'x30 of standing seam metal porch roof. Applied: 5/26/2011 Plan Reviews: No Permit Fee: $0.00 C/O: No I ; i' Valuation: 1 L! Census Class: Status: ISSUED [ Approvals (900)Meets'Hr&'H2'Requirements Required:Yes Approved:No r Inspections Request Inspection(s) (200)COA:Preinspection Required:Yes Approved:No (201)COA:Final Inspection Required:Yes Approved:No 0 2014 City of Roanoke of 1 A111111111A 1 ll•1'7 DWA )ill ire Permit Center http://roanokenetroanokeva.gov/onlinepermitcenter/ViewPermitaspx • , . WM 7:44.1FMTKAMIR rinPFR,,WIRP q:-.11141W1_, Cert of Appropriateness (INKIND) . ,, ..., COA120070 Add Request 1 Sub/Contractor i 1 Inspection(s) I Contact Information Owner: FRYE RICHARD M,509 WASHINGTON AVE SW ROANOKE,VA 24016 Applicant: FRYE RICHARD M,509 WASHINGTON AVE SW ROANOKE,VA 24016 1 l General Information -1 1 Taxmap: 1121220 Address: 509 WASHINGTON AVE SW Location of Work: Description: COA120070 approved 4.6.12 for in kind repair of standing seam roof.Patch small holes with like material. Applied: 4/6/2012 Plan Reviews: No Permit Fee: $0.00 C/O: No Valuation: , Census Class: Status: ISSUED Approvals (900)Meets'H1'&'1-12'Requirements Required:Yes Approved:No , Inspections Request Inspection(s) (200)COA:Preinspection Required:Yes Approved:No (201)COA:Final Inspection Required:Yes Approved:No ©2014 City of Roanoke nf 1 i,iinilni.1 -7-n 1 DNA HOMES IN OLD SOUTHWEST HISTORIC DISTRICT H-2 402 HIGHLAND AVE. S.W. ALUMINUM ON PORCH ROOF AND WINDOWS 418 HIGHLAND AVE. S.W. ALUMINUM SIDING ON HOUSE 419 HIGHLAND AVE. S.W. ALUMINUM ON SIDDING AND FASCIA 434 HIGHLAND AVE. S.W. ALUMINUM ON SIDING ALL AROUND,ALUMINUM ON FASCIA AND WOOD. 1 uz 1 Y 1 t.jpeg t r r>Ju image,o4v x 415t/pixeis) http://traps.roanoKeva.gov/1mgphotosprod/102/1 U21911.jpel { ii ft ,, ° '; tilt ° ' t ! � V .,,. A,' . . f (40414A 1; _.� �.. I, ,17 v-c mss-' rillin ..... ,c.,,,_bk- ..6-- ;41".- , - .--711* ir ...._._. - -#.i:• 1,,_ , ,ii - ..-,- t: , .....-. - L./. . ,,4.,,w: :. ..tp,;■■,. , TIF k # f J +Alvf! i 1 ! 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ALUMINUM, TOP AREA OF HOUSE AND WINDOWS 371 ALBEMARLE AVE. S.W. ALUMINUM, TOP AREA OF HOUSE AND ON WINDOWS 372 ALBEMARLE AVE. S.W. ALUMINUM ON WINDOWS, UPPER AND LOWER TRIM AREA HOUSE 377 ALBEMARLE AVE. S.W. ALUMINUM ON WINDOWS 382 ALBEMARLE AVE. S.W.ALUMINUM ON UPPER, LOWER TRIM AND WINDOWS 401 ALBEMARLE AVE. S.W.ALUMINUM ON UPPER AREA AND WINDOWS 409 ALBEMARLE AVE. S.W.ALUMINUM ON UPPER AREA, LOWER TRIM,AND WINDOWS 415 ALBEMARLE AVE. S.W. ALUMINUM ON UPPER, LOWER TRIM WORK,AND WINDOWS i U22YU/;peg krr>;u image,04U x 45U pixels nap:fimaps.roanoxeva.govilmg__pnotosproW lull IUZ2YVi Opel 1 4 '17. 4, -,,N, ': s 11,,,„ ..4 . • 364 ALBEMARLE AVENUE, S.W. 1 of 1 4/20/2014 8:23 PM 1022612.jpeg(JPEG Image,640 x 480 pixels) http://maps.roanokeva.gov/img_photosprod/102/I 022612.j pq A. / ...----- tirtitrb- • iff Jf yin 4 . i ..._ : r.-.$ 0.' IV �aw... Pr,*... .... ....v -..... .: lit _ , ,... 14 1. f • _ ... • .I f y . 