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Council Actions 01-20-15
PRICE 40154-012015 6 1 ` ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 20, 2015 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Lea arrived late. The Invocation was delivered by The Reverend Dr. Edward T. Burton, Pastor Emeritus, Sweet Union Baptist Church. Mayor Bowers called for a Moment of Silence in memory of E. Cabell Brand, a local philanthropist,who passed away on Tuesday,January 13,2015. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 22 at 7:00 p.m., and Saturday, January 24 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. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC.,ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED,THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. 2 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: ARCHITECTURAL REVIEW BOARD - TWO VACANCIES FOUR—YEAR TERMS OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS — ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 FAIR HOUSING BOARD - TWO VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 THE COUNCIL IS CURRENTLY ACCEPTING APPLICATIONS FOR MEMBERSHIP ON THE YOUTH SERVICES CITIZEN BOARD. TERMS OF OFFICE WILL CONSIST OF 4-ONE, 4-TWO, 5-THREE, AS WELL AS TWO STUDENT MEMBERS, EACH COMMENCING JULY 1,2015.APPLICATION FOR APPOINTMENT IS AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT THE CITY CLERK'S OFFICE AT 853-2541. EXPIRATION OF THE THREE-YEAR TERMS OF OFFICE OF MAE G. HUFF, TODD A. PUTNEY, AND RICHARD M. WILLIS, JR., AS TRUSTEES OF THE ROANOKE CITY SCHOOL BOARD ENDING JUNE 30, 2015. TRUSTEES HUFF AND PUTNEY ARE NOT ELIGIBLE FOR REAPPOINTMENTS. DEADLINE FOR RECEIPT OF APPLICATIONS IS TUESDAY, MARCH 10, 2015. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY CLERK'S OFFICE AT 853-2541. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Kendrick Wheeler, 7th grade student, Woodrow Wilson Middle School, who had been chosen as the Region II winner of the Virginia Municipal Leagues' "If I Were Mayor", Essay Contest. Mayor Bowers presented Master Wheeler with a star paperweight. 3 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. • Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and asked that authorities, boards, commissions and committee meetings be held at times that would allow working citizens to serve and attend. 4. CONSENT AGENDA (Approved 6-0, Council Member Lea not present for the vote, Item C-2 withdrawn.) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, October 20, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss or consider the acquisition of real property 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: Withdrawn. C-3 A communication from Thomas L. McKeon, Chairman, Roanoke Arts Commission, transmitting an update of the Public Art Plan: Art for Everyone. RECOMMENDED ACTION: Received and filed. C-4 Minutes of the Audit Committee meeting held on Monday, December 15, 2014. RECOMMENDED ACTION: Received and filed. 4 C-5 A communication from Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare Board of Directors, recommending concurrence in the appointment of Vic Boddie to replace Dana B. Lee as a Board At-large member for a term commencing April 10, 2014 and ending December 31 , 2016. RECOMMENDED ACTION: Concurred in the recommendation. C-6 Reports of qualification of Kenya M. Huffman to fill the unexpired term of Philip Clement ending June 30, 2016; and Brenda A. Allen to fill the unexpired term of Princess L. Moyer ending June 30, 2015, as members of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A request of Angela Penn, Vice President of Economic and Real Estate Development, Total Action for Progress, to share information on the progress of the Roanoke Neighborhood Revitalization Partnership with regard to the creation of affordable housing and repairs for homeowners in the targeted neighborhoods. Received and filed. 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 a grant from the Economic Development Authority of the City of Roanoke (EDA) to attract new businesses and provide assistance to existing businesses and industries for expansion. Adopted Resolution No.40154-012015 and Budget Ordinance No. 40155-012015 (6-0, Council Member Lea was not present when vote was taken). 5 2. Authorization to submit an application to the Virginia Department of Rail and Public Transportation (DRPT) for Intercity Passenger Rail Operating and Capital (IPROC) funds for FY2016 to support costs of operating intercity passenger rail service and acquiring rights-of-way or facilities for intercity passenger rail transportation purposes. Adopted Resolution No. 40156-012015 (6-0, Council Member Lea was not present when vote was taken). COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Intermodal Transportation Facility • The City of Roanoke and Greater Roanoke Transit Company (Valley Metro) will hold a public information meeting to offer information, and receive ideas and feedback from citizens on the location of the station. • Date: Thursday, Jan. 29 • Time: 4 to 7 p.m. • Location: Greater Roanoke Transit Company, Valley Metro, Campbell Court located at 31 Campbell Ave. • The meeting will be a "drop in" format. Representatives from both the consultant and the city will be on-hand to answer questions and receive comments. New GIS Site Launched • Last week, the city launched a new GIS mobile site • Anyone with a smartphone or tablet can access GIS information o Use the iRoanoke app, available free on Google Play and the App Store o Go to mobile.roanokeva.gov and click on the GIS tab • The new mobile site is: o Easy to navigate o Recognizes type of device and adjusts display and functionality o Allows users to reposition the map based on their location • Along with the mobile component, upgrades have been made to the city's current GIS website accessible on computer (www.roanokeva.gov , click on GIS Maps and Real Estate). 6 Leadership College • Citizens are encouraged to register now for the 2015 Leadership College. • Classes meet each Tuesday evening from 6:00 p.m., to 9:00 p.m., in the Municipal Building for nine weeks. • March 17 through May 12 • Light dinner provided • No cost to attend • An interactive, practical, and engaging series of discussions, lectures, role plays, team building, and related field work to teach citizens: o best practices in organizing your community o how to access city services o City procedures and policies • Registration is first-come, first-served — register online at www.roanokeva.gov/leadershipcollege or call Bob Clement, Neighborhood Services Coordinator, at 853-5210 to ask for a registration form to be mailed to you. Roanoke gets National Attention • Roanoke was included in the list of Top 10 Mid-Sized American Cities to Visit in today's online issue of The World Property Journal. • The article states: "Mid-Sized cities are often where the most exciting music, cuisine, social movements are starting." Roanoke, Virginia is listed as #6. Visit South online magazine featured Roanoke • Roanoke Valley: Cruise the "Star City of the South" Escape to Virginia's Blue Ridge/Escape to Virginia's Blue Ridge • Extols Roanoke's amenities and livability At this point, Council Member Lea entered the meeting (3:04 p.m.). Citizen Engagement • Elsa Sze, Founder and CEO, Agora, designed Agora app to harness technology for good. • City to use to gather input for Downtown Master Plan. • Libraries are participating by assisting citizens who do not have internet access. • For more information: www.vagora.co 7 b. CITY ATTORNEY: 1. Correction of a clerical error in Resolution No. 40148-010515, which was adopted by the Council at its regular meeting held on Monday, January 5, 2015. Adopted Resolution No. 40157-012015 (7-0). 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grants and programs; and a report of the Director of Finance concurring in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40158-012015 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Rosen called attention to a communication from the City Attorney dated January 20, 2015, in which he noted several items before the General Assembly that would impact the City of Roanoke. Council Member Rosen moved the recommendation of the City Attorney for positions on HB1293, HB1294, HB1369, HB1670, SB974, and SB 1084. The motion was seconded by Council Member Bestpitch and unanimously adopted. Council Member Rosen then called attention to a draft letter from Mayor Bowers to the Honorable Terence R. McAuliffe, Governor, regarding funding for Sabrina's Place. Council Member Rosen moved that Council concur in the letter to be sent to the Governor. The motion was seconded by Council Member Bestpitch and unanimously adopted. Council Member Rosen encouraged the Members of Council to stay united on decisions once a consensus has been reached. 8 Council Member Lea called attention to the Lea's Winter Classic Basketball Challenge to be held on Saturday, January 24, 2015, from 2:00 p.m., to 8:00 p.m., at the Berglund Center, adding that the $10.00 admission fee was good for the entire event that would include prizes, and the proceeds would benefit non-profits. 12. RECESS - 3:56 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 9 s ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 20, 2015 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Price arrived late. 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 Webelo Scouts of Pack 8. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 22 at 7:00 p.m., and Saturday, January 24 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. 0 A. PUBLIC HEARINGS: 1. Request of Fifth & Church, LLC, that the westerly portion of the alley between 4th Street and 5th Street, S. W., located between Campbell Avenue and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed. Faisal Khan, Manager, Spokesperson. Adopted Ordinance No. 40159-012015 (6-0, Council Member Price was not present for the vote). At this point, Council Member Price entered the meeting (7:20 p.m.). 2. Request of the City of Roanoke on a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Roanoke Higher Education Authority, wherein the City proposes to sell the Authority certain real property located at 209 Henry Street, N. W., consisting of 0.3777 acres, designated as Official Tax Map No. 2013001, together with a 30 foot nonexclusive access easement across City's adjoining lands, designated as Official Tax Map Nos. 2013016 and 2013006. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40160-012015 (7-0). 3. Request of Epic Stop In, LLC, to amend proffered conditions as part of a rezoning at 1132 9th Street, S. E. (also known as 902 Penmar Avenue, S. E.), designed as Official Tax Map No. 4130410, and previously accepted by City Council by Ordinance No. 35952-061702. Ahmed and Jasminka Elsayed, Spokespersons. Defeated (2-5, Council Members Price, Rosen, Bestpitch, Lea, Ferris and Rosen voting No). 1 1 B. OTHER BUSINESS: 1. Petition for Appeal filed by Tina Miller in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014, denying a request to amend the previously approved Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street, S. E., which is not consistent with the H-1 Guidelines. Tina Miller, Spokesperson. A report of the Architectural Review Board recommending that City Council affirm its decision to deny issuance of a Certificate of Appropriateness to maintain the second floor metal balcony already installed facing Kirk Avenue, S. E., at the building at 301 Market Street, S. E. Derek B. Cundiff, Chairman, Spokesperson. Remand to the Architectural Review Board (7-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNMENT- 10:13 P.M. 1 2 t,., =^ter CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 r,. 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 Deputy City Clerk January 22, 2015 The Reverend Dr. E. T. Burton 1640 Flora Lane, N. W. Roanoke, Virginia 24017 Dear Reverend Burton: 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 Tuesday, January 20, 2015. Sincerely, 1'191 a>r• ' 4) Stephanie M. Moon Reynolds, M •- City Clerk SMR:aa CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 stf t Roanoke,Virginia 24011-1536 'it -- 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 Deputy City Clerk January 27, 2015 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: At a regular meeting of the Council of the City of Roanoke held on Tuesday, January 20, 2015, you were instructed to prepare the proper measure memorializing the late E. Cabell Brand, a local philanthropist, who passed away on Tuesday, January 13, 2015. Sincerely, -194—frAtAttA4-- Stephanie M. Moon Reynold MC City Clerk SMR:jec +wr Public Comment, January 20, 2:00pm - - barb to: clerk 01/20/2015 11:25 AM Dear Roanoke City Clerk, Could you, would you, please add my name to speak during Public Comment at the 2:00pm session of Roanoke City Council on Tuesday, January 20, 2015. With much appreciation, Barbara N. Duerk barb Subject: FW: Committee meeting times discriminate From: barb [mailto:barbgarv@cox.net] Sent: Tuesday, January 20, 2015 1:09 PM To: 'barb'; 'Bob.Clement @roanokeva.gov' Subject: Committee meeting times discriminate TO: Roanoke Neighborhood Advocates and Neighborhood Leaders RE: Council board, authority and commission meeting times Council public input last at 7:00pm council meetings *4-:) ACTION NEEDLED: Change times of{�eetings allowing public involve t-�, i`) ' o5r�w�\c\k aD ` C►�Ci�� c nu�'m,e_> kr3 cknd 5� w � gq, o� or I find the urr nt time of m ny of Roanoke Ci public meetinaskdiscri inatory. C'q c \zin vaceit\es Mhyx ))OO71L� "A ivNANI, hanornv k �Ci y ouncil appointriients should reflect the diverse population of the city. City council should proVi Ih meetings at a convenient time to encourage all persons to participate in public meetings and to 01/1S ensure a diverse socio economic, gender anfethnic representation on the boards, authorities an f'dt_ of commissions addressing the city's interest. -Qre,�30 �/ . � have asked members of Roanoke City Council iaa it to request the City Manager to address the meeting times of commissions, boards and authorities. I asked members of the Roanoke City Planning Commission to change the time of meeting when I served in the 1990's. oanoke City Planning C mmis r� he Board of Zoning appeals and other .s e-,. regular working h. .rs. `setter munication be ow"-ci give notice o a(rC '�':f J� �N - time remains the •.I' r-. arls-rafterneonis not convenient for pers with inflexible ' ork hedules. The time of a m- • .s could limit the numberofcitizens who can partici in public input. i= sons applying to become m- • •-rs of these city grow ould reflect the demo hics of the city. he time of meetings prohibits ma ' , alified persons from ing eligible to be appoi ed. Groups thit?neetsin the early evening are the Roanoke Neighborhood Advocates and the Architectual reviewl3dand,Tbese group meets at 5:30pm in--the Municipal Building. Roanoke City Planning commission, recently changed the date of meeting to the 2nd Monday of the month. The time of the meeting remains at 1:30pm. Roanoke City is the ONLY local government that meets during regular working hours. Please see the information to confirm the meeting times of localities around us. Roanoke County Planning Commission meets the 1st Tuesday of the month at 4:00pm for review of new applications and 7:00pm for public comment and 6:00pm on the 3rd Tuesday respectively. Philip Thompson, pthompson(a roanokecountwa.gov 1 Salem City Planning: Location: Council Chambers, City Hall 114 N. Broad Street. Time: 7 p.m. Planning Commission may hold a work study session at 12 noon in the City Manager's conference room, 114 N. Broad Street, on the date of the Planning Commission meeting. Botetourt County Planning: Planning and Zoning Commission Meeting is held on the 2nd Wednesday of the month except December when it is held on the 1st Wednesday. Planning & Zoning meeting starts at 7:00 p.m. The Commission normally holds its regular meetings at 6:00 p.m. on the second Monday of the month in the Old District Court Building in Fincastle. For more information, please contact Laura Goad in the Department of Community Development. Franklin County Planning: All public hearings in front of the Planning Commission, unless otherwise advertised, are held the second (2nd) Tuesday of each month in the Board of Supervisors Meeting Room in the Franklin County Government Center, beginning at 6:00 PM. Petition requests will be heard by the Board of Supervisors at the following monthly meeting on the third (3rd) Tuesday of each month, unless otherwise noted, beginning at 6:00 PM. Charlottesville Planning: 2nd Tuesday of the Month at 5:30pm Ashville, NC Planning: Meets 1st Wed of Month at 5:00pm; Planners have decided they want to meet twice a month starting in March; the Department Director position is Vacant Roanoke City is "open for business." Roanoke City should also be open for public input that allows all citizens in Roanoke to participate. Roanoke City should not discriminate against the working class .)'ha cka nye how-e) t V\-€f ti bk- Wort Sc�edu Barbara N. Duerk, CONNECT NOW 2 � �• CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss or consider the acquisition of real property 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. ija Christopher P. Morrill City Manager Distribution: Council Appointed Officers CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 t Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerkq�:roanokeva.gov JONATHAN E.CRAFT,CMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2015 Thomas L. McKeon, Chairman Roanoke Arts Council 3350 One Oak Road, S. W. Roanoke, Virginia 24018 Dear Mr. McKeon: Your communication transmitting an update of the Public Art Plan: Art for Everyone, was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 20, 2015. On motion, duly seconded, the communication was received and filed. Sincerely, DM by Stephanie M. Moon Reyn tds, C City Clerk Enclosure pc: Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Jennings, Arts and Culture Coordinator arr CITY COUNCIL REPORT To: Honorable Mayor and Members of City Council Date: January 20, 2015 Subject: Report to City Council on Update of Public Art Plan: Art for Everyone Background: The first public art plan was adopted by City Council as part of the City of Roanoke Comprehensive Plan, Vision 2001 -2020, in 2006. An update of the public art plan was proposed as part of the Public Art Work Program for 2013- 2014 approved by City Council. The results and findings of the update process were reviewed and approved by the Roanoke Arts Commission (RAC) in October 2014, and presented to the City Planning Commission on December 19, 2014. Considerations: There were three elements to the plan update process: • Presentation by a national expert in the field of public art: Jack Becker, founder and Executive Director of Forecast Public Art, a nonprofit organization which also publishes Public Art Review, presented a talk on "Making Art Public: An Overview of Trends in the Field" to 65 attendees at the Taubman Museum on April 17, 2014 and 25 attendees on April 28, 2014 in Blacksburg. He also met with a group of 15 artists for a round table discussion at Wilson Hughes Gallery. After the presentation at the Taubman, he met with the Collections Committee of the RAC who coordinated the plan update process. • One on One Conversations: Collections Committee members of the RAC spent four evenings during 2014 at the Taubman Museum when other events were taking place to pass out information about the public art survey and talk to interested individuals. • Citizen survey: A survey was conducted to judge the effectiveness of the current public art program and to gather information on future trends citizens might like to see in the city's public art program. This survey was not a scientific sample but was open to anyone who wished to participate. 524 people responded to the survey, which was in two parts, a series of nine specific questions and then an open ended question where respondents could add comments. Highlights from Survey Question Responses: • Respondents align the spirit and personality of Roanoke with the natural landscape and view it as relaxed, comfortable and affordable. They believe the public art enhances that spirit. • Almost 80% of respondents say public art enhances their experience as a visitor or resident of the City. • About 85% of respondents say they use public art for sightseeing with visitors, 45 % as a meeting or gathering place and 40% as inspiration for other art. • The top three characteristics they associate with public art in Roanoke are fun, uniqueness, and diversity. • The top five types of public art they would like to see in priority order are: functional art, murals, architectural art, free standing sculpture, and temporary art. • The top five themes they would like to see expressed in order are: playfulness and whimsy, representation of cultural traditions, landscape, history, and visionary representations. • The top desired locations for public art in order are: downtown, greenways, parks, neighborhoods, and along transit routes Highlights from Survey Comments • The majority of comments are very supportive of public art in general and public art in the City of Roanoke. • There is a need for better promotion of the public art collection we already have. There also needs to be a better understanding of the process for selecting public art (for example, professional artists are required to be a part of a selection panel; we don't ask artists to donate time, etc.) • The process has to adhere to the procurement laws of the Commonwealth of Virginia; but other than building the "Regional Collection" how can we increase local artists' participation? • There are many different opinions as to preferred styles of public art, and that a stylistic mixture seems to continue to be the best alternative. However, several mentioned a focus on railroad heritage. • There is a lot of interest in murals. • There is interest in educational programs involving youth. • Since opinions vary widely about locations, types of art, etc., versatility and variety should remain key elements in the public art program Recommendation: After reviewing all the information obtained and received during the process, the RAC determined the feedback received affirms the content and direction of the Public Art Plan is still relevant and policy changes are not needed. The process identified suggestions for tactical and procedural tweaks in the art 2 program which are outlined in the survey synopsis, and strategies to address these have been discussed by the RAC. Therefore, the RAC is not recommending any specific policy-level amendments to the current public art plan. However, the public comments and survey information received have shaped the current public art work plan (specific projects recommended to City Council for FY 201 5), and will continue to shape that work plan in the future. Chairman, Roanoke Arts Commission Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Susan Jennings, Arts and Culture Coordinator 3 MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: December 15, 2014 Time: 1:03 p.m. to 1:46 p.m. Attendees: Court Rosen, Audit Committee Member Ray Ferris, Audit Committee Chair Anita Price, Audit Committee Member Mayor David Bowers, Ex-Officio Member of the Audit Committee Drew Harmon, Municipal Auditor Dawn Hope Mullins, Assistant Municipal Auditor Tasha Burkett, Information Systems Auditor Barbara Dameron, Director of Finance Daniel Callaghan, City Attorney Chris Morrill, City Manager Sherman Stovall, Assistant City Manager for Operations Brian Townsend, Assistant City Manager for Community Development Brian Grega, KPMG Partner Bryan Pattison, KPMG Senior Manager Rene Satterwhite, Accounting Supervisor Harold Harless, Financial Analyst 1. Call to Order: Mr. Ferris called the meeting to order at 1:03 p.m. He began the meeting by welcoming KPMG and wishing attendees a happy holiday. 2. Presentation of Audit Results for the June 30, 2014, Comprehensive Annual Financial Report [CAFR]: Mr. Harmon welcomed attendees and introduced Tasha Burkett, Information Systems Auditor. Ms. Burkett came to Auditing from the Department of Finance and has been with the City for 10 years. She is well-versed in both finance systems and general technology and is a welcomed addition to the staff. Mr. Harmon introduced Mr. Grega and Mr. Pattison. Mr. Grega presented KPMG's communications with the Audit Committee for the Fiscal Year ended June 30, 2014. The audit was very successful this year. KPMG was able to consistently execute their audit plan as presented to the Audit Committee in June 2014. Unqualified opinions were issued for the City of Roanoke's financial statements. December 15, 2014 Page 2 of 4 KPMG follows AICPA professional standards and Generally Accepted Government Auditing Standards. Mr. Grega discussed KPMG's responsibilities under professional standards, his firm's consideration of internal control over financial reporting, and the concept of materiality. Mr. Grega reminded the Audit Committee that again this year other auditors audited the financial statements of the School Board and certain operations of the Civic Facilities fund as described in KPMG's audit reports for the City. Mr. Grega spoke briefly about the importance of the City's accounting policies. He also noted that there were four(4) new accounting standards applicable this year; however, only two (2) affected the City's CAFR. GASB Statement 65 required a change in terminology related to financial statement presentations. It resulted in a Summary of Uncorrected Audit Differences item, as management decided not to restate assets. KPMG concurred with this approach. Requirements of GASB Statement 67 affected pension plan reporting and were successfully implemented. In the upcoming year, GASB Statement 68 will affect the City's financial statements by requiring additional pension liability disclosures. Related to management judgments and accounting estimates, Mr. Grega discussed KPMG's responsibility to conduct sufficient audit procedures to conclude estimates are reasonable and free of management bias. Judgments and estimates appeared to be reasonable and no indications of bias were noted. There were no disagreements with management or significant difficulties in performing the audit. Mr. Grega referred Committee members to the formal Communication with the Audit Committee of City Council which includes all required written communications. KPMG provided a report related to the City's compliance with laws, regulations, contracts, and grant agreements. Additionally, procedures were performed on selected federal grant programs, as required under single audit requirements issued by the Federal Office of Management& Budget. Programs reviewed for Fiscal Year 2014 included: • Federal Transit Cluster • Temporary Assistance for Needy Families (TANF) • Home Investment Partnership Program (HOME) • Social Services Block Grant (SSBG) • Community Development Block Grant (CDBG) • Workforce Investment Act (WIA) Cluster KPMG issued an unmodified opinion related to grant activity, with the exception of the CDBG program which received a modified opinion. There were four (4) findings related to federal awards. Two (2) related to WIA Cluster programs and two (2) associated with CDBG. Mr. Pattison directed the Audit Committee to the Schedule of Findings and Questions Costs in the CAFR for more details. Mr. Pattison reviewed the identified WIA issues related to sub-recipient monitoring and cash management. There were no questioned costs associated with either of the findings. Mr. Harmon commented that a locality is required to be designated as the grant recipient. A number of things contributed to the monitoring issue including changes in operating procedures between the City and Workforce Development Board (WDB) and changes in WDB December 15, 2014 Page 3 of 4 management. Mr. Morrill discussed the organizational structure of the WDB and City. After the WDB Director left, they contracted with the Regional Planning Commission to manage the program. Subsequently, the Regional Planning Commission took over as the fiscal agent for WIA funding. The Workforce Development Board remains in place and the City remains the grant recipient. This change should help rejuvenate the program. Mr. Harmon noted that Ms. Dameron's office has worked on a memorandum of understanding between the City and WDB. Ms. Dameron reported that the memorandum is complete and monitoring policies and procedures are in place. There was additional discussion regarding the City's available recourse if administration was not happy with an outside fiscal agent. As the grant recipient, the City ultimately controls the funds. Mayor Bowers asked if a regional approach would reduce initiatives available to citizens of the City. Mr. Harmon and Mr. Morrill responded that the WDB is currently a regional initiative and the recent change should only improve performance. Mr. Pattison reviewed the identified CDBG issues related to program income and sub-recipient monitoring. There were no questioned costs associated with either of the findings; however, the delay in posting program income to the federal reporting system was considered a material non-compliance issue. The City drew down grant entitlement funds prior to spending program income. Additionally, it skewed the results of HUD's required test of timely expenditures. Mr. Harmon commented that program income was also not entered timely in 2013. He further noted that entry of program income was purposely delayed so that the City would pass the timeliness test. Mr. Ferris asked if program expenditures were authorized and Mr. Pattison confirmed that those expenditures tested by KPMG were authorized. Mr. Townsend discussed the program income derived from the Section 108 loan and the challenges the City and its community development partners experienced with the housing market in recent years. He noted that the City has already contacted HUD about the audit findings and the City's plans to expedite community development projects. In support of these plans, management will be asking Council to amend the City's current HUD policies to enable staff to reprogram HUD funds toward infrastructure projects and in areas outside the West End target area. Indications to date are that HUD will allow the City to proceed with the proposed workout plan with the expectation that unspent income and entitlement funds in excess of the 1.5 ratio on May 2, 2015, will be returned to HUD. Mr. Pattison reviewed three [3] additional findings related to compliance with Commonwealth of Virginia requirements. One finding related to timely termination of access to Virginia Department of Social Services information systems when employees terminate. A second one involved one Social Services employee for whom a signed Acceptable Use Policy could not be located. The final finding related to issues with confirming Virginia Retirement System [VRS] contributions on VRS's reporting system by the 10th of the month. The Auditor of Public Accounts is reviewing its compliance criteria in light of process issues that may be contributing to delays. Mr. Harmon noted that the Single Auditing findings will cause the City to be designated as "high-risk," requiring the auditors to test a higher percentage of grant expenditures in 2015. He congratulated the Department of Finance on another successful audit, and thanked KPMG and the City Attorney's Office for their efforts in working through the compliance issues that were noted. Mr. Ferris thanked employees from both the City and KPMG for their work and dedication. December 15, 2014 Page 4 of 4 Mr. Grega noted that KPMG also issued unmodified opinions on the financial statements of two related entities: • Greater Roanoke Transit Company • City of Roanoke Pension Plan The Audit Committee received and filed KPMG's reports and the City CAFR without objection. 3. Other Business: Mr. Grega presented copies of KPMG's Future State 2030 document. Mr. Harmon provided copies of the Auditor of Public Accounts review of Commonwealth Collections. No issues were identified during the 2014 review. 4. Adjournment: Mr. Ferris adjourned the meeting at 1:46 p.m. Drew Harmon, CPA, CIA Municipal Auditor Audit Committee Secretary CITY OF ROANOKE se-- .. OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 q 1 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk(n>,roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 21, 2015 CECELIA T.WEBB,CMC ry , Assistant Deputy City Clerk Debbie Bonniwell, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue S. W. Roanoke, Virginia 24016 Dear Ms. Bonniwell: Your communication recommending concurrence in the appointment of Vic Boddie, as an At-large board member of the Blue Ridge Behavioral Heathcare Board of Directors for a first term, having replaced Dana B. Lee, commencing April 10, 2014 and ending December 31, 2016, was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 20, 2015. Council concurred in the appointment of Mr. Boddie as above referenced. The Members of Roanoke City Council extend their appreciation to Mr. Boddie for his willingness to serve as a member of the Blue Ridge Behavioral Healthcare Board of Directors. Sincerely, I 4 ,.. Stephanie M. Moon Rey I s, M P Y City Clerk pc: Deborah C. Jacks, Deputy Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Krystal Farmer, Deputy Clerk of Council, Salem City Council, P. 0. Box 869, Salem, Virginia 24153 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Susan Fain, Clerk, Botetourt County Board of Supervisors, 1 West Main Street, Box 1, Fincastle, Virginia 24090 B. Clayton Goodman, Ill, Clerk, Craig County Board of Supervisors, P. 0. Box 308, New Castle, Virginia 24127 Blue Ridge all Behavioral saa H e a l th c a re Bruce T] SOn Chairman irman t3on H2naleroson Vice Chairman man Linda Franke Treasurer Linda Manns Secretary Executive Director Debbie Bonniwell January 8, 2015 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Ave, SW, Room 364 Roanoke, VA 24011 Dear Mr. Morrill: The Blue Ridge Behavioral Healthcare Board of Directors nominated Mr. Vic Boddie as an at- large board member at the April 10, 2014 board meeting. Mr. Boddie has taken the vacant at- large board appointment that was previously held by Ms. Dana Barnes Lee. This Board nominates it's at-large representatives, and asks the participating governing bodies to approve those appointments. At our April 10, 2014 Board meeting, the Board unanimously endorsed Mr. Boddie to serve as an at-large member for which he is eligible according to Title 37.2 - 502 of the Code of Virginia. We respectfully request that the Roanoke City Council approve the appointment of Mr. Boddie for his first term, from April 10, 2014 through December 31, 2016. This request is being sent concurrently to administrators in each of our other four local governing bodies for their approval of at-large members as called for in our By-laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincerely, Debbie Bonniwell, MBA, MSSW, LCSW Executive Director C: The Honorable David A. Bowers, Mayor Ms. Donna Henderson, Chair, Blue Ridge Behavioral Healthcare Board of Directors Mr. Vic Boddie Ms. Stephanie M. Moon, MMC, City Clerk Executive Offices 301 Elm Avenue SW Roanoke,Virginia 24016-4001 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig and Roanoke 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 roanokeva.g0° JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 21, 2015 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: This is to advise you that Kenya M. Huffman and Brenda A. Allen have qualified as members of the Roanoke Neighborhood Advocates, to fill the unexpired terms of Phillip Clement ending June 30, 2016, and Princess L. Moyer ending June 30, 2015, respectively. Sincerely, 1 , w,• Step anie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kenya M. Huffman, 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 Neighborhood Advocates to fill the unexpired term of Philip Clement ending June 30, 2016, according to the best of my ability. So help me God. L. kid KENYVM. HUFF The foregoing oath of office was taken, sworn to, and subscribed before me by Kenya M. Huffman this 51 day of )c'41Ul+r1 201$ Brenda S. Hamilton, Clerk of the Circuit Court ti g , Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brenda A. Allen, 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 Neighborhood Advocates to fill the unexpired term of Princess L. Moyer ending June 30, 2015, according to the best of my ability. So help me God. Brenda A. Allen The foregoing oath of,�off_ice was taken, sworn to, and subscribed before me by Brenda A. Allen this /2 day of \/Z'7L,a// 2015. Brenda S. Hamilton, Clerk of the Circuit Court B A AA , Clerk CITY OF ROANOKE / , ,: .s CITY COUNCIL ,,..�. ;, . , r� 4. ��1 215 Church Avenue,S.W. I E„ Noel C.Taylor Municipal Building,Suite 456 °. ' ' Roanoke,Virginia 24011-1536 !---" `, Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman P.Lea Anita J.Price Court G.Rosen David B.Trinkle January 20, 2015 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We jointly sponsor a request of Angela Penn, Vice President of Economic and Real Estate Development, Total Action for Progress, to share information on the progress of the Roanoke Neighborhood Revitalization Partnership, at the regular meeting of City Council to be held on Tuesday, January 20, 2015, at 2:00 p.m. Sincerely, a°611(2444v4410N. g,.... Sherman P. Lea Council Member 114147/541,04"\-----. Court G. Rosen Council Member SPL/CGR:ctw I Total Action kltap For Pro ress into g e January 13, 2015 Stephanie M. Moon Reynolds City Clerk 215 Church Avenue, SW Noel C. Taylor Municipal Building Suite 456 Roanoke, Virginia 24011-1536 Dear Mrs. Moon Reynolds: Habitat for Humanity, Rebuilding Together Roanoke, the Roanoke Redevelopment and Housing Authority and Total Action for Progress comprise the Roanoke Neighborhood Revitalization Partnership. Having worked collaboratively with the City of Roanoke to revitalize the Hurt Park Neighborhood and now the West End target area, we would like to share our progress with members of Roanoke City Council. We respectfully request the opportunity to share the improvements that this partnership has made in the lives of Roanoke citizens and our vision for continued progress in the future. We are requesting a few moments on the Tuesday, January 20, 2015 council agenda. Thank you for your consideration of this request. Sincerely, in Angela S. Penn Vice President of Economic & Real Estate Development Address:302 2"St.SW.,Roanoke,VA,24011 Phone: 540-283-4800 Mailing Address:P.O. 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Great r�rden things den aubotne � association °"g°� ge potential neig• l� everY activities greenway"IPidiy day' ors vibrant . outrrach + hallenges an Ywere walkty revitalization gas-statioas '- . woke � $ Nei orhood >��h chwreh perrei��ed >g renwry �ap. banks neioipoç1 live Community �Ct�I�ClIY1ull�it • beautiful stOl l+s crosswalks „ ,,,;�, lI�LPe_ropv,,,E,IEAssociatjon A880C18t10rt better tbnveniencp � � rtir,��herr imagine everything lrs, aster H ywn lanes hist`r c wonderful der ;;, Uiciaus 110U.SeS roei$hborhood-The es hance vacant 0 C ation complete school home n it'navation downtown tutleff indicates Safer meetings Ifi rt positive lilaner improvement maintenances tinging Ve?l a+l �+ views Like public different upcoming Used w 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 S'EFIIANIE M.MOON REYNOLDS,MMC E-mail: clerk(mroa okeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2015 Harwell M. Darby, Secretary Economic Development Authority Glenn, Feldmann, Darby, and Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Darby: I am enclosing a copy of Resolution No. 40154-012015 accepting a grant to the City of Roanoke from the Economic Development Authority of the City of Roanoke; authorizing the City Manager to execute any documents necessary to receive such grant, including any grant agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 20, 2015. Sincerely, Iti4":"Aj2)6A‘ y� el Stephanie M. Moon Reyn MM City Clerk Enclosure pc: Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget Wayne Bowers, Director, Economic Development Department Rob Ledger, Manager, Economic Development Department ii IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40154-012015. A RESOLUTION accepting a grant to the City of Roanoke from the Economic Development Authority of the City of Roanoke (EDA); authorizing the City Manager to execute any documents necessary to receive such grant, including any grant agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the grant offered by the EDA in the amount of $30,000, with no local match, upon certain terms, provisions, and conditions relating to the receipt of such funds. The grant is more particularly described in the City Council Agenda Report dated January 20, 2015. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such grant, including any grant agreement, with such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, as allowed by the terms and conditions of the grant, with any such documents being approved as to form by the City Attorney. ATTEST: )14/14,a.AA.A_,.'NN\ • X V 1\eb°1‘ \r1 n f City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40155-012015. AN ORDINANCE appropriating funding from the Economic Development Authority for website development and maintenance, 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 Professional Fees 35-310-8144-2010 $ 30,000 Revenues EDGE Program FY15 - EDA 35-310-8144-8185 30,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: \Nk \nt._,Y■Q\Cri City Clerk. O b# .. . -- ..H CITY COUNCIL AGENDA REPORT tsKra To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: Economic Development Authority Grant Acceptance Background: The Economic Development Department fosters economic growth in the City of Roanoke (City). One of the methods used to foster this growth is to pursue grant funding opportunities with the City as the grant recipient. As a grantee, the City is eligible to receive an award from the Economic Development Authority of the City of Roanoke, VA (EDA) in the amount of $30,000. The purpose of the EDA grant is to attract new businesses and provide assistance to existing businesses and industries for expansion. These funds will be used for website development, enhancement, maintenance and hosting activities related to the Economic Development Department and for other marketing materials. The City will be serving as the fiscal agent for these funds and is not required to provide a match with local funds for this program. Considerations: City Council action is needed to formally accept these funds and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the professional services in accordance with provisions of this grant. Recommended Action: 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 in the amount of $30,000 and to appropriate the same amount into expenditure accounts to be established by the Director of Finance in the Grant Fund. itL, istopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Department Rob Ledger, Manager, Economic Development Department E ' l./ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40156-012015. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Department of Rail and Public Transportation(DRPT)for funds from the Intercity Passenger Rail Operating and Capital Fund(IPROC)in the amount of$3.2 million for FY2016 for a project involving the future Multimodal Transportation Station;and authorizing the City Manager to take certain actions in connection with such project. WHEREAS,the City of Roanoke desires to submit an application for an allocation of funds up to $3.2 million provided by DRPT for the project referred to in the City Council Agenda Report dated January 20, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to DRPT for funds from IPROC for FY2016 in the amount of$3.2 million, as more fully set forth in the City Council Agenda Report dated January 20,2015,to acquire real property for construction of a Multimodal Transportation Station to support passenger rail transportation for the future operation of a round-trip passenger train from Lynchburg, Virginia to Roanoke, Virginia. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. ATT ST: rYk. 4)6v04,4_, City Clerk. R-Authorize request for application for IPROC Fund 1.20.15 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: Authorizing Request for Application for Intercity Passenger Rail Operating and Capital Fund Background: The Intercity Passenger Rail Operating and Capital Fund ("IPROC") is a special, non-reverting fund within the Transportation Trust Fund to support the costs of operating intercity passenger rail service and acquiring rights-of-way or facilities for intercity passenger rail transportation purposes. The Virginia Department of Rail and Public Transportation (DRPT) administers this fund subject to the approval of the Commonwealth Transportation Board (CTB). The City intends to apply for FY 2016 funds to acquire real property for construction of a Multimodal Transportation Station to support passenger rail transportation for the future operation of a round-trip passenger train from Lynchburg, Virginia to Roanoke, Virginia. The requested DRPT participation in IPROC funds is $3.2 million for FY 2016. Considerations: In FY 2015, the City received $3 million in IPROC funds from DRPT to strengthen the existing Trout Run Culvert along Norfolk Avenue to accommodate the future passenger platform for boarding adjacent to the existing Norfolk Southern right of way along Norfolk Avenue, S.W., from the Dr. Martin Luther King, Jr. Memorial Bridge to Jefferson Street. A consultant has been engaged to produce conceptual level plans for a Multimodal Transportation Station to service both rail and buses. Possible locations are being evaluated and probable acquisition cost estimates have been developed. The future Multimodal Transportation Station is an important element of the regional transportation system. Funds for the land acquisition will provide public benefits by making possible the construction of the Roanoke Multimodal Transportation Station for the movement of passengers, as a part of intercity passenger rail service that reduces highway congestion, promotes fuel efficiency, and is instrumental in the economic development of the area. Recommended Action: Authorize the City Manager to submit an application to DRPT for IPROC funds in the amount of $3.2 million for FY 2016. Authorize the City Manager to take such further actions and execute such documents, approved as to form by the City Attorney, as necessary to submit the above application and to furnish such additional information and/or documents as may be required for such application. 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 Steven C. Buschor, Director of Parks and Recreation Philip C. Schirmer, P.E., L.S., City Engineer Mark D. Jamison, P.E., PTOE, Transportation Division Manager 2 r 17P1'1" Op CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 4 Roanoke,Virginia 24011-1536 ".' ^ Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City, Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2015 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40157-012015 reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 39978-061614. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 20, 2015. Resolution No. 40157-012015 replaces Resolution No. 40147-010515, which was adopted by the Council on January 5, 2015. Sincerely, AVIA-a-Le). h(1x &PA Stephanie M. Moon Reyno M City Clerk Enclosure pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, 42nd Floor, New York, New York 10005-1401 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget nIU°' IN TI IF COUNCIL, FOR TI IF CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40157-012015. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING THE PURPOSES AND THE AMOUNTS OF THE GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AUTHORIZED FOR ISSUANCE UNDER RESOLUTION NO. 39978-061614. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 39978- 061614. (a) The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Libraries" the amount of $680,000 set forth in Resolution No. 39978-061614 adopted by the Council on June 16, 2014, for"Fire Facility Improvement Project". (b) After the reallocation effected pursuant to Section 1(a) hereof, Section 7 of Resolution No. 39978-061614 is hereby amended in its entirety to read as follows: "SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools $5,000,000 Public Libraries 3,773,000 Parks and Recreation 1,000,000 Bridge Renovation Projects 3,800,000 Stormwater Management Projects 1,120,000 Civic Center Improvements 1,000,000 Curbs, Gutter and Sidewalk Improvements 1,000 000 Rail Passenger Infrastructure Improvements 3,000,000 Broadband Improvement Project 2,000,000 Fire Facility Improvement Project 70,000 911 Center 250,000 Total $22,013,000 2410623.1 035368 RSIND - 2 - If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Purpose. This resolution corrects a clerical error in Resolution No. 40148-010515, dated January 5, 2015, regarding the reference to the resolution adopted on June 16, 2014. The correct number of the resolution adopted on June 16, 2014, is Resolution No. 39978-061614. SECTION 3. Filing_of Resolution With Circuit Court. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 4. Effectiveness of Resolution. This resolution shall take effect retroactive to January 5, 2015. ATTEST: City Clerk. SO'Copy An . • (.4 2410623.1 035368 RSIND CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING Timothy R. Spencer . 9' 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE,VIRGINIA 24011.1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: ciryatry@roanokeva.gov January 20, 2015 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Correction of Clerical Error in Resolution No. 40148-010515 Dear Mayor Bowers and Members of Council: Background City Council authorized the issuance of General Obligation Public Improvement Bonds in an amount not to exceed $23,000,000, by Resolution No. 39978-061614, adopted on June 16, 2014 (2014 General Obligation Bonds). City Council authorized the reallocation of the proceeds of the 2014 General Obligation Bonds by Resolution No. 40148-010515, adopted January 5, 2015. Resolution No. 40148-010515 includes a clerical error in reference to the resolution adopted on June 16, 2014. Specifically, in two places within Resolution No. 40148-010515, the 2014 resolution adopted in 2014 is referred to as Resolution No. 39978-060614, rather than Resolution No. 39978-061614. Attached to this report is a resolution that corrects this clerical error. The attached resolution makes this correction retroactive to January 5, 2015. Recommended Action Adopt the attached resolution to correct a clerical error in Resolution No. 40148-010515. Sincerely yours, Daniel J allaghar City Attorney DJC/lsc Enclosure r.. •I - CITY OF ROANOKE ...-i OFFICE OF THE CITY CLERK �' 215 Church Avenue,S.W.,Suite 456 s Roanoke,Virginia 24011-1536 `'._._�_i_„U 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 January 21, 2015 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40158-102015 to appropriate funding from the Federal and Commonwealth governments grants for various educational programs, and 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 Tuesday, January 20, 2015, and is in full force and effect upon its passage. Sincerely, tQzh1 . OM t Stephanie M. Moon Reyn s, M City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40158-012015. • AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments 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 Testing Fees 302- 110-0000- 1000- 107J-61100-45584-3-01 $ 23,754 Teacher of the Year Award 301 - 120- 0000-0380-0000- 61100-41129- 2 -02 1,000 Teacher of the Year Award FICA 301 - 120-0000-0380-0000-61100-42201 - 2-02 77 Revenues Federal Grant Receipts 302 -000-0000-0000- 107J -00000 -38330-0-00 $ 23,754 State Grant Receipts 301 - 206 -0000-0000-0000-00000-32283-0-00 1,077 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: __. ej r reitu ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. School Board January 20, 2015 Todd A. Putney Chairman Suzanne P. Moore The Honorable David Bowers, Mayor Vice Chairman and Members of Roanoke City Council William B. Hopkins, Jr. Roanoke, VA 24011 Mae G. Huff Annette Lewis Dear Members of Council: Lori E. Vaught Richard Willis As a result of official School Board action on Tuesday, January 13, 2015, the Board respectfully requests that City Council approve the Dr. Rita D. Bishop following appropriation requests: Superintendent Cindy H. Poulton New Appropriation Award Clerk of the Board Advanced Placement Test Fee Program $23,754.00 Region Six Teacher of the Year $1,076.50 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 1: 540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info Aol 0~-�-r55 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: School Board Appropriation Request Background: As the result of official School Board action at its January 13, 201 5 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Region Six Teacher of the Year 2015 grant of $1 ,077 awards and honors the teacher of year. This award will be fully reimbursed from state funds. The Advanced Placement (AP) Test Fee Program grant of $23,754 reimburses the school division for a portion of the costs of AP testing paid by the school division on behalf of low income students to increase the participation of low income students in AP classes and testing. This is a continuing program that will be fully reimbursed from federal funds. 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. iAt 4_ a•Barb . Damero Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS I 1- 0- _ CITY OF ROANOKE "40it:6114, OFFICE OF THE CITY ATTORNEY Timothy R. Spencer 464 MUNICIPAL BUILDING Steven J. Talevi 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011.1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov January 20, 2015 Court Rosen, Chair Legislative Committee Re: 2015 Session of the General Assembly Dear Court and Members of the Legislative Committee: DISCUSSION The General Assembly began its 2015 session on Wednesday, January 14, 2105. Attached to this report is the legislative update from our legislative liaison regarding the first week of this session. In addition, to the bills included in this update and our legislative agenda, I have asked Mr. Catron to follow HB 1293 and HB 1294. Both bills propose to exempt charities from the payment of stormwater utility fees and other fees assessed by localities. If enacted, Roanoke will sustain a significant adverse impact. The loss in revenues will be at least $200,000 annually, after the City's stormwater utility fee of$0.90 is fully implemented. In order for Mr. Catron to appear before committees in the House of Delegates and the Senate to present and advocate the City's position on bills that are not a part of the City's 2015 Legislative Program, the local governing body must affirm that Mr. Catron has this authority. The specific bills and the recommendation for the position to be taken are: HB 1293 and HB 1294 Background: As noted above, these bills will a significant and adverse impact on the City's stormwater utility. Recommendation: OPPOSE HB 1369 Background: This bill proposes to increase the threshold for the crime of felony larceny from $200 to $500. Roanoke City Police Department recommends that the City oppose this bill because the likely ramification will be an increase in petty larceny crimes. The current threshold provides a strong deterrent to criminal activity. Recommendation: OPPOSE HB 1670 Background: This bill will designate the sheriff as the chief law enforcement officer within the locality. Presently, the chief of police is the chief law enforcement officer. Chief Perkins has reviewed this bill and opposes it. Generally, police chiefs have the training, experience, and expertise in all aspects of law enforcement. Sheriffs generally have a more limited area of responsibility. Recommendation: OPPOSE SB 974 Background: This bill proposes to impose a financial obligation upon localities that hire state police officers within five years after the state police officer received basic training from the state. This bill, in effect, imposes a restriction on employment of state police by localities. The Roanoke City Police Department is opposed to this bill. The Patron has removed the bill based on the substantial opposition to the bill. Recommendation: OPPOSE SB 1084 Background: This bill proposes to amend the State district lines for Senate Districts 13 and 33 and House Districts 10, 32, 33, 67, and 87. Mr. Catron recommends that the City propose an amendment to address the State district line for House District 11 and 17. Earlier today, I met with Registrar Andrew Cochran, Electoral Board member Mel Williams, Kennie Harris, and Assistant City Attorney Laura Carini to prepare a map that depicts the district line in a manner consistent with the City's current precincts. Recommendation: REQUEST AND SUPPORT AN AMENDMENT Mr. Catron also reports on SB 965, a bill to authorize law enforcement the limited right to collect information from license plate readers. Sergeant Jeffrey Newman, Roanoke City Police, advises that the Police Department does not store this data and, therefore, takes no position on this legislation. Delegate Sam Rasoul has introduced HB 1881, a bill to assist Sabrina's Place in applying for grant funding. Mr. Catron recommends that the City contact the Governor's office and implore the Governor to direct the Commissioner of Social Services to open up eligibility to domestic violence program funding to Sabrina's Place. Mr. Catron believes that an administrative solution to this issue will be effective and efficient. A draft letter prepared for Mayor Bowers is attached to this report. RECOMMENDED ACTIONS Present this report to Council during the January 20, 2015, afternoon session and move the adoption of the recommendations for positions on HB 1293, HB 1294, FIB 1369, HB 1670, SB 974, and SB 1084 and authorize Mr. Catron to assert these positions on behalf of the City before the General Assembly. Review the attached letter to Governor McAuliffe regarding Sabrina's Place and move to authorize Mayor Bowers to execute and deliver the letter. Please let me know if you have any questions. Sincerely, 4444.)41,444i. Daniel J. Callaghan City Attorney DJC/lsc Attachment: Legislative Update, Alcalde & Fay—Virginia, LLC (01.16.2015) c: Members of Legislative Committee Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Drew Harmon, Municipal Auditor Barbara A. Dameron, Director of Finance Stephanie M. Moon Reynolds, City Clerk DRAFT January 20, 2015 The Honorable Terence R. McAuliffe Governor, Commonwealth of Virginia P.O. Box 1475 Richmond. VA 23218 Re: Sabrina's Place Dear Governor McAuliffe, On behalf of the Council of' the City of Roanoke, I am writing to urge you to take the steps necessary to ensure that Sabrina's Place, a program critical in confronting domestic violence, be eligible for grants from the Department of Social Services as provided through the federal Access and Visitation Program. Sabrina's Place is a program operated in the Roanoke Valley by Total Action for Progress (TAP). Sabrina's Place is the only comprehensive program in the Commonwealth that provides focused supervised parental visits and child exchanges for victims of domestic violence, sexual assault, and child abuse. Funding opportunities for this critical and effective program face challenges based on recent changes in eligibility standards with respect to the federal Access and Visitation Program. The City of Roanoke implores you and the Commissioner of Social Services to implement the administrative steps necessary to make certain that Sabrina's Place is eligible for this funding. Delegate Sam Rasoul has introduced HB 1881 in the 2015 Session of the General Assembly to address this matter. In discussions with Delegate Rasoul and Senator John Edwards, we believe that your office can address the concerns of Sabrina's Place through this administrative effort. Please know that we will work with your office and our legislative delegation in this effort because Sabrina's Place is such an important program in addressing the significant problems of domestic violence. Thank you for your time, consideration, and assistance. Sincerely, Mayor David A. Bowers City of Roanoke, Virginia c: The Honorable John Edwards, Senator The Honorable Chris Head, Delegate The Honorable Sam Rasoul, Delegate Members of Roanoke City Council Annette Lewis, Roanoke City School Board Richard Willis, Roanoke City School Board Christopher P. Morrill, Roanoke City Manager Rob Catron, Legislative Liaison for the City of Roanoke K.ALFGIS 2015-16 Program.Letter to(3ovemor McAuliffe from.Mayor David L3o■<crs 1 20 15.doc 1,20/15 ALCALDE & FAY — VIRGINIA, LLC TO: Dan Callaghan City Attorney FR: Rob Catron Managing Partner DA: Friday,January 16, 2015 RE: Legislative Update, Week 1 of 7 The 2015 Session of the Virginia General Assembly kicked-off on Wednesday,January 14. This is a short, 45-day session of the General Assembly. The General Assembly plans to adjourn on February 28, 2015. Roanoke area legislators introduced several bills requested in the Roanoke Legislative Agenda. There are of course numerous other bills that impact the powers of localities and we will be tracking those as well. I will update you on the bills listed below and others that we deem are important over the next 7 weeks. If anyone has an interest in a bill(s) not listed below, please let me know by email and I will add the bill to the list. The deadline for submitting budget amendments was today at 5 p.m. We will review budget amendments that are beneficial or harmful to Roanoke and provide a report on these items next week. Numerous bills were introduced relating to Virginia's public procurement act. We will be tracking these bills and make a thorough report next week. These bills were offered after a two year legislative working group on public procurement. Numerous bills have been offered relating to changing Virginia's Conflicts of Interest Act. We will report on this issue in greater detail next week. Importantly, legislative liaisons representing localities cannot testify before legislative committees in favor of or in opposition to legislation unless the governing body we represent has been polled and given us specific authorization to do so. Liaisons have "freelanced" in the past and have been humiliated before legislative committees for testifying without the local governing body giving them specific direction on legislation. If Council would like me to testify on legislation not included in the Legislative Agenda, I will need authority to do so. This does not need to be done in the form of a resolution; a telephone or email poll of council members will suffice. Roanoke Legislative Agenda bills: HB 1532 (Head): Charter; City of Roanoke. Shifts authority to appoint the director of finance from the city council to the city manager. Bill has been referred to House Cities, Counties and Towns but has not been scheduled on a docket. 1 ALCALDE & FAY — VIRGINIA, LLC SB 1276 (Edwards): Charter; City of Roanoke. Shifts authority to appoint the director of fmance from the city council to the city manager. Bill has been referred to Senate Local Government but has not been scheduled on a docket. SB 830 (Edwards): School calendar; continuing waivers. Requires the Board of Education to waive the requirement that a local school board set the first day students are required to attend school to be after Labor Day for any local school board that was granted a "good cause" waiver of this requirement for the 2011-2012 school year. SB 1249 (Smith) School calendar. Makes local school boards responsible for setting the school calendar and determining the opening date of the school year and eliminates the post-1.abor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement. The bill requires local school boards that set the school calendar with a pre-Labor Day opening date to close all schools in the division (i) from the hriday immediately preceding Labor Day through ],abor Day or (ii) Labor Day through the Tuesday immediately following Labor Day. SB 832 (Edwards): Taking blood samples pursuant to search warrant; qualified immunity. Provides that no civil liability will attach to a person authorized to withdraw blood pursuant to a search warrant if the sample is taken in accordance with recognized medical procedures and no negligence is present. The bill also designates the medical professionals who may take samples and some of the procedures that must be used in taking a sample. The bill includes a Class 3 misdemeanor for reusing single-use-only needles and mirrors language elsewhere in the Code (( 18.2-268.5) regarding the taking of blood satnples for driving under the influence. SB 880 (Lewis): Prohibit retailers from providing disposable plastic shopping bags; local option. Allows any locality by ordinance to prohibit retailers from providing disposable plastic bags to consumers.The bill exempts from any such prohibition reusable bags of a certain thickness and garbage bags that are sold in multiples. SB 1103 (McWaters) Distribution of disposable plastic shopping bags prohibited; local option. Allows any locality by ordinance to prohibit the distribution, sale, or offer of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products,such as ice cream or newspapers; and garbage bags that are sold in multiples. H13 1881 (Rasoul): Department of Social Services; opportunities for certain programs to compete for grant funds. Provides that the Department of Social Services shall not prohibit programs providing high-risk supervised visitation for noncustodial parents from submitting proposals pursuant to any Requests for Proposal for grants of funds made available through the federal Access and Visitation Program and shall include in such Requests for Proposal opportunities for such programs to apply and compete for funds made available through the federal Access and Visitation Program. (This is the Sabrina's Place bill. I spoke to Del. Rasoul and suggested that we attempt to handle this matter administratively with the McAuliffe Administration and we will pursue this effort.) "This bill has not been referred to committee. 2 ALCALDE & FAY — VIRGINIA, LLC SB 847 (Stanley) Relating to the Agenda item on Interstate 73, Senator Stanley introduced SB 847 creates the Interstate Transportation Compact to develop and plan interstate transportation projects, advocate for federal and other funding resources for such projects, and facilitate plans and programs for such projects between die signatory states.The bill establishes the Interstate Transportation Compact Commission, which shall include a five-member delegation from Virginia, meet at least twice annually, and annually report on its activities to the Governor and the legislature of each signatory state. The bill has been referred to the Senate Committee on Privileges and Elections. HB 1887 (C.Jones) Transportation funding; formula, reporting, and allocations.This bill is the major transportation reform bill of the session and partially addresses the Agenda's item on transit. The bill updates the annual report of the Commissioner of Highways made to the Governor and the General Assembly and adds that such report be submitted to the Joint Legislative Audit and Review Commission and the CTB. The report must include the condition of existing transportation assets; the methodology used to determine maintenance and state of good repair needs;performance targets and outcomes; a listing of prioritized pavement and bridge projects based on the priority ranking system;VDO'I' strategies for improving the safety, security, and operations of highways; and a review of the VDO'T's collaboration with the private sector in delivering services. The bill adds to transportation funding considerations the state of good repair purposes along with asset management practices and maintenance and requires the CTB to develop a priority ranking system for structurally deficient bridges and deteriorated pavements. The bill establishes the high-priority projects program and the highway construction district grant program and replaces the $500 million annual allocation made by the GIB and the 40-30-30 allocation formula to the primary, secondary, and urban highways with a new 40-30-30 allocation of funds to state of good repair purposes, high-priority projects, and highway construction district grants. The bill also reallocates the interest, dividends, and appreciation that currently accrue to the Transportation Trust Fund and Highway Maintenance and Operating Fund: two-thirds of such current accruals to the Virginia Transportation Infrastructure Bank and one-third of such accruals to the"Transportation Partnership Opportunity Fund. The bill also removes the definition of"grant" from the Virginia"Transportation Infrastructure Bank and excludes grants from other financing, thereby removing the ability of a governmental entity to apply for a grant. The bill also allows the CTB to make transfers from the Toll Facilities Revolving Account to the Virginia Transportation Infrastructure Bank. Further, the bill authorizes the Department of Rail and Public Transportation to enter into agreements not to exceed 20 years under the Public-Private Transportation Act to improve passenger rail service with private entities that finance improvements in return for annual payments. The bill also provides for S50 million per year to DRPT for transit capital allocations. I asked Director Mitchell how that money would be distributed, for instance competitive grants or through 3 ALCALDE & FAY — VIRGINIA, LLC a formula and she said they hadn't determined that question yet. This is a very important bill and we will be paying close attention to it. HB 1405 (Head)/ SB 1256 (Smith) An issue from our past legislative agendas, Delegate Chris Head and Senator Ralph Smith have introduced bills relating to public notices. Other bills we are monitoring: HB 2204 (C.Jones) Line of Duty Act. Revises the Line of Duty Act by codifying revisions to the Act in the appropriation act, transferring overall administration of the Act to the Virginia Retirement System, transferring administration of health insurance benefits under the Act to the Department of Human Resource Management, and providing for an administrative appeal process. The bill becomes effective July 1, 2016. This bill is a step in the right direction for localities. VACO and VML and local government liaisons will be working to get the best possible outcome for localities. This bill is the result of a JLARC study. SB 1104 (Garrett) Local fiscal impact bills; first day introduction. Requires local fiscal impact bills to be introduced no later than the first day of the regular session of the General Assembly. SB 1133 (Garrett) Prohibited conduct by state and local government officers and employees; retaliation. Prohibits a state or local government officer or employee from using his public position to retaliate or threaten retaliation against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law. SB 1026 (Garrett) Lobbyist disclosure; reporting by certain political subdivisions. Requires political subdivisions composed of, or managed or controlled by, one or more counties, cities, towns, or other local or regional political subdivisions to file a separate registration statement on behalf of their officers and employees who will be engaged in lobbying. The bill also prohibits such political subdivisions from using public funds to support lobbying efforts and requires funds used for lobbying to be segregated from public funds and held in a separate bank account. The net effect of this bill would be to ban local government from wing public fiends to lobby the Governor of General Assembly. It is patently ridiculous and I can't imagine it willget very far. SB 1084 (Vogel) General Assembly districts; technical adjustments. Changes district assignments of certain Loudoun County census blocks between Senate Districts 13 and 33 and House of Delegates Districts 10, 32, 33, 67, and 87 in order to follow new precinct boundaries. Both Senate districts remain within two percent deviation and all House of Delegates districts remain within one percent deviation from the respective ideal district populations. The City should consider offering an amendment to this bill to clarify the boundary line between Delegates Rasoul's and Head's districts. SB 965 (Petersen) Government Data Collection and Dissemination Practices Act; passive collection and use of personal information by law-enforcement agencies. Limits the ability of law-enforcement and regulatory agencies to use technology to collect and maintain personal information on individuals and organizations where a warrant has not been issued and there is no 4 ALCALDE & FAY — VIRGINIA, LLC reasonable suspicion of criminal activity by the individual or organization. The bill authorizes law- enforcement agencies to collect information from license plate readers, provided such information (i) is held for no more than seven days and Cu) is not subject to any outside inquiries or internal usage, except in the investigation of a crime or missing persons report. After seven days such collected information must be purged from the system. This bill will be of interest to the police department. Please let me know their views. In order to lobby for or against this bill I will need to be told of Council's position. SB 1049 (I\IcDougle) Regional jail construction and contracts; state reimbursement. Reduces from one-half to one-fourth the maximum state reimbursement for capital costs for construction, enlargement, or renovation of regional jails and jails where there is a regional contract for cooperative jailing. SB 736 (Howell) Courthouse security; assessment. Increases from $10 to 520 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse security. SB 872 (Cosgrove) Assessment of real property; explanation of increased assessment. Requires an assessing officer of a governing body to provide, upon taxpayer request, a written explanation of or justification for an increase in the assessed value of the taxpayer's property. The assessors are going to dislike this bill. HB 1670 (Berg) Sheriffs; chief law-enforcement officer of locality. Provides that sheriffs shall always serve as the chief law-enforcement officer of a locality and receive funding in an amount as provided in the general appropriation act to perform in that capacity.The bill also provides that a locality may still establish a police department. I know chiefs of police dislike this bill. I need authorization to testify against it. 5 CITY OF ROANOKE OFFICE OF THE CITY CLERK � , " 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 +„Ir' Telephone: (540)853-254 I Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk(niroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 21, 2015 Harry S. Rhodes, Esquire 318 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Rhodes: I am enclosing copy of Ordinance No. 40159-012015 permanently vacating, discontinuing and closing the westerly portion of the alley between 4th Street and 5th Street, S. W., located between Campbell Avenue and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, subject to certain terms and conditions. Ordinance No. 40159-012015 further ordains that if the above conditions have not been met within one year from the date of the adoption of this ordinance, then Ordinance No. 40159-012015 shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 20, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon R old , `Mj`/C,`l` City Clerk Enclosure Harry S. Rhodes, Esquire January 21, 2015 Page 2 pc: Faison Khan, Managing Partner, Fifth and Church, LLC, P. O. Box 6284, Roanoke, Virginia 24017 425 Campbell Avenue LLC, P. O. Box 2476, Roanoke, Virginia 24010 5th and Campbell LLC, 428 Campbell Avenue, S. W., Roanoke, Virginia 20416 420 W. Church Avenue Condominium, do Karm Naji, 5386 Canter Drive, S. W., Roanoke, Virginia 24018 Valley Properties LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Opie Partnership, 419 Campbell Avenue, S. W., Roanoke, Virginia 24016 Conner Russell, III, 7613 Queens Road, Alexandria, Virginia 22306 Assisi Animal Clinics of Virginia, Inc., 819 Walhalla Court, N. W., Roanoke, Virginia 24019 B-S Enterprises of Virginia, Inc., 416 Campbell Avenue, S. W., Roanoke, Virginia 24016 Winford L. and Norma F. Clements, 1953 Franklin Road, S. W., Roanoke, Virginia 24014 Essentials Message Therapy Realty LLC, 420 W. Church Avenue, S. W., Roanoke, Virginia 24016 Edward Joseph Aesy, 505 W. Campbell Avenue, S. W., Roanoke, Virginia 24016 Virginia Bailey Turpin, 40 High Street, Rock Mount, Virginia 24151 Kepley Realty LLC, P. O. Box 8512, Roanoke, Virginia 24014 Roanoke Valley Council of Community Services, P. O. Box 598, Roanoke, Virginia 24004 YMCA of Roanoke Valley, Inc., 520 Church Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF TT IF CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40159-012015. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Faisal Khan, Manager, on behalf of Fifth & Church LLC, filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on January 20, 2014, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. 1 TIT RI:FORR BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The westerly portion of the alley running between and and 5`1' Street, S.W. in the block between Campbell and Church Avenue, S.W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202 and on the south by Official Tax Map No. 1011206, noting that the western terminus of the portion to be closed is 5`1' Street, S.W., and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206; be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the following conditions: 2 1. In consideration of the vacation, the applicant will pay for the value of the right- of-way, $32, 128.60, subject to the adjustment described below. 2. The applicant will construct, at its expense, and dedicate as public right-of-way an approximately 20 by 24 feet vehicular turnaround area as shown on the application dated December 4, 2014, subject to review and approval by the City of Roanoke. Such turnaround will be required to have clear delineation from the applicant's property with materials and design approved by the City of Roanoke. The applicant will also provide partial releases of all deeds of trust that encumber the area of the turnaround and shall record the partial releases with the Clerk's Office of the Circuit Court of Roanoke, Virginia. The City Manager is authorized to execute any documents necessary to accept the dedication of this public right-of-way, the form of such documents to be approved by the City Attorney. 3. The applicant will provide detailed cost estimates of the turnaround to the City of Roanoke. If deemed acceptable and accurate, consideration of these costs may be deducted from the charge the applicant should pay for the area of the right-of-way to be vacated, which is $32,128.60. The applicant shall pay the balance to the City within ten (10) days after the City accepts the cost estimate. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. 3 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: � p ,I G� t.er' 1 �l `�( '`� 1Lk City Clerk. - . �H 4 t1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 201 5 Subject: A request from Faisal Khan, Manager, representing Fifth & Church LLC, that the westerly portion of the alley running between 4th Street, S.W., and 5th Street, S.W., in the block between Campbell Avenue, S.W., and Church Avenue, S.W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 101 1202, and on the south by Official Tax Map No. 101 1206, be permanently vacated, discontinued, and closed. Recommendation The Planning Commission recommends vacation of the right-of-way as requested. The applicant should be charged for the value of the right-of-way after accounting for expenses that will be incurred to create a turnaround area adjoining the alley. Vacation should be subject to the following conditions: 1 . The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. In coordination of the vacation, the applicant will pay for the value of the right-of-way, subject to certain adjustment. The value of the right-of-way is $32,128.60. 2. The applicant will construct, at its expense, and dedicate as public right- of-way an approximately 20 by 24 feet vehicular turnaround area as shown on the application dated December 4, 2014, and subject to review and approval by the City of Roanoke. Said turnaround will be required to have clear delineation from the applicant's property with materials and design approved by the City of Roanoke. The applicant will also provide partial releases of all deeds of trust that encumber the area of the turnaround. The applicant shall record the partial releases with the Clerk's office of the Circuit Court of Roanoke, Virginia. 3. The applicant will provide detailed cost estimates of the turnaround to the City of Roanoke. If deemed acceptable and accurate, consideration of these costs may be deducted from the charge the applicant should pay for the median assessed value of the area of the right-of-way to be vacated, which is $32,128.60. The applicant shall pay the balance to the City within ten (10) days after the City accepts the cost estimate. 4. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 5. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 6. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 2 Application Information Request: Alley Vacation Adjoining Fifth and Church, LLC Owner/applicant City Staff Person: Frederick Gusler Site Address/Location: 425 Church Avenue, S.W., Official Tax Map No. 101 1206, and 420 Campbell Avenue, S.W., Official Tax Map No. 1011202 Official Tax Nos. of 1011201 ,1011202, 1011206 adjoining properties: Site Area: +/- 1 ,885 Square Feet Existing Zoning: D, Downtown District Proposed Zoning: D, Downtown District Existing Land Use: Vacant building Proposed Land Use: Residential, commercial on lower floor Neighborhood Plan: Outlook Roanoke Specified Future Land Mixed Use Use: Filing Date: December 4, 2014 Background The applicant is in the process of renovating the former Young Men's Christian Association (YMCA) building at 425 Church Avenue, SW and 420 Campbell Avenue, SW. This property is owned by a private limited liability company (LLC), Fifth and Church, LLC, which has been under contract with the City to renovate the building since July 1 , 2013. Prior to that, the City acquired the property in 2006 in an exchange of land with the YMCA. The two properties are separated by and adjoin the subject portion of alley. They are connected by an overhead walkway. In 1975 City Council passed ordinance number 22249, which permitted the YMCA to construct the overhead walkway and underground steam pipes across the subject portion of alley. This ordinance is still in effect, however may be revoked at Council's discretion. The ordinance and the present alley separation of the two properties pose challenges for the applicant and the City. It requires the owner to maintain insurance, and does not allow the two buildings to be considered as a single site per the building code. Considerations The existing portion of alley is improved and still usable, though the overhead walkway prohibits larger vehicles from using it. The applicant and the other adjoining owner (Official Tax Map Number 101 1201 ) do not need the alley for access to their properties. The alley spans from 4th Street to 5`h Street, SW, but the applicant has a driveway entrance off of Church Avenue and alley access off 3 of 4" Street. The owner of Official Tax Map Number 1011201 has access off of Campbell Avenue and their building is at or close to the rear lot line adjoining the alley. The owner of Official Tax Map Number 1011201 has agreed with the applicant to vacate the portion of alley and will be required to sign the plat if City Council passes an ordinance to grant this request. Vacation of this subject portion of alley will allow Ordinance Number 22249 to be repealed; thus allowing the applicant to combine the properties and eliminate any legal encumbrances and code issues. The applicant will be required to provide a vehicular turnaround as dedicated public right-of-way in the plat recordation process. This turnaround will be approximately 20 x 24 feet as shown on the application. This turnaround will be required to have a clear delineation from the applicant's property, such as a metal fence or affixed planters with a curb line. The value of the property is $32,128.60, based on the median value of the adjoining property's land. The applicant will be required to submit the costs of the turnaround to the City prior to the final review of the required plat combining the properties. The value of the improvements will be weighed against the total value of the property. The applicant will be required to either pay the full value or any balance after the improvements have been accounted for. Surrounding Zoning and Land Use: Zoning District Land Use North D, Downtown District Office South D, Downtown District Office, Services East D, Downtown District Office West D, Downtown District Office, Services Compliance with the Zoning Ordinance: The zoning map will not be impacted by the vacation. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001-2020 encourages new development or revitalization of underused sites to conform to the general design principles found in City Design: The Plan's Unifying Theme. Outlook Roanoke, the Downtown Plan, identifies this corridor as one of the key areas for the continued revitalization of Downtown. This vacation will help further the goals of Vision 2001 -2020 and Outlook Roanoke. 4 Public Utilities: The Western Virginia Water Authority (WVWA), Roanoke Gas, American Electric Power and Verizon do not opposed the proposed closure. Roanoke Gas has a gas line in the alley and will need to maintain an easement. The WVWA has a sewer main line in the alley and will need to maintain an easement. City Department Comments: Economic Development supports the request and the construction of a turnaround area. The Fire Department stated that it opposed the request as the alley provides rear access to the building at 425 Church Avenue, SW, based on their requirement to get within 1 50 feet of any building. However, the turnaround and access off of 5" Street will provide such access. Public Comments: None Planning Commission Public Hearing_ Mr. Hale asked if an amended application was needed to reflect that the turnaround would be dedicated as public right-of-way. Staff indicated that isn't necessary as the conditions of the report clearly indicate such. 7G\---- Chad A. Van Hyning, 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 Daniell Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Fifth & Church LLC c/o Harry S. Rhodes, Esq. 5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 .t ry Roanoke,Virginia 24011-1536 `'Cr Telephone: (540)8512541 Lae: (540)853•1145 Sri PIIANIL M.MOON REYNOLDS,MMC Lanall: ekrk@roanakeva.8ee JONATRAN E.CRAFT,CMC Clly Clerk Deputy City Clerk REVISED CECELIA T.WEBB,C81C AnnSSaut Deputy Qty Ckrk Decemberl1, 2014 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cam Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30-14 - Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on December 4, 2014, from Faisal Khan, Manager, representing Fifth & Church LLC, requesting that the westerly portion of the alley running between Fourth and Fifth Street, S. W., in the block between Campbell and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202, and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed; and noting that the western terminus of the portion to be closed is Fifth Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application. SI erely, • Stephanie M. Moon Rgyno , MMC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Fifth & Church LLC, do Harry S. Rhodes, Esquire, 318 Washington Avenue, S. W., Roanoke, Virginia 24016 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi,Assistant City Attorney RECEIVED DEL -4 2014 APP LICATII K_QIN ROANOKE AND DEVELO STREET OR ALLEY VACATION ROANOKE Date: December 4,2014 To Office of the City Clerk is Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. o Amended Application Roanoke, VA 24011 No._ Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and Include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The westerly portion of the alley running between Fourth Street,S.W.and Fifth Street,S.W.in the dodo between Campbell Avenue and Church Avenue.The portion to be vacated is approximately 143 feet long end is adjoined on the north by T.M.k1011201 and 1011202 and on the sot:th by T.M k1011206.The western terminus of the portion to be dosed is Fifth Street.The eastern terminus of the portion to be dosed is an extension of the easterly lot line of T.M.1011202 in a southerly direction to the northerly boundary of T.M.01011206,as shown on Exhibit 1,attached. Proposed use of vacated street or alley: To enable T.M.k1011202 and T.M.k1011206 to be combined into a single contiguous parcel,which will facilitate further development of the buildings on each parcel as a single project and enable the construction of additional improvements connecting the buildings on aid,at these lots.TNe av1 rewalize the buildings and their environs.The vacation of Ova portion or the Say will ellninere the need tor the existing revocable license with the Oty for the elevated walkway over the alley that connects the buildings on each parcel which is an obstade to financing. Name of Applicant/Contact Person: Fern&Church LLC do Harry S Rhodes,Esq. Mailing Address: 316 Washre ton Avenue.Roanoke,vA24o16 Telephone: ( ) 540-9420688 Fax: ( )540-3424654 E-mail: rhodeearhodesbutler corn Applicant(s) signature(s): FLf ' r -Ijwn e.rtyse in I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 Post Approval Conditions Any right-ot-way vacation approved by City Council is subject to the condh ons below. These conditions relate to preparation and approval of the pat,and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance recorded. Street and alley nght-of-way vacations may be subject to the followng condltons: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated In a manner consistent with law,and retain appropriate easements for the Installation and maintenance of any and all existing utilities that may be located within the right-of-way,including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application,the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia,as Grantor, and in the name of the petboner,and the names of any other parties in Interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordnance,then such ordinance shall be null and void with no further action by City Council being necessary. By signing below I certify I have read and understand the conditions outlined above. I agree to the closure for which I have applied being subject to the attached condkions. 6 i�1 Applicant ignatu to RECEIVED DEC —4 Zeta CRY OF ROANOKE PLANNING BUILDING AND DEV_LOME NT Updated December 2013 li42- 1 1 N. h I N7T Nit HR(az�ol lµ„ CITY AgIMOKE NA LLC RAFA/j LLC. I B S EN> $400420951 I 007:4,77.561,107,2041112 thsr 1 1 '�yp✓TOi006I6S 4 ,11, /1'017pT T.Y /1011207 Q TM. 11017201 ti f.IYPBELI sw 2nd MEW awW r I _ r m xru MAW --.4114.--....- — O L -„,,_-w--� — — _ �...— — — T- L— ��a.� 13' ALLEY ASPIOL ca• 3' ALLEY —i — AL ro — — _ — Aleut alit S [l r i1^aii 1 1 eR NI m. j 1EL ASPHALT ,V/�' . k @ PROPOSED XJ'X Ti' �_� - LyAy/ f` ¢ R.A9V-AMa'.NO 20 MN tr uc 44 .WS'BW.WEM MO. 13~7499 ��'"'" M//�F EASEMENT !M. /1011209 W p FIFTH tr AO 13, LLC m , K. :,1 PISIRWIENT AO 1300107499 Q , h W e i T.M 11o172aa , o •• 2 co c. R£TAMAC f/- + o llovc aANP ; I iz I . 1425 MAW,Ale,u; S W. I R 3 HMI BUILDAC y� ' 1 a e !ti ® V /1 ! ��r711 II - BB o I , RECEIVED I S I. ` 0 DEC-4 2 4 EXHIBIT DR4WING arYOF nO..rosE SHOWING THE PROPOSED V'ACATON / °uw-'NQ 34.1r-CMG N1D e t . OF A PORTION Of EXISTING 13• ALLEY 174 • CITY OF ROANOKE, "'RGINIA 0 20 40 5p DATED: 8-14-14 a� �wilmw sew JOB •R141030700 _ SCALF' 1• = 20' SCALE: 1' w 20' ORN- SJB TEL 540 772-9580 FAX- 540-7'2 850 ea.. CHIC AM PLANNERS ARCHITECTS ENGINEERS SURVEYORS .ewe .r Balzer & Associates, Inc. 1208 Corp:.rote Circle R-arske Vo. 24018 •s •o 1113414 0 1113407 0 ati X 1113413 m (q N O C C N _ OZSZ6�LfO N �f N � �' rt n CD e _,i a ----- 2 O fu c cc X D 901 n I 5TH a� Em _ Z 3 �G 1010702 O m \ 1011201 N rr c O O ° \ 1011202 VOLOLOL O rn\ n —a. \ D \ W �OLO�v� OLLOLOL CD 1011203 in r 90L0101 N O N .,a tOZLLOL 0 L0L0601. sa .i N 60Z L1.01. 0 CD OLZLLOL 50ZLLOL o o o V a 0 Z LLZLLOL Hit LOtt101 AFFIDAVIT APPLICANT: Faisal Khan LOCATION: Fourth Street, SW, and Fifth Street, SW, in the block between Campbell Avenue, SW, and Church Avenue, SW, REQUEST: Alley Closure COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of December, 2014, notices of a public hearing to be held on the 12th day of January, 2015 on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 1010702 1010704 1010705 425 CAMPBELL AVENUE LLC OPIE PARTNERSHIP ASSISI ANIMAL CLINICS OF PO BOX 2476 419 CAMPBELL AVE SW VIRGINIA IN ROANOKE VA 24010 ROANOKE VA 24016 819 WALHALLA CT ROANOKE VA 24019 1011201 1011202 1011203 5TH AND CAMPBELL LLC FIFTH & CHURCH LLC B-S ENTERPRISES OF VIRGINIA INC 428 CAMPBELL AVE SW PO BOX 6284 416 CAMPBELL AVE SW ROANOKE VA 24016 ROANOKE VA 24017 ROANOKE VA 24016 1011206 1011901 1011903 FIFTH & CHURCH LLC CONNER RUSSELL L III CLEMENTS WINFORD L& NORMA F PO BOX 6284 6713 QUEENS RD 1953 FRANKLIN RD SW ROANOKE VA 24017 ALEXANDRIA VA 22306 ROANOKE VA 24014 1011904 1011915 1011916 420 WEST CHURCH AVENUE KARIM NAJI ESSENTIALS MESSAGE THERAPY CONDOMINIUM 5386 CANTER DR REALTY LL 5386 CANTER DR ROANOKE VA 24018 420 W CHURCH AVE SW ROANOKE VA 24018 ROANOKE VA 24016 1011917 1011918 1011919 VALLEY PROPERTIES LLC KARIM NAJI VALLEY PROPERTIES LLC 3330 HOLLINS RD NE STE A 5386 CANTER DR 3330 HOLLINS RD NE STE A ROANOKE VA 24012 ROANOKE VA 24018 ROANOKE VA 24012 1011920 1112519 1112520 VALLEY PROPERTIES LLC AESY EDWARD JOSEPH TURPIN VIRGINIA BAILEY 3330 HOLLINS RD NE STE A 505 W CAMPBELL AVE 40 HIGH ST ROANOKE VA 24012 ROANOKE VA 24016 ROCKY MOUNT VA 24151 1113405 1113407 1113412 KEPLEY REALTY LLC ROANOKE VALLEY COUNCIL OF CITY OF ROANOKE VIRGINIA PO BOX 8512 COMMUNITY PO BOX 1451 ROANOKE VA 24014 PO BOX 598 ROANOKE VA 24007 ROANOKE VA 24004 1113413 1113414 CITY OF ROANOKE VIRGINIA YMCA OF ROANOKE VALLEY INC PO BOX 1451 520 CHURCH AVE SW ROANOKE VA 24007 ROANOKE VA 24016 Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of December, 2014 Notary Public The Roanoke Times I Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date I CITY OF ROANOKE-PDV January 06,2015 ASl=Trenh Gan• STEPHANIE M.MOON REYNOLDS-MMC,CITY CLERK 215 CHURCH AVE,SW,SUITE 456 NOEL C.TAYLOR MUNICIPAL BUILDING ROANOKE,VA 24011 LDate Category Description Ad Size Total Cost 01/12/2015 Municipal Notices PUBLIC HEARING NOTICE All public hearings advertised he, 1 x 144 L 1,373.28 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: -,5 12/30,01/06/2015 The First insertion being given ... 