371 ALBEMARLE AVENUE, S.W. I of 1 ni)ni)nin 2•')11 DNA Online Permit Center Page 1 of 1 HOME DAILY INSPECTION CALENDAR PERMIT SEARCH RoanokeVA.gov ' Cert of Appropriateness (BRDAPPR) Add CA080102 Request Sub/Ccntr c r Inspecticn(s) ) Contact Information Owner: DUNCAN LANCE B II,2801 FRANKLIN ST SALEM,VA 24153 Applicant DUNCAN LANCE B II,2801 FRANKLIN ST SALEM,VA 24153 General Information Taxmap: 1022905 Address: 372 ALBEMARLE AVE SW Location of Work: Description: the removal of four wooden windows and installation of four 1-over-1 MW Jefferson 100 Series windows Applied: 5/23/2008 Plan Reviews: No Permit Fee: $0.00 C/O: No Valuation: Census Class: Status: FINALED Approvals ---------------------------__--__—_--- (900)Meets'H1'&'H2'Requirements Required:Yes Approved:No -- --- ------- Inspections Request Inspection(s) (200)COA:Preinspection Required:Yes Approved:No (201)COA:Final Inspection Required:Yes Approved:No ©2014 City of Roanoke http://roanokenet.roanokeva.gov/onlinepermitcenter/ViewPennit.aspx 5/6/2014 ragci011 f ++. i. • � �� ,flFt ,r*` j r •l., y. rye. ∎ . 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Pk i!me vermit'..enter nap://roanoKeneLroanoKeva.gov,onimepermitcemeri viewrennit.aspx PIPE1 raprwriallorteitTgArl' IMN7Virl Riga%WM, H-2 Cert of Appropriateness Add CA070134 Request Sub/ContrJctor Irsuectol(s) Contact Information Owner: WATERS DAWN S,377 ALBEMARLE AV SW ROANOKE,VA 24016 Applicant: WATERS DAWN 5,377 ALBEMARLE AV SW ROANOKE,VA 24016 General Information Taxmap: 1022610 Address: 377 ALBEMARLE AVE SW Location of Work: Description: CA 07-078,approved 11/08/07 for window trim solution for replacement windows. Applied: 11/12/2007 Plan Reviews: No Permit Fee: $0.00 C/O: No Valuation: Census Class: Status: CLOSED Approvals (229)ARB Approval Required:No Approved:No ©2014 City of Roanoke . —. 1uzzyut.ipegiirry image,o4U x 4/SU pixeisi nttp:/imaps.roanoKeva.gov/Img photosprod/102/1U12902Jpe1 " - 0—, r• r 'eCt '` •4- r .e ) ' r ' ..7 . .,, . ,..:,,,,,:.,.,..., . , .. , , . • •• , •■••N._ ,, �9/ I C Y •' tf / t I E i l , I ,. .�. .. f :‘,1gr 4-: i, ,..,,,,, Y 1,. 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I i e�rrr.. •. =- x r • 7` 0,..„ 4 'Wp 415 ALBEMARLE AVENUE, S.W. 1 of 1 4/20/2014 8.05 PM r • 4 HOME IN OLD OLD SOUTHWEST HISTORIC DISTRICT H-2 411 WALNUT AVE. S.W. MATCHING ALUMINUM SIDING ALL OVER I U11811 Mpg(JYtti Image, 1 600 x 12UU pixels)- Scaled(69%) hrip://maps.roanokeva.gov/ung_photosprod/102/1022811..ipt Vl J JA i � _ _E . : 1 ' MK___ -_--,f Ard MI! -"-- _____ mow... 07128/2010 411 WALNUT AVENUE, S.W. 1 of 1 4/20/2014 8:26 PM )nline Permit Center http://roanokenet.roanokeva.gov/onlinepermitcenter/ViewPermit.aspx ` `" Residential Building Permit (Rem Rep) aim 4 � Add B130314 Request SubiContractor Ir_pectic-1(s) Contact Information Owner: CARTER BANK&TRUST,400 FRANKLIN ST ROCKY MOUNT,VA 24151 Contractor LESTER MECHANICAL SERVICES INC(License:2701039411),PO DRAWER 2216 MARTINSVILLE,VA 24113 (Primary): Applicant: LESTER MECHANICAL SERVICES INC PO DRAWER 2216 MARTINSVILLE,VA 24113 General information Taxmap: 1022811 Address: 411 WALNUT AVE SW Location of Work: Residential Replace Shingle roof on a 4 Unit Building 09.03.13-COA130177 approved 8.8.13 for removal of rear landing and staircase,removal of rear door and infill with matching aluminum siding as needed.Interior drywall and insulation as Description: needed.No change in permit value.