12/30/2014 r,.I Newspaper reference: 0000115256 Sworn to and subscribed before me this Tuesday,January 6,2015 i i .. 7I ,, 1 e.,. li I , o 4 Publi. 1, B (ling Repres-n .tive oti in„,e N\CEN/ '' State of Virginia P-..”"" •FAA_ .. City/County of Roanoke = P ' NGTARY 7:111;::::: { �r Pusu� My Commission expiresl ��f�U�, t REG {/3 `6 l E.* : • MYiuoMMIss.DN : 4 ( b v P r > �'`° x`l-7 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ",.&4T/ -'- c, including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. PUBLIC HEARING NOTICE The proposed amendments to the proffered conditions prohibit the sale of single serving alcohol products on the premises, remove the restriction All public hearings advertised herein regarding commercial signage, and will be held in the City Council limit the use of the property to Office, Chamber,fourth floor,Room 450,Noel general or professional; General C. Taylor Municipal Building, 215 service establishment, not otherwise Church Avenue, S.W., Roanoke, listed;Business service establishment, Virginia. All applications are available not otherwise listed; Personal service for review in the Planning,Building and establishment, not otherwise listed; Development office, Room 166, 215 and Retail sales establishment, not Church Avenue, S.W., Roanoke, otherwise listed. The zoning of the Virginia. property will remain Commercial- Neighborhood District(CN),permitting Any person with a disability requiring these land use categories without the any special accommodation to attend proffered conditions: residential; or participate in the hearings should accommodations and group living; contact Planning, Building and commercial; industrial; assembly and Development at(540)853-1730 at least entertainment;public,institutional and five days prior to the scheduled community facilities; transportation; hearing. utility; agricultural; and accessory; with a maximum density of one The City of Roanoke Planning dwelling unit per 1,800 square feet of Commission will hold public hearings lot area and a maximum floor area on January 12,2015,at 1:30 p.m.,or as ratio of 5.0. The comprehensive plan soon as the matters may be heard,to designates the property for village consider these applications: center use. Application from Faisal Khan,Manager, Tina M.Carr,Secretary, representing Fifth & Church LLC, City Planning Commission requesting that the westerly portion of the alley running between 4th Street, City Council will hold public hearings S.W.,and 5th Street,S.W.,in the block on the aforesaid applications on between Campbell Avenue, S.W., and January 20, 2015, at 7:00 p.m., or as Church Avenue, S.W., approximately soon as the matters may be heard. 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and Stephanie M.Moon Reynolds,MMC, 1011202,and on the south by Official City Clerk Tax Map No. 1011206,be permanently vacated,discontinued,and closed,and The City of Roanoke Board of Zoning noting that the western terminus of the Appeals will hold public hearings on portion to be closed is 5th Street,and January 14, 2015, at 1:00 p.m., or as the eastern terminus of the portion to soon as the matter may be heard, to he closed is an extension of the consider these applications: easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the Application filed by Stephanie B.Ward northerly boundary of Official Tax Map for property located at 1801 Patterson No. 1011206, as shown on Exhibit 1 Avenue,S.W.,bearing Official Tax No. attached to the Original Application. 1312914,zoned MX,Mixed Use District, for a special exception pursuant to Application from Epic Stop In, LLC,to Section 36.2315, Zoning, Code of the amend conditions proffered as part of City of Roanoke(1979),as amended,to a rezoning at 1132 9th Street,S.E.(also establish a group care facility, known as 902 Penmar Avenue, S.E.), congregate home,elderly. bearing Official Tax No. 4130410, previously accepted by City Council by Tina M.Carr,Secretary, Ordinance 35952061702. The City Board of Zoning Appeals application is to amend conditions on the western corner portion of the (115256) property, such conditions prohibiting the sale of alcohol on the premises, limiting commercial signage to ten(10) square feet, and limiting uses of the property to: general and professional offices,excluding financial institutions; general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment,and including the provision of business and personal services and other similar uses; and general retail establishments primarily engaged in the retail sale or rental of merchandise, goods,or products except automobiles, trucks,or construction equipment,and 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 January 12, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Faisal Khan, Manager, representing Fifth & Church LLC, requesting that the westerly portion of the alley running between 4th Street, S.W., and 5th Street, S.W., in the block between Campbell Avenue, S.W., and Church Avenue, S.W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202, and on the south by Official Tax Map No. 1011206,be permanently vacated, discontinued, and closed, and noting that the western terminus of the portion to be closed is 5th Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application. Application from Epic Stop In, LLC, to amend conditions proffered as part of a rezoning at 1132 9th Street, S.E. (also known as 902 Penmar Avenue, S.E.), bearing Official Tax No. 4130410, previously accepted by City Council by Ordinance 35952-061702. The application is to amend conditions on the western corner portion of the property, such conditions prohibiting the sale of alcohol on the premises, limiting commercial signage to ten(10) square feet, and limiting uses of the property to: general and professional offices, excluding financial institutions; general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. The proposed amendments to the proffered conditions prohibit the sale of single serving alcohol products on the premises, remove the restriction regarding commercial signage, and limit the use of the property to Office, general or professional; General service establishment, not otherwise listed; Business service establishment, not otherwise listed; Personal service establishment, not otherwise listed; and Retail sales establishment, not otherwise listed. The zoning of the property will remain Commercial- Neighborhood District(CN), permitting these land use categories without the proffered conditions: residential; accommodations and group living; commercial; industrial; 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 and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on January 20, 2015, 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 public hearings on January 14, 2015, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by Stephanie B. Ward for property located at 1801 Patterson Avenue, S.W., bearing Official Tax No. 1312914, zoned MX, Mixed Use District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a group care facility, congregate home, elderly. Tina M. Can, Secretary, City Board of Zoning Appeals Please publish in newspaper on December 30, 2014, and January 6, 2015. Please bill and send affidavit of publication to: Tina M. Can Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853-1330 tina.carr@roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 CITY OF ROANOKE ,,,, t `� OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CM(' City Clerk Deputy City Clerk January 14, 2015 CECELIA T.WEBB,CMC Assistant City Clerk Harry S. Rhodes, Esquire 318 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Rhodes: 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 Tuesday, January 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Fifth & Church, LLC, that the westerly portion of the alley between 4th Street and 5th Street, S. W., located between Campbell Avenue and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed.. The City Planning Commission at its meeting held on Monday, January 12, 2015, on a 7-0 vote, recommends vacation of the right-of-way. If you would like a copy of the Planning Commission report, please contact Tina Carr, Secretary, City Planning Commission, at(540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the January 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, A-ti-fai.-,..„Hry), retry, Ruesett-- Stephanie M. Moon Reynolds, MMC City Clerk pc: Faison Khan, Managing Partner, Fifth and Church, LLC, P. O. Box 6284, Roanoke, Virginia 24017 • CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 - Fax: (540)853-1145 E-mail: elerk@roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 14, 2015 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, December 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 a request of Fifth & Church, LLC, that the westerly portion of the alley between 4th Street and 5th Street, S. W., located between Campbell Avenue and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed.. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions or desire a copy of the report with regard to the matter, please contact the Department of Planning, Building and Development at 540-853-1730. Should you have questions regarding the public hearing before the Council, please do not hesitate to contact the City Clerk's Office. Sincerely, tatio,,u.t Iter i'VZIPAT-(2Aft! Stephanie M. Moon Reynolds, MMC City Clerk Adjoining Property Owners January 14, 2015 Page 2 pc: 425 Campbell Avenue LLC, P. O. Box 2476, Roanoke, Virginia 24010 5th and Campbell LLC, 428 Campbell Avenue, S. W., Roanoke, Virginia 20416 420 W. Church Avenue Condominium, do Karm Naji, 5386 Canter Drive, S. W., Roanoke, Virginia 24018 Valley Properties LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Opie Partnership, 419 Campbell Avenue, S. W., Roanoke, Virginia 24016 Conner Russell, III, 7613 Queens Road, Alexandria, Virginia 22306 Assisi Animal Clinics of Virginia, Inc., 819 Walhalla Court, N. W., Roanoke, Virginia 24019 B-S Enterprises of Virginia, Inc., 416 Campbell Avenue, S. W., Roanoke, Virginia 24016 Winford L. and Norma F. Clements, 1953 Franklin Road, S. W., Roanoke, Virginia 24014 Essentials Message Therapy Realty LLC, 420 W. Church Avenue, S. W., Roanoke, Virginia 24016 Edward Joseph Aesy, 505 W. Campbell Avenue, S. W., Roanoke, Virginia 24016 Virginia Bailey Turpin, 40 High Street, Rock Mount, Virginia 24151 Kepley Realty LLC, P. O. Box 8512, Roanoke, Virginia 24014 Roanoke Valley Council of Community Services, P. O. Box 598, Roanoke, Virginia 24004 YMCA of Roanoke Valley, Inc., 520 Church Avenue, S. W., Roanoke, Virginia 24016 APPLICATION STREET OR ALLEY VACATION ROANOKE Date: December4,2014 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The westerly portion of the alley running between Fourth Street,S.W.and Fifth Street,S.W.in the block between Campbell Avenue and Church Avenue.The portion to be vacated is approximately 143 feet long and is adjoined on the north by T.M.#1011201 and 1011202 and on the south by T.M.#1011206.The western terminus of the portion to be closed is Fifth Street.The eastern terminus of the portion to be closed is an extension of the easterly lot line of T.M.1011202 in a southerly direction to the northerly boundary of T.M.#1011206,as shown on Exhibit 1,attached. Proposed use of vacated street or alley: To enable T.M.#1011202 and T.M.#1011206 to be combined into a single contiguous parcel,which will facilitate further development of the buildings on each parcel as a single project and enable the construction of additional improvements connecting the buildings on each of these lots.This will revitalize the buildings and their environs.The vacation of this portion of the alley will eliminate the need for the existing revocable license with the City for the elevated walkway over the alley that connects the buildings on each parcel which is an obstacle to financing. Name of Applicant/Contact Person: Fifth&Church LLC c/o Harry S.Rhodes,Esq. Mailing Address: 318 Washington Avenue,Roanoke,VA 24016 Telephone: ( ) 540-342-0888 Fax: ( ) 540-3424664 E-mail: codes @rhodesbutler.com Applicant(s) signature(s): F7,444 C4_ L L c 6 -_ai 4an Ma174/4tr In I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 Post Approval Conditions Any right-of-way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and approval of the plat,and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance recorded. Street and alley right-of-way vacations may be subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law,and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. By signing below I certify I have read and understand the conditions outlined above. I agree to the closure for which I have applied being subject to the attached conditions. /C.•644 fr r- ---. 4 L[c Applicant ignatur ate Updated December 2013 CITY OF ROANOKE . a OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 h:PhIANIE M.MOON REYNOLDS,MMC 1+.mail: clerk4oroanokeva.gov JONA"1'l1AN E.CRAFT,CMC City Clerk Deputy City Clerk REVISED CECELIA T.WEBB,CMC Assistant Deputy City Clerk December11, 2014 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30-14 - Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on December 4, 2014, from Faisal Khan, Manager, representing Fifth & Church LLC, requesting that the westerly portion of the alley running between Fourth and Fifth Street, S. W., in the block between Campbell and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202, and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed; and noting that the western terminus of the portion to be closed is Fifth Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application. Sincerely, Stephanie � � Stephanie M. Moon ynol MMC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Fifth & Church LLC, do Harry S. Rhodes, Esquire, 318 Washington Avenue, S. W., Roanoke, Virginia 24016 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney :g 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: clerKieroano keva.gov JONATHAN E.CRAVE CMC City Clerk Deputy City Clerk CECELIA T.WEED,CMC Assistant Deputy City Clerk December 8, 2014 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on December 4, 2014, from Faisal Khan, Manager, representing Fifth & Church LLC, requesting that the westerly portion of the alley running between Fourth and Fifth Street, S. W., in the block between Campbell and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202, and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed; and noting that the western terminus of the portion to be closed is Fifth Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application. Sincerely, li Stephanie M. Moon nold , MC See City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Fifth & Church LLC, do Harry S. Rhodes, Esquire, 318 Washington Avenue, S. W., Roanoke, Virginia 24016 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney e ;: CITY OF ROANOKE err OFFICE OF THE CITY CLERK ' -- 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 S'T'EPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2015 Thomas L. McKeon, Executive Director Roanoke Higher Education Center 108 N. Jefferson Street, Suite 208 Roanoke, Virginia 24016 Dear Mr. McKeon: I am enclosing a copy of Resolution No. 40160-012015 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke and The Roanoke Higher Education Authority to sell to the Authority an approximately 0.3777 acre parcel of City-owned property located at 209 Henry Street, N. W., designated as Official Tax Map No. 2013001, which parcel consists of City- owned property, including a nonexclusive access easement on adjacent City-owned property, upon certain terms and conditions; and authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 20, 2015. Sincerely, 41,2 Stephanie M. Moon Rey I s, M • City Clerk Enclosure pc: Stephen W. Lemon, Esquire, Martin, Hopkins and Lemon, PC, P. O. Box 13366, Roanoke, Virginia 24033 Robert Gravely, 3360 Hershberger Road, N. W., Roanoke, Virginia 24012 Charlene Graves, 2755 Kirkland Drive, N. W., Roanoke, Virginia 24017 Martin Jeffrey, 421 Fairfax Avenue, N. W., Roanoke, Virginia 24017 Thomas L. McKeon, Executive Director Roanoke Higher Education Center January 21, 2015 Page 2 pc: Mark Powell, 655 Highland Avenue, S. E., Roanoke, Virginia 24013 Brenda Allen, 12 Gilmer Avenue, N. E., Roanoke, Virginia 24016 Gloria Randolph-King, 4473 Ben Street, N. W., Roanoke, Virginia 24017 Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget Wayne Bowers, Director, Economic Development Department 6. t ) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2015. No. 40160-012015. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and The Roanoke Higher Education Authority ("the Authority"), to sell to the Authority an approximately 0.3777 acre parcel of City-owned property located at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, which parcel consists of City- owned property, including a nonexclusive access easement on adjacent City-owned property, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on January 20, 2015, pursuant to Section 15.2- 1800 and Section 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated January 20, 2015, to sell to the Authority an approximately 0.3777 acre parcel of City-owned property located at 209 Henry Street, N.W., designated as Official Tax Map No. 2013001 ("Property") together with a nonexclusive access easement across adjacent City-owned property designated as Official Tax Map Nos. 2013016 and 2013006 ("Access Easement") for L:\AITORNEY\DATA\CLRV I\Laura\Measures\Ordinance Authorizing Contract for sale between City and HEA 209 Henry ST TM 2013001 120.I1docx the purchase price of$10.00, upon certain terms and conditions, as more particularly set forth in the above-mentioned Agenda Report. 2. The City Council further finds the sale of the Property, together with the Access Easement, will be of economic benefit to the City and its citizens. 3 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Authority pursuant to the Contract. 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: -1404.0.4.22—Th httfr elike41 City Clerk. L:\ATTORNEY\DATA\CLAN 1\Lauraweasures\Ordinance Authorizing Contract for sale between City and HEA 209 Henry ST TM 2013001 I.20.15.docx sia CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: Sale of City-Owned Property Located at 209 Henry Street, N.W. Background: The City of Roanoke (City) is the owner of a parcel of land, consisting of approximately 0.3777 acres, located at 209 Henry Street, N. W., identified as Official Tax Map no. 2013001 (Property). The Roanoke Higher Education Authority (Authority) has requested that the City convey a portion of the Property to the Authority for construction of an extension of the existing facilities currently located on adjacent property owned by the Authority for the purpose of expanding the Virginia Western Community College (VWCC) Culinary Arts Program. The conveyance would also include the conveyance of a nonexclusive access easement on adjacent City-owned properties (Official Tax Map #2013016 and #2013006). The proposed transaction contemplates the transfer of the Property less an 8.6 foot wide area on the northerly side of the Property, provided that the subdivision of the parcel imposes no restrictions or limitations on the development proposed by the Authority. If restrictions or limitations would be imposed, the conveyance will involve the entire Property. The attached proposed Contract for Purchase and Sale of Real Property contains the terms and conditions for conveying the Property and easement to the Authority. Consideration: In consideration of the purchase price of $10.00, the Authority agrees to develop the Property exclusively for expansion of the VWCC Culinary Arts Program, commence construction within 12 months after closing, complete construction within 24 months after closing, and provide to the City quarterly progress reports until substantial completion of the project. The Property may be used only for educational purposes or other uses that are authorized by the Charter of the Authority during the initial ten years following issuance of a certificate of occupancy for the new construction. The Authority has approved and accepted the form of the Contract, which will convey the Property and easement to the Authority under certain terms and conditions. A public hearing is required prior to City Council's action on the proposed contract. Recommended Action: Absent comments at the public hearing to the contrary, approve the attached ordinance authorizing the City Manager to execute a contract substantially similar to the one attached to this Report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such contract. All documents are subject to approval as to form by the City Attorney. ;IL Ch opher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development 2 DRAFT: 1.20.2015 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2015, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and Roanoke Higher Education Authority, a political subdivision of the Commonwealth of Virginia (Buyer). RECITALS: WHEREAS, Seller is desirous of selling certain real property, including any improvements thereon, situated at 209 Henry Street, N.W., Roanoke, Virginia, depicted as Official Tax Map No. 2013001, consisting of 0.3777 acres and more particularly described in Exhibit A attached hereto and made a part hereof, (Property) together with a thirty (30) foot nonexclusive access easement across Seller's adjoining lands (Nonexclusive Access Easement) to Buyer and Buyer is desirous of acquiring such Property and Nonexclusive Access Easement upon the terms and conditions set forth below; WHEREAS, Buyer intends to construct an extension of its existing facilities on the Property and enter into a long term lease agreement with Virginia Western Community College (VWCC) that will permit VWCC to expand its operation of its culinary school into the building and improvements to be constructed on the Property; and WHEREAS, Seller will sell the Property and the Nonexclusive Access Easement to Buyer provided Buyer fully complies with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the remedies available to Seller as set forth in this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Buyer's Proposal: Buyer's Proposal refers to addition component of the concept plans entitled "Roanoke Higher Education Center Virginia Western Community College Culinary Arts Facility Renovation and Addition" (which concept plans are attached hereto and made a part hereof as Exhibit B) (the "Plans") to construct buildings and improvements on the Property for use by VWCC in the expansion of the culinary school currently operated by VWCC on property adjacent to the Property. The Plans are a concept of the appearance of the exterior of the Project, hereinafter defined, and may evolve over time. Any material modification to the exterior elevations of the improvements shall be submitted by Buyer to Seller for its review and approval by the City Manager, or his designee. The review and approval shall be based on evaluation of RHEA VWCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 1 DRAFT: 1.20.2015 the improvements for conformity and compatibility with the character and aesthetics of the existing Claude Moore complex. Closing: The consummation of this Contract by Seller's delivery of a Deed to the Property and the Nonexclusive Access Easement to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Contemplated Use: The development of the Facility for initial use by VWCC in expanding the operations of its culinary school. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the provisions of Section 16 which shall be recited in the Deed, and as set forth in the Title Commitment. The Deed shall also include a grant of the Nonexclusive Access Easement. Facility: The development and construction of the buildings and improvements on the Property for the initial use by VWCC and as set forth in Buyer's Proposal and described as the Contemplated Use. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Lease: The written lease agreement between Buyer, as lessor, and VWCC, as lessee, for the lease of the Facility for an initial term of a minimum of five (5) years, commencing upon issuance of the certificate of occupancy for the Facility from the City of Roanoke Department of Planning, Building, and Development. Nonexclusive Access Easement: A thirty (30) foot nonexclusive easement across Seller's adjoining lands depicted as Official Tax Map Nos. 2013016 and 2013006 (the "Burdened Parcels") to provide pedestrian and vehicular ingress and egress to and from the Property and the right of way of Wells Avenue. Plans or Plan: As defined in Buyers Proposal. Project: This term means and includes the construction work to be done by Buyer over the course of 24 months after Closing as well as any related and/or connected work that may be required and/or done on any part of the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Property: The real property, including any improvements, located at 209 Henry Street, N.W., Roanoke, Virginia, depicted as Official Tax Map No. 2013001, and consisting of 0.3777 acres and more particularly described in Exhibit A attached hereto and made a part hereof. In the event that the Property is subdivided in accordance with Section 4.A.2(iii) of this Contract, then Property shall mean the Property, less the portion retained by Seller as a result of the subdivision. RHEA VWCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 2 DRAFT: 1.20.2015 Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of the Property and Buyer's Proposal and where a permanent certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning, Building, and Development. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY AND NONEXCLUSIVE ACCESS EASEMENT. A. Seller agrees to sell the Property and Nonexclusive Access Easement to Buyer, and Buyer agrees to purchase the Property and Nonexclusive Access Easement from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property and Nonexclusive Access Easement ("Purchase Price") shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's obligations, representations and warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11. 2. As a condition precedent to Seller's obligation to sell the Property and the Nonexclusive Access Easement or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's reasonable satisfaction, written confirmation and documentation of commitment of VWCC to execute, deliver and perform the Lease. C. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. RHEA VWCC Culinary School -Contract for Sale-Final Draft 120.15.docx 3 DRAFT: 1.20.2015 D. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. F. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 17, shall obtain, at their cost, any and all required permits and/or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. 1. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and Nonexclusive Access Easement and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at or prior to Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no/100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property and Nonexclusive Access RHEA VWCC Culinary School -Contract for Sale-Final Draft I.20.15.docx 4 DRAFT: 1.20.2015 Easement without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property. (iii) Buyer, at its sole cost and expense, shall seek to obtain subdivision approval for Seller to retain the 8.6 foot wide area on the northerly side of the Property, provided that such subdivision approval imposes no restrictions or limitations on the development of the Property in a manner consistent with Buyer's Proposal. Prior to submitting any application for subdivision approval, Buyer shall present the proposed subdivision plat to Seller for Seller's approval, such approval shall not be unreasonably withheld. In the event that Buyer is unable to obtain subdivision approval, this Contract shall remain in full force and effect and the transaction shall move forward as provided herein with the Property including the entire tract. (iv) Buyer shall, at its sole cost and expense, prepare a plat in recordable form that accurately depicts the area of the Nonexclusive Access Easement on the Burdened Parcels. Buyer shall provide Seller with a copy of the proposed Nonexclusive Access Easement plat for approval by Seller prior to Closing. Such approval shall not be unreasonably withheld. (v) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, and the Nonexclusive Access Easement, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (vi) Buyer agrees that the conditions and obligations of Buyer under this Contract which are to be performed post-Closing are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and RHEA V WCC Culinary School -Contract for Sale-Final Draft I.20.15.docx 5 DRAFT: 1.20.2015 acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. B. Post-Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate the Property in accordance with Buyer's Plans and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Buyer will develop the Property in accordance with the Plans. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. If Buyer fails to commence Construction Activity within 12 months after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property and the Nonexclusive Access Easement in accordance with Section 16 hereof. For the purposes of this subsection "Construction Activity" shall mean: Buyer has obtained necessary permits and approval from the City of Roanoke Department of Planning Building and Development to construct the Project. 3. All construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed within 24 months after the Closing Date. 4. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the 1st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post-Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 5. The Property may be used only for educational purposes or other uses that are authorized by the Charter of the Roanoke Higher Education Authority during the initial 10 years following the issuance of the certificate of occupancy for the Improvements. Should Buyer transfer ownership of the Property and the Nonexclusive Access Easement at any time during the initial 10 years following the issuance of the certificate of occupancy for the Improvements for any purpose RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 6 DRAFT: 1.20.2015 other than those contained in the preceding sentence, Buyer shall pay to the City an amount equal to the then current value of the Property (land only) as assessed for land only by the commissioner of the revenue of the City of Roanoke for real estate tax purposes. 6. Buyer shall within 12 months after Closing have completed all construction drawings and specifications for the construction of the Facility, obtained all necessary permits and approvals for the construction of the Facility. In the event that Buyer fails to provide written evidence of completion of these requirements within the time period set forth in this Section 4.B.6, the remedies provided in Section 16 shall apply. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements in executing the construction of the Improvements. Buyer further agrees that Buyer does not, and shall not during the construction of the Improvements, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property in connection with the construction of the Facility to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of the respective contractors, or subcontractors arising out of or connected in any way to the construction of the Facility as provided in this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of RHEA VWCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 7 DRAFT: 1.20.2015 such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. A. Easements to benefit Seller or Western Virginia Water Authority. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on the Property for the construction of infrastructure improvements needed for or benefiting the Property, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. B. Nonexclusive Access Easement. The Nonexclusive Access Easement shall provide for ingress to and egress from the Property, by pedestrian or vehicle, for the Buyer, its employees, business invitees, students, and contractors. Buyer shall have no right to grant easement rights to benefit any parcel of property. Buyer shall have the right, but not the obligation, to maintain the area of the Burdened Parcels subject to the Nonexclusive Access Easement to the condition that Burdened Parcels is in as of the Closing. Under no circumstances shall Buyer construct, erect, install, or maintain any structures, barriers, curbing, or other improvements within the area of the Nonexclusive Access Easement. Buyer shall, at its sole cost and expense, construct and maintain a curb cut on the Property to connect the area of the Nonexclusive Access Easement to the Property. Seller reserves all rights in the Burdened Parcels, including the right to allow others to use portions of the Nonexclusive Access Easement provided such uses do not prevent ingress to or egress from the Property. The Nonexclusive Access Easement will require Buyer to maintain insurance coverages to protect the Seller, provide indemnity, and satisfy other conditions in a manner substantially similar to the obligations of Buyer under the Right of Entry Agreement dated September 2, 2014. The Nonexclusive Access Easement shall benefit solely the Property and may not be conveyed separately from a conveyance of the Property. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property and the Nonexclusive Access Easement in an AS IS condition and subject to any items of record. This provision shall survive Closing. B. Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 8 DRAFT: 1.20.2015 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is available and provided by public streets dedicated to the City of Roanoke. Ingress to and egress from the Property shall also be provided by the Nonexclusive Access Easement. SECTION 11. TITLE AND CLOSING. A. Title to the Property and the Nonexclusive Access Easement, in accordance with the Survey, shall be conveyed by Seller to Buyer by a Deed, subject to the following: 1. Ad valorem real property taxes and stormwater fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 3. Those matters reflected on the Survey to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller that do not materially interfere with or prevent Buyer from using the Property for the Contemplated Use; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 11(B) below. 7. The restrictive covenant contained in Section 4.B.5 of this Contract. 8. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 9 DRAFT: 1.20.2015 into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and the Nonexclusive Access Easement and that title to the Property together with the Nonexclusive Access Easement is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before April 15, 2015, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof(the "Closing Date"). D. The purchase and sale of the Property and the Nonexclusive Access Easement shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property and the Nonexclusive Access Easement in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property and the Nonexclusive Access Easement; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any) and storm water fees shall be prorated with Buyer being responsible for all periods thereafter. RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 10 DRAFT: 1.20.2015 F. Buyer shall pay for (i) the cost of all investigations of the Property and the Nonexclusive Access Easement including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 14. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a RHEA VWCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 11 DRAFT: 1.20.2015 right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contracts or understandings. SECTION 15. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. In addition to the remedy of repurchasing the Property and the Nonexclusive Access Easement pursuant to Section 16 of this Contract in the event of nonperformance of Buyer's obligations under Section 4.B.2 of this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract after written notice of such default is provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract and recover any specific monetary damages directly caused by Buyer's breach. SECTION 16. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY AND NONEXCLUSIVE ACCESS EASEMENT. A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months from the Closing, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as reasonably determined by the Seller, and as described in Section 4.B.2, Seller shall have the right to refund to the then record owner(s) of the Property and Nonexclusive Access Easement all or any part of the original Purchase Price for the Property and Nonexclusive Access Easement paid by Buyer to Seller; whereupon the then record owner(s) of the Property and Nonexclusive Access Easement shall forthwith convey the Property and Nonexclusive Access Easement to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property and Nonexclusive Access Easement for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property and the Nonexclusive Access Easement or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property and the Nonexclusive Access Easement or the part thereof designated by Seller conveyed to the Seller. RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 12 DRAFT: 1.20.2015 B. Buyer may grant a mortgage or deed of trust on the Property and the Nonexclusive Access Easement provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 16.A is superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right to repurchase the Property and Nonexclusive Access Easement pursuant to Section 16.A. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property and Nonexclusive Access Easement with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 16. SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have sixty (60) Days following the execution of this Contract to complete Buyer's due diligence review of the Property(Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its Due Diligence review mentioned above Buyer's right of entry to the Property shall be governed by the Right of Entry Agreement between the parties bearing date September 2, 2014. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 If to Buyer: Executive Director Roanoke Higher Education Center 108 N. Jefferson Street, Suite 208 Roanoke, VA 24016 RHEA V WCC Culinary School -Contact for Sale-Final Draft 1.20.15.docx 13 DRAFT: 1.20.2015 with a copy to: Stephen W. Lemon, Esq. Martin, Hopkins and Lemon, PC P. O. Box 13366 Roanoke, Virginia 24033 Suite 1000 10 S. Jefferson Street Roanoke, Virginia 24011 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE PERFORMED BY THE PARTIES POST-CLOSING SHALL SURVIVE CLOSING. RHEA V WCC Culinary School -Contract for Sale-Final Draft I20.15.docx 14 • DRAFT: 1.20.2015 SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non-defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non- defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 28. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees as follows: (a) Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Property. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of Buyer, will state that Buyer is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. RHEA V WCC Culinary School -Contact for Sale-Final Draft 120.15.docx 15 DRAFT: 1.20.2015 (d) Buyer will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Buyer or vendor. SECTION 29. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Seller- supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 30. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and/or being excusable delay. SECTION 31. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGES TO FOLLOW RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 16 DRAFT: 1.20.2015 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: ROANOKE HIGHER EDUCATION AUTHORITY By: Name: Title: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , the of Roanoke Higher Education Authority, a political subdivision of the Commonwealth of Virginia, for and on behalf of such entity. My commission expires: Notary Public SEAL RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20-15.docx 17 DRAFT: 1.20.2015 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. RHEA V WCC Culinary School -Contract for Sale-Final Draft 1.20.15.docx 18 DRAFT: 1.20.2015 Contract for Purchase and Sale of Real Property dated , 2015 by and between City of Roanoke Virginia, as Seller, and Roanoke Higher Education Authority, as Buyer EXHIBIT A Description of Property Certain real property, together with any improvements thereon, situated at 209 Henry Street, N.W., Roanoke, Virginia, depicted as Official Tax Map No. 2013001, and further described and depicted as Lot 2, containing 0.3777 acres, as shown on Subdivision Plat for City Of Roanoke Redevelopment and Housing Authority, prepared by Mattern & Craig, Inc., dated July 28, 2000, and recorded in the Court Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. RHEA VWCC Culinary School -Contract for Sale-Final Draft 1.20.I5.docx 19 DRAFT: 1.20.2015 Contract for Purchase and Sale of Real Property dated , 2015 by and between City of Roanoke Virginia, as Seller, and Roanoke Higher Education Authority, as Buyer EXHIBIT B Buyer's Proposal 2 p 6s �° i eo I E, 2< o— §i ; p ' i ugg ag x , _ _ w � z 3�1ryn 3iIL'a. l r_ � IT l TIY L. I i � i _ W z a- , 1 '•,, ° 1 '� _ F> m � K RHEA VWCC Culinary School -Contract for Sale-Final Draft 120.15.docx 20 DRAFT: 1.20.2015 RHEA VWCC Culinary School -Contract for Sale-Final Draft I.20.15.docx 21 The Roanoke Times Account Number Roanoke,Virginia 6023815 Affidavit of Publication Date ROANOKE HIGHER EDUCATION CENTER January 08,2015 Attn CARLA JAMES 108 N JEFFERSON ST SUITE 201 C ROANOKE,VA 24016 Date Category Description Ad Size Total Cost 01/142015 Municipal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 55 L 310 80 Publisher of the NOTICE OF PUBLIC HEARING Pursuant to the requirements of Roanoke Times Sections 15.2-IBO0.8 and 15.3•1013. Code of Virginia (19501. as amended. notice is hereby given that the Council 0f the City of Roanoke will hold a public I,(the undersigned)an authorized representative of the hearing on January 20. 2015. at 7:00 9 i matter or as be heard,thereafter the as Roanoke Times,a daily newspaper published in Roanoke,in the Chamber.•th Floor.Room 450. Nord C. Taylor Municipal Building. 215 church State of Virginia,do certify that the annexed notice NOTICE OF Avenue.s.w..Roanoke,Virginia.24011. ondaspropoi d Contract for(Purchase PUBLIC HEARING was published in said newspapers on the between the City of Roanoke(City)and following dates: Roanoke Higher Education Authority (Buyer), wherein the City proposes to sell to Buyer certain real property located at 209 Henry St/got. N.W.. Roanoke, Virginia.consisting of 0.3777 acres, designated as official Tax Map 01/38/2015 No.2013001(Property).together with a thirty (30) foot noneselusive access easement across City's adjoining lands designated its Official Tat Map NOS. 2013016 and 2013000. A copy of the proposed Contract ' will be availably at the City Clerk's 131A tfy Office. Roo 455. Noel C. Taylor VIA J/` Municipal Building.215 Church Avenue. being given The First insertion bein iven... 01/08/2015 S.W.. Roanoke.Virginia, 24011. and aver Thursday. January 8. 2015. For further Information on the matter. you Tay contact the at(5•0)853-2541.Office of the City Clerk Newspaper reference: 0000119258 All enrtin and inlere(ted entitles may appear on the above date and time to be heard on the above matter. If you are a person with a Sworn to and subscribed before me this Thursday.January 8,2015 disability who needs accommodations y' ry for this hearing.please contact the City Clerk's ON/CC at(5•0)853-2541.before 12:00 noon on Thursday. January 15. 2015. Given under my hand this-5th day of January.2015. Stephanie M.Moon Reynolds. City Clark <119258) otary Public B' ing Rep :'n r,tive State of Virginia City/County of Roanoke 3n\ 190 My Commission expires 'A'A 1 1 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU \gif NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on January 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke (City) and Roanoke Higher Education Authority (Buyer), wherein the City proposes to sell to Buyer certain real property located at 209 Henry Street, N.W., Roanoke, Virginia, consisting of 0.3777 acres, designated as Official Tax Map No. 2013001 (Property), together with a thirty (30) foot nonexclusive access easement across City's adjoining lands designated as Official Tax Map Nos. 2013016 and 2013006. A copy of the proposed Contract will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Thursday, January 8, 2015. For further information on the matter, you may contact the Office of the City Clerk at (540)853-2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 15, 2015. Given under my hand this 5th day of January, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Thursday, January 8, 2015. Please send bill to: Please send affidavit of publication to: Thomas L. McKeon Stephanie M. Moon Reynolds, City Clerk Executive Director 4th Floor, Noel C. Taylor Municipal Building Roanoke Higher Education Center 215 Church Avenue, S.W., Room 456 108 N. Jefferson Street, Suite 208 Roanoke, Virginia, 24011 Roanoke, VA 24016 )%111'4)Ht Dr. Robert Sande!, Virginia Western Community College President Comments for Roanoke City Council, January 20, 2015 Mr. Mayor, Members of the Council, I am Bobby Sandel, President of VWCC. Thank you for this opportunity to speak in support of the request to purchase city land for the expansion of the VWCC Culinary Arts Program. • From day one, the AL Pollard Culinary School at VWCC has exceeded expectations. • The present enrollment consists of 200+ full and part-time students. • The school has 3 full-time chefs and uses 10-15 adjunct teachers per semester. • One of the key missions of VWCC is to fill the workforce needs of our community and region. • The job placement of our Culinary School graduates is over 80%. • The culinary school operates from 8am — 10pm, Monday through Thursday, and Friday mornings. • We will provide opportunities for the Gainsboro community to use, on a free basis, the theater as available. -., We will ensure that the design of the complex will pay homage to the historical aspects of Henry Street. • Over the past 5 years, 24% of all students in the culinary program have been African-American. • We offer free bus service for city students to attend classes at Western/Culinary Schools. • VWCC chefs and ACF members visit the following students during school year: o Highland Park Elementary —Hurt Park Elementary — Westside Elementary and Round Hill Elementary; o They provide programs on Fridays after school on healthy snacking and nutrition education; o They also fill students' book bags with healthy snacks; o This volunteer program is called "Chef and Child." We at VWCC are proud to say that `we make a difference' and the Al Pollard Culinary School is a wonderful example of how it makes a difference for the student, the employer and the community. Thank you. jet b A z. Remarks by Thomas L. McKeon, Ed.D. Executive Director, Roanoke Higher Education Center, Regarding City Council Agenda Item A.2. January 20, 2015. Mr. Mayor, members of council, I am Tom McKeon, Executive Director of the Roanoke Higher Education Center, 109 N. Jefferson Street. Thank you for this opportunity to speak in support of our request to receive city land for the expansion of the Virginia Western Community College Culinary arts program. This nationally accredited culinary program is booming. We are responding to the success of the program with a plan to expand the existing culinary building onto the vacant city-owned lot at 209 Henry Street. The project includes 8,000 new square feet plus renovation of the existing 10,000 square feet, and is State funded through Virginia College Building Authority bonds. Our project comes with a commitment to the Gainsboro community to further improve Henry Street, preserve its architectural integrity and celebrate its proud past. I first shared our general project idea with Gainsboro Southwest Community Organization in 2013, and hearing no objections at the time, moved ahead to seek state funding and request the city-owned land. Since then, with the assistance of City staff, we held 2 community meetings, November 13, and December 2, 2014, to receive community input. Ideas, suggestions and concerns from those meetings have been incorporated into our plans. We have heard time and again from members of the neighborhood that projects in Gainsboro and on Henry Street should: Promote education —we will expand job related higher education in the neighborhood. Preserve history—we will pay homage to historical aspects of Henry Street in the project design. Promote culture—we will add a permanent exhibit on the history of Gainsboro and Henry Street in the theater (former Ebony Club). We are also committed to the free use of the theater—as available, for Gainsboro community activities. We will provide Regular community updates on progress, and we will welcome community input on the design. And there are other benefits the project will provide for the neighborhood and the city. An expanded culinary arts program adds to the World-class education programs already available in the neighborhood through the Higher Education Center and its partner institutions. 1 The project will provide construction jobs, and we will make a special effort to invite minority contractors and sub-contractors to bid on the project. The project provides economic opportunities for culinary graduates close to home, and continues the vitality of Henry Street that can lead to private investment and additional development. Finally this project incorporates values stated in the Gainsboro Neighborhood Plan of March 17, 2003: "Protect the architectural character of the neighborhood. New buildings should respect the existing neighborhood character with respect to scale and design." "Encourage continuing personal development through educational, cultural and historical resources." We recently selected Spectrum Design of Roanoke to do the architectural planning and design. Spectrum has done a number of historically significant projects in Roanoke, and they will also rely on the expertise of Hill Studio to insure the project reflects the historic context of Gainsboro and Henry Street. We are committed to a final product that will celebrate the past and point to a bright future for the Gainsboro Community. I will be glad to answer any questions you may have, and we have representatives of our design team here if you have any questions for them. From Spectrum Design: David Bandy, Nathan Harper and Richard Thomas; from Hill Studio Phillip Moore. 2 A.2. Henry Street Development Options •� Thomas Schwendeman to: mayor 01/18/2015 10:06 PM Cc: Brenda Hale,trib,Gloria Randolph King,William Penn, Constance Crutchfield, brenda.hamilton, Nikki Giovanni Mayor Bowers: No doubt, you have read today's Times editorials concerning the future of Henry Street. Based on what we know, this may well be the first time that you have become aware that there is, in fact, another option to the expansion of the culinary school; one that, for those who have seen it, deem it to work much better for all our community, including the culinary school. At a recent council meeting, Councilman Bestpitch shared that if there was, in fact, another plan for Henry Street,he was certainly interested in seeing it. When he confirmed, several days later, to Miss Bethel that, in fact, he was sincere about his statement, she contacted me and requested that I meet with her and Mr, Bestpitch to share the development plan that was very enthusiastically received at her neighborhood organization'meeting in December of 2013. Arrangements were made and we all met a few days before Christmas. We shared our very real effort to cause the restoration of the buildings, (destined for the wrecking ball), for the express purpose of a culinary school and community center, a fact that there are only a handful of people who really know the truth of how it came about. We were the ones who brought everyone to the table in support it and make it happen. We also reminded him of our very real efforts to get the Social Security building built exactly where they ended up building it. Darlene Burcham had everybody lined up, and was ready to break ground on Henry Street. But we persevered, and even today, folks staunchly in her court, for political reasons or others,have acknowledged, it worked out best for all the community. And it left the door open for the continued pursuit of a much more exciting vision for Henry Street. In 2008, with the Dumas and culinary school up and running, and the social security building on its way to opening the door for future redevelopment to that section of Jefferson, the Henry Street Group, Inc., originally co- founded by the late Greta Evans, became the legal entity that would move forward with a vision different from the "business center" model unsuccessfully pursued for the previous 10 years. The vision is based on the very successful "art-space" development philosophy, which was the very same development philosophy that has been used in Old Southwest with the combination of the Jefferson Center and the Cotton Mill residential redevelopment. We don't have to list all the new development that has happened since the combination of the arts and the infusion of young primarily single professionals has been dropped right in the middle of a neighborhood of Section 8 apartments, drugs and prostitution. Google "art-space" to read more about how this philosophy has transformed cities all over our country. In 2010, after the Housing Authority opened the door to look at other development plans for HS, I met with Executive Director Glenda Edwards and Roger Vest, head of redevelopment for the Authority. They enthusiastically embraced the vision they saw, while at the same time acknowledging the efforts of the inclusion of the neighborhood in the process. We were aware that the residential aspects of the vision, with the early success, up to that time, of the residential infusion to downtown was not an issue. We continued to explore various art opportunities for the first floors of two buildings that would also house approximately 150 residential units on the second, third and fourth floors. The break came late in 2012, when we learned of the success of the culinary school and their need to expand. Craig Balzer, of Balzer &Associates architectural firm, (who had a long history of involvement on Henry Street, including the Dumas redevelopment), had been on board from the beginning of the inception of our vision back in 08. Together, we met with Dr. Sandel and his staff in February of 2013. For the next 15 months, we conducted approximately 2 dozen meeting with Dr. Sandel and/or various members of staff with the express idea of developing a brand new, state of the arts, 18,000 sq. ft. culinary school to be built on the empty lot adjacent to their current location. That summer, we added Branch &Associates construction company and then the Rebkee Company, respected developers from the Richmond area, to the team. Dr. Sandel brought Rita Bishop to the table to discuss the opportunities for creating additional educational opportunities relating to the technical area of the arts, i.e.. camera, lighting, sound, and her very real interest in broadcast journalism, with its great demand for African-Americans. Just as with the culinary education, start in high school and finish with an Associate Degree at the VWCC, and find a good paying job. That school would be in the other building. In addition to the meetings with VWCC, we also met on one occasion with Glenda Edwards, Brian Townsend, and Chris Chittum, (fall of'13), and in Jaunuary of'14, our development team met with Chris Mon-ill and Wayne Bowers, along with Bobby Sandel and Rita Bishop. Our development team worked with the three chefs and Dept. head Debbie Yancey to design the new facility. We determined, based on the specific needs of the school, which also included supplying all the new kitchen equipment, ($500,000-1,000,000) @$125 per ft. construction cost plus soft cost would bring the new school in @ approximately$3.2-3.5 mill which includes the figure of$750,000 for equipment. Remember that estimate. The overall estimate of the two four story buildings, a very exciting site plan that includes the street closure of Henry Street from Loudon to Wells Avenue, along with a fountain at Wells was approximately$26 mill. To bridge the numbers we were looking to TAP, who had applied for the New Market Tax Credits program and included us in the application. You need to understand, our development team could easily have developed just the building that was to house the culinary school and approximately 75 apartments on the upper floors without the assistance of the NMTC. Now, the most important aspect of our proposal, for the African-American community, was that once the school vacated the Claude Moore into its new facility, that we would restore the theater back to its original design, add a marquee, as it once had, rename it the Micheaux Center, and it would become the "piece of the pie" Miss Bethel referred to in her editorial. The opportunity to have a specific, historic building to be used to celebrate our All-American city's African-American culture, which would include restoration of African-American theater, adult and children, that was once housed in the Dumas, just to mention a few. Everybody wins! Last spring, about the same time TAP got word it wouldn't be included in the appropriations for the NMTC, we also got word that the Higher Ed Authority had received, initially, $3.1 mill from the state, which, eventually became$5.5 mill, We were indirectly informed that they had no interest in working with us to leverage our moneys to work together to finish the rest of Henry Street. Their current proposal is to continue to develop the current kitchens and former theater space which currently serves as a classroom, but would become a lecture hall, and then add another 8,000 sq. ft, bringing the total amount of space to approximately 18,000 sq,ft., the same amount of space we proposed for a brand new school, all in one facility. They have announced that the community would be given certain privileges as seen in their editorial,but the community has already experienced their last privileges taken away when they lost the use of the community center. But, things do happen for reasons...this sudden windfall of the$5.5 mil (public money), is more than enough money to build a new school, which is what everyone connected to the school really wanted to do, including Bobby, and restore the Claude Moore for the community, and then be the heroes in the deal! We are in a position, with several developers now wanting in, to finish the other side of the street as originally planned. With a coordinated effort, we can still have a beautiful site. Councilman Bestpitch, after 2+hours of conversation, deemed this to be " the solution." Both he and, (two weeks later), Sherman Lee, were both quite taken aback that the city staff had not made them aware of all the possibilities, which leads me to believe there are others on council who are not aware of the best possible solutions. How can anyone make a decision to move forward when they are not fully informed of all the options, especially on something as sensitive as Henry Street. For the record,had the folks at Higher Ed made an effort to work together last spring, we would have already broken ground on all of the rest of the vacant land. To table this for 30 days, in order for everyone to fully see what the options are, and to potentially come together during that short period with the solution that works for all our community is the only way to move forward. And don't let anyone, from the city staff to Higher Ed, suggest that any delays/changes, no matter how short, will jeopardize the project, or cause them to move to the campus...and they will try to do just that. Besides, their not going to walk away from $5.5 mill. We will be more than happy to meet any time at your convenience, between Monday and Tuesday's 7 PM Council meeting to share the architecturals and answer any questions you may have. Quite frankly, you and the rest of your Council colleagues have a great opportunity to bring everyone together, since you ultimately control how all this plays out. Very sincerely, Thomas Schwendeman, Chairman Henry Street Group, Inc. cc: Claudia Whitworth, Board Member Evelyn Bethel, Board Member M. B, Roberts Charlene Graves • Ii 7 E�1 — i— __ -WELLS AVENUE --- 1 �� �'\ ) c -- / .:�;I o�� m m r / / ,,.-,-,', 03 II ? 1 i. 1 e - - r1 f I CENTRE AVENUE 7 J i © may 1 CENTRE AVENUE Li O ta N&W SHENANDOAH AVENUE (BELOW) O - -- - _. LI IWRIT LUTHER raw.t.NEwf4 BMOC v. Et MLR•LUDO.1 t 1€•(CWIDE wovE COPIER) Na WELLS AVENUE PLAZA t MONTAN a MOPE R5. ENCINC HOTEL NHNMNE a CONFERENCE PROPOSED DEVELOPMENT FOR ID 2. DUSTING unseat,PMPSU WU'S( ID AWED W`INMo n. PROPOSED RNyM ENIMKNM CENTER eI Z STORIC HENRY STREET S. WFIM LUTHER MC.--PIN[t STRIVE 11. MORE HENRY HEN Y STREET ROUND/GOUT Y{. E}R1MG PARKING AT SHOWMAN AVENUE " °"N0 HANK ARTS DISTRICT Wa 011S1NG PARKING LOT 12. NRIM SSW 1pM sown PVC ENWE 19 [CGRMG SRK PRN1w aJLo*w -'n S. DC MAWS CERIEN It TWINE NwUN CaT&FOR HIE ROTS 20. COSTING MGM"EGKAMN CENTER PREPARE)FOR TIM**WRY E111!ZI GROUP.M. W E WICCOR TERRACE u MIX€ENTRY 10 GROUND LEVEL PARING.DELMER(• ST CCSENC MOHOI EDUCATOR RNA SENSES I 7. SWORE DU AS MCEN I3. 0051AL•EMERSON e•RESIDENCES J IS. COSTING LANDSCAPED PINIONS AREA (FGOEIIL.wMa0 SDU1NRX N.ELUG) a M MINIM SCHOOL I TARI OBEY OFFICE OFFICE OFFICE OFFICE OFFICE PUBLIC ASSEMBLY CLASSROOM CLASSROOM STUDENT BATHROOMS RETAIL DRY/COLD/FREEZER LOBBY/ RECEPTION RECEIVING CLASSROOM UILDING"B" IRST FLOOR HELL SPACE 18,193 GSF (NCL DES VERT.CIRCULATION) ELEVATOR/STAIRS RECEIVING RESIDENTIAL LOBBY 8D MICHEAUX CENTER FOR THE ARTS SCHEMA=NSW M FIRST FLOOR PLAN CmCm 3 p G I m ?m Mt r ad /D yL p Good evening, 1 (�ttG �t I would like to take this opportunity to thank each of you for your dedicated service and your willingness to listen to the concerns of all off the Roanoke citizens. iso Today, I want to speak to you regarding the Culinary Artspansion. It is so ironic that I am speaking to you during the week that rr�r us have celebrated the birthday of Dr. Martin Luther King and the observance of his famous "I have a Dream" speech Well, today I have a dream. I am not d'Roanoker but I have lived here over 36 years and I love hearing about the history of Henry Street. In fact, I was one of the principal characters in the Henry Street production. My dream is to see some of that history revived. I want to ask you to visualize a new use for the Claude Zoore Center. I have a rS'dream---one that will reflect the memory that the orican Americans would support and be proud of. I truly love Virginia Western's Culinary Arts program and I would like to see it have its own building as a brand new edifice and allow the Claude Moore to be r sto ed for the use of the community. You have to visualize in your dream iS# 0 Vfat lerld ing as S4 revived Oscar Micheaux theatre on Henry Street that carries the legacies of those who shared that venue. You see, if the Culinary Arts School is built in the expansion area, it would still exist and would probably have its own identity. Let the people in the community have the I ude ore. Righ now we can't use the building; although, they said we ikbo ng rirWas available; but that part was not my dream. I am asking that you consider giving community empowerment a chance to create a facility that will allow this dream to take formation at the Claude Moore. I am willing to do my part to keep my dream alive. I hope that you might share this dream with me. "_',r CITY OF ROANOKE e 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: elerkndronnokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21 , 2015 Ahmed and Jasminka Elsayed 902 Penmar Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. and Mrs. Elsayed: A public hearing was conducted by the Council of the City of Roanoke on Tuesday, January 20, 2015, regarding your request to amend certain conditions presently binding upon a .0324 acre portion of a .1635 acre tract of land located at 1132 9th Street, S. E., (also known as 902 Penmar Avenue, S. E.), designated as Official Tax Map No. 4130410. On a 2-5 vote, the request was denied. Sincerely, L.�e ptl�n Stephanie M. Moon Re Ids, C City Clerk Enclosure pc: Alphonso L. Brooks, 912 Penmar Avenue, S. E., Roanoke, Virginia 24013 Juan Jimeniz, 665 Murray Avenue, S. E., Roanoke, Virginia 24013 Edwin Cintron, 1123 9th Street S. E., Roanoke, Virginia 24013 Maximilano Lorenzo Damian, 1127 9th Street, S. E., Roanoke, Virginia 24013 Cadova, Inc., 1129 9th Street, S. E., Roanoke, Virginia 24013 Myrtle D. Cundiff, P. O. Box 7369, Roanoke, Virginia 24019 Patrick E. Lynch, 2631 Island Green Road, Daleville, Virginia 24083 Jay McCanless, 1336 Buena Vista Boulevard, S. E., Roanoke, Virginia 24013 Terry Huxhold, 1125 16th Street, S. E., Roanoke, Virginia 24013 Ahmed and Jasmika Elsayed January 21, 2015 Page 2 PC: Marie Muddiman, 1210 Penmar Avenue, S. E., Roanoke, Virginia 24013 Mark Powell, 655 Highland Avenue, S. E., Roanoke, Virginia 24013 Roy Bedwell, 1219 Penmar Avenue, S. E., Roanoke, Virginia 24013 Duane Howard, 1221 6th Street, S. E., Roanoke, Virginia 24013 Alvin Davis, 1233 Buena Vista Boulevard, S. E., Roanoke, Virginia 24013 Scott Horchler, 1321 Morningside Street, S. E., Roanoke, Virginia 24013 Corbin Prydwen, 1205 Chapman Avenue, S. W., Roanoke, Virginia 24016 Cindy Turner, 1125 16th Street, Roanoke, Virginia 24013 Martin Jeffrey, 421 Fairfax Avenue, N. W., Roanoke, Virginia 24017 Alma Lois King, 1141 Stewart Avenue, S. E., Roanoke, Virginia 24013 Amy Morgan, 614 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steven J. Talevi, Assistant City Attorney Phil Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Christopher Chittum, Director, Planning, Building and Development Katherine Gray, Land Use and Urban Design Planner Robert Clement, Neighborhood Services Coordinator Tina M. Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 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 conditions presently binding upon a portion of certain property conditionally zoned CN, Commercial-Neighborhood District; and dispensing with the second reading of this ordinance by title. WHEREAS, Epic Stop In, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend certain conditions presently binding upon a .0324 acre portion of a .1635 acre tract of land located at 1132 9th Street, S.E., also known as 902 Penmar Avenue, S.E., being designated as Official Tax Map No. 4130410, the .0324 acre portion being zoned CN, Commercial-Neighborhood District, with proffers, such proffers being accepted by the adoption of Ordinance No. 35952- 061702 on June 17, 2002; 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 January 20, 2015, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to a portion of the subject property, and is of the opinion that the conditions now binding upon the .0324 acre portion of a .1635 acre tract of land located at 1132 9th Street, S.E., also known as 902 Penmar Avenue, S.E., being designated as Official Tax Map No. 4130410, should be amended as requested, and that the .0324 acre portion of such property be zoned CN, Commerical-Neighborhood District, with proffers as set forth in the Zoning Amendment Amended Application No. 2 dated January 13, 2015. 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 proffered conditions as amended by the Zoning Amendment Amended Application No. 2 dated January 13, 2015, so that the western .0324 acre portion containing the existing accessory building of the subject .1635 acre property is zoned CN, Commercial-Neighborhood District, with such proffers. 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 902 Penmar-Amend proffers.doc ""r� ^� CITY COUNCIL AGENDA REPORT 0, tor To: Honorable Mayor and Members of City Council Meeting: January 20, 201 5 Subject Application from Epic Stop In, LLC, to amend conditions proffered as part of a rezoning at 1 1 32 9th Street, S.E. (also known as 902 Penmar Avenue, S.E.), bearing Official Tax No. 41 30410, previously accepted by City Council by Ordinance 35952-061702. Recommendation The Planning Commission held a public hearing on Monday, January 12, 2015. By a vote of 6 - 1 the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 as amended at the Planning Commission public hearing, and later submitted as Amended Application No. 2, is consistent with the City's Comprehensive Plan, Morningside/Kenwood/Riverdale Neighborhood Plan, and Zoning Ordinance as the amendment to the proffered conditions will allow the subject property to expand their use of the property to more closely reflect that of the surrounding neighborhood commercial properties while protecting against potential impacts with off-premise alcohol sales by prohibiting the sale of certain alcohol products based on consultation with the Police Department. The Police Department indicates that such prohibitions are effective at limiting or eliminating problems associated with retail alcohol sales. Specifically, the amendments to the proffered conditions prohibit the sale of any fortified wine and the sale of single containers of beer and malt beverages, update the permitted uses to the language in the current zoning ordinance, and remove limitations regarding sign area permitted. Application Information Request: Amendment of Proffered Conditions Owner: Juan Jimenez Applicant: Epic Stop In, LLC (Jasminka Elsayed & Ahmed Elsayed) Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1 1 32 9`h Street, S.E. / 902 Penmar Ave, S.E. Official Tax Nos.: 4130410 Site Area: 0.0324 acre portion of parcel, which is 0.1635 acre total area Existing Zoning: CN, Neighborhood Commercial with conditions Proposed Zoning: CN, Neighborhood Commercial with conditions Existing Land Use: Retail Sales Establishment, not otherwise listed Proposed Land Use: Retail Sales Establishment, not otherwise listed Neighborhood Plan: Morningside/Ken wood/Riverdale Neighborhood Plan Specified Future Land Use: Village center use Filing Date: Original Application: December 04, 2014 Amended Application No. 1 : December 22, 2014 Amended Application No. 2: January 14, 2015 Background Prior to 2002, the existing accessory building on the western portion of the property at 902 Penmar Ave, S.E., had been used for commercial purposes, but remained vacant for more than two years and lost its nonconforming status. In 2002, the portion of the property at 902 Penmar Ave., S.E., that contained the existing accessory building was rezoned from RM-1 , Residential Multi- Family Low Density District, to C-2 (c), General Commercial District with conditions. In September 2003, a new neighborhood plan was adopted by City Council that proposed the land use for the property and surrounding properties as a village center. Commercial land uses existed near the intersection at the time of the plan's adoption. As part of that plan's implementation in 2005, the subject property and 11 other properties near the intersection of 9`h Street, Buena Vista Boulevard, and Penmar Avenue were rezoned to Commercial-Neighborhood District to reflect the village center designation in the neighborhood plan. The existing proffered conditions were not removed in the comprehensive rezoning as they remain with the property until specifically removed by specific Council action. 2 In October 2013, the applicant filed an application to repeal the existing conditions from the western portion of 902 Penmar Ave. S.E. The removal of proffers would have allowed the full uses permitted in the CN district and removed restrictions related to the expansion of the structure, sale of alcohol, outside telephones, and signage. However, the application was not approved by City Council as adequate need and justification for the removal of the condition that prohibits the sale of alcohol was not included in the application and such removal had the potential to have an adverse impact on the surrounding neighborhood based on documented issues with off-premise alcohol sales in the area. In November 2014, the applicant met with staff to discuss the possibility of amending the proffered conditions regarding sale of alcohol and quantity of commercial signage on the portion of the property housing the retail sales establishment in order to more fully use the property as a neighborhood convenience store. In December of 2014, the applicant filed an application to amend the proffered conditions on the portion of the property that houses the retail sales establishment. An amended application was filed later the same month. In January of 2014, the applicant amended their application at the Planning Commission public hearing. Amended Application No.2, that reflects the changes made to the application at the public hearing, was filed two days later. Conditions Requested for Amendment by the Applicant The Applicant hereby requests that the following proffered conditions enacted by the Ordinance No.35952-061 702 be amended as they pertain to the subject portion of the Official Tax No.41 30410: (a) There will be no Expansion to the structure. (b)No Alcohol will be sold on the premises. No single container of"beer", as that term is defined in the Virginia Code (1950), as amended, and no single container of "malt beverage", as that term is defined in 27 C.F.R. 7. 10 of the Code of Federal Regulations, will be sold on the premises. Any ABC license pertaining to the premises will prohibit the sale of any fortified wine, single containers of beer, and single containers of malt beverage products. (c) No outside telephones will be placed on the property. (d) Uses of the property will be limited to the following: fit—General and professional offices, excluding financial institutions; 3 maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Office, general or professional General service establishment, not otherwise listed Business service establishment, not otherwise listed Personal service establishment, not otherwise listed Retail sales establishment, not otherwise listed fe3-Signage for the commercial use shall be limited to (10) square feet. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North MX, Mixed Use District Dwelling, Multifamily South CN, Commercial-Neighborhood Dwelling, two-family and Vacant District East CN, Commercial-Neighborhood Dwelling, two-family District and RM-2, Residential Mixed Density District West CN, Commercial-Neighborhood Retail sales and Dwelling, single District family detached Compliance with the Zoning Ordinance: The amendment to the condition related to the permitted uses will reflect uses listed in the current zoning ordinance rather than the 1987 ordinance. The proposed uses and site would conform to current zoning ordinance regulations. The zoning ordinance does not place any restrictions on the retail sale of alcoholic beverages. 4 Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Morningside/Kenwood/Riverdale Neighborhood Plan emphasize the importance of village centers within neighborhoods. Many of Roanoke's traditional neighborhoods such as this one developed as "villages," with self-contained centers that provided opportunities for people to live, work, shop, play, and interact in a local setting. The Morningside/Kenwood/Riverdale Neighborhood Plan notes a number of existing village centers that provide convenient access to basic goods and services such as convenience stores, drug stores, auto parts stores, hair salons, and grocery stores. A village center is characterized by a mixture of high- intensity uses, neighborhood-oriented retail, office, and residential uses. The plan identifies the intersection of 9`h Street and Buena Vista Boulevard as a small village center. The Belmont-Fallon Neighborhood Plan cites issues with vagrancy, public intoxication, and littering in the neighborhood. The comprehensive plan and neighborhood plans, as well as the zoning pattern, clearly support village center development at this location. However, issues associated with off-premises alcohol sales persist. City Department Comments: Staff consulted with Police Chief Chris Perkins regarding issues in this area. This area is considered by the Police Department to be distressed in terms of criminal activity. He indicated that he would oppose an unrestricted ABC license in this area, but would not oppose an ABC license that prohibited the sale of single container beer and malt liquor and prohibited the sale of fortified wines. In reviewing the initial application, staff recommended that the permitted uses list be amended to correspond to the terms used in the current zoning ordinance. Public Comment Summary: The applicant submitted petitions of support for amending the existing conditions in their amended applications. Multiple people submitted letters of concern regarding the proposed amendment of the existing proffered conditions regarding the sale of alcohol. They expressed concern about: the crime that exists in the area, the lack of need for an additional store selling alcohol, drug paraphernalia being sold at the store, trash from the business, lack of parking, the validity of the petitions 5 of support, the filing of an amended application creating a lack of time to gather needed documentation and raise neighborhood awareness, and postponement of the public hearing. Planning Commission Work Session: Planning Commissioners discussed their general concern about the impact of alcohol sales in the area relating to the existing proffered conditions and questioned the meaning of single serving alcohol product, but no specific comments on the proposed proffered conditions were made. Planning Commission Public Hearing: The President of South East Action Forum clarified that the letter of support from the Forum provided for Amended Application No.1 was a draft letter only that had not been voted upon yet by the Forum and asked it not be included in consideration. Eight people spoke regarding the proposed amendments to the proffered conditions. Five people spoke against the changes, citing concern for any type of alcohol sales in the area, the correlation between alcohol sales and crime, the property management record of the property owner, continued sales of drug paraphernalia, and problems with trash. Three people spoke in favor of the changes, citing their experiences with the store and store owner over the past year, witnessed destruction of drug paraphernalia, responsible sales of current products, improvements made to a previously vacant building, and equality in ability to sell the same products that other stores within the area currently sell. Planning Commissioners discussed the impact of off-premise alcohol sales in the area relating to the existing proffered conditions, discussed the meaning of single container alcohol products, discussed the definitions of various alcoholic beverage types, and reviewed the history of the land use, zoning district, proffered conditions, and neighborhood plan in the area over the past 13 years. The applicant amended their application at the Planning Commission public hearing to more clearly define the prohibition on sales of particular alcoholic beverages. Chad A. Van Hyning, Chair City Planning Commission 6 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 Chris Perkins, Chief of Police Steven J. Talevi, Assistant City Attorney Jasminka Elsayed & Ahmed Elsayed, Epic Stop In, LLC Juan Jimenez, Owner 7 • Department of Planning, Building and Development ROA N O K E Room 166, Noel C.Taylor Municipal Building JAN 1 4 2015 215 Church Avenue,S.W. Roanoke,Virginia 24011 re CITY OF HuarvuKE Click Here Print Phone: (540)853-1730 Fax: (540)853-1230 PLANNING BUILDING& DEVEtOPMENT r Date: 01 - /3 - G Qi5- Submittal Number: flip ended appire'andn #2 El ❑ 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 Address: 1/3 2 'V ' Sfeef, .56-7 /4a2 P e n fir- 5 6 ill/IZ4d3 Official Tax No(s).: 4/30 4-/o Existing Base Zoning: C p ® With Conditions (If multiple zones,please manually enter all districts.) (,� /t/ ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): 3 5c7 SG - 061107 a [�1With Conditions Proposed Requested Zoning: C {�/' ❑ Without Conditions Land Use: Re I cx I• I 5�1 es Name: (kc4n `,,"menC2 Phone Number: 540)52/'zUU�� Address: 6.65 kunt.y �1tir. .5E> £oanpk, ✓A24di3 E-Mail: ntr s Signature: Name: 5p lc 5/op 771 , Zit Phone Number: Soo 3g. 952 Address: //32 'inn J/• ,SG /902 /?nmca/ At, S& E-Mail: c arne)kueiOaoi•awn / . Rcernc*c, !!'/724 013 g� � .3'd 14!/tithed d Applir`nt's gn. ure: ' Name: ,✓` Phone Number: ,(//'A Address: /447 E-Mail: /tf/4 Authorized Agent's Signature: as ROANOKE ' f Completed application form and checklist. F ritten narrative explaining the reason for the request. F Metes and bounds description,if applicable. F iling fee. F Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. 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. F Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F 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. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. 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. F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. F over sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions,if applicable. F Required 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. Epic Stop In, LLC 1132 9a'street, SE Roanoke,VA 24013 540-344-4400 Date: January 13 2015 Planning, Building, and Development Department. City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, Room 364 Roanoke, VA 24011 Re: Amendment of existing proffered conditions on a commercial property. To The Honorable City Council of Roanoke, Planning Commission, City of Roanoke' staff and whom it may concern. Dear Sir or Madam: Enclosed,please find the application of amendment of proffered conditions on a commercial unite at 1132 9 'street, SE Roanoke, VA 24013. We — Epic Stop In, I,I,C — believe in equal opportunity and free enterprise. So, we kindly requesting the honorable members of City Council and Zoning department the approval to amend some of the existing proffered condition on the subject address in order to sell bulk alcoholic beverages - that exclude fortified wine- and to be able to identify our services to customers by reasonable signage and that will keep the small venture running and profitable and will certainly reflect on the community that we belong to. Therefore we the owners of Epic Stop In, LLC pledge to you and the community members to he responsible in sales of alcoholic beverages with returning a portion of the profit to the community in a form of donations and make the store compatible to the character of the neighborhood. I am enclosing the following: • A completed Zoning Amendment Application. • Written narrative explaining the reason for the request. • 300 Support letters signed by the neighborhood members. • Applicable fees are paid in full. RECEIVED Yours truly, JAN 1 4 2015 Epic Stop In, LLC err, Ahmed Elsayed PLANNING uUlLillNG 3 Jasminka Elsayed DEVELOPMENT 540-344-4400 25 August 2014 To/Department of Planning and Development The City of Roanoke. Narrative We Jasminka Elsayed and Ahmed Elsayed-the owners of the Epic Stop In,LLC that is located at 1132 9'" street,SE, Roanoke,VA 24013 (902 Penmar Avenue,SE)are requesting to amend some of the conditions proffered as part of rezoning at the subject address. Epic Stop In,LLC is a small retail sale business that has been in existence and providing retail services to the village center and the neighborhood surrounding it. In November 2013 we submitted an application to get all the conditions proffered removed as part of the rezoning at the subject address and a public hearing was conducted by the planning commission and the city council of Roanoke but our application was denied based on a city of Roanoke staff'report and recommendation as well as other concerns from Individuals and members of the community. After reviewing the respected concerns voiced by the local neighborhood group;the chief of police;the Economic Development Dep.as well as several individual entities,we have initiating positive lines of communication with the concerned which caused us to believe that most of their concerns could be alleviated by amending our previous application with the Roanoke city Zoning Department.After having started to collect Support Survey results,we feel confident that we will be a contributing part of the SE, Roanoke community and therefor;The Epic Stop In, LLC is requesting the approval of amending some of the conditions proffered as part of rezoning at 1132 9u Street,SE/902 Penmar Ave,SE.With a tax map #4130410 Sincerely; Ahmed V.Elsayed RECEIVED RECEIV Jasminka Elsayed JAN 14 2015 DEC 2 014 CI OF ROANOKE en'y RonNuKE NNING BUILDING& PLANNING BUILDING& DEVELOPMENT DEVELOPMENT Proffered Conditions to be Amended The Applicant hereby requests that the following proffered conditions enacted by the Ordinance No.35952-061702 be amended as they pertain to the subject portion of the Official Tax No.41 30410 A)There will be no Expansion to the structure. B)No Alcohol will be sold on the premises. No single container of"beer", as that term is defined in the Virginia Code (1950), as amended, and no single container of "malt beverage", as that term is defined in 27 C.F.R. 7. 10 of the Code of Federal Regulations, will be sold on the premises. Any ABC license pertaining to the premises will prohibit the sale of any fortified wine, single containers of beer, and single containers of malt beverage products. C)No outside telephones will be placed on the property. D) Uses of the property will be limited to the following: ii general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or personal services and other similar uses; and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, on the premises. RECEIVED Office, general or professional JAN 1 4 2015 General service establishment, not otherwise listed Business service establishment, not otherwise listed CITY OF A OKE Personal service establishment, not otherwise listed PLANNING BUILDING& Retail sales establishment, not otherwise listed DEVELOPMENT E}-Signage for the commercial use shall be limited to (10) square feet. Page 1 902 Penmar Ave SE _., . I . .. _ -•••"-'-' t., I _ /• /i _ • _ . . , . •„..... • iPs :.,:•,.fi4. i.,-•:3-.,/ • .." ...' '•:#''.•?•:, .?tf.tp, eNts) :-..0-*tbbi.t--, y , - 36952-051702 t-,t-t: / 4? / ...c- N. ht .t R 2 . : f• .; ,.....0_ 4 i e ia ± 4_p '‘ le ,, • Copyright MI -2013 City of - • • . • m://eis.rnanolrna anukanatob........ ......: -- n • ne. . ...- - • r . The Mom(ngside,Kenwood,and Riverdale areas have been well established since the early I900s.The average age of a home in the area is over 40 years, with more than 25%of the current housing stock being constructed during the 1920s.Compared with the city as a whole,the area has a much greater percent- age of homes built prior to 1940.Architectural styles range from larger,two-story Queen Anne and American Foursquare homes,to smaller examples of Colonial Revival,Bungalow,and Ranch style homes.Most of the new residential develop- ment is small Ranch style houses in the Riverdale neighborhood. Momingside and Kenwood are designated as Rehabilitation Districts.This designation means that the city recognizes that an area is at risk of deteriorat- 1ng and makes properties,and the area in general,subject to anti-blight programs and eligible for rehabilitation incentives. One program,the Rental Inspection Program, requires that residential rental properties in these neighborhoods be inspected every two years before they can be rented. Overall,the population decreased by three percent between the Census 1990 and Census 2000.The area has a slightly older population in comparison to the city.The greatest percentage of difference is in the 40 to 64 age group. Since = ' the number of housing units increased,the population lass can be attributed to fewer people per household.The shift toward smaller households is a citywide shy (and national)trend GE Dl3TR UT 'N: CO -T EN REA A O E .,, rea lip ide An example of housing architecture on 0-17 Years Old 26% 25°/a TayloeAvenue 18-39 Years Old 32% 37% 40-64 Years Old 28% 22% 65 Years and Over 14% 16% 9 Over 20%of the land is vacant.Vacant parcels are dispersed in residential, a - -•y commercial, and industrial areas.Many parcels have steep topography,which limits their development potential.In several cases,vacant land provides a valuable buffer and green space for residential areas. Generally, future land use should be guided by existing land uses. Vision 2001-2020 recommends that neighborhoods function as villages,where there is an opportunity to live, work,play,shop, and interact in a neighborhood setting. C r r Jackson Park is a primary focus for the community. Jackson Park is a 23-acre green space that features Buena Vista Recreation Center-a historic landmark known for its Greek Revival style architecture.The Jackson Park Library and the JacksonMiddle School are resources where residents gather for community events, learning,and recreation. Whether watching a youth softball game at Jackson Park;gathering for a book club at the library branch,or using a treadmill at the Jackson Park Fitness Center,this area is a common destination for the community. • } Jackson Park:the lighted multipurpose p rpose 2.` athletic field is used for baseball/softball " and soccer/football. 1t9 K4tt'ph) .l •, -+C Jackson Park Library Branch:as part of the Roanoke Public Library system,the branch provides convenient access to books and other media materials.it is -— also a community gathering place. 6 I :,,,,ti.i, x- „+a. SId�44 yntwnuO1 Wsod,_, cl V ��'d4 � q ka ri S. de At ay S Y c4 M9d3N a , i, q r ,/r , C DPt' " e. . rt i Qr. .• .4), ‘ Y Y (/ � 4 J , _ ! M rYs w E; g`; i- _.....„‹ — A -0 _ _ ,, � _ of - II , `FY M 5Y%,',rya.J CS i � .3+ F � Existing Land,Use Sliyle6mly em„d,.av , , 7wa�ty �. c7ly senCatiMly �11461:.„y!„;,:,,,.):: f ` ✓ �_. I I1bNIhIMIy , ` hrt#',"_hpWLIMa .yh .Pakjaoy'. \I:Tit` .. -• jI ads, 17goantMM m y \ / / CJ Belmont ," 5 F - l . ai iv '- -7" fey g \ ;, 1 a?,, D \� q p �� G v �., F r �Ftiverand/Wainuii;( �.t \its .... 2 -- -- ;' Future Landt ree J F•1 q} ^9L•:(qdG vOmc-3.mrcmui .« 1 Gi,d„.4,ryP lit UN.,a.Rn:(knr.Y K',, ' ,., d DTI Smpatenaly aStalm.il ✓, " Si vela at^rtv Ga aC''. • 1L.1 .- J' N 1 '4c05 • rwcern�; sue. • �.. ,raT.' . „ ,: I� 1 `\\ W E a 11lYe t An.;el.eF lmaelinml w / I • Cty Mayor Ralph K. Smith Vice Mayor C.Nelson Harris William D. Bestpitch M Rupert Cutler Alfred T.Dowe,Jr. Beverly T.Fitzpatrick, Jr. Linda K Wyatt C'tylvt gt Darlene L.Burnham Pi.. ..,icgCornnrissio r Chairman Robert B.Manetta Vice Chairman Richard A.Rife Gilbert E Butler,Jr. D.Kent Chrisman PaulaPrince Hairy Scholz Fredrick M Williams Planning Building&Develop/net.t Brian Townsend,Director Project Manager Andrew Warren,City Planner Thanks to all the residents and property owners who participated in the community workshops. Special thanks to members of the Southeast Action Forum and the Riverdale Neighborhood Watch for their active development of the plan. cAcvi NANCE- -D IVot IN THE COUNCIL OF THE CITY OF RO1 The 17th day of June, 2002. No. 35952-061702. AN ORDINANCE to amend §36.1-3, Code of amended,and Sheet No. 413,Sectional 1976 Zone Map,City of Roanoke, to rezone certain property within the City, subject to certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS,Sally G.and Matthew T.O'Bryan have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM.I; Residential Multi-Family,Low Density District,to C-2,General Commercial District,subject to certain condition proffered by the applicant; and WHEREAS,the City Planning Commission, which after Sing proper notice to all concerned as required by§36.1-693,Code of the City of Roanoke(1979),as amended,and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17,2002,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 No. 413 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A portion of the property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No.4130410,and designated on Sheet No.413 of the Sectional. 1976 Zone Map, City of Roanoke,be,and is hereby rezoned from RM-1,Residential Multi- Family District, Low Density District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 30, 2002, and that Sheet No. 413 of the 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: City Clerk. H:kORDI NANCESIPREZOPENMARMIC206170I DOC THIRD AMENDED PETITION TO REZONE IN THE COSINCIL OF THE CITY OF ROANOKE.VIRGINIA, IN RE: Rezo •g of a parcel of land containing 0.0324 acre, more or less, designated as a portion of Tax Map No. 4130410, and further described as 902 Penmar Avenue,SE (West Part of Lot 7, Penmar Map), from RM-1, Residential Mniti-Family Low Density District to C-2,General Commercial District,subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Matthew T. O'Bryan and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.0324 acre,more or less,situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM-1, Residential Multi•Family Low Density District A map of the property to be rezoned is attached as Exhibit"1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a General Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the portion of the subject property to be rezoned. Attached as Exhibit"3"are the names,addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property \VOLLYl4YS IUSERS1CHmmqudnenZONMOW13ryan THIRD AMD PETITION doe r/ • to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) There will be no expansion to the structure; (b) No alcohol will be sold on the premises; (c) No outside telephones will be placed on the property; (d) Uses of the property will be limited to the following: (i) general and professional offices, excluding financial institutions; (ii) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses;and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks,or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (e) Signage for the commercial use shall be limited to ten(10) square feet. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \\JOLLY\SYS\USERS\CBaumgardner\ZONING\O'Bryan THIRD AMD PETITION.doc 2 Respectfully submitted this 2 1 day of PtY‘ ,2002. MATTHEW T.O'BRYAN and SALLY G.O'BRYAN BY SlastanD `l l 1 c OF COUNSEL Edward A. Nate, Esq. OSTERHOUDT, P1ULLAMAN. NATT,HELSCHER, YOST,MAXWELL&FERGUSON,P.L.C. P. O.Box 20487 Roanoke,VA 24018-0049 Phone: (540)725-8180 Fax: (540)772-0126 VSB #1104 We agree to . : , . set forth herein: :ryV . aaBR GALL .O'B ' 'AN WOWASYSIUSERS1C8aurnvnMeTVONINOW Yaryan THIRD AMD PETITION doc 1/' V LEGEND OF IHE =SMO NµNEREOti.1 s oa PERFORMED UM®ER W RMPERVISMON; NAT AU- 0 IRON PIN. SCI' IMPROVEMENTS AND MERE ENDENCE OF EASEMENTS O IROIt PIN FOUND ARE WYNN Kr aN, NO ThAT TMERE NC No ENCROACHMENTS BY MMPROVOIEHIS MER FROM 15' ALLEY A IP" PMIEAESEC CR FROM SUBJECT PREMMSEs SCALE: 1 =20 PERFORMED s HEE 1T OF Asv MR S59'05'00" 24.84'.. IPF @ 40.0' BE DISC ED BY SUCH PROPER S WHICH F.E.LIAMAr 4 —.— —0 DEFINED ZONE X UNSHADED. NOT TO SCALE — X _ LINE BEARING DISTANCE FENCE L1 N15'30'00"W 10.60' (ACTUAL) (10.92' DEED) t Q -. o ST thal Q r, GRAVEL: -.4–, oi DRIVE \:\� o���2 b .[� o -- ^ o O..! J'n i.e. A. '. PART OF°� ' 'n PART OF CO 4 v\ h 0.164 ACRE b LOT 7 ,o^. o Qa i2 [c, 0 i, ENCE vi �i 19.6' INS 14.1 Lai ( 14.5 O , 2 STORY N BRICK & N cr.) cif FRAME I in e • A. 0 ►UiiI5.6' o � 111 0/H 9 -4 co of vr IRES ti N IPF @40.0' _ — ����jp� 1 0, --N59'05'00"W 60.79' NOT TO SCALE NOTE PENMAR AVENUE, S.E. S. (50' R/W) 1. OWNERS OF RECORD: WILLIAM S. EMORY, NANCY C. EMORY, R. JACK RICHARDS, SR. & DOROTHY T. RICHARDS 2. LEGAL REFERENCE DEED BOOK 1498, PAGE 1853 3. TAX MAP NUMBER: 4130410 RECFJ& 'ED PHYSICAL IMPROVEMENT SURVEY FOR MATTHEW T. O'BRYAA/ nrr 9 9 'nu - '-' ).itAkti-•"` -4r ''ROS D e.-*.■ ' ' sk. : . airfe;.ils, itt;'; ' &", ; :c., t - "1-- CUP n I PI CT u110 I nige I IllnAle ,, - - ..--"•ge-bc'C"--twi'" e.:t. " “---:4- -, - ': E.: r)o. 7" - " .1"ii 1132 eth Street SE 7;4 '?4- '44- -.2-;:ta ;fl -, ‘7,, 4130303 -- 4".el 'F" (a portion of the property_ tii=7, -4;---,‘(., t -,"tr .% ,,,-Pt , ,_ 4.; ; .--: 4 ::.- 1-e located et 9°2 Penmar Ave 5E1 , ,i-??,3 e II,--t-t m X' ,,,;'f imtdr , ‘ 4,- ..-id,tyr ,r,,,t bearing official Tax Parcel: 4130410) ;' :AIL:* , , '., dii 44,--,',„1 wr,ft,„' tl..., 4' , if , 3 .6%1 )1, ,ty5'‘,---0 '--'4;' :' '-tit:4 .sr,"-:5Y :}Ck' it.i4m*:, .7-# CM Area to be Rezoned ' :, , ' _ t' it a ,-",, - '4• P- i' ''W V Iiiir.-; 4''' a'.. 4444 -4 41 ,-4 0It 44.4 :-4; '4 - Conditional Zoning ''' ( .....a 17,:,.; ,, Zoning 1 ,3)1 .'-',. AIN- ,e1/4"/ RA (Residential-Agriculture) R-12 (Res.Single-Family) rai tr).rn'r'‘^li .4 4:tt":": :W5‘ttZ. 1 SIV434;:'' *pa'. f.ti,v LP, '', il R-7 (Res.Single-Family) , , ,i„,,..-i - ' ' dyie R-5 (Res.Single-Family) , i‘i '', * n 0 't'Z'' i R-3 mat Single-FamlY) - 'r #4,s, „s3 1-8 i•eiciiiii- ° r 4e.•. .. L,e , f ' -,--• i ' , ••••#, ,- tat -,,“ i //I RM-1 (Res.Mixed Density) al Tr. i nr < - '.1r-‘, --' _ ,a Ri(1)0,444 r o o e RM-2 (Res.Mixed Density) -.1- e" 4, iercii.,47 tei< < .., 44■1111141%,,c,,,, i,, RMF (Res.Multi-Family) /4".•••4# 44, /94' ,. s i CN (Commercial-Neigh) .••••••••• , , . w9 ,44':•':..••••••••,te/ °•••••s.... ----I co (commercial-Genera° •........ 0 t.t,••• --A 1 CLS (Commercial-Large Site) co b. o ___ 1-1 (Light Industrial) i , I ,g i A , t, Ele 1-2 (Heavy Industrial) ,i, se 0%* , i Bm, D (Downtown) ‘st•i..1%\ _ i .$,,e, al NDC (Mixed Use) ti,d - . IN (Institutional) JfIg 0 464. ...- - ROS (Rea&Open Space) 144 - F itiZIO AD (Airmirt Dev) , - ro MXPUD (Mixed Use Planned Unit Dev) ,, n d/1 INPUD (Institutional Planned Unit Dev) .it, ii=1 IPUD (Industrial Planned Unit Dew) ‘,..," e eti UF (Urban Flex) .'IN, • E 3- - 0 25 50 Feet , ry ..-07 , i I I s AFFIDAVIT APPLICANT: Epic Stop Inc LOCATION: 902 Penmar Avenue, SE REQUEST: Amend proffers COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of December, 2014, notices of a public hearing to be held on the 12th day of January, 2015 on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 4130408 4130409 4130410 BROOKS ALPHONSO L N/A JIMENEZ JUAN 912 PENMAR AVE SE PO BOX 8224 665 MURRAY AVE SE ROANOKE VA 24013 ROANOKE VA 24014 ROANOKE VA 24013 4130503 4140206 4140207 CITY OF ROANOKE CINTRON EDWIN DAMIAN MAXIMILANO LORENZO PO BOX 1451 1123 9TH ST SE 1127 9TH ST SE ROANOKE VA 24007 ROANOKE VA 24013 ROANOKE VA 24013 4140250 4140301 4140501 CADOVA INC CUNDIFF MYRTLE D LYNCH PATRICK E 1129 NINTH ST SE PO BOX 7369 263 ISLAND GREEN RD ROANOKE VA 24013 ROANOKE VA 24019 DALEVILLE VA 24083 Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of December, 2014 Notary Public The Roanoke Times Account Number Roanoke,Virginia 8011499 Affidavit of Publication Dais CITY OF ROANOKE-PDV RECEIVED January 06,2015 Ann Tina M.Car 215 CHURCH AVE JAN - 8 2015 ROOM 166 ROANOIaE,VA 24011 CITY OF ROANOKE PLANNING BUILDING 5 DEVELOPMENT Dale Category Descnpeon Ad Size Total Cost 01/1272015 Munlopsl Notices PUBLIC HEARING NOTICE Al public hearings advertised hei 1 x 144 L 1,379.28 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: 12/30.01,0612015 The First Insertion being given... 12/30/2014 Newspaper reference: 0000115256 Sworn to and subscribed before me this Tuesday,January 5,2015 • Ai• Al r ! i ILII ALA Note• .ublic Alp :filling Rep; entative ‘00,1111,0, State of Virginia $t'- NOTARY'.% PURUC • C City/County of Roanoke `' 1 C * REG, 3 2s 9 - My Commission expires r ' R,VIVI 3)12( )!5 _o AR' 3Mf 5 p ¢ _ 2 r RS Lnv'Cr ) yf„. / h {'111v.` THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU , m, includig the incidental repair and assembly of merchandise, goods or products to be sod on the premises PUBLIC HEARING NOTICE profror proposed amendments the sale of single serving alcohol products on the premises, remove the restriction NI public hearings advertised herein regarding commercial signage, and will be held In the City Council limit the use of the property to Office. Chamber,fourth Boor,Room ISO,Noel general or professional; General C. Taylor Municipal Building. 215 service estabhsblnent not otherwise angels Avenue. S.W. Roanoke. listed;Business service establishment Virginia. MI applications are available not otherwise listed;Personal service for review it the Planning.Building and establishment not otherwise listed; Church rent ue. Room loa, lee. ootherwiiseBlisted. establishment.ing the Church Avenue. S.W. Rwmke, Virginia. properly bo wa remaln Aper tidal Neighborloed District(CN'k permitting Any person with a disability regnirirg these land use categories without the any special accommodation to attend proffered conditions: residential: or participate in the hearings should accommodations and group living: contact Planning. Building and commercial; Industrial; assembly and Development at(5401 853-1731 at least entertainment;public,institutional and five days Prior to the scheduled util community and accessory:hearing. with a maximum density of One The City at Raeaoka Plat' dwelling unit per 1.800 square feet of CommIrlon will hold public hearings lot area and a maximum floor area on January 72.2015.at 130 pm,or as rate Of 5.0. The comprehensive Pith soon as the maters may be heard,to designates the property for village consider these applications: center use. Application from Faisal Khan.Manager. Tina M.Carr,Secretary. representing Fifth 8 Church ILC, City Planning Commissica requesting that the westerly porton of Camel will hold public heariags the alley running between 4th Street. City S.W.,and 5th Street,S.W..In the block on the aforesaid applications on between Campbell Avenue.S.W.and January 20.2015,at 700 p.m,or as Church Avenue, S.W.. approximately soon as the mutters may be heard 143 feet long and adjoined on the north by Official Tax Map Nos.1011201 and Stephanie It MOOR Reynolds.MMC, 1011202,and on the south by Official City Clerk Tax Map No.1011206.be permanently vacated,discontinued,and dosed and The City of Roanoke bard of Zonis toting that the western terminus of the Appeals will hold peek hearings on portion to be closed Is 5th Street and January 14, 2015.at 1A0 pm.or as the eastern terminus of the portion to soon as the matter may be heard to be closed U an extension of the consider these applications: easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the Application filed by Stephanie B.Ward northerly boundary of Official Tax Map for property located at 1801 Patterson No. 1011206, as shown on Exhibit 1 Avenue,S.W,bearing Official Tax No. attached to the Original Ap licaton. 1312914.zoned MX Mixed Use District, for a special exception pursuant to Application from Epic Stop bG uC.to Section 363315,Zoning Code of the amend conditions proffered as part of City of Roanoke(1979),as amended to a rezoning at 1132 9th Street S.E.(also establish a group care facility. know* as 902 Penman Avenue. SE), congregate home.elderly. bearing Official Tax No. 1130614 previously accepted by City Council by Tina IL Carr Secretary. Ordnance 3952.0617W. The City Board of Lining Appeals application Is to amend conditions on the western comer portico of the (115256) property. such conditions prohibiting the sale of alcohol on the premises. limiting commercial signage to ten(Id square feet and uniting uses of the property o:general and professional offices,excluding financial Institutions; general service eaeriror primarily engaged in the repair maintenance of goods or Items except automobiles. trucks or construction equipment and includird the provision of business and personal services and other similar uses: and general retail esablislnents primarily engaged in the retail sale or rental of merchandise, goods,or products except automobiles trucks.or construction equltment,and PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Nod 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 January 12, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Faisal Khan, Manager, representing Fifth & Church LLC,requesting that the westerly portion of the alley running between 4th Street, S.W., and 5th Street, S.W., in the block between Campbell Avenue, S.W., and Church Avenue, S.W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202, and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued, and closed, and noting that the western terminus of the portion to be closed is 5th Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application. Application from Epic Stop In, LLC, to amend conditions proffered as part of a rezoning at 1132 9th Street, S.E. (also known as 902 Penmar Avenue, S.E.), bearing Official Tax No. 4130410, previously accepted by City Council by Ordinance 35952-061702. The application is to amend conditions on the western corner portion of the property, such conditions prohibiting the sale of alcohol on the premises, limiting commercial signage to ten (10) square feet, and limiting uses of the property to: general and professional offices, excluding financial institutions; general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. The proposed amendments to the proffered conditions prohibit the sale of single serving alcohol products on the premises, remove the restriction regarding commercial signage, and limit the use of the property to Office, general or professional; General service establishment, not otherwise listed; Business service establishment, not otherwise listed; Personal service establishment, not otherwise listed; and Retail sales establishment, not otherwise listed. The zoning of the property will remain Commercial- Neighborhood District (CN), permitting these land use categories without the proffered conditions: residential; accommodations and group living; commercial; industrial; 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 and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on January 20, 2015, at 7:00 p.m., or as soon as the matters maybe heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on January 14, 2015, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by Stephanie B. Ward for property located at 1801 Patterson Avenue, S.W., bearing Official Tax No. 1312914, zoned MX, Mixed Use District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a group care facility, congregate home, elderly. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on December 30, 2014, and January 6, 2015. Please bill and send affidavit of publication to: Tina M. Can Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853-1330 tina.carr@roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 r 1 ' Department of Planning,Building and Development ROA N O K E Room 166,Noel C.Taylor Municipal Building DEC 2 2 2014 215 Church Avenue,S.W. Roanoke,Virginia 24011 CITY oF Phone: (540)853-1730 Fax: (540)853-1230 PLANNING BUILDING& nn/ElllPIA6uT Date: / 1. .._ 1 � 2.2 1 020114 Submittal Number: Aryl eAdel- appIi acr 4 #n */ U ❑ 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 ry Address: //,32 `7 5iiet" , S 04/4014--, \I A — 90l ?evmor Age, 2413 Official Tax No(s).: f—//3O qio Existing Base Zoning: J C a With Conditions (If multiple zones,please manually enter all districts.) u ❑Without Conditions Ordinance No(s).for Existing Conditions(If applicable): r 3561 .2. - owe/ 1 ❑ With Conditions Requested zoning: C ProposedC ❑ Without Conditions Land Use: Re v '�'e-5 Name: JUAN -31 MEAT El— n Phone Number. 1910 52 O 8 a Address: LAS /`4uct., At,E. SE _ l�os+r.tk ��(( Y I I.A z�fil3 E-Marl: Properly YW �r. r� • Name: R7 Cp 1 C stop D M,i-L C 1 Phone Number. r °—67'4- r�BO / Ilk 51°-632- 9 y Address: /1 2 f f. S qoa'-,,mar Fe time)!�d y e E-Mail: /1 �!n Q4L.c.+ r • ' • oQmolec, y!'' 2 /012 r y 4p11 .n% ignatur:: Lull 67A -7-e—r-'/ Name: ( r A f Phone Number. Y v r—, t//1�--1 Address: E-Mail: r Authorized Agent's Signature: (` Arai ROANOKE F Completed application form and checklist F Written narrative explaining the reason for the request ✓ Metes and bounds description,If applicable. ✓ Fing fee. ✓ Concept plan meeting the Application Requirements of item 12(c)'in Zon ing Amendment Procedures. ✓ 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. F Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F 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, r if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. ,.. r Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordnance. F Copy of previously adopted Ordinance. ran _), _.._ .. .....:. . ... . k._ ., . , Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. r Cover sheet. F Traffic impact analysis. ✓ Concept plan. ✓ Proffered conditions,if applicable. ✓ Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov/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. Epic Stop In,LLC 1132 0'street,SE Roanoke,VA 24013 540-344-4400 Date: December 22 2014 Planning, Building,and Development Department. City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue,Room 364 Roanoke, VA 24011 Re: Amendment of existing proffered conditions on a commercial property. To The Honorable City Council of Roanoke,Planning Commission, City of Roanoke' staff and whom it may concern. Dear Sir or Madam: Enclosed please find the application of amendment of proffered conditions on a commercial unite at 1132 9 street,SE Roanoke,VA 24013. We — Epic Stop In, LLC — believe in equal opportunity and free enterprise. So, we kindly requesting the honorable members of City Council and Zoning department the approval to amend some of the existing proffered condition on the subject address in order to sell bulk alcoholic beverages - that exclude fortified wine- and to be able to identify our services to customers by reasonable signage and that will keep the small venture running and profitable and will certainly reflect on the community that we belong to. Therefore we the owners of Epic Stop In, LLC pledge to you and the community members to be responsible in sales of alcoholic beverages with returning a portion of the profit to the community in a form of donations and make the store compatible to the character of the neighborhood. I am enclosing the following: • A completed Zoning Amendment Application. • Written narrative explaining the reason for the request. • to Support Letter from South East Action Forum. • 157 Support letters signed by the neighborhood members. • Applicable fees are paid in full. Yours truly, DEC 2 2 cur4 Epic Stop In, LLC CITY OF ROANOKE Ahmed Elsayed PLANNING BUILDING b Jasminka Elsayed DEVELOPMENT 540-344-4400 25 August 2014 To/Department of Planning and Development The City of Roanoke. Narrative We Jasminka Elsayed and Ahmed Elsayed-the owners of the Epic Stop In,LL.0 that is located at 1132 9th street,SE,Roanoke,VA 24013(902 Penmar Avenue,SE)are requesting to amend some of the conditions proffered as part of rezoning at the subject address. Epic Stop In,LLC is a small retail sale business that has been in existence and providing retail services to the village center and the neighborhood surrounding it. In November 2013 we submitted an application to get all the conditions proffered removed as part of the rezoning at the subject address and a public hearing was conducted by the planning commission and the city council of Roanoke but our application was denied based on a city of Roanoke staff report and recommendation as well as other concerns from individuals and members of the community. After reviewing the respected concerns voiced by the local neighborhood group;the chief of police;the Economic Development Dep.as well as several individual entities,we have initiating positive lines of communication with the concerned which caused us to believe that most of their concerns could be alleviated by amending our previous application with the Roanoke city Zoning Department.After having started to collect Support Survey results,we feel confident that we will be a contributing part of the SE, Roanoke community and therefor;The Epic Stop In,LLC is requesting the approval of amending some of the conditions proffered as part of rezoning at 1132 9th Street,SE/902 Penmar Ave,SE.With a tax map #4130410 Sincerely; Ahmed Y.Elsayed RECEIVED Jasminka Eisayed DEC 2 2 2014 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Proffered Conditions to be Amended The Applicant hereby requests that the following proffered conditions enacted by the Ordinance No.35952-061702 be amended as they pertain to the subject portion of the Official Tax No.4130410 A)There will be no Expansion to the structure. B) . No single serving alcohol product will be sold on the premises, and any ABC license pertaining to the premises will include a provision with such a restriction. C)No outside telephones will be placed on the property. D) Uses of the property will be limited to the following: • . . . . . . . . . . . • . • • oh-the-premises: Office, general or professional General service establishment, not otherwise listed Business service establishment, not otherwise listed Personal service establishment, not otherwise listed Retail sales establishment, not otherwise listed . . RECEIVED DEC 2 2 2014 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Page 1 902 Penmar Ave SE • r4 35952-0617D2 { �f '4, - at. 4 • F^A r cupright 2901 -2013 City of • e ., CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (541))853-2541 Fax: (540)853-1145 E-mail: clerk(a)ro:mokeva.8ov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 14, 2015 CECELIA T.WEBB,CMC Assistant City Clerk Aimed and Jasminka Elsayed Epic Stop In, LLC 1132 9th Street, S. E. Roanoke, Virginia 24013 Dear Mr. and Mrs. Elsayed: 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 Tuesday, January 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Epic Stop In, LLC, to amend proffered conditions as part of a rezoning at 1132 9th Street, S. E. (also known as 902 Penmar Avenue, S. E.), designed as Official Tax Map No. 4130410, and previously accepted by City Council by Ordinance No. 35952-061702. At its meeting held on Monday, January 12, 2015, the City Planning recommended approval of the rezoning request on a 6— 1 vote. If you would like a copy of the Planning Commission report, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the January 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, iati104,44_,- nit Stephanie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 '44- ,,,,'..:..e' .?+ Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk @roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 14, 2015 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 Tuesday, January 20, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Epic Stop In, LLC, to amend proffered conditions as part of a rezoning at 1132 9th Street, S. E. (also known as 902 Penmar Avenue, S. E.), designed as Official Tax Map No. 4130410, and previously accepted by City Council by Ordinance No. 35952-061702. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions or desire a copy of the report with regard to the matter, please contact the Department of Planning, Building and Development at 540-853-1730. Should you have questions regarding the public hearing before the Council, please do not hesitate to contact the City Clerk's Office. Sinc rely, L(LIL ' , tephanie M. Moon Re eQQ;)- olds,, C � City Clerk " CITY OF ROANOKE ,� ,' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 c. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk January 14, 2015 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 Tuesday, January 20, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Fifth &Church, LLC, that the westerly portion of the alley between 4t'Street and 5"' Street, S. W., located between Campbell Avenue and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed.. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions or desire a copy of the report with regard to the matter, please contact the Department of Planning, Building and Development at 540-853-1730. Should you have questions regarding the public hearing before the Council, please do not hesitate to contact the City Clerk's Office. Sincerely, \\�� '' L._V\ Stephanie M. Moon Reynolds, MM City Clerk Adjoining Property Owners January 14, 2015 Page 2 pc: Alphonso L. Brooks, 912 Penmar Avenue, S. E., Roanoke, Virginia 24013 Property Owner, P. O. Box 8224, Roanoke, Virginia 24014 Jimeniz Juan, 665 Murray Avenue, S. E., Roanoke, Virginia 24013 Edwin Cintron, 1123 9th Street S. E., Roanoke, Virginia 24013 Maximilano Lorenzo Damian, 1127 9`h Street, S. E., Roanoke, Virginia 24013 Cadova, Inc., 1129 9`h Street, S. E., Roanoke, Virginia 24013 Myrtle D. Cundiff, P. O. Box 7369, Roanoke, Virginia 24019 Patrick E. Lynch, 2631 Island Green Road, Daleville, Virginia 24083 Jay McCanless, 1336 Buena Vista Boulevard, S. E., Roanoke, Virginia 24013 Terry Huxhold, 1125 16th Street, S. E., Roanoke, Virginia 24013 Marie Muddiman, 1210 Penmar Avenue, S. E., Roanoke, Virginia 24013 Mark Powell, 655 Highland Avenue, S. E., Roanoke, Virginia 24013 Roy Bedwell, 1219 Penmar Avenue, S. E., Roanoke, Virginia 24013 Duane Howard, 1221 6th Street, S. E., Roanoke, Virginia 24013 Alvin Davis, 1233 Buena Vista Boulevard, S. E., Roanoke, Virginia 24013 Scott Horchler, 1321 Morningside Street, S. E., Roanoke, Virginia 24013 lir Fw: Epic Stop In Candace Martin Tina Can 01/12201507:25 AM Katharine Gray Candace Martln/Employees/CIty_of_Roanoke Tina Carr/Employees/City of_Roanoke©City_of_Roanoke, Katharine GraylEmployees/City of Roanoke. City -rf Roanoke Candace Martin,Administrative Assistant, Ill Planning, Building 8 Development Room 166, Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,VA 24011 Candace.MartIn@roanokeva.gov (540)853-1146 (540)853-1230 FAX —Forwarded by Candace Martin/Employees/C ty_of_Roanoke on 01/12/2015 07:26 AM— From: ALVIN DAVIS<alvindavls82©yahoo,com> To: "PlannIng@roanokeva.gov"<Planning@roanokeva.gov>,"stephanie.moonlproanokeva.gov" <stephanie.moon(Hoanokeva.gov>, Cc "Starcityflyer@aol,conf<Starrityflyer@aal.com> Date: 01/10201512:42 PM Subject: Epic Stop In To the Planning Commission Members and City Council, My name is Alvin Davis. My wife and I live at 1233 Buena Vista Blvd. This is just houses directly down the street from the Epic store. We have lived here for 50 years and seen this area of S.E. decline becoming drug infested and alcohol related problems. I belong to and go to all the neighborhood meetings and groups. The now very disorganized Southeast Action Forum that last year was well organized and stood before you opposing the lifting of these conditions to allow them to sell alcohol. I belong to and attend the Starview Heights Neighborhood Watch and the Belmont Neighborhood Association and the group of People Duane Howard has lead called Southeast Neighbors United. You supported all these groups and people In doing the right thing last year in saying no. How could you vote otherwise this time when the operator has shown and proven, no matter what he tells you that the truth is he has not been a good neighbor from the time he's opend his doors. I drive by this location two or three times a day, everyday that I leave the house. There has always been an ugly trash problem beside the building, We constantly have had to complain to the city about this. He never did anything about It until he decided to apply to you again and has only just now bought a small dumpster. We made the argument before you last year about the lack of parking. It Is not unusual to see vehicles parked all over the side walk, forcing people to have to walk out In busy 9th St. traffic to get around. He put an ice machine out side on the sidewalk, I don't know if this is allowed? Jay McCanless (a board member of the Southeast Action Forum) who lives further down the street from me has become good friends with the store and helps them out. I attended the SEAF Board meeting this past Thursday night. He lied to everyone when he told everyone the store got rid of the drug pipes a long time before Christmas. Three Board members have left the SEAF leaving only two of them left., Jay McCanless and Terry Huxhold. They do not represent the majority of good responsible leadership we have in the neighborhood who are opposed on this issue. Duane Howard told the meeting of his experience of sending someone in the store two days after Christmas who was able to buy a Meth pipe. Duane has now reported that the Police Chief Perkins has confirmed this by sending in an undercover cop who was able to buy a crack pipe. If you vote to let this store sell alcohol, you would be sending the wrong message for all the years and effort to better the neighborhood. This owner does not understand that different stores can have different codes that apply differently. How can you trust him to sell alcohol when he has demostrated over the time he's been open that he does not care about our neighborhood but just making money anyway he can. Please send the right message of support and vote no. Thank you for your time and support. Alvin Davis 1233 Buena Vista Blvd. S.E. Roanoke, Virginia 24012 RECEIVED JAN 12 2015 January 10,2015 CITY OF ROANOKE PLANNING BUILDING& To whom it may concern: DEVELOPMENT I saw the story on T.V. Channel 7 with Duane Howard talking about the Epic Store on 9th Street SE. I have lived here in S.E. my entire life,over 80 plus years. I agree and support the efforts of Mr. Howard and find it very troubling that this business wants to sell alcohol and sells these pipes that everyone knows there only purpose Is for illegal drugs. This tells me this store should not be trusted to sell alcohol since it is so close to schools,our park and library. I mad where we had a Meth house raided just blocks from where I live. I'm troubled and concerned,and I hope the city will do the right thing to help makes our neighborhood a good safe place for the young people to want to buy homes and live here. Sincerely, Ms. A. L. Kibler 613 Montrose Avenue, S.E. Roanoke, Virginia 24013 Fw: Hearing on Epic Store Tina Carr to: Stephanie Moon 01/09/2015 04:44 PM Cc: Katharine Gray, Ian Shaw,Chris Chittum History: This message has been replied to and forwarded. Ms. Moon, The email from Ms. Lucas below has been forwarded to the Planning Commissioners per her request. I am sending to you because Ms. Lucas has also addressed her email to City Council members. Please let me know if you have any questions or need any additional details. Thank you, Tina Carr Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853-1330 tina.carr(a roanokeva.gov Forwarded by Tina Carr/Employees/City_of_Roanoke on 01/09/2015 04:41 PM From: Tina Carr/Employees/City_of_Roanoke To: mkfutrell @yahoo.com, kithale @mkbrealtors.com, LJKAIA @cox.net, angela.penn @tapintohope.org, russell @gentrylocke.com,chad.vanhyning @gmail.com, jes mith @vi rg in iaweste rn.ed u, Cc: Katharine Gray/Employees/City_of_Roanoke @City_of_Roanoke, Ian Shaw/Employees/City_of_Roanoke @City_of Roanoke,Chris Chittum/Employees/City of_R oa no ke @C ity_of_Roa no ke Date: 01/09/2015 04:14 PM Subject: Fw: Hearing on Epic Store Commissioners, Email below forwarded to you per Ms. Lucas' request. Please let me know if you have any questions or require any additional details. Thank you, Tina. Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke 540/853-1330 tina.carr@roanokeva.gov ----Forwarded by Tina Carr/Employees/City_of_Roanoke on 01/09/2015 04:05 PM From: Sherry Lucas<sdlucas2 @gmail.com> To: tina.carr @roanokeva.gov, Katharine.gray @roanokeva.gov, chris.chittum @roanokeva.gov, Cc: david.bowers @roanokeva.gov,david.trinkle @roanokeva.gov,bill.bestpitch @roanokeva.gov, ray.ferris @roanokeva.gov,sherman.lea @roanokeva.gov,anita.price @roanokeva.gov, court.rosen@roanokeva.gov Date: 01/08/2015 12:59 PM Subject: Hearing on Epic Store Re: Epic convenience store hearing on January 12 January 8, 2015 Dear Planning Commission and Roanoke City Council Members: I write this to you respectfully hoping you will take into consideration what I have to say and my feelings regarding Epic convenience stores re-applying for their ABC license after being turned down by council for it in 2013. My husband and I have owned a home in Southeast Roanoke since 1997. We are not paid members of the Southeast Action Forum. However, I have been heavily involved in participating in issues and resolutions with SEAF for years. Paid members and I as well as other neighbors were not informed in any way via the SEAF Page, email, in person, etc, of Epic store's new intentions or of the hearing set for them on Monday, January 12. In fact, we were all quite shocked to hear on WDBJ7 news last night and the SE Discussion Page that Epic has gotten 250 signatures supporting them selling alcohol and SEAF knew about it. Several citizens commented on the page, "they live behind the store and home all day but nobody knocked on their door." Their comments were abruptly deleted by someone shortly after posting. When I voiced my concern as to why nobody was informed by the President or VP of Epic's intentions or that SEAF now supported them selling alcohol on the SE Discussion page last night, I received a harsh comment in a defensive manner from SEAF VP, Keith Clinton. Within a few seconds he private messaged me this is the conversation... Keith Clinton: Sherry, your name is not on my pd membership rolls? Did I miss something??? Sherry Lucas: I own a house here, I am a SE citizen and pay city taxes. I don't need to be on your membership roll to have a say and don't appreciate your smart*** comments on the posts Keith Clinton: No, but then you speak as a citizen of Southeast. We cannot have lied or misled you if your not a member of the group. Sherry Lucas: I participate in the group that's reason enough It's very disturbing as a southeast citizen who wants to be involved in improving the neighborhood to be basically made to feel like I am not a part of a solution because I am not on the member roll. My importance to them is null and void. In that sense, I bet only a few of the 250 petition signatures are members. Therefore, going by Keith's procedures, they are just a citizen, their say, signatures and votes are not important. So, why are they even being considered? It seems from his message; it's also o.k. to lie or mislead people who are not members of the group! Therefore, I'm suspicious of what was told to citizens to get their signatures since their"own members"of the SEAF group were betrayed, deceived and kept in the dark over SEAF's support of Epic. The reasons I do not approve of Epic selling alcohol are... 1. Proffers were put in place because the store is in between 2 schools and a park; this makes it very easy for a kid to send someone in there 21 or older to purchase alcohol for them. There are vagrants all over that area who will be happy to do it for them for a dollar or a drink and the park provides an easy place to hide out and drink it. 2. The store sells drug paraphernalia. Pipes, rolling papers, and glass meth pipes behind the counter. Meth is on the rise and a huge problem. There has been meth labs busted by Roanoke City Police recently. In July 2014- this one was in SE Roanoke; A Roanoke man was arrested after a meth lab was discovered inside a southeast Roanoke house. Roanoke police discovered what they say was an active meth lab on Saturday at 3:20 p.m. in a house in the 600 block of Morrill Avenue. The man who lived at the house was arrested. Morrill Ave is 1 minute from Epic. The man may have been arrested but it's a good chance his meth friends probably reside close by and are still actively doing it. Does Roanoke City really want to encourage this kind of thing? 3. The owner of Epic apparently has no regard nor respect for the reason for the proffers or the feelings of SE residents who do not want another convenience store selling alcohol in the area. It is already overly saturated with them now. He was clearly told why people opposed in 2013. Instead of understanding, his reaction was making threats! He has apparently manipulated SEAF board members into believing he only means well for the community now and sadly they have allowed themselves to be persuaded. How is selling alcohol a well-meaning asset for SE? In conclusion, approving the sale of alcohol at Epic is a negative not a positive for the SE Community. The way the SEAF Board went about their support for Epic was unethical and deceitful to the members and entire SE Community. They are not a team player! The mere fact they kept their support a secret tells me they are not fully proud of it either. For some reason they want to appease the Epic owner even if that means turning their backs on the very community and group they are supposed to support and work towards improving. They should hang their heads in shame for their actions. Respectfully, SIerry 12 Lucas 1202 14th St SE Roanoke, VA 24013 Shcucas2 @,gmail.com Fw: Epic Stop In f Tina Carr to: Stephanie Moon 01/09/2015 04:45 PM Cc: Katharine Gray, Ian Shaw,Chris Chittum History: This message has been replied to and forwarded. Ms. Moon, The email from Ms. Crawford below has been forwarded to the Planning Commissioners per her request. I am sending to you because Ms. Crawford has also addressed her email to City Council members. Please let me know if you have any questions or need any additional details. Thank you, Tina Carr Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853-1330 ti na.carr(o)roanokeva.gov Forwarded by Tina Carr/Employees/City_of_Roanoke on 01/09/2015 04:45 PM From: Tina Carr/Employees/City_of Roanoke To: mkfutrell @yahoo.com, kithale @mkbrealtors.com, LJKAIA @cox.net, angela.penn @tapintohope.org, russell @gentrylocke.com,chad.vanhyning @gmail.com, jes m ith @vi rg in iawestern.ed u, Cc: Katharine Gray/Employees/City_of_Roanoke @City_of Roanoke, Ian Shaw/Employees/City_of_Roanoke @City_of Roanoke,Chris C h ittu m/Employees/City_of_Roa noke @City_of_Roa no ke Date: 01/09/2015 04:34 PM Subject: Fw: Epic Stop In Commissioners, Email below forwarded to you per Ms. Crawford's request. Please let me know if you have any questions or require any additional details. Thank you, Tina. Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke 540/853-1330 tina.carrt@roanokeva.00v Forwarded by Tina Carr/Employees/City_of_Roanoke on 01/09/2015 04:33 PM From: carrie crawford <carriecrawford1971 @gmail.com> To: tina.carr @roanokeva.gov, Date: 01/09/2015 01:14 PM Subject: Epic Stop In Dear members of the Roanoke City Planning Commission, and members of Roanoke City Council, It has come to my attention that Epic Stop In, located on the corner of 9th Street and Penmar in SE Roanoke, is once again going to try to have proffers lifted and apply for an ABC license. According to a WDBJ7 news report, the owners have a petition with 250 signatures showing support of their application. These signatures were allegedly gathered by "knocking on doors" of neighborhoods surrounding the store's location. While I cannot speak for EVERY resident in these neighborhoods, I do have friends who live on Morningside, Penmar, Morrill, Montrose, Morehead, 6th St, 7th St, 8th St, and 9th St, and not one single person ever had anyone "knock on their door" with a petition regarding the store owner's wishes to sell alcohol. My husband and I have owned a home on 7th Street since 2007. I was home-bound for 6 months until the first week of November due to a health issue, and no one ever knocked on our door regarding this situation. It makes me question the validity of their claims that these signatures came from people in the neighborhoods that are directly impacted by their desire to sell alcohol. If they had knocked on my door, I would have expressed my opposition to their application. There are a number of reasons for this: I. 9th Street is already saturated with stores that sell alcohol. There are 5 locations that already sell it from Buena Vista Blvd to Tazewell Ave. We do not need or want another. 2. The close proximity of Epic to 2 schools, a public library, and a public park. As a sales rep for all of the convenience stores in the area, I encounter aggressive vagrants (guests of the Rescue Mission who have been kicked out for the day) at every store in the area. On several occasions, they have tried to corner me out of sight of security cameras and bully me into giving them cash. They have also tried to urinate on my vehicle when I refuse to give in to their demands. It has forced me to start carrying pepper spray as a line of defense. Imagine if one of these intoxicated vagrants did the same to a child who is simply trying to walk home from school, or have fun at a park. 3. The homeless "encampments" that seem to pop up around stores close to wooded areas (ie. PnN on 4th and Elm). 4. The owner obviously has no regard for the community. We had a very large, very vocal opposition to the proffers being lifted when he first opened his store. In spite of a letter that came from the "Southeast Action Forum Board", I have not found any person who has changed their mind about this subject. The letter from the SEAF Board was submitted without the knowledge or approval of the members of the Forum, including myself. We learned of it through the story on WDBJ7. 5. Crime that goes along with alcohol and drugs. In recent months, we have seen 2 "meth houses" in the area shut down, and the week of Christmas, we had a murder, a stabbing, and an arson (which resulted in a death). Every one of these crimes happened less than a mile from Epic Stop In. Enough is enough! I do not want Epic Stop In to be an epic failure. I don't think any of my friends and neighbors want that, either. What we DO want is a business owner who is respectful of the wishes of the community. If the sale of alcohol is what is going to make or break his business, then we have a VERY serious problem in SE that needs to be addressed. Maybe he could offer unique items or services that aren't offered in every other convenience store in the area in order to make his business more successful. Please support me and my neighbors in our opposition of the sale of alcohol at Epic Stop In. Thank you for your time. Sincerely, Carrie Crawford 1521 7th Street SE Roanoke, VA 24013 540-793-1241 Page 1 of 2 Fwd: Epic Market Hearing, January 20th, 7 PM is Duane Howard if to: Stephanie.moon 01/15/2015 02:43 PM Hide Details From: Duane Howard <starcityflyer @aol.com> To: Stephanie.moon @roanokeva.gov, F Y I for City records: Original Message From: Duane Howard <starcityflyer @aol.com> To: dabowers<dabowers @verizon.net>; dbtrinkle <dbtrinkle @cox.net>; courtrosen <courtrosen @gmail.com>; Sherman.lea <Sherman.lea @roanokeva.gov>; ray.ferris <ray.ferris @roanokeva.gov>; ray.ferris <ray.ferris @roanokeva.gov>; Anita.Price <Anita.Price @RoanokeVa.gov> Cc: Starcityflyer<Starcityflyer @aol.com> Sent: Thu, Jan 15, 2015 2:42 pm Subject: Epic Market Hearing, January 20th, 7 PM January 15, 2015 Dear Mayor and Members of City Council: I'm recently back from the city clerk's office this morning, turning in my package of documentations and pictures concerning the Epic Stop In hearing coming before you Tuesday evening in the 7 PM session. Ms. Moon in informed me there were almost 300 hundred signatures turned in supporting the Epic Store. Hard to imagine you will have time to review almost three hundred pages verifying their validity. I believe a Ms. Sherry Lucas, sent you a letter question the integrity of these signatures. I have reviewed a great number of them and found many without proper names, address, or they are out of the affected area, even out of the city. Most important above anything else, I hope you will pause a second or two and consider how many people would not have signed to support if they knew the store was selling crack and meth pipes. Think of the 8 month old child who just died from around the corner from me who's mother was high on drugs at the time. Since I appeared on WDBJ 7 last week on this issue, strangers have stopped me telling me of their concerns of the illegal goings on within the store. One man told me he knew personally of someone selling Adam (the proprietor) a $200. Food stamp card for $100 in cash that Adams then goes to Walmart to purchase goods for his store, and it's logical to believe the person who got $100 cash for his $200 food stamp card is using the money for drugs or alcohol. A man stopped me in Hardees, having seen me on T.V. He's in the Tabitha program at the Rescue Mission. Says that Adam takes food stamp card for the purchase of cigarettes, charges them more and ringing it up as food. Another file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\—web8693.htm 1/15/2015 Page 2 of 2 stranger told me he sold a pack of cigarettes to a 15 yr. old girl.... I realize these stories are second hand and hearsay, but this hearing is not a court of law and why would these people be stopping me in wanting to relay these stories to me. They certainly support our grave concern that he should not be trusted to sell any alcohol in a responsible manner. Due to the breakup of the SEAF over this matter, due to their support of the Epic, we are deprived of all the hundreds of contacts within the community to be able to reach out to them for their support. I hope you will take the shortage of people Tuesday evening for what it's worth, the SEAF Board members working against the rest of the neighborhood in not allowing us any access to reach out to our long established list of people, for the reality of what that is worth and indicates. Hope you are able to use your extra day off before the hearing to view your agenda package in greater detail. Respectfully, E. Duane Howard file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\'-web8693.htm 1/15/2015 Page I of I A.: Epic Stop In ( 'Wilt Duane Howard 4 to: 4 10 dabowers, dbtrinkle, courtrosen, Sherman.lea, ray.ferris, bill.bestpitch, Stephanie. moon, Skip.Decker, dan.webb 01/19/2015 08:24 PM Hide Details From: Duane Howard <starcityflyer @aol.com> Sort List... To: dabowers @verizon.net, dbtrinkle @cox.net, courtrosen @gtnail.com, Shennan.lea @roanokeva.gov, ray. ferris@roanokeva. gov, bill. bestpitch @roanokeva.gov, Stephanie. moon @roanokeva.gov, Skip.Decker @roanokeva.gov, dan.webb @roanokeva.gov, Dear Stephanie, will you please forward this to Anita Price. To: Mayor and Members of City Council: You should have in hand the pictures I submitted to you all last week. The upside down sink has been there for months now. The Health Dept, approved him to sell hot food, yet his front door is open all the time. Someone suggested the front door should open out, not in. Would there have been a fire inspection on this building? Man told me he knew someone who sold Adam a $200. food stamp card for $100 cash. Others say he takes for stamps cards for the purchase of cigarettes, charges a couple dollars more and rings it up as groceries. If he's doing this, and these people were most believable, he'd do the same thing with selling alcohol. Channel 10 did a story with me this morning, I asked her to film the trash problem but she had no interest in doing so. Wouldn't you think a reasonable person would clean up their mess before going to city council? Just further confirms how he is only out for his interest and has NO concerns for the problems he brings. Please don't reward him, nor trust him with the sell of alcohol. file: //C:\ Users \CKSM1\AppData \Local \Temp \notesC7A056 \— web2376.htm 1/20/2015 Page 1 of I Fwd: Epic from last year Duane Howard Or to: Stephanie.moon 01/20/2015 10:49 AM Cc: Starcityflyer Hide Details From: Duane Howard <starcityflyer(a)aol.com> To: Stephanie.moon @roanokeva.gov, Cc: Starcityflyer @aol.com Dear Mayor and Members of Council: In last years City Council Agenda Report, Nov. 18, 2013, on Page Three is this paragraph: "The removal of the voluntarily proffered conditions restricting uses of the property from 2002 would result in changes to the uses allowed on the property. It is the applicant's responsibility to demonstrate that the circumstances within the neighborhood present in 2002 that brought about the proffered conditions no longer exist. " Not only do the very same condition still exist, they have gotten worse by the mere opening of this location: Trash problem from day one Sale of drug pipes and supplies 10 Police calls to the location Hope you will weigh the evidence for what it is and not buy into hundreds of signature, that in NO WAY represent the best interest of the neighborhood. Duane Howard - - - -- Original Message---- - From: Sherry Lucas <sdlucas2 @gmail.com> To: Duane Howard <Starcity0yer @aol.com> Sent: Tue, Jan 20, 2015 10:23 am This is from the 2013 Epic hearing.... Interesting information and comments which could be crucial in the fight against Epic on pg.81. Sounds like Economic Development was against it as well. Talk to you later, gotta work now.: -) htti)://www.roanokeva.gov/DeptAt)j)s/CCAQendas.nsf/3cac7fl 3c72b8ab385256bl b004ec9aflf4a O6Oe8963d68385257c23006f55d4! $FILE /car %2011 -18 -13 odf file: / /C:\ Users\ CKSMl\ AppData\ Loca ] \Temp\notesC7A056 \— web1932.htm 1/20/2015 j A.3 01_ - gym`°� 5 . s ACTION FORUM January 13, 2015 Roanoke City Council 215 Church Ave., S.W., Room 452 Roanoke,Virginia 24011-1594 Honorable Mayor Bowers and Members of City Council: This evening at the general meeting of the Southeast Action Forum, Inc.the following motion regarding alcohol sales was approved 6—3 by a majority of the members present: "I move that SEAF be against any new alcohol licenses being issued in Southeast due to our concentration of available alcohol being sold in the area and because of all our problems with with alcohol." Another motion was made and passed by the members present by a 3 to 1 vote: That the Southeast Action Forum treats and is more fair and equal to all businesses in the some neighborhoods that it serves. Sincerely, Terry E. Huxhold President, Southeast Action Forum, Inc. 1101 Morningside St. SE Roanoke, VA 24013 Phone: 540-266-8548 Email: seactionforumhotmail.com EIN: 54-1193666 wr Epic Stop In Alcohol Sales Request Cynthia to: mayor 01/12/2015 10:51 PM Dear Mayor Bowers and City Council, I have some questions about the amended application presented to the Planning Commission for the Epic Stop In at 1132 9th Street and 902 Penmar Ave., S.E. to be able to sell alcohol. Many of the petitions appear to be fraudulent, because they state that the signers are "SE Roanoke residents." But the addresses are from all over Roanoke, and at least one is from out of town (maybe several). If the store owners are willing to submit fraudulent petitions, why should they be trusted to do as they have promised and "be responsible in sales of alcoholic beverages" and to "return(ing) a portion of the profit to the community in a form of donations"? My daughter and her family, including my three grandchildren, live in the Morningside neighborhood about 3 blocks from the store. The city's plan for that area states that the neighborhood is a Rehabilitation District. Why sell more alcohol when you're trying to build? Alcohol destroys lives and property. Why make it more readily available? It seems very counter-productive. Has anyone circulated petitions to the people who want a clean, safe neighborhood? Does anybody care that this store is only a block from a middle school and a couple of blocks from an elementary school? Please do not approve this application. Please help keep our city safe and nurturing for our children and grandchildren, instead of making it easier for their lives to be destroyed. Thank you - Cynthia Wright 1121 Clearfield Rd., S.W. Roanoke RE: City Council Hearing on Tuesday, January 20, 2015 Raymond Camper to: clerk @roanokeva.gov 01/15/2015 03:07 PM Please respond to Raymond Camper Dear City Council Members: I am concerned for my neighborhood of SE Roanoke. We are already saturated with stores that sell alcohol and drug paraphernalia and do not want any more of it! The Epic Stop-In Store is in the middle of two schools and a park and as aware and concerned citizens; we are witnessing far too many inebriating individuals on the streets in SE already and do not need any more in front of children. I understand a"no alcohol"proffer was put in place on this store because of its close proximity to schools, park, library and churches. Enough is enough! I respectfully ask all of you to empathize with me and give a"NO" vote to lifting the proffer on Epic Stop-In at 902 Penmar Ave. SE Roanoke, VA 24013. Sincerely, Name: Raymond D Camper III Address: 3607 Yellow Mountain Road Roanoke, VA 24014 Age: 38 A RE: City Council Hearing on Tuesday, January 20, 2015 Keith Matherly to: clerk 01/15/2015 03:16 PM Dear City Council Members: I am concerned for my neighborhood of SE Roanoke. We are already saturated with stores that sell alcohol and drug paraphernalia and do not want any more of it! The Epic Stop-In Store is in the middle of two schools and a park and as aware and concerned citizens; we are witnessing far too many inebriating individuals on the streets in SE already and do not need any more in front of children. I understand a"no alcohol"proffer was put in place on this store because of its close proximity to schools, park, library and churches. Enough is enough! I respectfully ask all of you to empathize with me and give a"NO"vote to lifting the proffer on Epic Stop-In at 902 Penmar Ave. SE Roanoke, VA 24013. Sincerely, Keith Matherly 33 669 Murray ave matherly123@gmail.com Page I of 1 Epic Market Amy Morgan >✓ to: "" stephanie.moon @roanokeva.gov 01/15/2015 02:18 PM Cc: amy collier Hide Details From: Amy Morgan <amy.morgan.ikgl @statefarm.com> To: "stephanie.moon @roanokeva.gov" <stephanie.moon @roanokeva.gov>, Cc: amy collier<acollier1969 @gmail.com> Council Members, I oppose lifting the proffers at Epic Market as a citizen in the neighborhood. The ready availability of alcohol on this street clearly shows this area doesn't have a need for more alcohol. This area number one problems are alcohol related. I just read an article from Science Daily: Alcoholism and Bad Neighborhoods: a two-way Street. The link is below: Alcoholism and Bad Neighborhoods: A Two-way Street http://www.sciencedaily.com/releases/2007/08/0708271.61245.htm A bad neighborhood is known to contribute to the development and maintenance of an individual's alcohol use and alcohol-related problems. A first-of-its kind study shows that alcohol problems may also lead an individual to live in a bad neighborhood. Analysis indicates that alcoholism has long-term negative effects on place of residence, and vice versa. First, the more alcohol problems a man has, the more likely he is going to remain in --or migrate into--a disadvantaged neighborhood. Second, recovery from alcoholism is both protective against a downward social drift and favorable to improved social conditions. In addition, living in worse neighborhoods appears to have an adverse effect on alcoholic symptomatology over time. We want a healthy and safe neighborhood. I'm not being unfair when I say we don't need another store selling alcohol. I'm against all new licenses in the neighborhood. I don't catch all of them mainly due to license are usually not zoning issues. I'll be checking the paper from now on. Help us take back our neighborhood and regain control so we can end this horrible cycle. The only ones benefiting from selling alcohol are the owners. The owners have proven over the past year they are in it for the money by continuing to sell drug paraphernalia. They have had code enforcement issues throughout the year with trash and graffiti. The proffers were put in place for a reason; let's not see that hard work go to waste so the owners can make a dime. Epic should have looked at the zoning issue before they signed their lease. Don't hold the neighbors responsible for what Epic should have looked at beforehand. Let's work at achieving a healthier and happier neighborhood together. These are tough issues and will take time but I feel if neighbors and the City work together we can achieve them. Vote no. End the alcoholism cycle. Amy Morgan file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\—web2456.htm 1/15/2015 Page 1 of 1 A.3. Fwd: Alcohol Dallas® O to: Stephanie.moon 01/15/2015 05:08 PM Hide Details From: Dallas® <dallas @powmarcom.com> To: Stephanie.moon @roanokeva.gov, From: Dallas® <dallas(o)powmarcom.com> Date: January 15, 2015 at 5:08:48 PM EST Subject: Alcohol To: Stephanie.moom @roanokeva.c1ov Hi Stephanie, I am disgusted that this store in SE Roanoke is trying to get the ability to serve alcohol when they are selling crack pipes behind their counter. This store clearly caters to the bottom of the barrel. The people that we do not want in SE Roanoke. Please pass along my message to the appropriate people. I personally have no problems with responsible stores selling alcohol. I just have a problem with doing favors for businesses that are intentionally causing harm to our community. It's a shame that they took their crack pipes out of plain view and put them behind their counter out of sight still for sale. Best regards, Dallas Powell PowMarCom 1417 Peters Creek Rd. Roanoke, VA 24017 Cell: 540.293.2335 dallas@powmarcom.com www.powmarcom.com file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\—web2659.htm 1/15/2015 miscellaneous: city uouncil U1/ lb/ GU1.7 01/01/1995 00:00 \540/-397-8379 MARK E PETERSEN PAGE 01 A.3. V 11110115- gs3 s- ��✓!0 am &u te C I / Marl Petersen 1709 Jerome St. SE Roan ke,VA 24014-3813 (P10 397- 8379 Eat 1.6-- S4 - r4 FL-4--/z-m # e Z Ateenife' g E ;-4-r ODLA /Te; I 4.446 die DI'4 @./S /C37 / dZ femNIcr 414.41Ne7 c5E 12 01034 M .