-SS 3.24.14-entered by christa mack-additional work.Remove existing bath tub and replace with new shower unit.Replace kitchen sink&cabinet.Additional fees collected. Applied: 4/1/2013 Plan Reviews: No Permit Fee: $204.00 C/O: No Valuation: $32,000.00 Census Class: 434 Status: ISSUED Approvals (14)Historic Review Required:Yes Approved:Yes ± 4/1/2013 Approved with comments PUP1 T. 9/3/2013 Approved with comments PUP1 (18)Review of Asbestos Survey Required:Yes Approved:Yes ± 4/1/2013 Approved with comments DLR (23)Application Review Required:Yes Approved:Yes f 4/1/2013 Approved with no comment DLR Inspections P Request Inspection(s) (11)Footing/Foundation Required:Yes Approved:No (21)Rough-In Plumbing Required:Yes Approved:No ± 4/2/2014 Partial with comments BIKS1 (27)Rough-In Framing Required:Yes Approved:Yes ± 11/14/2013 Approved with comments BIFH1 (28)Insulation/Energy Installation Required:Yes Approved:Yes 11/14/2013 Approved with comments BIFH1 (41)Final Plumbing Required:Yes Approved:No of n»nhhnin Q.71 011A THE BIRD LAW FIRM, P.C. 4800 PLEASANT HILL DRIVE SUITE 203 ROANOKE, VA 24018 TELEPHONE: (540)982-1500 JENNINGS T.BIRD,ATTORNEY FACSIMILE: (540)777-2100 MAGGIE LESTER,PARALEGAL jbird @birdlawva.com ml ester @birdlawva.com June 9, 2014 Stephanie M. Moon Reynolds, MMC City Clerk 215 Church Ave., SW., Suite 456 Roanoke. VA 24011-1536 Re: Joyce B. Epperly's Architectural Review Board Appeal Dear Ms. Reynolds, This will acknowledge receipt as well as my thanks for your letter of June 2, 2014 confirming that the Appeal by Joyce Epperly to Roanoke City Council will be heard on July 21, 2014 at 2:00 p.m. Thank you for your cooperation and assistance. Very truly yours, THE BIRD LAW FIRM, P.C. ennings T. Bird JTB/ml cc: Joyce Epperly William M. Braxton, Esq. ACA 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-mail: clerk(in roanokeya.goy JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk June 2, 2014 Jennings T. Bird, Attorney The Bird Law Firm, P. C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Dear Mr. Bird: This will acknowledge receipt of your communication dated May 28, 2014, with regard to the continuance of the Petition for Appeal filed by Joyce Epperly, appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., which appeal was scheduled to be heard by the Council at its meeting on Monday, June 2, 2014. Without objection by the Council, the matter was continued until the July 21 Council meeting at 2:00 p.m. Please feel free to contact me should you have additional questions. Q7�Sincerely, . J-n no° Stephanie M. Moon Reyn Ids, MMC City Clerk Jennings T. Bird June 2, 2014 Page 2 pc: Joyce B. Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Ian Shaw, Planning Administrator, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board THE BIRD LAW FIRM, P.C. 4800 PLEASANT HILL DRIVE SUITE 203 ROANOKE, VA 24018 TELEPHONE: (540)982-1500 JENNINGS T.BIRD,ATTORNEY FACSIMILE: (540)777-2100 MAGGIE LESTER,PARALEGAL jbird @birdlawva.com mlester @birdlawva.com May 28, 2014 Stephanie M. Moon Reynolds, MMC City Clerk 215 Church Ave., SW., Suite 456 Roanoke, VA 2401 1-1 53 6 Re: Joyce B. Epperly's Architectural Review Board Appcal Dear Ms. Reynolds, This will confirm the conversation I had with Cecelia Webb of your office on Wednesday, May 21. In your correspondence of May 7, 2014, you advised that this appeal was postponed until June 2, 2014 at 2:00 p.m. as had been requested by Ms. Epperly. In a telephone conversation with Dan Callaghan on May 20, I learned that there will not be a full complement of council members on either June 2, June 16 or July 7. Mr. Callaghan and I agreed that July 21 at 2:00 p.m. would be the preferred date and time at which to pursue the appeal. I would be most appreciative if you would reschedule this matter from June 2, 2014 to July 21, 2014 at 2:00 p.m. Please advise if anything further needs to be done to accommodate this request. We appreciate your assistance and trust you will call if you need further information or have any questions. Very truly yours, THE BIRD LAW FIRM, P.C. ■ n I` Jennings T.