� v1 c ck I71-41 pte MIL� Car►h o I izrs ike W ./+A r ig in s 6k .c* k oY 4-1c61. f y dza4 uPTI C, }7 n5 • ttlitiOL-j 13 ti ,#S Cow As DTs wo2sr //,7 A Lt)• Page 1 of 1 A.3 EPIC Stop Cindy Pasternak 1 to: city.clerk, Stephanie.moon 01/19/2015 07:34 PM Hide Details From: Cindy Pasternak<ltgfarm @aol.com> To: city.clerk @roanokeva.gov, Stephanie.moon @roanokeva.gov, Dear Members of the Council, am asking that the = PIC Stop be refused an A5C license. Studies show that areas where there is a high concentration of alcoholics , continued support of alcohol sales only accentuates the problem. The city as a whole cannot be a great city until we can uplift communities suck as those that surround the renmar Ave. area by making alcohol sales less accessible to those who have the disease of alcoholism. As 9uoted by bob, Clements of Neighborhood Services, "the city is only a good as it's worst neighborhood". Thank you for being a part of making the whole city of Roanoke a better, safer and more beautiful place to live. Respectfully, Cindy Pasternak President of Riverdale-Grandview heights Neighborhood Watch file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\--web9851.htm 1/20/2015 Page 1 of 2 A.3. Fwd: Follow up Letter re: Epic Sherry Lucas I to: stephanie.moon 01/19/2015 07:49 PM Hide Details From: Sherry Lucas <sdlucas2 @gmail.com> To: stephanie.moon @roanokeva.gov, 1 Attachment Survey_Page.pdf Dear Ms. Moon, Please include this letter and attachment with the "Petitions of Opposition" for the Epic Stop-In Hearing on Tuesday. This is for City Council. This letter is different from my letter forwarded from Planning. Warm Regards, Sherry D. Lucas January 13, 2015 Re: Epic Stop In Store Dear City Council Members: I express sincere regret in having to contact you again concerning the matter of Epic Stop In Convenience Store in SE Roanoke. However, after learning of the Planning Commission's decision on 1/12/15 to approve the sale of alcohol at this store's location, I understand the next step in the process is put upon your laps for a final result. Please know that I understand the difficult decisions that must be made by some of you in a matter such as this. As a 18 year homeowner in SE Roanoke, I have seen firsthand the negative effects that drugs and alcohol have had in this neighborhood. There have been many drug and alcohol related arrests surrounding the Epic store. Most recently drugs were found in a home on Murray Ave last week(a minute from Epic), where an innocent baby drowned in a bathtub full of water. One of her parents admitted to police of"being high on drugs" when the drowning occurred. A meth house was busted another minute away from Epic several months ago. I live a mile away from Epic. In early 2014 my neighbor, Bill Hamilton age 41, died suddenly at home from a meth and cocaine overdose. His brother informed me that Bill had visited a house on Penmar Ave two hours before his death. His family later file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\--web9149.htm 1/20/2015 Page 2 of 2 learned he had purchased drugs there. I have been approached several times for money by men who reeked of alcohol at CVS on 9th St SE. So see, you can imagine, as neighbors of Epic, we are very concerned about this serious trend and hope you will help us. The owners of Epic have made their priorities crystal clear; profits over children, respectable neighbor's opinions and a family friendly neighborhood. In the shadow of this blatant disrespect, we feel we need more assistance that we can muster alone to try and improve the SE area. I am fearful that by not imposing such limitations, we are potentially stunting the growth of the area and it's challenging enough to pull it out the hole it's in right now. Therefore, I am pleading, no begging, for a "no"vote for alcohol sales at Epic. In conclusion, I examined the petitions of support that Epic submitted to the Planning Department. The number of signers is indeed impressive but the number of signers who matter, not so much, it's slacktivism at its worst. I counted 15-20 who did not even live in SE yet they fraudulency signed a form stating they were a SE resident, some even living in Huddleston or Bent Mountain (I attached a copy of one of a person who resides in SW). Approximately 10 of them had no addresses, phone numbers or signatures. One signature was signed by a Rescue Mission resident, one signature on 14th St SE was signed by a female who lives in Bedford and was just visiting the home on 14th St. Several of the street names on the petitions are within Jamestown and Indian Village section 8 housing projects. Which leads me to ask these questions....Is it legal to canvass door-to-door in public housing or elsewhere to solicit signatures? Were the petition for alcohol signers 21 and over? What laws or regulations, if any, were violated when the canvassing for signatures involved the sale of goods and services by a commercial business that may be provided at a later date? Is that deemed solicitation? Were petition signers mislead by not being told the store also sold other items of concern? Was it explained what a proffer was and why it was placed on Epic to begin with? Thank you for taking the time again to understand my concerns.. Your service to our city is very much appreciated. Warm Regards, Sherry D. Lucas 1202 14th St SE Roanoke, VA 24013 file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\--web9I49.htm 1 i9ni')m c Page 1 of 2 A.: 902 Penmar St./ Epic mark powell to: stephanie moon, David Bowers Home, David Trinkle, sherman lea, anita price, court rosen, ray ferris, bill bestpitch 01/20/2015 12:19 AM Hide Details From: mark powell <markdouglaspowell @hotmail.com> Sort List... To: stephanie moon <stephanie.moon @ roanokeva.gov>, David Bowers Home <david_hnwercernannkpva pnv>_ David Trinklp <davirl trinklp(Wrnannkpva onus chprman Page 1 of 1 A.3. Starview Heights Neighborhood Association mark powell to: stephanie moon, David Bowers Home, David Trinkle, sherman lea, anita price, court rosen, bill bestpitch, ray ferris 01/20/2015 04:16 PM Hide Details From: mark powell <markdouglaspowell @ hotmail.com> Sort List... To: stephanie moon <stephanie.moon @ roanokeva.gov>, David Bowers Home <david.bowers @roanokeva.gov>, David Trinkle<david.trinkle @roanokeva.gov>, sherman lea <sherman.lea @roanokeva.gov>, anita price <anita.price @roanokeva.gov>, court rosen <court.rosen @roanokeva.gov>, bill bestpitch <bill.bestpitch @roanokeva.gov>, ray ferris cray.ferris@roanokeva.gov>, Dear Mayor and City Council, I wanted to pass along, in my role as Vice President of the Starview Heights Neighborhood Association, that last night (1/19/2015) the Association resolved that it opposes the lifting of the proffers on 902 Penmar SE/ Epic Stop in. The vote on the matter was unanimous with no abstentions with 15 members/residents in attendance. Thank you for your service, Sincerely, Mark Powell Page 1 of 2 A.: 902 Penmar St./ Epic it mark powell to: stephanie moon, David Bowers Home, David Trinkle, sherman lea, anita price, court rosen, ray ferris, bill bestpitch 01/20/2015 12:19 AM Hide Details From: mark powell <markdouglaspowell @hotmail.com>Sort List... To: stephanie moon <stephanie.moon @ roanokeva.gov>, David Bowers Home <david.bowers @roanokeva.gov>, David Trinkle <david.trinkle @roanokeva.gov>, sherman lea <sherman.lea @roanokeva.gov>, anita price <anita.price @roanokeva.gov>, court rosen <court.rosen @roanokeva.gov>, ray ferris cray.ferris @roanokeva.gov>, bill bestpitch <bill.bestpitch @roanokeva.gov>, Dear all, There may be a time in the future where it might be fitting to lift the proffers currently resting on 902 Penmar SE. I hope you'll share my conviction that now is not the time to do so. I hope you'll elect to keep the proffer in place regarding alcohol sales for the following reasons: 1. The council's opposition to this issue was unanimous approximately one year ago. I can't see that much has changed. 2. I share Councilman Bestpitch's concern that he shared with my neighbor Miss Lucas that the structure is too close to Jackson Park and two schools. These were concerns shared last year by neighbors and also shared some years ago when the proffers were put in place. I also share Councilman Lea's disappointment in reply to Miss Lucas that this matter is again before us. 3. Residents in Southeast Roanoke have worked on sustained efforts over the last several years to reduce crime and blight while taking steps to improve quality of life where we live. The general crime and blight typically associated with most corner stores is evident and is out of step with the vision established in our neighborhood plans. 4. The Police Chief reported that there were numerous calls for police service to the location last year. 5. The property's owner,Juan Jimenez, owns multiple properties throughout the city and is well known to code enforcement...his properties have racked up well over 100 code violations in recent years. As a result, I would suggest that Mr. Jimenez's track record as a property owner could have some impact on this property's relationship with the surrounding community. 6. Alcohol sales and concentration of such: There are already numerous outlets for alcohol sales along 9th Street and I've read the Police Chief's lengthy essays on the correlation between alcohol sales and high crime rates, which is well documented. 6. If these proffers are lifted, the community will likely have to face the probability of this store having a license for a long time, as ABC licenses (once issued) are hard to retract. We could also face a change Page 2 of 2 in ownership and the likely ease with which a subsequent owner might obtain an ABC license, given the precedent. The decision before you could have a long lasting and negative impact on our community. 7. Drug paraphernalia: the applicant came before you last year and was questioned repeatedly about the sale of drug paraphernalia commonly used for smoking crack cocaine at the store. The applicant pledged to you at the time that these items had been removed and would not be sold again. Some weeks back (as you may have heard), a pipe commonly used for smoking methamphetamine was procured at the store. This information was provided to the police chief, who had law enforcement make a visit to the store. I'm told that the Chief was able to verify that these items were still being sold. The disrespect shown to our community and to you as council members is resounding. The applicant grossly misunderstood how gravely the community would view this paraphernalia issue last year. Now, with the paraphernalia having been reintroduced, the applicant has indicated to the community that he is willing to walk a thin legal line regarding the sale of these products, some of them in plain view of neighborhood children. This behavior says to me loud and clear that the applicant will likely continue to walk these thin legal lines if and when an ABC license is issued to the establishment. Let's not gamble on that. In sum, the lifting of the proffers on this property are at odds with the well being of the community where I reside and I hope that you'll see fit to keep these proffers in place. Thank you very much for your consideration. Mark Powell SE Roanoke Resident Page 1 of 1 Epic Market Amy Morgan to: stephanie.moon @roanokeva.gov 01/15/2015 02:18 PM Cc: amy collier Hide Details From: Amy Morgan <amy.morgan.ikgl @statefarm.com> To: "stephanie.moon@roanokeva.gov" <stephanie.moon @roanokeva.gov>, Cc: amy collier<acollier1969 @gmail.com> Council Members, I oppose lifting the proffers at Epic Market as a citizen in the neighborhood. The ready availability of alcohol on this street clearly shows this area doesn't have a need for more alcohol. This area number one problems are alcohol related. I just read an article from Science Daily: Alcoholism and Bad Neighborhoods:a two-way Street. The link is below: Alcoholism and Bad Neighborhoods:A Two-way Street http://www.sciencedailv.com/releases/2007/08/070827161245.htm A bad neighborhood is known to contribute to the development and maintenance of an individual's alcohol use and alcohol-related problems. A first-of-its kind study shows that alcohol problems may also lead an individual to live in a bad neighborhood.Analysis indicates that alcoholism has long-term negative effects on place of residence, and vice versa. First, the more alcohol problems a man has, the more likely he is going to remain in --or migrate into--a disadvantaged neighborhood. Second, recovery from alcoholism is both protective against a downward social drift and favorable to improved social conditions. In addition, living in worse neighborhoods appears to have an adverse effect on alcoholic symptomatology over time. We want a healthy and safe neighborhood. I'm not being unfair when I say we don't need another store selling alcohol. I'm against all new licenses in the neighborhood. I don't catch all of them mainly due to license are usually not zoning issues. I'll be checking the paper from now on. Help us take back our neighborhood and regain control so we can end this horrible cycle. The only ones benefiting from selling alcohol are the owners. The owners have proven over the past year they are in it for the money by continuing to sell drug paraphernalia. They have had code enforcement issues throughout the year with trash and graffiti. The proffers were put in place for a reason; let's not see that hard work go to waste so the owners can make a dime. Epic should have looked at the zoning issue before they signed their lease. Don't hold the neighbors responsible for what Epic should have looked at beforehand. Let's work at achieving a healthier and happier neighborhood together. These are tough issues and will take time but I feel if neighbors and the City work together we can achieve them. Vote no. End the alcoholism cycle. Amy Morgan file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\—web2456.htm 1/15/2015 Page 1 of 1 A.3. Fwd: Alcohol Dallas® ' to: Stephanie.moon 01/15/2015 05:08 PM Hide Details From: Dallas® <dallas @powmarcom.com> To: Stephanie.moon @roanokeva.gov, From: Dallas® <dallas a(�powmarcom.com> Date: January 15, 2015 at 5:08:48 PM EST Subject: Alcohol To: Stephanie.moom@roanokeva.gov Hi Stephanie, I am disgusted that this store in SE Roanoke is trying to get the ability to serve alcohol when they are selling crack pipes behind their counter. This store clearly caters to the bottom of the barrel. The people that we do not want in SE Roanoke. Please pass along my message to the appropriate people. I personally have no problems with responsible stores selling alcohol. I just have a problem with doing favors for businesses that are intentionally causing harm to our community. It's a shame that they took their crack pipes out of plain view and put them behind their counter out of sight still for sale. Best regards, Dallas Powell PowMarCom 1417 Peters Creek Rd. Roanoke, VA 24017 Cell: 540.293.2335 dallas(cipowmarcom.com www.powmarcom.com file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\—web2659.htm 1/15/2015 miscellaneous: city council us/ lb/ LUIS 01/01/1995 00:00 540-397-8379 MARK E PETERSEN PAGE 01 A.3. V TA Clidke% / // 40-- /7-glyld (7/ : (th-lAC /. Mar/ Petersen 1709 Jerome St. SE Roan ke, VA 24014-3813 (. J 397- 8379 g&t. St711): -Ze) - 444 "J-714-1114 74 ZRe4Miche 144-,PICISE Gl C041C/ I /° 6 6-1 po ierS !� 7 62, thrice- Ave.,,iue7 SSE 12 otunt "s m ;, v Gott k G�' `7// CO vt vt o 4 YU 5 K�iC1 11/Co / nfint-tel,de-464 1CPC C1717 /13 • W7ziaLi 13 /TS Coop As rrS WoRsr Nel, thtAwd rl Page 1 of 1 A.3 EPIC Stop Cindy Pasternak I to: city.clerk, Stephanie.moon 01/19/2015 07:34 PM Hide Details From: Cindy Pasternak<ltgfarm @aol.com> To: city.clerk@roanokeva.gov, Stephanie.moon@roanokeva.gov, Dear Members of the Council, am asking that the r PIC Stop be refused an A5C license. Studies show that areas where there is a high concentration of alcoholics , continued support of alcohol sales only accentuates the problem. The city as a whole cannot be a great city until we can uplift communities such as those that surround the renmar Ave. area by making alcohol sales less accessible to those who have the disease of alcoholism. As cluoted 6y 5o6 Clements of Neighborhood Services, "the city is only a good as it's worst neighborhood". Thank you for being a part of making the whole city of Roanoke a better, safer and more beautiful place to live. Respectfully, Cindy Pasternak President of Riverdale-Grandview heights Neighborhood Watch file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\--web985 I.htm 1/20/2015 Page 1 of I A.3 City Council Hearing re: Epic Market Kitty I to: stephanie.moon@roanokeva.gov 01/19/2015 09:52 PM Hide Details From: Kitty <kitty.paws @rocketmail.com> To: "stephanie.moon @roanokeva.gov" <stephanie.moon @roanokeva.gov>, Please respond to Kitty<kitty.paws@rocketmail.com> January 19,2015 Dear Mayor Bowers and City Council Members: I have been seeing media reports about the Epic Market in SE Roanoke and I am deeply concerned about this store being approved to sell alcohol. I am very close to my nephew who attends Jackson Middle School.He walks past this store to his grandmother's house after school every evening.Last Spring he was aggressively approached by a man standing beside this store who asked him for money to buy cigarettes.He said, the man grabbed his arm and it"freaked him out". So,he now often takes the long way to avoid the store area. What about other children who walk past there?Has that happened to them too?My other fear is if this license is granted,we will see night-time revelers having already pre-loaded with alcohol at home returning to the store for more?Will they take advantage of the location of this store to further pre-load on cheaper alcohol compared to the other stores they will visit?Also,the store is an alcohol restricted store and it's a given the area will see an increase in street drinking."This will inevitably increase crime and disorder and public nuisance to local residents." Prior to writing this I researched his reasons for his desire to sell alcohol despite oppositions.From an article dated 11/18/13, the store owner stated"he feels like he is being discriminated against by some residents as well as the city because there are a handful of other convenience stores along 9th Street that currently sell alcohol and he won't be able to compete with them if he can't sell alcohol."I'm clearly convinced Mr. Elsayed does not feel that way at all! He is using"discrimination" as a scare tactic to get the results he wants so he can make a profit off of selling alcohol. A truly sincere man and business owner would be as deeply concerned about other's feelings but he is not. Mr. Elsayed has not met my families or my expectations as a postitive business owner in the Southeast area and I will not support his request to bring more alcohol into our community. WE WANT CHANGE HERE! We ask that you support us in our request please. Sincerely, Katherine Kay Paws file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\--web0468.htm 1/20/2015 Page 1 of I For City Council Members: Duane Howard to: Stephanie.moon 01/20/2015 10:56 AM Hide Details From: Duane Howard <starcityflyer @aol.com> To: Stephanie.moon@roanokeva.gov, Here is the statement from Jay McCanless from one year ago: As one of only two board members left on the SEAF, he'll now stand before you supporting this store, because they have given him work which he denies being paid for, and they offered to make donations to the SEAF from the Sale of alcohol: You be the Judge of which side of the story you want to believe from Mr. McCanless: "Jay McCanless I want to weigh in with my concerns of this store operating in the location at 9th and Pen mar S.E. They have no parking unless they block part of the road or the alley next to it. This is a safety problem for children who walk to elementary and middle school. That alone should be enough to deny Alcohol licensure. Their main features appear to be scales and items used for drug usage. Two schools and a park are so close you can say with certainty drunks will be invading these areas moreso than they do in other areas of the city. Will the city be posting extra police because of this? I am a parent and along with many others in the neighborhood, we do NOT want the element this store is sure to draw here. Thank you for reading and taking this into account. " file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\—web9370.htm 1/20/2015 Page 1 of 2 A.3. Fwd: Follow up Letter re: Epic Sherry Lucas to: stephanie.moon 01/19/2015 07:49 PM Hide Details From: Sherry Lucas <sdlucas2 @gmail.com> To: stephanie.moon @roanokeva.gov, 1 Attachment Survey_Page.pdf Dear Ms. Moon, Please include this letter and attachment with the "Petitions of Opposition" for the Epic Stop-In Hearing on Tuesday. This is for City Council. This letter is different from my letter forwarded from Planning. Warm Regards, Sherry D. Lucas January 13, 2015 Re: Epic Stop In Store Dear City Council Members: I express sincere regret in having to contact you again concerning the matter of Epic Stop In Convenience Store in SE Roanoke. However, after learning of the Planning Commission's decision on 1/12/15 to approve the sale of alcohol at this store's location, I understand the next step in the process is put upon your laps for a final result. Please know that I understand the difficult decisions that must be made by some of you in a matter such as this. As a 18 year homeowner in SE Roanoke, I have seen firsthand the negative effects that drugs and alcohol have had in this neighborhood. There have been many drug and alcohol related arrests surrounding the Epic store. Most recently drugs were found in a home on Murray Ave last week(a minute from Epic), where an innocent baby drowned in a bathtub full of water. One of her parents admitted to police of"being high on drugs" when the drowning occurred. A meth house was busted another minute away from Epic several months ago. I live a mile away from Epic. In early 2014 my neighbor, Bill Hamilton age 41, died suddenly at home from a meth and cocaine overdose. His brother informed me that Bill had visited a house on Penmar Ave two hours before his death. His family later file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\--web9149.htm 1/20/2015 Page 2 of 2 learned he had purchased drugs there. I have been approached several times for money by men who reeked of alcohol at CVS on 9th St SE. So see, you can imagine, as neighbors of Epic, we are very concerned about this serious trend and hope you will help us. The owners of Epic have made their priorities crystal clear; profits over children, respectable neighbor's opinions and a family friendly neighborhood. In the shadow of this blatant disrespect, we feel we need more assistance that we can muster alone to try and improve the SE area. I am fearful that by not imposing such limitations, we are potentially stunting the growth of the area and it's challenging enough to pull it out the hole it's in right now. Therefore, I am pleading, no begging, for a"no" vote for alcohol sales at Epic. In conclusion, I examined the petitions of support that Epic submitted to the Planning Department. The number of signers is indeed impressive but the number of signers who matter, not so much, it's slacktivism at its worst. I counted 15-20 who did not even live in SE yet they fraudulency signed a form stating they were a SE resident, some even living in Huddleston or Bent Mountain (I attached a copy of one of a person who resides in SW). Approximately 10 of them had no addresses, phone numbers or signatures. One signature was signed by a Rescue Mission resident, one signature on 14th St SE was signed by a female who lives in Bedford and was just visiting the home on 14th St. Several of the street names on the petitions are within Jamestown and Indian Village section 8 housing projects. Which leads me to ask these questions....Is it legal to canvass door-to-door in public housing or elsewhere to solicit signatures?Were the petition for alcohol signers 21 and over? What laws or regulations, if any, were violated when the canvassing for signatures involved the sale of goods and services by a commercial business that may be provided at a later date? Is that deemed solicitation? Were petition signers mislead by not being told the store also sold other items of concern? Was it explained what a proffer was and why it was placed on Epic to begin with? Thank you for taking the time again to understand my concerns.. Your service to our city is very much appreciated. Warm Regards, Sherry D. Lucas 1202 14th St SE Roanoke, VA 24013 file://C:\Users\CKSMI\AppData\Local\Temp\notesC7A056\�web9I49.htm 1 i7nymi c 6),4, 4,1terdaS- Last year when the Epic Stop In made its application to have proffered restrictions lifted on this tiny building at 902 Penmar & 9th St. S.E. No less than four recognized, well established, organized neighborhood groups took a strong position in opposing any more sales of Alcohol, in our drug infested, alcohol plagued S.E. The Planning Commission and City Council support us 99%. Mr. Ahmed Elsayed, an Egyptian Immigrant said back then; "he opened the store as a source for income while he works on an MBA degree. He said he couldn't compete with similar convenience stores near his location at Night St. & Penmar Avenue, which sell alcohol, if he couldn't do the same" I assume MBA stands for Master of Business Administration. One must question if Mr. Elsayed has chosen the correct field of study, based on his poor business decisions on a number of levels. Most, if not all, business people who want to make money, would select a location that has a shortage of goods and products that they would not be competing with. Instead, he selected a location on 9th Street that is oversaturated with seven established businesses, selling the same competitive items in one fashion or the other. One within two blocks on either side of his location. The overriding point of his poor business decisions is having signed a five year lease, fully aware it had restrictions of no alcohol sales at that location, and yet he continues to claim he's being singled out and he's not being treated fairly. What he obviously does not understand, or appreciate is that what makes this country so great is its uniqueness to have specific laws and codes that can apply differently to different business locations. Even on the same Street, right down to the same block, as in this unique case. What is even more unfair is how he has brought division and splintering of the Southeast Action Forum neighborhood group over what he wants as opposed to the greater desires of what long time residents want. He told city council last year he had stopped selling the drug pipes and supply items, yet upon losing his request, and knowing the public concern over selling these legal pipes he went right back to selling them, yet another egregious bad decision, knowing they helped contributed to his loss. These are not the action of a good businessman who claims he wants V to be a good neighbor and contribute to the neighborhood? Contribute what, one must ask? He told members of the Southeast Action Forum he would make donations from the sell of alcohol, in essence, buying their support which he achieved in doing, thereby causing splintering of the organization and leaving it with only two board members who still support him. Six Planning Commission seem to feel the issue of fairness now weighs in his favor. But, how much weight of fairness is due him over what would prove to be so profoundly UNFAIR to all the neighborhood groups who have worked so hard to advance our goals on the smallest of levels of concern to the larger scale issue as in the propane tank farm issue? To give in to his poor business decisions would have such a demoralizing impact on neighborhood efforts, it would be once again perceived as the city showing no support over the dedicated work the relative small group of dedicated people we can muster up to take an interest in advancing our goals. We have more than our unfair share of struggles and battles to take on, that one man's goals to add more problems for us is asking more than many of us can bare the added burden. Police statistics show there were 10 police calls to his location last year and this is without the sale of any alcohol. His claims of being discriminated against are due to his actions, not ours. What is unfair, is his poor decision to have continued the sale of crack and meth pipes, and his lying before the Planning Commission that he had once gain pulled these pipes months ago, when in reality he was selling them right up to within days of appearing for his hearing. But, once again I was able to obtain a Meth pipe from the store on December 27`h. And this was confirmed my Police Chief Perkins after he sent in an undercover person who purchased a crack pipe sold from behind the counter. He has clearly demonstrated he is not a good businessman and therefore cannot be trusted with the responsible sale of alcohol, in any form. In a narrow vote before the Southeast Action Forum Tuesday evening, a motion passed to oppose all future businesses that would apply for alcohol permits. This applies to Mr. Elsayed store as the issue goes to city council. All the neighborhood groups will be looking to you on January 20th. To uphold the proffers, thereby upholding the years of hard work we put forth to make this a better neighborhood. It will, indeed, be an epic decision. "7",a4,41.674Ltee_ . ,s, Qo /C 2 k6b-s - RAof'os - tdosta . (A ) January 15, 2015 TO: City Council for Epic Stop In Hearing,January 20, 2015, 7 PM Public Hearing Submitted by: E. Duane Howard 1221 6th St., S.E. Roanoke,VA. 24013 DOCUMENT #1 • 911 Calls to: 1132 9th Street, S.E. and 902 Penmar S.E., Known as the Epic Stop In These stats were given to me by Police Chief Chris Perkins at a meeting with on Jan. 9, 2015 The has in the past reported to you and shown you charts and graphs that indicate an increase in crime and problems in and around establishments that sell alcohol. These stats average out to one call a month and this is without the sale of alcohol. DOCUMENT#2 From this time the doors on this store opened there has been an unsightly trash, rubbish, discarded fixtures and bulk items of every variety. For some unknown reason records do not reflect the accurate number of calls made to the city over this period of time. Records from Skip Decker does indicate the problem in to some extent. They only gave in to purchasing a small dumpster when they knew they would be reapplying for the proffers to be lifted. He has shown over and over he is not capable of being a good neighbor until he is forced to be. PICTURES As the say goes, "A picture is worth a thousand words" Take note of the sink, it has been there a month or more. How often did you hear our concerns last year over the trash problems these convenience stores cause? In this case, Adam, himself is the biggest contributor to trash and ugliness at his location. You heard concerns of no parking. Vehicles and delivery trucks are constantly parking on the sidewalk. Lie, P jr L ✓'IT �p�iti' 'aS . , ervlf.. 4.. F i.:."'tF', i2�6w. 4,.1 It i'-. F}. 9/30/14 8:24 AM 1132 9TH ST SE Burglary 10/26/14 10:41 PM 1132 9TH ST SE Suspicious -.....''''''''...>" 3 3/17/14 4:29 AM 1132 9TH ST SE Burglary 2/20/14 3 10 AM 1132 9TH ST SE Suspicious e k� 93y "w�b1 , c z x w a -f( V f Ro# 1�rb3a 44 a�av�x.t f Jm N..w 7/13/14 3:58 PM 902 PENMAR AVE SE Wanted Person + /� I 6/7/14 6:26 PM 902 PENMAR AVE SE Burglary (LA) �/ 5/25/14 2:32 AM 902 PENMAR AVE SE Suspicious J` 6/9/14 4:45 PM 902 PENMAR AVE SE Police Info Simple Assault / 5/16/14 10:06 AM 902 PENMAR AVE SE X I ° 5/19/14 1:32 AM 902 PENMAR AVE SE Obstruction C.Phauk,Senior Analyst, RPD, 1/7/15 ,� �- � � R ',EIVED JAN 12 2015 ern Ur+iOANOKE PLANNING BUILDING& DEVELOPMENT 1/14/2015 Re:902 Penmar Application/Epic Market From:Skip.Decker<Skip.Decker@roanokeva.gov> To:Duane Howard<starcityfyer©aol.com> Cc:Sherman.Slovall<Sherman.Stovall@roanokeva.gov>;Oaniel.Callaghan c Daniel.CallaghanggRoanokeVa.gov> Subject:Re:902 Penmar Application/Epic Market Date:Mon.Dec 29,2014 8:48 am Mr. Howard, Merry Christmas & Happy Mew Year] The city of Roanoke's Solid Waste Management Division of Public Works wishes to respond to your request that you had initiated on December 19th, concerning the property located at 902 Penmar Ave. From previous emails, we understand that our City Attorney , Mr. Daniel Callaghan had given you an initial response on December 23rd. Looking back through our records we find the following situations that have been addressed by Solid Waste Management: May 21, 2004 Big Blue inventoried 1035521 August 9, 2006 Big Blue inventoried T035521 September 17, 2009 Big Blue missed via trash collection December 17, 2009 Big Blue missed via trash collection August 6, 2014 - Meeting was held with Ahmed Elsayed , Billy Basham and Paul Shull regarding Solid Waste Management issues. Big Blue Container A000860 was inventoried and a recommendation to purchase a second container was made. August 6, 2014 - Suite Response issue ESPY-MQP53 was made for a Purchase container. August 26, 2014 Purchase container was delivered by Paul Shull (KR000069) September 2, 2014 Suite Response issue EEPY-MQPS3 was closed. No further action is recorded or is reflected at this time by Solid Waste Management. Thank you Skip Skip Decker Division Manager - Solid Waste Management City of Roanoke 540.853.6848 From: Duane Howard <starcityflyer@aol.com> To: planning(droanokeva.gov, dan.webbgroanokepo , Ski D.Decker@roanokeva.goy, Stephanie.moon(4rcanokeva.gov, Chris.perkinstaroanokeva.Eov, Cc: Acollier19690gmail.com, markdouglasnowell(ahotmail.com, ltefarn8aol.corn, metro615 @hotmail corn, dallas(dpowmarcam.com, alvindavis820Yahoo.corn Date: 12/19/2014 07:44 PM Subject: 902 Penmar Application / Epic Market To all concerned: After winning this issue in opposing any proffers from being lifted on this property for the sale of alcohol last year before city council, they have once again filed application to have said proffers lifted. This is coming before the Planning Commission on January 12, 2015. Mr. Alvin Davis lives just houses down the Street from this location. He has constantly pointed out the trash problems to me that we have reported to code. I see no reflections of any notice on this issue in the code file. Does Waste Management maintain separate records on issue reported to them? If so, would appreciate those records being made available to me prior to this hearing. Below are a couple of violations, that if I am interpreting them correctly, shows once again, this business has proven it is not a good neighbor and should not be allowed to be trusted to sell alcohol. E. Duane Howard https://mail.aol.com/38890-111/aol-6/errus/mail/PrintMessage.aspx 1/3 1/14/2015 Re:902 Penmar Application/Epic Market 4/22/2014 Approved with comments DC Comments: Per Section 36.2-664(a): Zoning permits for signs. It shall be unlawful for any person to erect, I install, structurally alter, modify, relocate, or replace any sign or sign structure without first obtaining a zoning' 1 permit. Please visit the City of Roanoke Permits Center located at 215 Church Ave SW to obtain the required permit I for the signs on the property. (1011) Required: No Approved: No 1 5/7/2014 Denied with comments DC Comments: Not in compliance. Summons requested. l 5/16/2014 Denied with comments DC Comments: The property owner painted the wall after talking to Permits Center personnel about the issue. I 1 l https://mail.aol.com/38890.111/aol-6/en-us/mail/PrintMessage.aspx 2/3 1/14/2015 Re:902 Penmar Application/Epic Market From:Skip-Decker<Skip.Decker@roanokeva.gov> To:Duane Howard<starcityfyerggaol.corn> Cc:Sherman.Stovall<Sherman.Stovall @roanokeva.gov>;Daniel.Callaghan<Daniel.Callaghan@RoanokeVa.gov> Sublets:Re:902 Penmar Application/Epic Market Date:Mon,Dec 29,2014 8:48 am Mr. Howard, Merry Christmas & Happy New Yearl The city of Roanoke's Solid Waste Management Division of Public Works wishes to respond to your request that you had initiated on December 19th, concerning the property located at 902 Penmar Ave. From previous emails, we understand that our City Attorney , Mr. Daniel Callaghan had given you an initial response on December 23rd. Looking back through our records we find the following situations that have been addressed by Solid Waste Management: May 21, 2004 Big Blue inventoried 7035521 August 9, 2006 Big Blue inventoried 1035521 September 17, 2009 Big Blue missed via trash collection December 17, 2009 Big Blue missed via trash collection August 6, 2014 - Meeting was held with Ahmed Elsayed , Billy Basham and Paul Shull regarding Solid Waste Management issues. Big Blue Container A000860 was inventoried and a recommendation to purchase a second container was made. August 6, 2014 - Suite Response issue EEPY-MQPS3 was made for a Purchase container. August 26, 2014 Purchase container was delivered by Paul Shull (KR000069) September 2, 2014 Suite Response issue EEPV-MQPS3 was closed. No further action is recorded or is reflected at this time by Solid Waste Management. Thank you Skip Skip Decker Division Manager - Solid Waste Management City of Roanoke 540.853.6848 From: Duane Howard <starcitvflyer@aol.com> To: planning(droanokeva.gov, dan.webb @roanokegov.com, Skip.Decker(droanokeva.gov, Stephanie.moonPrcanokeva.gov, chris.oerkinsl3roanokeva.gov, Cc: Acoilier19690gmail.cam, markdauglaspowellphotmail.com, ltgfarmPaol.com, metro6150hotmail.com, dallas(loowmarcom.com, alvindavisn)j8vahoo.com Date: 12/19/2014 07:44 PM Subject: 902 Penmar Application / Epic Market To all concerned: After winning this issue in opposing any proffers from being lifted on this property for the sale of alcohol last year before city council, they have once again filed application to have said proffers lifted. This is coming before the Planning Commission on January 12, 2015. Mr. Alvin Davis lives just houses down the Street from this location. He has constantly pointed out the trash problems to me that we have reported to code. I see no reflections of any notice on this issue in the code file. Does Waste Management maintain separate records on issue reported to them? If so, would appreciate those records being made available to me prior to this hearing. Below are a couple of violations, that if I am interpreting them correctly, shows once again, this business has proven it is not a good neighbor and should not be allowed to be trusted to sell alcohol. E. Duane Howard https://mail.aol.com/38890-111/aol-6/en-us/mail/PrintMessage.aspx 1/3 01) Epic Market Hearing for January,14, 2014 RECEIVED JAN 06 2014 „Av5 CITY OF ROANOKE PLANNING BUILDING& To: Roanoke City Planning Department DEVELOPMENT Roanoke City Planning Commission Members: As I had stated in some previous emails,this amendent application sort of hit like a bombshell, right before the holidays with few having any time to delve into the depth and Implications. Only after speaking with Katharine Gray this morning have I come to have a clear understand of what is being requested and Its implications. Single sales of alcohol is certainly a unique concern, in and among itself, but the greater problem and issue here is the sale of alcohol period. It's troubling that Mr. Ahmed Y. Elsayed, in his statement before you on this issue last year on November 12, 2013 had this to say as taken from those minutes; "He stated that the alcoholic beverage,when he moved to the United State, he knew that the States are the land of free enterprise and equality, and he didn't think he would have this issue and he has three stores on the same street, and he can get his ABC License." (I think the word meant was can't). What Mr. Elsayed does not seem to realize and appreciate in his words before city council on this subject in referring the to the freedoms of this country and his implications of being discriminated against, is that the fact that we are able to have such laws and unique restriction are, in fact,what makes our country so great and why so many like him desire to come here. In his letter to you,dated August 24,2014, he writes; "we have Initiating positive lines of communication with the concerned which caused us to believe that most of their concerns could be alleviated by amending our previous application with the Roanoke city Zoning Department.After having started to collect Support Survey results,we feel confident that we will be a contributing part of SE, Roanoke community" I find his statement to be, not only troubling, but misleading and false to say the least. Alcohol is alcohol, be it sold in single sales or packs or bulk. The single sales seems to have gained it's undue negative popularity as the greatest of evils over the years as being associated with years of controversy related to the problems with the Rescue Mission Issue. I would argue that if a store were only allowed to sell single sales that would have far less damaging effect on our overall problems as opposed to selling it in packs or bulk. Think about it? Whether the person is buying a single bottle or a six pack,the six pack's or larger will lead to more consumption and intoxication and more problems than a single sale. The single sales has gained Its popularity and negative fallout since that is what we find about anything else in the homeless encampment and problems associated with transient and public intoxication. They are the most visible left overs of the problem, hence their popularity in being the problem. We don't generally find,that I can recall in our clean up of neighborhoods and alleys over the years, discarded six pack and 24 case pack container. That being said,all the neighbors and people living in the neighborhood are most likely the users or potential buyers of singles sales and this would apply to everyone convenience store on 9th Street and the entire city. So your first thought might be, well case closed lift the proffer to allow the general sale of mass packed alcohol. But doesn't this boil down to the greater problem of OUR neighborhood and all the problems and crime associated with alcohol as supported by our Police Chief? I have spent the bulk of my time through the holidays working on this issue, going through every page of the signature submitted with this application and I hear there may be hundreds more to follow. First off the pages of signature are by NO means a survey. I would respectfully ask you to consider null and void every page containing a signature that does not have an address, or is out of the affected neighborhood,for as the saying goes, "they don't have a dog is this fight" or more importantly a vested interested as the property owners and the majority of us struggling to prevent any additional factors contributing to further decay, crime, domestic abuse, drugs use and drug over dose deaths. We know we have a serious problem with rental properties here in S.E....I'm further shocked to learn how much more than I realized after going through every one of these addresses. Good stable renters are a valuable asset to the health and well being of any neighborhood. But, In S.E.we have and are attracting a very large negative portion of Roanoke's problem people associated with drugs and alcohol. These people do NOT make trips to the local convenience store to buy a 40oz bottle of beer. They are like my problem renter,alcoholic across the street who goes and comes back with the six packs or 24 packs that leads to intoxication,getting in his pickup truck in the middle of the night and flying up the street out of the neighborhood. I can't tell you how troubling it is to learn and see that the bulk of the signatures submitted in this amended application are from renters. Certainly this is not to demean, put down or discrete many a good renter, but you must take Into the consideration the problems and the area you are dealing with. I was a renter right up to the time I bought my first home here in S.E. in 2006, but what a world of difference you are dealing with here. I have selected five properties of the signatures submitted that stood out and have submitted the Police data associated with these properties. I hope these are the worst case scenarios, but they should give weight to what you must decide on here as to how it is in the best Interest of S.E., no matter if he turned in a thousand signatures. Now we must look at and be gravely concerned over the applicant's statement of wanting to be a part of the neighborhood and a supporter. In my opinion he is buying support from the now dysfunctional board of the Southeast Action Forum which the rest of the neighborhood leaders have disowned as representing S.E. The letter you have received from the SEAF Board has created a fire store no confidence in the SEAF to the degree that the rest of the neighborhood groups are now talking about a vote to dissolve the SEAF in favor and a new organization. They are being bought by the operator of Epic in offering to make donations to the SEAF. Over the course of the year we have had continuous problems and complaining about his unsightly trash piled outside the store. As with any problem landlord or business, he ONLY reacted when he was made to do so. This is not a good neighborly. He has further proven this over the issue and concern of selling drug paraphernalia. Any smart, reasonable business man,wanting what Mr. Elsayed wants would have come away from last year's hearings, having absorb concerns of the citizens and acted accordingly to achieve his goals. You must weigh the gravity of his action in his continued sales of drug pipes that he puts money over the value of human lives. He'll argue that they are legal.l He knows as well as you do what these pipes are used for. When was the last time you EVER saw anyone sitting around smoking tobacco in a thin glass pipe that was sold with a rose in it? Yet he has continued the sale of these pipes on display, in a case for all to see. Yet, he is astute and smart enough to have hidden the glass pipes behind the counter; out of sight for he knows they are the most controversial of them all for they contribute to DEATH. On Dec. 27`h. I sent someone in to see what he could obtain. Upon looking at the pipes on display, Mr. Elsayed came up to him and asked if he needed any help. John Doe said he was looking for a glass pipe. Mr. Elsayed asked if he meant the glass pipe with a rose used for smoking crack. John Doe said, no,the one with the ball like on the end. Mr. Elsayed went behind the counter and came out with said pipe in a box(missing the rose) and sold it to John Doe. The pipe is most commonly used for smoking Meth, and Crystal Meth, which is not uncommon to be associated with over dose deaths. So would you reward this businessman to be a good and trusted neighbor by selling such products to further contributed to the harmful goings on in our neighborhood in allowing him to sell alcohol? I will produce and show you this pipe at the hearing. On behalf of the greater community of concerned, responsible people of S.E.Please say no this applicant. Respectfully, E. Duane Howard Calls For Serv(ce:634 Montrose Ave SE(11/1/13.12J28/14) Call Number Date/Time Address Call Type Dlsp LPD140205012878 2/5/14 1:26 PM 634 MONTROSE AVE SE CIVIL MATTER/DISORDE S LPD140625069097 6/25/14 9:32 PM 634 MONTROSE AVE SE MALICIOUS WOUNDING/A F LPD140611063166 6/11/14 4:05 PM 634 MONTROSE AVE SE PUBLIC SERVICE/POLIC F _ LPD140613064098 6/13/14 7:57 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140403034313 4/3/14 3:03 PM 634 MONTROSE AVE SE CHILD IN NEED OF SER F 1P0140613064175 6/13/14 11:36 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN S LPD140222019327 2/22/14 7:47 PM 634 MONTROSE AVE SE MALICIOUS WOUNDING I F LPD140614064422 6/14/14 3:58 PM 634 MONTROSE AVE SE PUBLIC SERVICE/POLIC S LPD140722080379 7/22/14 10:41 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140614064568 6/14/14 10:36 PM 634 MONTROSE AVE SE CIVIL MATTER/DISORDE S LPD140723080676 7/23/14 7:20 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140613064165 6/13/14 11:05 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN S LPD131115127957 11/15/13 5:26 PM 634 MONTROSE AVE SE BURGLARY/JUST OCCURR F LPD140513050730 5/13/14 2:57 PM 634 MONTROSE AVE SE PUBLIC SERVICE/POUC S LPD140516051918 5/16/14 3:16 PM 634 MONTROSE AVE SE CHILD IN NEED OF SER F LPD140225020511 2/25/14 10:08 PM 634 MONTROSE AVE SE PUBLIC SERVICE/POLIC S LPD140420041514 4/20/14 6:07 PM 634 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140731084009 7/31/14 6:50 PM 634 MONTROSE AVE SE DISORDERLY PERSONS 0 S LPD140417040414 4/17/14 11:47 PM 634 MONTROSE AVE SE DRUG OFFENSE/SUSPECT 01 19 Total Calls •C Phauk,Senior Analyst,RPD 12/29/14 RECEIVED JAN 06 2014 /' /6p CITY OF ROANOK E PLANNING BUILDING 4 DEVELOPMENT CDC Calls For Service:32226th St SE(11/1/13-12/28/14) Call Number Date/Time Address Call Type Disp LPD140421041986 4/21/14 8:55 PM 1222 6TH ST SE DOMESTIC DISORDER IN F LPD140919103658 9/19/14 8:33 PM 1222 6TH ST SE DRUG OFFENSE/SUSPECT S LPD140422042396 4/22/14 7:49 PM 1222 6TH ST SE DOMESTIC DISORDER IN F LPD140427044515 4/27/14 10:02 PM 1222 6TH ST SE DRUG OFFENSE/SUSPECT S LPD140214016389 2/14/14 11:53 PM 1222 6TH ST SE BARKING DOG OFFENSE 5 LPD140321029440 3/21/14 9:39 PM 1222 6TH ST SE PARKING VIOLATION S LPD140925105716 9/25/14 10:11 AM 1222 6TH ST SE SUSPICIOUS ACTIVITIE S LPD140926106291 9/26/14 8:16 PM 1222 6Th ST SE SUSPICIOUS ACTIVrnE S LPD140315027224 3/15/14 9:38 PM 1222 6TH ST SE DRUG OFFENSE/SUSPECT S LPD140408036284 4/8/14 10:02 AM 1222 6TH ST SE PUBUC SERVICE/POLIO 01 LPD140907099086 9/7/14 4:21 PM 1222 6TH ST SE PARKING VIOLATION S LPD140908099280 9/8/14 10:10 AM 1222 6TH ST SE PARKING VIOLATION S LPD140913101484 9/13/14 8:41 PM 1222 6TH ST SE PARKING VIOLATION S LPD140913101505 9/13/14 9:37 PM 1222 6TH ST SE DRUG OFFENSE/SUSPECT F LPD140421041981 4/21/14 8:44 PM 1222 6TH ST SE PARKING VIOLATION S LPD140301021977 3/1/14 11:37 PM 1222 6TH ST SE PARKING VIOLATION S 16 Total Calls Calls For Service:684 Montrose Ave SE(11/1/13-12/28/14) Call Number Date/Time Address Call Type Dlsp LPD141124127452 11/24/14 7:06 PM 684 MONTROSE AVE SE PUBLIC SERVICE/POLIC S LPD140825093974 8/25/14 11:22 PM 684 MONTROSE AVE SE SUSPICIOUS ACTIVITIE S LP0140730083334 7/30/14 3:27 AM 684 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140702071733 7/2/14 12:06 AM 684 MONTROSE AVE SE FRAUD/LEAVING WITHOU F EPD140507048042 5/7/14 12:24 AM 684 MONTROSE AVE SE DOMESTIC DISORDER IN F EPD140509049083 5/9/14 4:40 PM 684 MONTROSE AVE SE ANIMAL AT LARGE-SP S LPD140516051911 5/16/14 2:55 PM 684 MONTROSE AVE SE LARCENY JUST OCCURRE F LPD140507048049 5/7/14 1:00 AM 684 MONTROSE AVE SE PROPERTY DAMAGE SUSP S 1P0141215134611 12/15/14 1:43 PM 684 MONTROSE AVE SE MALICIOUS WOUNDING/A F EPD141215134572 12/15/14 11:32 AM 684 MONTROSE AVE SE CIVIL MATTER/DISORDE F 10 Total Calls 'C.Phauk,Senior Analyst RPD 12/29/14 / / T Paofk• )}tc.I J u b g L{ $u;I -g-- RECEIVED JAN 06 2014 , .y5/�'YJ CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Cam For Service:1222 6th St SE(1/1/12-10/31/13) Call Number Date/Time Address Call Type Dlsp LPD121224150379 12/24/12 11:32 AM 1222 6Th ST SE BURGLARY IN PROGRESS S LPD130309025419 3/9/13 1:34 AM 1222 6Th ST SE PUBUC SERVICE/POLIC S LPD130326032213 3/26/13 1:51 PM 1222 6Th ST SE PUBLIC SERVICE/POLIC 01 LPD130416040910 4/16/13 10:02 PM 1222 6TH ST SE BARKING DOG OFFENSE $ LPD130425044440 4/25/13 5:33 PM 1222 6Th ST SE ANIMAL AT LARGE-SP S LPD130912103629 9/12/13 9:16 PM 1222 6Th ST SE SUSPICIOUS ACTIVITIE S LPD130918105688 9/18/13 12:22 AM 1222 6TH ST SE TRESPASSING/REFUSING S 1PD130923108050 9/23/13 7:15 PM 1222 6TH ST SE BARKING DOG OFFENSE S LPD131010114775 10/10/13 2:13 AM 1222 6Th ST SE SUSPICIOUS ACTNITIE 5 9 Total Calls C Phauk,Senior Analyst,RPD 12/30/14 f11441 ' L cci Calls For Service:705 Montrose Ave SE(11/1/1342/28/14) Call Number Date/Time Address Call Type Disp LPD140805085932 8/5/14 11:27 AM 705 MONTROSE AVE SE WANTED PERSON/SUSPEC S LPD140310025181 3/10/14 6:23 PM 705 MONTROSE AVE SE WANTED PERSON/SUSPEC F LPD140530057807 5/30/14 6:35 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE S LPD140701071459 7/1/14 2:23 PM 705 MONTROSE AVE SE INDECENT EXPOSURE IN S LPD140304022895 3/4/14 9:24 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE 5 LPD140703072513 7/3/14 8:10 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE S LP0131206135456 12/6/13 10:10 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE S LPD140327031722 3/27/14 11:24 PM 705 MONTROSE AVE SE LOUD MUSIC S LPD131208135978 12/8/13 12:50 PM 705 MONTROSE AVE SE ANIMAL NEGLECT-INA S LPD140404034809 4/4/14 6:31 PM 705 MONTROSE AVE SE LARCENY PAST OFFENSE F LPD140303022513 3/3/14 4:56 PM 705 MONTROSE AVE SE WANTED PERSON/SUSPEC S LPD140406035445 4/6/14 12:11 AM 705 MONTROSE AVE SE MALICIOUS WOUNDING/A F LPD131218139407 12/18/13 5:15 PM 705 MONTROSE AVE SE DISORDERLY PERSONS 0 F LPD131129132732 11/29/13 8:45 AM 705 MONTROSE AVE SE MALICIOUS WOUNDING/A F LPD140406035512 4/6/14 3:39 AM 705 MONTROSE AVE SE PUBLIC SERVICE/POLIC S LPD140506047721 5/6/14 9:59 AM 705 MONTROSE AVE SE PROPERTY DAMAGE SUSP F LPD140725081390 7/25/14 4:46 PM 705 MONTROSE AVE SE VEHICLE ACCIDENT/NO F LPD140829095427 8/29/14 5:42 PM 705 MONTROSE AVE SE DOMESTIC DISORDER IN 5 LPD140112003922 1/12/14 2:32 AM 705 MONTROSE AVE SE LOUD MUSIC S LPD140517052127 5/17/14 12:36 AM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE S LPD140117006044 1/17/14 7:23 PM 705 MONTROSE AVE SE ABANDONED VEHICLE/PA F LPD140623068212 6/23/14 10:19 PM 705 MONTROSE AVE SE DISORDERLY PERSONS 0 5 LPD140117006090 1/17/14 9:03 PM 705 MONTROSE AVE SE WANTED PERSON/SUSPEC S LPD140503046798 5/3/14 8:28 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE 5 LP0140329032541 3/29/14 11:00 PM 705 MONTROSE AVE SE DRUNK PERSON/SUSPECT F LPD131216138788 12/16/13 10:23 PM 705 MONTROSE AVE SE LOUD MUSIC 5 LPD140715077225 7/15/14 7:29 AM 705 MONTROSE AVE SE LARCENY PAST OFFENSE 5 LPD140624068265 6/24/14 1:43 AM 705 MONTROSE AVE SE DRUNK PERSON/SUSPECT 5 LPD140202011851 2/2/144:11 PM 705 MONTROSE AVE SE SUSPICIOUS ACTIVITIE F LPD140119006555 1/19/14 12:49 AM 705 MONTROSE AVE SE PUBLIC SERVICE/POUC 01 LPD140611063326 6/11/14 11:16 PM 705 MONTROSE AVE SE DISORDERLY PERSONS 0 S LPD140802084682 8/2/14 1:30 PM 705 MONTROSE AVE SE CIVIL MATTER/DISORDE S LP0140625068833 6/25/14 12:53 PM 705 MONTROSE AVE SE PUBLIC SERVICE/POLIC S LPD140204012603 2/4/14 4:55 PM 705 MONTROSE AVE SE MALICIOUS WOUNDING/A S LPD140119006589 1/19/14 2:42 AM 705 MONTROSE AVE SE DOMESTIC DISORDER IN F LPD140417040126 4/17/14 11:39 AM 705 MONTROSE AVE SE PUBLIC SERVICE/POLIC F LPD140628070435 6/28/14 11:00 PM 705 MONTROSE AVE SE MALICIOUS WOUNDING/A S LPD131120129815 11/20/13 5:54 PM 705 MONTROSE AVE SE ANIMAL AT LARGE-SP S LPD140416039726 4/16/14 1:08 PM 705 MONTROSE AVE SE WANTED PERSON/SUSPEC S LPD140506047718 5/6/14 9:42 AM 705 MONTROSE AVE SE PUBLIC SERVICE/POUC S 40 Total Calls 'C.Phauk,SenforAna/ysc RPD 12/29/14 RECEIVED JAN 06 2014 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT ( 9-) Calls For Service:1141 Penmar Ave SE(11/1/13.12/28/14) Call Number Date/Time Address Call Type Disp LPD140727082120 7/27/14 9:34 AM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LPD131116128281 11/16/13 4:03 PM 1141 PENMAR AVE SE DISORDERLY PERSONS 0 F LPD140727082175 7/27/14 1:09 PM 1141 PENMAR AVE SE MALICIOUS WOUNDING/A S LPD141018114028 10/18/14 2:50 AM 1141 PENMAR AVE SE DISORDERLY PERSONS 0 S LPD141025116758 10/25/14 5:11 PM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LPD140619066561 6/19/14 9:03 PM 1141 PENMAR AVE SE DRUNK PERSON/SUSPECT F LPD140522054355 5/22/14 6:13 PM 1141 PENMAR AVE SE THREATS/OBSCENE PHON S LPD140707074268 7/7/14 10:16 PM 1141 PENMAR AVE SE MALICIOUS WOUNDING/A F LPD141201129869 12/1/14 9:19 PM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LP0140611063084 6/11/14 1:20 PM 1141 PENMAR AVE SE THREATS SUSPECT(S)0 S LPD140522054315 5/22/14 4:44 PM 1141 PENMAR AVE SE SUSPICIOUS ACTIVITIE S 19E1141025116809 10/25/14 7:03 PM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LPD141203130442 12/3/14 3:50 PM 1141 PENMAR AVE SE DISORDERLY PERSONS 0 S LPD140829095574 8/29/14 11:56 PM 1141 PENMAR AVE SE LOUD/UNUSUAL NOISE S LPD140611063063 6/11/14 12:34 PM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LPD141025116786 10/25/14 6:18 PM 1141 PENMAR AVE SE DISORDERLY PERSONS 0 S LPD140830095576 8/30/14 12:07 AM 1141 PENMAR AVE SE NUISANCE/SUSPECT/S/ 5 LPD131230143294 12/30/13 7:05 PM 1141 PENMAR AVE SE TRESPASSING/REFUSING S LPD140331032989 3/31/14 4:40 AM 1141 PENMAR AVE SE SUSPICIOUS ACTIVITIE S LPD140203012041 2/3/14 3:43 AM 1141 PENMAR AVE SE UNKNOWN CELL911 CALL S LPD131101123290 11/1/13 10:57 PM 1141 PENMAR AVE SE SUSPICIOUS ACTIVITIE S LPD141101119437 11/1/14 7:55 PM 1141 PENMAR AVE SE DOMESTIC DISORDER IN F LPD140529057044 5/29/14 12:30 AM 1141 PENMAR AVE SE NUISANCE/SUSPECT/S/ S LPD141226138539 12/26/14 11:58 PM 1141 PENMAR AVE SE _SUSPICIOUS ACTIVITIE S 24 Total Calls 'C.Phouk,Senior Analyst,RPD 12/29/14 RECEIVED JAN 06 2014 ./��,.,, CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Page 1 of 1 tsS!! 902 Penmar Application/Epic Market Duane Howard to: planning,dan.webb,Skip.Decker,Stephanie.moon,chris.perkins 12/19/2014 07:44 PM Cc: Acollierl969,markdouglaspowell,Itgfarm,metro6l5,dallas,alvindavis82 Hide Details From:Duane Howard<starcityflyer @aol.com>Sort List... To:planning @roanokeva.gov,dan.webb@roanokegov.com,Skip.Decker @roanokeva.gov,Stephanie.moon@roanokeva.gov, chri s.perkins @roanokeva.gov, Cc:Acollierl969 @gmail.com,markdouglaspowell @hotmail.com,Itgfarm @aol.com,metro615 @hotmail.com, dallas @powmarcom.com,alvindavis82 @yahoo.com Security: To ensure privacy,images from remote sites were prevented from downloading.Show Images History:This message has been forwarded. To all concerned: After winning this issue in opposing any proffers from being lifted on this property for the sale of alcohol last year before city council,they have once again filed application to have said proffers lifted. This is coming before the Planning Commission on January 12,2015. Mr.Alvin Davis lives just houses down the Street from this location. He has constantly pointed out the trash problems to me that we have reported to code. I see no reflections of any notice on this issue in the code file. Does Waste Management maintain separate records on issue reported to them? If so,would appreciate those records being made available to me prior to this hearing. Below are a couple of violations,that if I am interpreting them correctly,shows once again,this business has proven it is not a good neighbor and should not be allowed to be trusted to sell alcohol. E.Duane Howard 4/22/2014 Approved with comments DC Comments: Per Section 36.2-664(a):Zoning permits for signs.It shall be unlawful for any person to erect,install, structurally alter,modify,relocate,or replace any sign or sign structure without first obtaining a zoning permit. Please visit the City of Roanoke Permits Center located at 215 Church Ave SW to obtain the required permit for the signs on the property. (1011) Required:No Approved:No 5/7/2014 Denied with comments DC Comments: Not in compliance.Summons requested. • 5/16/2014 Denied with comments DC Comments: The property owner painted the wall after talking to Permits Center personnel about the issue. • file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\—web7273.htm 1/13/2015 ' 'A, ■ I f' �� r '� 1 v i r 4iiiiiin_`4,1w 'J �I f j \i. T . • Ji! a .wn. . -. . '-�, �. �'r� Qum � t., s it„.,. . r� •_ a • . -• MF.- ; . ;I i ,� .f,il A .4',;,/ ',• 4. N A •„,,, ,,,...„-• . , ,... ...... . . . _,..,.... _ I ♦•f — i M • f • s t 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 elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2015 Tina Miller 52 Liberty Lane Natural Bridge, Virginia 24578 Dear Ms. Miller: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street, S. E., which is not consistent with the H-1 Guidelines, was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 20, 2015. Based upon your request, and the concurrence of the Chairman of the Architectural Review Board, the matter was remanded to the City of Roanoke Architectural Review Board for reconsideration at its meeting on Thursday, February 12, 2015. Sincerely, \rn,ate , t lam Stephanie M. Moon Rey M City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF _ Portend COA P-10053 ) PETITION FOR APPEAL Liberry 1b11 Ateern GS 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): LI 11 (Ty H-i t ?rc; erhec l 11-C 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 3u1 Marie Srree- St . Ra& ote, uA atiehI 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: 14 I 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 11 /13/-31; 114 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): 3tc . 2., 330 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Arne meld /%053 o weevo deu;ahons -from approved min' ' Az crvn7 -ktciry arch £n€f A✓pnut: 8. Grounds for appeal: The ARB denial is not based on building codes but on aesthetics. The balcony was locally crafted using a National Registered Historic Property in downtown Roanoke as a model. The balcony is smaller than the original proposal therefore less intrusive. The unique architectural features of the building are the arched window lintels along the front and sides which Is reflected in the curved design of this balcony. To remove and replace this balcony would cause significant damage to the building by removing the embedded anchors, puts an undue hardship on the owner, and yields very little aesthetic change. 9. Name, title, address and telephone number of person(s) who wi ©� ll ��� represent the Petitioner(s) before City Council: ira /77i//et t i s tie :y kd. NA-ntr4, "Rudy, VA &VS7( s1vv-34-M/92 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 l� applicable: wi c 71 JJ__, ,' i Name: Name: �r"C print or type) (print or type) Name: Name: or type) (print or type) TO BE COMPLETED BY CITY CLERK: G rv� Date: \ D4 Received by'. e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 20, 2015 Subject: Appeal of a decision of the Architectural Review Board at its meeting of November 13, 2014, denying the request to amend the previously approved Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street S.E., which is not consistent with the H-1 Guidelines. Background The subject property at 301 Market Street S.E. is located within the H-1 Historic Downtown Overlay District. The H-1 Architectural Design Guidelines (Guidelines) adopted by the Architectural Review Board (ARB), and endorsed by the City Council provides recommendations on exterior alterations of the buildings. The ARB utilizes the Guidelines during its monthly meetings to consider applications related to alterations, additions and new constructions within the established Historic Districts. EXHIBIT "A" (Application for Certificate of Appropriateness in H-1 Historic District) On March 1 9, 2014, Liberty Hill Properties submitted an application for a Certificate of Appropriateness for the building alterations proposed at 301 Market St. S.E. EXHIBIT "B" (Staff report to ARB, April 10, 2014) On April 10, 2014, the ARB reviewed the Certificate of Appropriateness application, considered the applicants proposal and the staff report presented. The application included the following proposals at 301 Market Street S.E.: 1 - Remove an existing double-hung wood window and install a pair of doors accessing a balcony facing Kirk Ave. as per the elevation drawings and railing detail submitted. 2- Infill the rear-most existing window opening facing Kirk Ave. with glass block. The opening is partially obscured by the Center in the Square walkway. 3- Install a bracket-mounted lantern light fixture adjacent to the existing rear door on the Kirk Ave. elevation, which will serve as the entrance to the residential unit. The fixture will match the existing fixture on the front of the building. 4- Install a standing seam metal canopy over the existing door facing Kirk Ave. The existing painted wall sign will be preserved and retained. 5- Construct a rooftop addition consisting of a stair shaft and pedestrian deck. 6- Install decorative bollard on Kirk Ave. to protect the proposed lantern fixture and door canopy. EXHIBIT "C" (ARB Meeting Minutes of April 10, 2014) Historically, balconies are not a design element commonly used within the H-1 Historic District. The ARB discussed the design of the balcony as proposed and expressed its concerns about the style and design of some of the balcony sample photos used in the application packet submitted by the applicant. The proposed plans reflected a rectangular balcony with straight spindles. The applicant responded to the Board comments and noted that the proposed metal balcony was 3 feet wide with ornamental brackets. After a general discussion about the proposed project, the ARB granted a Certificate of Appropriateness requested by Liberty Hill Properties. Building Permit Activities: EXHIBIT "D" (Permit Application for Zoning & Building) On April 26, 2014, an application for a building permit was submitted by the applicant for: A residential loft on the second floor of the Agnew Seed building. EXHIBIT "E" (Permit Application for Zoning & Building) On April 27, 2014, a building application was submitted by the applicant for: • Installation of exterior doors and a metal balcony on the upper floor. • Add a canopy over the doorway on the lower level. The submitted application packet included an approved COA 140053 and the approved City right-of-way encroachment for the rear door canopy. EXHIBIT "F" (Plan Review Approval) 2 On June 17, 2014, building permit B140530 was approved for the proposed work. EXHIBIT "G" (Memorandum from Planning & Development) On June 27, 2014, the applicant secured a City right-of-way encroachment permit for the second floor balcony, canopy and the bollards along Kirk Ave. EXHIBIT "H" (E-mail: Parviz Moosavi, City Planner to Frederick Gusler, Sr. Planner) On October 15, 2014, the Planning staff conducted an Historic Review Inspection formally requested by the applicant to obtain a Certificate of Occupancy. Upon such inspection the following items were found not in compliance with the approved Certificate of Appropriateness: 1 - Second floor balcony installed did not match the approved COA plans that reflected vertical, straight, spindles, and curved spindles were installed. 2- The canopy above the entry at Kirk Ave. was not installed. 3- The bollards at the entry on Kirk Ave. were incomplete. 4- The light fixture next to the entry on Kirk Ave. did not exactly match the existing light fixture at main entry to the building on Market Street. 5- The glass block shown on the approved COA plans for the second floor window were not installed. Following such event, the applicant was contacted and advised of the failed inspection. All of the items above were addressed with the exception of Item 1 related to the balcony. EXHIBIT "I" (Print out of the inspection for Permit # B 1401 50) Final Historic Compliance was not signed off by Frederick Gusler, due to the items stated in Exhibit "H". EXHIBIT "J" (Application for Certificate of Appropriateness in H-1 Historic District) On October 27, 2014, a Certificate of Appropriateness application was submitted by the applicant. The project description stated: Amend Certificate # COA 140053, to substitute in-place balcony configuration to that shown on previous application. EXHIBIT "K" (ARB Meeting Minutes) At its November 13, 2014, meeting, the ARB discussed this item in detail, considered the applicant's proposal, the Design Application Review Committee 3 (DARC) comments and staff recommendation and found that the application was not consistent with H-1 Architectural Design Guidelines. The ARB expressed concerns about the size, style, and supporting details of the installed balcony that appeared more imposing than the approved plans by the ARB. The ARB considered the applicable H-1 Design Guidelines, including the following: • Consider the building's original features when adding a balcony. EXHIBIT "L" (Letter sent to Liberty Hill Properties) On November 14, 2014, a letter was sent to the applicant stating that the request for amending COA 140053 to approve deviations from the approved 2nd floor balcony facing onto Kirk Ave. at 301 Market St. S.E. and a Certificate of Appropriateness was denied. The following is extracted from the ARB meeting Minutes of November 13, 2014: Architectural Review Board Minutes November 13, 2014, Page 10 Item 7: Request to revise a previously approved COA 140053 to include an alternative 2nd floor metal balcony spindles design facing Kirk Avenue at 301 Market Street, S.E. Mr. Larry Degen, Degen Architects, said they came in April for an addition of a balcony when it was converted to a residential unit He said the fabricator wanted to be a little different and it ended up looking different than what was drawn in the plans. He said they wanted to revise the Certificate of Appropriateness to include the new balcony configuration. Mr. Cundiff asked for public comments and there were none. He asked for staff comments. Mr. Gusler said the minutes did not reflect specific language about the design. He said in the Design Application Review Committee (DARC) meeting a comment was made that the drawings were inconsistent with the photographs. He said the current design was not in keeping with the district. He said there were few balconies in the district and they were more like the one in drawing and not in the picture. He said the balcony did not mimic anything on the building before. He staff supported the application as it was. Mr. Cundiff asked for Board comments. Ms. Dykstra said what was there looked larger than the drawings before. Mr. Degen said the balcony was the same size but optically looked larger. 4 Mr. Cundiff asked if the original balcony had the same radius. Mr. Degen said no, it was rectangular. Ms. Coffield asked if the balcony was designed for two people. Mr. Degen said it was 40 inches to the outer radius and now it was 43 inches to the outside edge of the furthest point. Mr. Copeland said the mounting hardware did not look correct. Mr. Degen said they did not use what was in the plan. Ms. Coffield said her concern was if the Board approved the balcony they would be opening the door for similar balconies. Mr. Degen said he agreed. He said he was told by staff that it was an individual case. Mr. Cundiff said Mr. Degen was in a position to establish a precedence downtown. Mr. Degen said there was no other balconies like it in the Market area but were similar designs at the Row by the Rail. Mr. Copeland said the balcony looked like something in New Orleans with more flair then the balcony in the first drawing. He said it did not represent the area. Mr. Cundiff said the current balcony was more imposing. Mr. Degen said part of that was the angle the photographs were taken. He said he agreed it was a different animal than what they drew. Ms. Dykstra said it was more imposing and not what the Board approved. Mr. Fulton said the balcony looked larger and more imposing. He said the curved rails added insult to injury. Mr. Cundiff said the original design was very appropriate. Mr. Copeland made a motion to approve the application. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0-5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 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, it's 5 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-1 Guidelines for balconies are relevant to consideration of this application. Staff and the ARB cited the following specific section: • Consider the building's original features when adding a balcony. EXHIBIT "M" (Appeal received by the City Clerk, Monday, November 24, 2014) On Monday, November 24, 2014, a Petition to Appeal was filed in the City Clerk's Office by Tina Miller, in connection with a decision of the Architectural Review Board at its meeting of November 1 3, 2014, denying the request to amend the previously approved Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street S.E., which is not consistent with the H-1 Guidelines. Recommendation The Architectural Review Board recommends that the City Council affirms its decision to deny the issuance of a Certificate of Appropriateness to maintain the second floor metal balcony already installed facing Kirk Ave. S.E. at the building located at 301 Market St. S.E. $124aDerek 0g--> n iff, Chair Architectural Review Board cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator Frederick Gusler, City Planner Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Tina Miller, Liberty Hill Properties Larry W. Degen, Degen Architects PC Enclosure: COA 140053 and COA 140211 6 EXHIBIT "A" (Application for Certificate of Appropriateness in H-1 Historic District) H-1, Historic Downtown Overlay District Application for Certificate of Appropriateness W es, Date of Application 119 March 2014 ROA N O K E Site Address [301 Market Street SE,Roanoke,VA Property Owner. Name: (Liberty Hill Properties Address: 152 Liberty Lane City: [Natural Bridge State: IVA Zip Code: [24578 Phone Number: +1 (540)460-2293 E-Mail: kmiller@walkaboutoutfitter.com Owners Representative(if applicable): Name: [Larry W Degen,Degen Architects PC Address: IP°Box 20183 City: !Roanoke State: IVA Zip Code: [24018 Phone Number: I +1 (540)772-0800 E-Mail: degenarch @gmail.com Application prepared by:[Larry W Degen Project Type: r Painting (— Lighting IX Awnings and Canopies (— New Construction (— Signs f— Windows and Doors f— Storefront I— Roof,Cornice or Parapet (— Demolition V Other: [roof deck&penthouse, balcony *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibi(itT 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:[LW Degen for Kirk&Tina Miller Date: 119 March 2014 Section Below to be Completed by Staff Certificate Number. ! Approval By: RB I— Agent Other approvals needed: Tax Parcel Number. 'JO 11 3 j ( r ning Permit f— 8 Planning Com issionnR 1t Building Permit IVOtherij (X� �7 Base Zoning District: 1 Agent,Architectural Review Board: I Date: Member,Architectural Review Board: ( Date: Form updated 12/11 Page 2 of 3 H-1, Historic Downtown Overlay District Detailed Project Description ROANOKE Site Address: 1301 Market Street 5E,Roanoke,VA Property Owner: (Liberty Hill Properties In an effort to participate in the increase of residential occupancies in the downtown area,we have planned to convert the upper level of the building,formerly"Agnew Feed and Seed",to an apartment unit. The Interior improvements will be included in the first phase of the project. To accomplish this end,we are including the following proposed exterior improvements. This will provide a separate,street level entrance for the upper level 11 residence,provide the residence with exterior space in the form of a rooftop deck and will provide a more direct interaction with the street activity for the upper level with a balcony. The private entrance would best be served by providing exterior security lighting and a canopy over the door for inclement weather. One existing window, the rear-most along Kirk Avenue is partially blocked by the adjacent Center in the Square crosswalk,which will serve a bathroom in the new residence,is shown to receive glass masonry units,as the obstruction of the crosswalk •bscures any substantial view,as well as to provide perceived privacy In the bathroom while still supplying natural light. 1. Add a rooftop penthouse(for a spiral stairway)and a pedestrian deck,directly adjacent to penthouse and deck on neighboring property rooftop. (Refer to aerial view for location of existing penthouse/deck on adjacent rooftop). Project 2.Expand an existing window masonry opening,install a pair of doors(to match existing main entrance doors)and Description: install a decorative metal balcony(approximately 8'-0"X 3'-0")on the Kirk Avenue elevation. (See exterior Elevations,as well as photographs of other balconies located in Downtown Roanoke and Downtown Lexington). 3.Infill the rear-most existing window masonry opening on the Kirk Avenue elevation with glass masonry units. his opening Is currently partially obstructed by the overhanging Center in the Square walkway spanning Kirk Avenue. (Refer to photographs of the subject opening and of other GMU infills on 302 Market Street building). 4. Install a period,bracket-mounted"lantern"light fixture adjacent to the existing rear door,on the Kirk Avenue elevation,which will serve as the entrance to the upper level residential space. The fixture will match the existing fixture suspended over the building main entrance. (Refer to photograph of existing light fixture). 5. Install a standing seam metal canopy over the existing rear door,on the Kirk Avenue elevation,which will serve as the entrance to the upper level residential space.(Refer to photograph of existing canopies on adjacent buildings along Kirk Avenue). 6. Install period decorative bollards on the Kirk Avenue elevation,to protect the proposed lantern fixture and door canopy at the rear door. 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'WI'. 1 tie t•-•-' , r. .Sr.! • ,IMINIIINI, • _..l• ,: 100r-. P ' I kh...,-,1 1, , .t ,.. . ...,......:_.. .,.. ...___ __.... ., 0• • CL''-'3"--1 . • i .... ., ''4 1.4( -......,......... 4 , ...._-- . . 1 '-, ,..„.....„.. ri,,,,r., .t.':! ''. ...' :..'.,..l.:, ---,1'.1...„, Fl ° .It: , ,...,...,,..„,,,,,,.:., i . „., ,..., ,,,,, ,,. .., ... I-- ■:-..- , . ..........._____ .--. . 0 , . . .Y AN' . .V.X „.., f,'”' k. ' ••'N—„,..._ „ht., . -1/4. . . .J 9, r't U.I ILI . ... . II i ILU ' ,1.... , ';•:" • tin"... if ' • 1.' ' i"- '-- r; .''. f ' 1:''' '. • ! I ..b. 61 . Page 1 of 3 Re: Preliminary Comments for ARB Meeting on April 10th Larry Degen to: Jillian.Papa.Moore 04/04/2014 02:19 PM Hide Details From: Larry Degen <degenarch @gmail.com?. To: Jillian.Papa.Moore®roanokeva.gov, 3 Attachments L. . SeedLoftElevations.pdf SightlineDrawing.pdf SeedLoflRearEnt.JPG Thank you for your attention to this matter. 301 Market Street: We have attached a PDF of a street profile drawing, showing the sight line from directly adjacent to the building across the street. Please note that, since our earlier submittal, the spiral stairway to the roof has been relocated, moving it even further from the front of our building. This drawing reflects the change. The window in the penthouse will be a wood double-hung unit,pine interior,primed exterior, as provided by Andersen Windows or equal. the window will be painted to match the windows on the elevation of the building. The door in the penthouse will be a full-glass wood door,pine interior, primed exterior, as provided by Andersen Window, or equal. We can provide a PDF of the Andersen product catalog if needed. The penthouse will be 10'-0" above the roof deck elevation at it's highest point, with the exterior clad with composite lap siding"boards", to simulate wood siding. The penthouse roof will be standing seam metal roofing. The railings on the perimeter of the rooftop deck will be ornamental metal, matching the balcony railing. The railings proposed for the balcony are to be decorative metal fabrication, as detailed on our elevation drawing sheet. We included photographs of a number of examples of existing balconies located in Roanoke and Lexington, for illustration purposes only. The arched canopy was selected to coordinate with the "arched" lettering of the signage above the existing doorway. We have located the canopy as high as possible,to the underside of the window sill, to avoid the existing lettering as much as possible. See the photograph of this entrance and signage for reference. We will apply for encroachment permits prior to building permit application for the work included in this application. 302 Market Street: We intend to install a fixed wood retrofit window unit,to match the masonry opening size, with pine interior and primed wood exterior. The exterior will be painted to match the existing window frame directly around the corner of this building. file://C:\Users\PLJP 1\AppData\Local\Temp\notesE 1 EF341—web3263.htm 04/05/2014 Page 2 of 3 We hope that this information answers your questions regarding these matters. On Wed, Apr 2, 2014 at 11:50 AM,<Jillian.Pana.Moore(ciroanokeva.gov-' wrote: Larry, Please be advised that the Certificate of Appropriateness you submitted for the properties located at 301 and 302 Market Square, S.E. will be heard by the Architectural Review Board (ARB) as set out on the enclosed agenda. As the Owner's representative, you must be present at the public hearing to explain the request and answer any questions. If you have a contractor or other representative, they are welcome to attend the meeting with you. A Design Assistance Review Committee(comprised of 2 members of the ARB and staff)met regarding the applications scheduled to appear on the upcoming ARB agenda. The following is a summary of the comments and additional information requested in order for the ARB to make an informed decision on the application. 30I Market Street, SE Address the extent to which the proposed rooftop penthouse addition will be visible from the street. Provide product information(cut sheet or photograph) for the proposed windows and doors Please note the the proposed balcony, bollards, and canopy will require an Encroachment Permit Clarify whether the placement of the proposed metal canopy will disturb/obscure the existing painted wall sign Clarify the design of the proposed balcony-the elevations differ from the two photographic examples submitted Provide more detail of the proposed rooftop penthouse addition- materials used, dimensions(height),railing detail and material, product information for window and doors 302 Market Street, SE Provide product information for the proposed window. What material will the proposed window be? Recommended for consent agenda if comments are adequately addressed. Please as soon as possible to ensure that staff and the ARB members have adequate time to study the full application prior to the meeting. If you have any question or concerns, please do not hesitate to contact me to discuss any of these items in greater detail. file://C:\Users\P UPI\AppData\Local\Temp\notesEIEF34 --web3263.htm 04/05/2014 Page 3 of 3 Jillian Papa Moore,AICP Planning, Building and Development City of Roanoke 215 Church Avenue, S.W. Roanoke,VA 24011 Phone: 540-853-2346 �i ww.roanokcva.gov Larry W Degen RA CSI Degen Architects PC PO Box 20183 Roanoke,VA 24018 540/772.0800 file://C:\Users\PLJP I\AppData\Local\Temp\notesE 1 EF341--web3263.htm 04/05/2014 EXHIBIT "B" (Staff report to ARB, April 10, 2014) AGENDA ITEM IV.E. Illri"IllIlli PLANNING, BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building 414111111ile R15 Church Avenue,Sw,Room 166 Roanoke,Virginia 2yo11 ROANOKE 540.853.1730 lannin ro fax 540.853.1230 planning @roanokeva,gov April 10, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Liberty Hill Properties, represented by Larry W. Degen, Degen Architects PC, to construct exterior alterations and additions for the property located at 301 Market Street, S.E. Background: The subject property contributes to the City Market Historic District, which is located within the Historic Downtown Overlay District (H-1). The first floor of the building has a retail business. The upper floor will be converted to residential as part of this project. The Applicant requests approval for the following work: 1. Remove an existing double-hung wood window and install a pair of doors accessing a balcony facing Kirk Avenue as per the elevation drawings and railing detail submitted. 2. Infill the rear-most existing window opening facing Kirk Avenue with glass block. The opening is partially obscured by the Center in the Square walkway. 3. Install a bracket-mounted lantern light fixture adjacent to the exiting rear door on the Kirk Avenue elevation, which will serve as the entrance to the residential unite. The fixture will match the existing fixture on the front of the building. 4. Install a standing seam metal canopy over the existing door facing Kirk Avenue. The existing painted wall sign will be preserved and retained. 