`Bird JTB/ml cc: Daniel J. Callaghan, Esq. Joyce B. Epperly William M. Braxton, Esq. ACA Derek B. Cundiff, Chair ARB Jillian Papa, Agent, ARB CITY OF ROANOKE .. r` 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-mail: clerk(a)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk May 21, 2014 CECELIA T.WEBB,CMC y Assistant Deputy City Clerk Jennings T. Bird, Esquire The Bird Law Firm, P.C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Re: Joyce B. Epperly's Architectural Review Board Appeal Filed March 14, 2014 Dear Mr. Bird: The Petition of Appeal filed by Ms. Joyce Epperly appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., was before the Council of the City of Roanoke at its regular meeting held on Monday, May 19, 2014. The matter was postponed until the regular meeting of the Council scheduled for June 2, 2014, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Please feel free to contact this office if you have any questions. Sincerley, Stephanie M. Moon nolds, C City Clerk cc: Joyce B. Epperley, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Director, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board r - CITY OF ROANOKE OFFICE OF THE CITY CLERK l- s 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-mail: clerk n roanokeva.goa JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk May 7, 2014 CECELIA T.WEBB,CMC y , Assistant Deputy City Clerk Jennings T. Bird, Esquire The Bird Law Firm, P.C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Re: Joyce B. Epperly's Architectural Review Board Appeal Filed March 14, 2014 Dear Mr. Bird: This is to acknowledge receipt of your letter dated April 15, 2014, regarding the Petition for Appeal of a decision from the Architectural Review Board filed on behalf of Ms. Joyce Epperly set for Council's agenda on May 5, 2014. At your request, the matter was rescheduled for Monday, May 19, 2014, at 2:00 p.m., which is within the 60 day period that such matters must be heard. As a follow-up to my telephone conversation with your secretary on May 6, 2014, the matter will be postponed until Monday, June 2, 2014, at 2:00 p.m., inasmuch as all of the Members of Council will not be in attendance on May 19, 2014, Please feel free to contact this office if you have any questions. Sincerley, /1--; Stephanie M. Moon R-!W. , MMC City Clerk cc: Joyce B. Epperley, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosaline Avenue, S. W., Roanoke, Virginia 24014 The Honorable Mayor and Members of Roanoke City Council Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Director, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board THE BIRD LAW FIRM, P.C. 4800 PLEASANT HILL DRIVE SUITE 203 ROANOKE, VA 24018 TELEPHONE: (540)982-1500 JENNINGS T.BIRD,ATTORNEY FACSIMILE: (540)777-2100 MAGGIE LESTER,PARALEGAL jbird @birdlawva.com mlester @birdlawva.com April 15, 2014 Stephanie Moon-Reynolds Noel C. Taylor Municipal Bldg. Attn: CeCe Webb 215 Church Avenue, Roanoke, VA 24011 Re: Roanoke City Council Agenda for May 5, 2014 Dear Ms. Webb, As we discussed on Monday, I represent Joyce Epperly in her appeal of a decision from the Architectural Review Board to City Council. The matter is currently set for Council's agenda on May 5. I have recently learned that I will be out of town the week of May 5 on some family matters, and I request that this item be withdrawn from the May 5 agenda and placed on the agenda for Monday, May 19, 2014 at 2:00 p.m. I appreciate your assistance and trust you will call if you have any questions. Very truly yours, THE BIRD LAW FIRM, P.C. Jennings . Bird JTB/ml cc: William Braxton, Esq. ACA Jillian Papa Joyce Epperly 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: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk March 21, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Joyce B. Epperly, in connection with a decision of the Architectural Review Board at its meeting of February 20, 2014, denying a Certificate of Appropriateness to wrap the existing soffit and fascia board in aluminum at 437 Washington Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was filed in the City Clerk's Office on Friday, March 14, 2014. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. The matter will be scheduled to be heard on Monday, May 5, 2014 during the regular session of Council at 2:00 p.m. in the Council Chamber. Sincerely, rri1/4o. Stephanie M. Moon, MMC City Clerk Enclosure Mayor and Members of Council November 8, 2012 Page 2 pc: Joyce B. Epperly, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Derek B. Cundiff, Chair, Architectural Review Board, 2927 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Director Planning Administrator, Planning, Building and Development Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL JOYCE EPPFRT,Y This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Joyce B. Epperly 2. Doing business as (if applicable): N/A 3. Street address of property which is the subject of this appeal: 437 Washington, Ave. , Roanoke. VA 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: February 20, 701 4 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): 36. 2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Remove all aluminum trim from top front on home. Replace any decayed wnnd at a cost of $8.00 per square foot_ paint all the above once completed. 8. Grounds for appeal: Certificate of Approrriatenaac clas denied causing hardship to the prnperty owner and i(; requiring action inconsistent with other properties similarly situated 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Jennings T. Bird 4800 Pleasant Hill Dr. . SW,Ste_ 203, Roanoke, VA 24018 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: Name: Name: Joyce B. Epperly (print or type) (print or type) U 7 Name: Name: Jennings T. Bird (print or type) (print or type) TO BE COMPL , ED :Y/CITY.CLER : Received by: c; 1�C � Date: 3/ /VA V $UBWAr* COMMONWEALTH GAMES of Virginia 2014 Subway Commonwealth Games of Virginia Estimated Regional Distribution • Other ° 482 1567 Roanoke Valley entr 3059 2584 East 793 "est 1016 Roanoke Valley: City of Roanoke, City of Salem, Roanoke County, Vinton West: Bristol, Franklin Co, Martinsville,New River Valley Central: Charlottesville, Lynchburg, Farmville, Staunton North: Winchester, Culpeper, Harrisonburg,Northern VA East: Chesapeake, Richmond, Fredericksburg,Virginia Beach Other: KY, MD,NC, PA,SC,TN, and WV 2014 Subway Commonwealth Games Estimated Regional Distribution 151 • Roanoke Valley 26%` North East • West • Central a Other 0 5% 2014 Subway Commonwealth Games Estimated Age Distribution 12% • o-1s • 19-24 5 /0 .,40.,„A, 25-44 • 45 & Over 2014 Subway Commonwealth Games Estimated Gender Distribution 46°0 • Male • Female