5. Construct a rooftop addition consisting of a stair shaft and pedestrian deck. 6. Install decorative bollard on Kirk Avenue to protect the proposed lantern fixture and door canopy. Findings: The H-1 Architectural Design Guidelines for Windows and Doors recommend: Rehabilitation and Other Alterations • Repair rather than replace window sashes, doors, and frames by repairing any damage or deterioration, fabricating necessary replacement parts identical to the original, regluing and reinforcing weak joints, replacing broken panes, applying an appropriate sealant to the joint between the frame and its masonry. • Use windows or doors that fit the original masonry openings. If a standard- sized windows or door is too small for an existing opening, obtain custom- sized unit from one of the many window or door manufacturers with specialty fabrications. • Do not change the number or pattern of window and door openings. If a change of use requires additional or fewer windows or doors, such alterations should occur on the rear or less significant sides of a building. • Do not use the following types of glass: a single, fixed pane of glass, reflective or heavily tinted "privacy" glass and patterned or translucent glass. Rehabilitation Alternatives • Use a window of the same material and design as the original when it is necessary to replace a missing or badly deteriorated upper story window. The proposed alteration to change the existing double-hung window to a door opening is proportional to the fenestration along Kirk Avenue, is well-designed and will enhance the residential living unit as well as the character of the Kirk avenue streetscape. The proposed windows and doors in the penthouse and the proposed balcony will be a wood double-hung unit, pine interior, primed exterior, as provided by Andersen Windows. The installation of glass block within the partially-obscured, existing window is reversible and the alteration is inconspicuously located on the building. The H-1 Architectural Design Guidelines for Roofs recommend: Rehabilitation and Other Alterations • Keep the form, slope and features of a roof that is visible from the street. • Do not locate rooftop mechanical equipment at the roofs perimeter, making it visible from the street. • Undertake construction of additional stories or rooftop additions only if the new construction is in keeping with the character of a building's façade or set back from the facade of the building so that it will not be visible from the street. The staircase shaft roof top addition is significantly set back from Market Street and is designed to be as minimally obtrusive as possible. The penthouse will be 10'-0" above the roof deck elevation at its highest point, with the exterior clad with composite lap siding. The penthouse roof will be standing seam metal roofing. The use of stucco or brick would be compatible with the front façade of the building. The H-1 Architectural Design Guidelines for Awnings and Canopies recommends: Appropriate use • Reserve the use of canopies for buildings of civic importance of for prominent locations, and limit their use to the ground floor. Location, Size and Proportion • Do not obscure or destroy decorative details of the façade, such as: ornamental ironwork, decorative brick or tile work, transoms, storefront cornices, storefront piers, and brick arches or pressed metal window hoods. • Proportion and awnings so that it has: an 8-foot clearance for the sidewalk; a 4- to 7-foot projection over the sidewalk; a 15 to 45 degree slope; and a valence width of 8 to 12 inches. • Locate awnings or canopies on the transom bar-above the display windows but beneath the transom windows-whenever possible. When such location would prevent adequate clearance above the sidewalk, the awning or canopy may be located above the transom windows or immediately below the storefront lintel, sign panel, or storefront cornice. • Avoid using posts or columns that interfere with pedestrians to support an awning or canopy. • Do not permit water to drain off a canopy without a downspout. Runoff should be drained by downspouts located adjacent to the piers of the building. • Make the width of an awning or canopy somewhat greater than that of a storefront, overlapping slightly but not extending across the outermost structural piers. It may extend across one or more intermediate piers to unify several storefront openings for a single tenant, but only if it does not obscure significant features or details of the façade. Materials, Design and Details • Construct canopies of substantial materials, such as wood or metal, anchored to the façade with chains or ties rods with turnbuckles, and covered with an impervious material such as sheet metal. The may be open underneath or, preferably, have a finished soffit. • Make the materials, colors, and details of a canopy and its exposed structural elements compatible with the overall design and color scheme of the building. The canopy's soffit should be painted white or a suitable light color. The proposed canopy generally complies with the H-1 Design Guidelines for Awnings and Canopies stated above. Design Application Review Committee comments: • Address the extent to which the proposed rooftop penthouse addition will be visible from the street. • Provide product information (cut sheet or photograph) for the proposed windows and doors • Please note the the proposed balcony, bollards, and canopy will require an Encroachment Permit • Clarify whether the placement of the proposed metal canopy will disturb/obscure the existing painted wall sign • Clarify the design of the proposed balcony- the elevations differ from the two photographic examples submitted Provide more detail of the proposed rooftop penthouse addition- materials used, dimensions (height), railing detail and material, product information for window and doors The applicant has addressed all of the comments listed above in writing and through additional information provided Staff Comments: The applicant has sufficiently addressed all of the comments of the Design Application Review Committee. The application generally complies with the H-1 Guidelines for Roofs, Windows and Doors, Awnings and Canopies. Staff recommends approval. Jillian Papa Moore, AICP ARB Agent EXHIBIT "C" (ARB Meeting Minutes of April 10, 2014) CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD April 10, 2014 MINUTES The regular meeting of the Board was held on Thursday, April 10, 2014. The meeting was called to order at 5 p.m., by Barbara Botkin, Vice-Chair. Ms. Botkin read the rules of procedure. Attendance was as follows: Members Present: Barbara Botkin Katherine Coffield Aaron Copeland Warner Dalhouse Mary Dykstra John Fulton (late) Members Absent: Derek Cundiff Others Present: Candace Martin, Secretary Jillian Papa, Preservation Planner Frederick Gusler, Senior Planner Steve Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda C1. Approval of March 13, 2014 Minutes and Administrative Approvals. C2. Request from Liberty Hill Properties, represented by Larry W. Degen, Degen Architects PC, to increase a window opening size for the property located at 302 Market Street, S.E. Mr. Copeland made a motion to approve the consent agenda. Mr. Dalhouse seconded the motion and the consent agenda was approved by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 2. Appeal of COA140021 by Jason and Rena Cromer, for installation of a 3' metal fence at the front property line located at 545 Day Avenue, S.W. Mr. Jason Cromer, 543 Day Avenue, S.W., appeared before the Board and said the diagram submitted by the application stated that the metal fence would be installed to the existing wood fence on the property line. He said the existing wood fence was not on the property line but was 21 inches within the property owner's property. He said the wording did not support the actual placement. He said he was not against the fence just the wording of the diagram. He said the fence was 21 inches difference from the property line to support the appeal. He said Jillian Papa came out and measured for herself so she could verify the discrepancy exists. Ms. Botkin stated Mr. Corner was not opposed to fence or the location on the property line, just the wording on the application Mr. Cromer said that was correct. He said the submitted application was false. He said the wording or diagram needed to be amended. Ms. Botkin said the actual application submitted stated the drawing was to-scale but did not state the dimension. Mr. Cromer said that was correct. He said the application was incorrect. Ms. Botkin said technically the application was correct because it stated the fence was going on the property line. Mr. Cromer said the wording or the diagram was incorrect. He said one was lead to believe the property line was wrong. Mr. Dalhouse asked Mr. Cromer if the application was implemented and fence were installed, would he suffer any damage. Mr. Cromer said no but the application needed to be corrected. He said he the diagram or wording was incorrect. Ms. Botkin asked for public comment. Mark Clark, 6734 Shingle Ridge Road, Roanoke, said it was a plan, it was sort of like saying the house plan was wrong when it hadn't been built. He said he checked with the building department and no permit was needed to move the existing fence. He said his plan was to move the existing wood fence 21 inches to the east and take back the yard that the Cromers' currently enjoy. He said once the fence was moved, the iron fence would go down the existing property line. He said the application and drawing was accurate. He said the application had nothing to do with the wooden fence only the iron fence. He said the finished fence would be three to four inches off the property line. Mr. Talevi said he wanted to talk to the property owner. Ms. Papa said the property owner had submitted a survey for the Board's review. Ms. Susan Larsen, 545 Day Avenue, S.W., said she wanted to move her wooden fence back onto the property line. Ms. Papa said the wood fence was not the subject of the application being appealed. She said it was just the three foot iron fence in the front and both sides of the property. Mr. Talevi asked where the fence was in relation to the property line. Ms. Papa said it was right on the property line. Ms. Larsen said that was correct. Ms. Botkin asked for staff comments. Ms. Papa said she had reviewed the additional information submitted by the appellees and it was not sufficient grounds to overturn the decision of the ARB agent based on guidelines for walls and fences. Mr. Dalhouse made a motion to uphold the ARB agent's issuance of a certificate of appropriateness. Mr. Copeland seconded the motion and the decision to uphold the ARB agent's issuance of a certificate of appropriateness was approved by a roll call vote of 6- 0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 3. Request from John and Eleanor Reale, represented by A.J.'s Lawncare and General Contracting, to install a handrail on the front porch and a handrail on the walkway steps for the property located at 656 Day Avenue, S.W. No one was present for the application. It was moved to the end of the agenda. 4. Request from Valerie Eagle and Wayne Cundiff, represented by William Austin, to remove the existing front facade and install a new storefront design and install terra cotta coping on the parapet for the accessory structure located at 445 Elm Avenue, S.W. (aka 716 5th Street, S.W.) Mr. William Austin appeared before the Board as a representative for Valerie and Wayne and said they wanted to rework the building they currently resided in. He said it was behind Park Place realtors and was facing 5th street. He said the building was falling into disrepair and some of the masonry was bad. He said the electrical needed to be reworked and the T-111 was in rough shape. He said they wanted to get rid of T-111 and put a metal frame storefront there and redo the front. He said she was trying to get a grant and the application was the first step to get approval. Ms. Botkin asked for public comments and hearing none, she asked for staff comments. Ms. Papa said the amended application was to include transparent storefront windows. She said the application met DARC comments and the H-2 guidelines for Storefronts and recommended approval. Ms. Botkin asked for Board comments. Mr. Fulton said it was an improvement. He asked what the lines on the side of the storefront were made of. Mr. Austin said it was rough concrete. He said the masonry would stay. Mr. Dalhouse made a motion to approve the application. Ms. Dykstra seconded the motion and the application was approved by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 5. Request from 530 Walnut LLC, represented by Danny George, to demolish the accessory structure located at 530 Walnut Avenue, S.W. Mr. Danny George appeared before the Board and said he bought the house and was doing exterior work. He said the shed in back was in really bad shape and had a tree growing on top of it. He said the shed was rotten. He said the building had five apartments and no parking and tearing the shed down would give him room. He said he couldn't store anything in the shed and it was about to fall down. Ms. Botkin asked for public comments and hearing none she asked for staff comments. Ms. Papa said based on the photographs submitted, she was of the opinion that repair was not a feasible option and demolition of the accessory structure would not have an adverse effect on the character and surrounding environment of the district. She said staff recommended approval. Mr. Dalhouse made a motion to approve the application. Mr. Fulton asked if the slab would be kept. Mr. George said yes. Mr. Copeland seconded the motion and the application was approved by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 6. Request from Liberty Hill Properties, represented by Larry W. Degen, Degen Architects PC, to construct exterior alterations and additions for the property located at 301 Market Street, S.E. Mr. Larry Degen, Degen Architects PC, appeared before the Board and said they were converting the upper level of the building to residential and were making several alterations to the building to enhance the residential quality of the upper level. He said the renovations were on Kirk Avenue and would not be touching the Market side at all. He said on the first pair of windows, they were expanding the opening and installing French doors and a balcony. He said they were going to put a canopy above the door on the main entrance and the canopy would follow the existing arch. He said they wanted to add a lantern fixture at the entrance door. He said there was a window on the right side and was obscured by Center in the Square. He said they wanted to put glass masonry units in to get light in the bathroom. He said the railings were stock, balcony steel with ornamental brackets. He said the penthouse was not visible from the street. He showed the Board a series of pictures where balconies had been added to buildings in Lexington and Downtown Roanoke. He said the balcony would not detract from the appeal of the building at all. Mr. Dalhouse asked about the function of the penthouse. Mr. Degen said there was a spiral stair from the second floor to the roof deck. Ms. Botkin asked for public comments and hearing none she asked for staff comments. Ms. Papa said the applicant had sufficiently addressed comments from the Design Application Review Committee and the application generally complied with the H-1 Guidelines for Roofs, Windows and Doors, Awnings and Canopies. She said staff recommended approval. Ms. Botkin asked for Board comments. Mr. Fulton said it looked good. Mr. Copeland asked if the Agnew arch would be removed. Mr. Degen said the metal would be between the top of lettering and window sill and they would not remove the arch. Ms. Coffield said the lettering would not be covered up. Mr. Degen said no. He said there would be a canopy over it. Ms. Botkin asked how many residential units would be in the building. Mr. Degen said just one unit. Ms. Coffield asked why the balcony was needed since there was rooftop access. Mr. Degen said whenever you had rooftop access, you were not interacting with the activity on the street. He said it was an outdoor space and the balcony was three feet wide. Mr. Dalhouse 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: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 7. Request from Don Peterson to paint five transom windows with lettering for the property located at 101 Market Street, S.E. No one was present for the application. It was moved to the end of the agenda. 8. Request from 821 Day Ave LLC, represented by Tom Soranno, to paint the unpainted brick wall surface for the property located at 821 Day Avenue, S.W. Mr. Soranno said they had tried multiple processes to remove the paint on the brick and could not get if off. He said during the washing the brick soaked up the water and they could not find any bricks the same color. He said it was a smattering of concrete and mortar and could not match the existing mortar but at the end of day it had three different color bricks and patchwork on the house. He said the paint on the brick was hard to get off. He said it was his intention to use masonry brick stain that would bring back the original color of the first brick on the house and blend the brick work. He said he wanted to move ahead with the painting on the house. Ms. Botkin asked for public comments and hearing none she asked for staff comments. Ms. Papa said the painting of unpainted brick, once completed, was not easily reversed and should be considered only to cover soft, vulnerable brick. She said it should also be noted that since paint color was not reviewed in the H-2 district, the color and extent to which details such as soldier course headers were delineated through accent colors would not be part of the ARB's purview. She said staff could not support the request at that time. Ms. Botkin asked for Board comments. She said he had done a great job repairing the house and bringing it back to what it was. She said the brick color for the repairs, could have been closer to the original brick and the repointing and grout color could have been better choices both in color and work. She said the brick was very important. She said it should not have been painted especially on such a huge house and could not support the application. Mr. Copeland asked Mr. Soranno if he had tried cleaning the brick because it looked like remnants of brine still on it. Mr. Soranno said yes. He said on the side wall they had tried detergent wash, pressure wash, acid, paint remover and graffiti remover. He said the size of the brick on the house was not standard anymore. Ms. Botkin said the paint was on the back and could not be seen from the street. Ms. Dykstra asked if the windows with the new brick were on rear. Mr. Soranno said the windows were on both sides of the house. Ms. Botkin said the brick used was an orange color and not burgundy like the original brick. She said the porch looked good. Ms. Coffield said the curb appeal was really good. Mr. Copeland asked if you had to clean the entire house before painting. Mr. Soranno said yes but not with high pressure. Mr. Dalhouse said he agreed with Ms. Botkin. He said it should not be painted unless it was an extreme circumstance. He said he had made wonderful improvements to the house and it could be a showcase. He said considering all the aspects in the situation, it was the only solution Mr. Soranno had and he was in favor of the application. Ms. Dykstra said she was also in favor of the application. Mr. Fulton said he was also in favor of the application. Ms. Coffield said more effort could have been made to make it uniform. Mr. Fulton said the brick from 1975 did not match the brick today and it was a really difficult thing to do. Mr. Soranno said the house had an enclosed back porch with similar brick but the mortar was different. Mr. Fulton asked if the plan was to lease the building. Mr. Soranno said they wanted an owner/occupant in the house. Ms. Dykstra made a motion to approve the application. Mr. Dalhouse seconded the motion and the application was approved by a roll call vote of 4-2, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-no Mr. Copeland-yes Ms. Botkin-no 9. Request from Eastern Motor Inns, Inc, represented by Larry W. Deqen, Degen Architects PC, to construct exterior alterations and additions for the property located at 1402 3rd Street, S.W. Mr. Larry Degen said there were constraints on the lot. He said it was a one floor building with a shallow slope roof. He said what they tried to do was use the vocabulary of the neighborhood to get closer to the mark. He said they would relocate the front entrance to the middle and add an entrance vestibule. He said they were replacing the metal windows with double hung windows, covering the existing exposed wall with face brick and covering the wood siding with face brick as well. Mr. Dalhouse asked if the building was being used. Mr. Degen said it was presently vacant. Ms. Botkin asked for public comments and hearing none she asked for staff comments. Ms. Papa said the applicant had requested to introduce new features, specifically, a brick veneer and double-hung windows, which were designed to be generally compatible with the material, size and scale of features and materials within the historic district. She said the proposed addition would not destroy important architectural features, was compatible in terms of design, form and character of the original building, and yet was adequately distinguished as a product of its time. She said staff recommended approval. Ms. Botkin asked for Board comments. Ms. Coffield said she liked the design and it was a vast improvement. She said her concern was the mix of styles on the building introducing features that were not historic. She said he could save money doing one-over-one windows, and not a simple column. Mr. Degen said he had no objection to that. Ms. Botkin said she agreed with Ms. Coffield. Mr. Fulton said he also agreed. He asked Mr. Degen if he was proposing to inset the two columns. Mr. Degen said yes. He said they were pilasters not columns because they didn't have enough depth. Ms. Botkin asked Mr. Degen if he agreed to amend the application to change the windows to one-over-one and go with a less ordain pilaster. Mr. Degen said yes. Mr. Dalhouse made a motion to approve the application as amended. Ms. Dykstra seconded the motion and the application was approved by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 10. Continued from Item 3, 656 Day Avenue, S.W. Ms. Dykstra made a motion to table the application to the May 8, 2014 meeting. Mr. Dalhouse seconded the motion and the application was tabled to the May 8, 2014 meeting by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 11. Continued from Item 7, 101 Market Street, S.E. Mr. Dalhouse made a motion to table the application to the May 8, 2014 meeting. Ms. Dykstra seconded the motion and the application was tabled to the May 8, 2014 meeting by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes 12. Request for conceptual review by Ron Chuman, Black Lantern Inn, for the construction of 6 parking spaces at the front of the property located at 1526 Franklin Road, S.W. Mr. Ronald Chuman appeared before the Board and said he was hoping to move the parking for his B&B from the rear to the side and effectively cut off the alley. He said the parking was a nightmare. Ms. Botkin asked if there was a curb cut. Mr. Chuman said yes. He said it was an existing curb cut there already. He showed the Board pictures of where the parking was and where he wanted it to go. 13. Review of ARB By-laws; Eligible items for administrative review Ms. Papa said she would not be discussing the items at the meeting. 14. Election of ARB Agent Ms. Dykstra nominated Frederick Gusler as the new Agent to the Architectural Review Board. Mr. Fulton seconded the nomination and Frederick Gusler was appointed the Agent to the Architectural Review Board by a roll call vote of 6-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Mr. Dalhouse-yes Ms. Coffield-yes Mr. Copeland-yes Ms. Botkin-yes There being no further business to come before the Board, the meeting was adjourned at 6:16 p.m. Respectfully submitted: )/-10(q c.v 71 Candace Martin, Secretary EXHIBIT "D" (Permit Application for Zoning & Building) v r Date I 47,b/Y Permit#1.W.46/ ROANOKE Pia Building & Development Permit Application For 0 lurch Ave., SW, Room 170 Roanoke, VA 24011 Zoning & Building i l d i n P. 540 853-1090 Fax: 853-1594 g 2 . FEB www.roanokeva.gov Complete Form &Click Here to Submit ElectronigaJl�r R.Da oktitan cents roanokeva.gov _ rn ;din and Developme,,. ` Property Address I 3i/ ���'//�,p��",- J� Tax Map N I 4 a (13 /2_ Permit Requested By I s_A e.9,....) A�,y�F.,.,/`/£ - Relationship to Property Owner C Owner k ontractor C Agent t^ Design Professional • Applicant Address 1 5731 P,41410,,, (--/— cfty I Ales State iv,¢- Zip Code /J Phone Number ( Q-3573_0y7n Fax Number 1 email I :0/1Li,,�,.,)Oj G, ,^(E it-- Category t^ Cortvnercial Residential C' Governmental Total Cost 'V Type Project r New Construction C Addition of Construction 1/35'V 90 (include cost of all labor&materials yRepalr/Remodel C Other for the entire project) I am applying for this permit as an owner/builder and exemption from state licensing as a contractor. I have been r provided with these requirements and have,by my signature on the Owner/Builder Affidavit,agreed to comply with these requirements. This permit is to be used for projects where a building permit is required,or for projects where the building �' .^`a trade and one or more additional trades is involved. The general contractor,owner or lessee of the property,design professional or agent is required to obtain the.permit and provide a listing of all contractors .`;L j.�• and subcontractors working on this project for verification of proper licensing. Questions regarding disturbing or removal of asbestos should Checklist For Submission be forwarded to the Department of Labor and Industry. llication Completed. For information call 540.562.3580 ext.131. er/Builder Affidavit if applying for an exemption Description it from state contractor licensing. of RCS ri ��_l Lo 1 - c Development Plan or Approved Comprehensive Project �'e. T I III!!! Development Plan,as applicable. �J 2.41 //yid 4jt.f)�� I set of plans drawn to scale with sufficient detail & 'n{,' * _ ��T to indicate the nature & extent of the work (�I/15 r sed. 1 set of fire suppression plans are required. Drawings must have the seal of a design professional when required. Existing Use$ appiicabie,availability letter for water&sewer kellti (- service.Receipt for payment required prior to proposed issuance. Use r estos Survey if the building was initially built prior Construction Type I /,G . A.4,y t Stories I i...' to January 1,1985 I. r- lain Elevation Certificate,if in Special Flood SqFt-Heated ` 2 O p a SqFt-Unheated I v Hazard Area. The Current Code In effect is the , isten District,attach the Certificate of Appropriateness. 2009 Virginia Uniform Statewide Building Code. Contractor/SubcgntractorListing form. i, I understand that all applications for construction permits,along with all additional required Information,must be provided to the Permit Center prior to processing of this application.All information submitted will be reviewed prior to the issuance of a permit.Should a technical plan review be required,the City of Roanoke strives to complete these reviews in ten(10)working days.Should information be missing or additional information be required,the review process may Ibe delayed. I also understand that all contractors and subcontractors are required to have the proper trade certifications when required,a current business license . for the City of Roanoke and current state licensing when required by the Virginia Department of Professional and Occupational Regulations(DPOR). i also understand that I am required to conform to all applicable requirements of the Virginia Uniform Statewide Building Code,the Zoning Ordinance for the City of Roanoke and all other applicable laws and ordinances. Print Name ,i1/,/�� 2)/1/i Signature /�f/�✓W°^ 1---.r__ Mechanic's Lien Agent ( -A74 Address 1 • • City 1 i State I... .. Zip Code Please Do Not Enter Information Below This Line-FOR OFFICE USE ONLY ZONING APPROVAL Site Zoning Base Zoning Overlay 14- � 1_! I Ii y .elA.1. i 5,j r3 s .- Zoning Use Classification w,; K./ t/S'- bd, 1d ;Y� resrde4� ra , 1„JFto6.'" Conforming Use I It Use permitted as of right in the t i J Zoning District. r Use complies with Conditional Zoning-File# i and the 1 Zoning District. r Use permitted by special exception granted by the City of Roanoke Board of Zoning Appeals On: Date j Appeal#:j F Continuation of legally established for which special exception would be required if it were a new use. Non Conforming Use fl Continuation of a non-conforming use Development Plan Review C- Basic f Comprehensive Applicable Certificate of Occupancy Required c'f es iT No Zoning Approval By: it--- ______ Date: Z 2 G I {` 9$ KUA NUKE Submittal of Permit Application f'1,, A :.tr, ',..1.•::•"4-411,A - ,- .,-- ' ."X4.', "•(14 i2' • ,`'V`-,1F-. ...-4.N..'- 1:" '. : :'. iirir,:.;.,.::.";,,,.,; ...;.,-,:c.,07-,.,., ,..:. ,,.., VApplication Form— appropriate form Application-completed&signed - Proposed Use permitted Tax Map Number determined based on address provided on application Enter Permitted Use Information e application in zoning approval section& Address-confirmation (application, GIS, Sign Zoning Approval on application Permits Plus) Sq K Applicant--Qualified to apply for permit F:' j UH/N's -Permits Plus check i o_s n-{orapetty yi Real Estate Taxes ,; Required supporting documents,as p .. -: •: - •- --. - Pius-check applicable (check or N/A) o) Building plans _ 0 tuck a Owner BU?(der/ff'rdavlt A Development Plan requirement o Basic Development Plan • (None required I o Erosion & Sediment Control Plan,with o Basic Development Plan Basic Development Plan iti rt o Basic Beve(opment Ran plus E& S o Water/Sem rAvaitabftity Lefler o Comprehensive Development Plan 7( Asbestos Survey ❑ CP approved d Floodplain Elevation Certificate 0 o Authorized acceptance of building 'i°'' plans noted by Development Certificate of Appropriateness tr P A- I �- Review Coordinator in Permits Plus o CantractarlSubcorrtractorListing ease 2om'rtg of Property, k-tclUdfrtg any ` proffered conditions -4004 o Date Stamp Application ri/L.■ 4 Overlay Zoning of property t initials of Technician completing checklist IA 7-; !'Is"F.1,,.1(-)$jelli 4$*Di-i2 4(coMfacie- rttItT3, UNBA4)40bli- Ilqe.NtkW AP14d*kn.E A4MO. -/-446v/„iddV 0 vj.wpri30P44 .d(.-4-q Icke3 0 EXHIBIT "E" (Permit Application for Zoning & Building) /OW 1 bate li 27 ti 2a"i a hermit#i iF J c 0 51 d RQANOKE '�� n g Building & Development Permit Application For 215 Church Ave., SW,Room 170 ������ Roanoke, VA 24011 Zoning & Building mAx a 'F�iione: (540) 853-1090 Fax:853-1594 Complete Form & Click Here to Submit Electror p,4 . 't'.Db'Oi iV Ritentergirganokeya_goy :1 I,R"PC Property Address 3ti1 Market Street SE Tax Map f! 11401 1312 Pet^vAReqse bed Ell iLaITI W.Oe e Relationship to Properly Owner (' Owner C Contractor C Agent (-∎ Design Professional Applicant Address O Box 20183 City'Roanoke State VA Zip Code } 24018 Phone Number 5407720800 Fax Number email dVegenarchggmait.com Category C Commercial C Residential (' Governmental Total Cost Type Project trudion ('Addition of Construction 20,000,00 (' New Cons to uuro cot of al labor&matenais 1 C Repair/Remodel C O[her for the entire project) I am applying for this permit as an owner/builder and exemption from state licensing as a contractor. I have been E provided with these requirements and have, by my signature on the Owner/Builder Affidavit, agreed to comply with these requirements. 4ti .1 ,� This permit is to be used for projects where a building permit is required, or for projects where the building S �� trade and one or more additional trades is involved. The general contractor,owner or lessee of the , j j y�J property,design professional or agent is required to obtain the permit and provide a listing of all contractors as and subcontractors working on this project for verification of proper licensing.Questions regarding disturbing or removal of asbestos should Checklist For Submission be forwarded to the Department of Labor and Industry. Application Completed. For information call 540-562.3580 ext.131. it if 1 in for an exemption Owner/Builder Affidavi applying g P bescription 5nstatlation of exterior doors and a metal balcony on the upper r from state contractor licensing. of door. ,-- Basic Development Plan or Approved Comprehensive Project Development Plan,as applicable. dd a canopy over the doorway on the lower level. 1 set of plans drawn to scale with sufficient detail & clarity to indicate the nature & extent of the work pz proposed. 1 set of fire suppression plans are required. Drawings must have the seal of a design professional when required. Existing Use �vl Mercantile ) 1Z•2 RE51d�+ ia� When applicable,availability letter for water&sewer f service.Receipt for payment required prior to ,��t,} 0 issuance. Proposed �1 Mercantile �•Zi �I Q 'l Use Asbestos Survey if the building was initially built prior Construction Type �8 Unprotected Stories F.---- r to January 1,1995 Floodplain Elevation Certificate,if in Special Flood I 1 p Hazard Area. SqFt-Heated 14100 SqFt-Unheated 0 If in a Historic District,attach the Certificate of The Current Code in effect is the Appropriateness. 2009 Virginia Uniform Statewide Building Code. r Contractor rSubconlractor Listing form. I understand that all applications for construction permits,along with at additional required information,must be provided to the Permit Center prior to processing of this application.All information submitted will he reviewed prior to the issuance of a permit.Should a technical plan review be required,the City of Reras,Une strvwes 4u ru rit,Je:i Wise revierrs Ym ken{1I woOk.sig days.kkrra:6d irrlcssrr4os tee rrrrsi1•mj rr adcSit yrrai mtvrstt4cm be TeciOri h,thu redrew gasscssss may be delayed. I also understand that all contractors arid subcontractors are required to have the proper trade certifications when required,a current business license for the City of Roanoke and current state licensing when required by the Virginia Department of Professional and Occupational Regulations(DPOR). I also understand that I our required to conform to all applicable requirements of the Virginia Uniform Statewide Building Code,the Zoning Ordinance for the City of Roanoke and all other applicable laws and ordinances. Print Name I , l ` Lan Signature Mechanic's Lien Agent Address I ------ — ----Address City i State Zip Code ASt;2rse Sao Viol ETi t3T Sriiormation l irrc-FOR OFFIC.t3SE 04Ii_Y Site Zoning ZONING APPROVAL Base Zoning D o Overlay li , ( a Zoning Use Classification r.i) e - ti" Conforming Use Use permitted as of right in the ! CI Zoning District. fl Use complies with Conditional ! Zoning-File# and'her Zoning Distnct. (" Use permitted by special exception granted by the City of Roanoke Board of Zoning Appeals On: Date { Appeal tilt r Continuation of legally established for which special exception would be required if it were a new use. Non Conforming Use I— Continuation of a non-conforming use APP PoJ4. Development Plan Review aeic ( Comprehensive C Not Applicable F !•t C Q G A C H Al X rJ( e rQ,y/r Certificate of Occupancy Required C-'Yes g'No Zoning Approval By: /� Date: 7 UA t` UKE submittal of Permit FN C R o I\ C H /VM r 1J T Applicafioa1 C LOS kA tn� C L�- Pi CATEoN y/] T t L ii+`9' 4: `�{ t_9�(ff' L 1i...... ,� iii (--. Dy ' V (- f e i M / ❑ Application Form--apprcpriate form ! 0 Application-completed& signed / p r Permitted oposed EJse D Tax Map Number determined based on addrea provided on appiication o Enter Permitted Use Informa tion on application in•zoning approval section& DIAddress- confirmation (epplication, GS, Sign Zoning Approval on application Permits Plus) o Applicant--Qualified to apply for permit i JH/NJ's -Permits Plus check Real Estate Taxes Special Exceptions on property Required supporting documents,as Expired Permits - Permit Plus check applicable (check or WA) o/Built tng plans I Open Permits-Petrnits Pius check r o Owner!l3uifder Afiicfavit ,Oeve!epment Ran requtrernent o Basio Development Plan o None required o Erosion &Sediment Control Plane Wish o Basic Deveropment Plan ,E �,Abu 1.1A4 f AJ[ Basic Development Plan o Basto-De oprrent Ran pals E 8 S a Water•,/SewerAva?abi!}fyr Letter- • o Comprehensive Development Plan o Asbestos Survey O CP approved o Fioodpiain Elevation Certificate o Authaized acceptance of bu in o/Certificate of Appropriateness plans noted by Devefoprnerit Review Coordinator in Permits Plus a Contractor!SL,b ontrac or L;istrtrg Dace Zoning of Property, hctuding any Date stamp/vocation.40' ii'GffBt'Qd conditions ) erlay Zoning of property fttiitfafs of TTectini r'an completing rec • a � • PLANNING, BUILDING AND DEVELOPMENT .410114 211:5e C.TaylorMunitipal Building i5 Church Avenue,Sw,Room i66 ■ddll NM Roanoke.Virginia spoil ROANOKE pinning@ro akeva..8S3.i290 P 8@�roanakeva.gov PLEASE POST CERTIFICATE OF APPROPRIATENESS No.: COA140053 Date: April 10, 2014 On April 10, 2014, the City of Roanoke Architectural Review Board granted this Certificate of Appropriateness to Liberty Hill Properties approving the following at 301 Market Street, S.E., as per the application and plans presented to the Board on the date set out above: 1. Remove an existing double-hung wood window and install a pair of doors accessing a balcony facing Kirk Avenue as per the elevation drawings and railing detail submitted. 2. Infill the rear-most existing window opening facing Kirk Avenue with glass block. The opening Is partially obscured by the Center in the Square walkway. 3. Install a bracket-mounted lantern light fixture adjacent to the exiting rear door on the Kirk Avenue elevation, which will serve as the entrance to the residential unite. The fixture will match the existing fixture on the front of the building. 4. Install a standing seam metal canopy over the existing door facing Kirk • Avenue. The existing painted wall sign will be preserved and retained. ' 5. pct a rooftop addition consisting of a stair shaft and pedestrian . .6. Install decorative bollard on Kirk Avenue to protect the proposed lantern fixture and door canopy. .• ' This Certificate is valid for one year from the date set out above. Barbara Bot dn, Vice-Chair i • 4 t PLANNING, BUILDING AND DEVELOPMENT 1 Noel Z15 Ch C.u Taylor rch Avenue Municipa,SW,l Bufiding IPPIPINIIII Room 166 .40141110. Roanoke,Virginia zgoii ROA N O K E 540.853.1730 fax 540.853.1230 planningrroanokeva.gov April 14, 2014 Liberty Hill Properties 52 Liberty Lane Natural Bridge, VA 24578 Dear Property Owner: Subject Certificate of Appropriateness No. COA140053 301 Market Street, S.E., Tax ID#; 4011312 The City of Roanoke Architectural Review Board considered your request for a Certificate of Appropriateness and your request was approved as set out on the enclosed Certificate. Please bring your Certificate and drawings with you to Room 170, Noel C. Taylor Municipal Building, when applying for all applicable permits. If you have any questions relative to this matter, please contact Allan Papa at 853-1522. Sincerely, , ;?,71) dq LP 71//g, Candace R. Martin, Secretary Architectural Review Board • enclosure co: Otd Southwest, Inc. . ' Mr. Larry Degen, Degen Architects, PC • "'�' _ f THE SEED LOFT " ,' l r 'ill"'....4#44.; ''. . 1 '- r.. , , • ..,. ,r.p. •t• , '4' P na nc: ,.r•nrrr' faw'.it 1(.fiY w;y' �° radl ,r' �r~ 5»0�� Trk..' `raS9 ;i�:m� � � '� ,� ua v,.. . • • A '3'.•. • I�r" t., 'f Jt . 1:•./...), Y =[ Y"h{N .• :.,f 1} f .Z tai w' u �1(Y :tl/ i/7 K `- Y.; n, 4 y T .• i � F k �Y to: r /� y .. y9 l �.:. ' t, 'r. query . 'fi ]i J' I;�. ' C.4 h{M1v 1 R g .... r i t .a t�� ti ,it.. ,Yky 9]Y^.wua # .: "to, ;,.,1 it. . ;...a, , •.....7...4,1,..,....,..., ,,,.%.,..t....4)�1 8 rI11. r �1 _ . . t 4 ` . • irrrrlr OHM nc r x j. ', IS VI - ♦ rW' f'����.""�+r...,._. }y h .il.•_... 4.a ... .. R .t^• •,Kw.. '^r 5;.r• i •• Y ,jai r�N L'li°' I`� ' 'K,If 1+.�L � P. ..• I fi a a z % t ;�, �7} -- it �,a . , s t • EXHIBIT "F" (Plan Review Approval) PaPP.11111111111111 PLANNING, BUILDING AND DEVELOPMENT 215 Church Avenue 24011 Room 166 Roanoke.Virginia 24011 540.853.1730 fax 540.853.1230 ROANOKE planning @roanokeva.gov PLAN REVIEW APPROVAL DEGEN ARCHITECTS PC LIBERTY HILL PROPERTIES LLC PO BOX 20183 52 LIBERTY LN ROANOKE VA NATURAL BRIDGE,VA 24018 24578 01-13-2015 Permit : B140530 Site Address: 301 MARKET ST SE ROA Date Applied: 06/05/2014 Date Approved: 06/17/2014 Work Description: installation of exterior doors and a metal balcony on the upper level. Add a canopy over the lower level Your plans for the project listed above have been approved. Permits may only be issued to a licensed contractor or to the owner, if he qualifies for an exemption as provided in Section 54.1.1111 of the Code of Virginia.You may visit the Permit Center at your convenience and obtain your permit. If you have not done so, you will be required to provide a complete listing of all contractors and subcontractors working on this project prior to obtaining this permit. Fee Summary: Plan Review Fee: $14.00 Basic Site Development Fee: $0.00 Permit Fee: $142.80 Certificate of Occupancy Fee: $0.00 State Surcharge: $2.80 Penalty Fees: $0.00 Total Fees: $156.80 Paid: $156.80 Balance Due Prior to Permit Issue: $0.00 If you need to contact me, you can reach me by the contact information shown below. Please let me know if I can assist you during the course of construction. BANE COMPTON NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVE, SW, ROOM 170 ROANOKE, VA 24011 Phone: (540)853-1139 Fax: (540) 853-1594 E-mail: Bane.Compton @roanokeva.gov EXHIBIT "G" (Memorandum from Planning & Development) etc,_O. Planning Building and Development 3 ROA N O KE Memorandum TO: Brian Townsend, Assistant City Manager FROM: Jillian Papa Moore, Zoning Administrator /.'Z DATE: June 27, 2014 SUBJECT: Signature on Encroachment Application Mr. Townsend, Enclosed please find an Encroachment Application package for a balcony, canopy and bollards at 301 Market Street, S.E. Please sign and return to me. If you have any questions, please call me at 853-2346. Thank you. Data Received 411111Mril 11111A t t Planning Building and Development ROAN KE 215 Church Avenue, S.VN., Room 170 Roanoke,VA 24011 Phone; (540)853-7oe0 Fax: (540)853.1594 wvm.roafO}teva.gov Tax Map Noe 1512.° Zoning Dbtrict:Base/Overlay: — Property Address: tee " S� Name 1.� tt 11./; - } ev Al tk C ` ♦_ I Address: Fti ! i Vary.iStactel&e.V4E:tip Code Telephone:( )112 - D Cab s • •.•.,is f,;s: tc A. ;pl.t. t• Name ‘717"71611 Address: 2 _ t1d141,„ A.► City/State: Code:j Telephone:( ' • ••-I- � Reason for Requeattng Encroachment Permit: +e -C7'4 ts.X ' k CZKYI 7;lilsapplication le Vibe—used for encroachments on or over thepublk eight-of-way,such as signs,marquees,cgs,canopies, docboiridadlarappendages attached too building drop bat Foote bas;aexsstaad,planter;flower baskets:otter, :�.,.: ' akrtters;ar tba ns. etas. Sine of structure: Ar- sq.ft. Height of structure: _/ ft. ut. Maximum projection from boildinge ' A. 4 in. Zuni projection over public Aideyalk,right-of-way,or public property: 5 rt. 4 in. `v1 act above sidewdt: I at ft._ in. Width of sidewalk matoured from the building: Win.ft. in. I CIlCK1dST FOR SUBMISSION )( Survey of Property,Delineating Dimensions of Encroachment a Certificate ofLiabiity lesesselet India and Raid dens Agr seat(signature on back of form) a Sips ParotdtA pliaidon,If aftillicable C. ksW Of Appropriateness,ilfgq*subJe ibotr mod 3ecfRcadons I attest by my signature that I have read and understand the regulations of this encroachment permit as outlined on the back of this form thereby ogres to Coln with the regulations set forth •► the Code of the City of Roanoke(1979).as amended,and the provisions of the oAni;• Statewide Buil. ng Code,as amended Signature of Applicant Date t1 �/ 4 Signature of Property Owner, f! ,. t ! •1. .,, .. t Date: OFFICE USE ONLY: Application accepted by (Zoning Official)Date: Authorized and approved by: Zordi■ rilf ,t. � s ' _�- Date: (P! 7 "Mt, of City Manager or approved designee) • Data Received ROA ! Planning Building and Development i r O KE 215 Churn Avenue, S.W.,.Roam 170 Roanoke,VA 24011 • Phone: 1540).853-1080 Fax (540)8534594 WiM— oenQltsYa.gay Tu Map Nei N ,ning t strict:Base/Overlay:. v/ H"1 PnopatyAddress: • ■ I ..4A 1 _ Nam c arc W• 'De.y2.Y, rC( Address: fb 150 , 10153 City Stete. G ip Code: t Telephone:( ) 112- • er .f • , • as if ff i v.,; a : Name 1 4 III S e. ' +e /� Address: Y /Ai.AML �.�. City/State: ■ 1►'.�= ;•,t::• Code:24 1 Telephone:( )46b- 229 Rear.' NA Reason for Ragaestbg Encroachment Permit: +/,00� • ieb an era.dr tie pblic right-d-way,ski as dips,tieargataes,xwiEiF;git,eriai�piss; staff,or aimnar auaebsd to a bEdidln :drop bout until box;aewrsbcal,punter;*ewer baskets;tom. dmsospossig light Us landscaping;shatteric or thinionneter. Size of structure: -( sq.i). Bert of stracture _ t. 0 in. Maxtmsm preestisn from b : S ft. _vZiasitpum rejection over pubtk ddcwal)t,right-9i-way sr gttlrftc property:_t3, •tj in. Clearance short 8 ft. 0 its.. Width of sidewalk mate red!born the building:_ASIA It. in. CHECKLIST FOR SUBMISSION • jir Survey of Property,Delineating Dilatations of Encroachment is Certificate of LiabiIKy Insurance yksov Indemnification and Hold Hnra*leu A _amt(siplecre on hack of form) ) a Sign Permit Application,if eppHeable Certitkate of Appropriateness,If applicable Building Plans and Slpecthcaifnbs I acest by my sigtomrs.that I have read and undarst nd the maul • of this encraadmxnt permit as outlined on the back of this form I butt by agree to -•.,•ly with the regulations set • by the Code of the City of Roanoke(1979),as amended,and the of„-V Lilt, t•!�� .. :-��!ding Code,as amended Signature of OVZO,,,z44- Aster Signature of Property Owner, • ;„ -►: ,:,: ... .,• Date: OFFICE USE ONLY: Application accepted by: (Zoning Official)Date: Authorized and approved by: � it i !....� bate: G-2?-of '►1y Manager or :,. .ve,d designee) I EXHIBIT "H" (E-mail: Parviz Moosavi, City Planner to Frederick Gusler, Sr. Planner) 301 Market St SE Parviz Moosavi t-, Frederick Gusler 10/15/2014 05:00 PM Frederick, Per our site visit last week and my visit to the site today, the following items are not matching the approved COA: 1. Second floor balcony handrails-The approved COA plans reflect vertical, straight, spindles, but the handrails installed are curved. 2. The canopy above the entry on at Kirk Ave is not installed. 3. The bollards at the entry on Kirk Ave are incomplete. 4. The light fixture next to the entry on Kirk Ave does not exactly match the existing light fixture at main entrey to the building on Market Street. 5. The glass block shown on the approved COA plans for the second floor window (behind the existing building) are not installed. The applicant has requested an inspection of the COA in persuit of obtaining a CO. The last 2 items(#4 & #5) listed above do not seem as critical as the rest of the items mentioned and the applicant could be provided with options to remedy the issues before the COA inspection could be signed off on. Please advise. Thanks Parviz Moosavi, Historic Preservation Planner Planning, Building & Development Department Room 166, Noel C. 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OM .. . f.•, ,,,::- ' EXHIBIT "I" (Print out of the inspection for Permit # B 140150) Inspection i ^'t " Inspections I Guide Sheet 1 , Sec Item Id Description Appr Req Items Action In ■ Add x 50 Final Floodplain Compliance Yes R 1 BAPP Item I 52 Final Historic Compliance No R 1 EIDEh.l Insert x 20 Rough-In Electrical Yes R 3 BAPP Item 21 Rough-In Plumbing Yes R 4 BAPP _ _ Remove x 22 Rough-In HVAC Yes R 3 BAPP Item x 25 Rough-In Fire Alarm Yes R 2 BAPP 1, x 27 Rough-In Framing Yes R 4 BAPP E Display Updateable Items Only Print Entries for Item:52 - 0 4 ___ Action Comments By Date ique_Ke, BDEN May need to amend COA.Also,need to FG 10/10/2014 '3100710 I coordinate w1other bldg. permit Add ill Entry Entry Action: !U D E N By: FG D ate:110/10/2014 Update, Begin Time: End Time: OR Elapsed Timer Entr!, Start Miles: 0.00 End Miles: 0.00 OR Total Mileage:1 0-00 Delete Vehicle Id:I ] Violations: Entry Select May need to amend COA_ Also, need to coordinate w/other bldg. Refresh Comment permit a Entered Date: 10/10/2014 Entered By: PLFG1 Print Toolear Order Select Select Multiple Multiple r — F i z 1 13""" forinsp ° Document Doc Back Exit i Activity: 814O150 IBtslcing Permit Vern: 30177 I- r- Status:{ISSUED Entered: 102/2E-X201 4 By PLVS1 I fa+ek,l Emit Inspectgns Item Req Appr Description 50 R Y Final Floodplain Compliance • ► 52 R N Final Historic Cornplmnce _ 20 R Y Rough.lr Electrical • 21 R Y Rough-In Plumbing V I AIVevals People { Item Req Appr Description Al Name Relationship Primary . ► 23 R f Application Review I ► DUNCAN PROPERTIES& CONTRACT Yes , 42 R Y BLDG Floodplain Review BANE COMPTON REVIEWER,No j 43 R Y Zoning Floodpain Review —DUNCAN PROPERTIES& APPIJCANT No I 14 R Y Historic Review LIBERTY HILL PROPERTIES LLC OWNER No Addresses ---- Parcels • Street No IS Dir Street Name City Id Primary ( Parcel_No Primo ► 301 .MARKET ST SE ROA Yes Fees --- Valuation Calculated Fees:1 $1.011.00! 0cc Description Type Valuation Sq.Feet Additional Fees:I 50.00) ► 23 M:Mercantile 38 0 2050 Total Fees:f $1.011.00) 26 R-3-Res„<3DwelhngUnks 3B r D. 2050 Payments:I____ $0,7,E;.001 Balance:L___ s45.0C4 Description tl - Locks.Holds,Notices,Camients PHASE 1-Residential loft 2nd floor of Agnew Seed Bldg. ; .$User Teat ► Notice •PLVS1 I[Part ofpparcel in Flood Plain(added by script) PHASE 2 i approved Balconies Notice LPLIS1 Building plan amendment anticipated lot canopy,balcony,etc.That i Screens , Screen Id Description _ III. Gen Into General Information Screen _ Fee Fee Screen 2one&Ske Zoning&Site Plan • _ Buid Data Building lydormetion 6 Code Data 1 B140150 : Entries for Item:52 - 0 07:36 11/19/2014 Action Comments By Date Unique_ Key BDEN May need to amend COA.Also,need to FG 10/10/2014 A001007 coordinate w/other bldg.permit 109 Total Rows: 1 9 Page 1 EXHIBIT "J" (Application for Certificate of Appropriateness in H-1 Historic District) H-1, Historic Downtown Overlay District Application for Certificate of Appropriateness � Dale of Application )27 October 2014 ROA N O K E Site Address 1301 Market Street SE,Roanoke,VA Property Owner: Name: Liberty Hill Properties Address: 152 Liberty Lane City: 'Natural Bridge State 'VA Zip Code: 124578 Phone Number ( +1 (540)460-2293 E-Mail. kmiller @walkaboutoutfitter.com Owner's Representative(if applicable): Name: !Larry W Degen.Degen Architects PC Address' 1P0 Box 20183 City: 'Roanoke State. IVA Zip Code: 124018 Phone Number: ' +1 (540)772-0800 E-Mail. degenarch@gmail.com Application prepared by:harry W Degen Project Type: r Painting r- Lighting I— Awnings and Canopies r- Construction r- Signs I— Windows and Doors f— Storefront r- Roof,Cornice or Parapet r Demolition r Other. 'balcony USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines, otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB I understand that no changes are permitted without • 'or a pr•val by the CV. Signature of Properly Owner:! `�. l4YI ,LtWk3M1I1 ' Date: 127 October 2014 action Below to be Completed by Staff Certificate Number, ' Approval By: tl/1B f- Agent Other approvals needed. Tax Parcel Number: I 6)1 3 )-R r Zoning Permit r BZA/Pianning Commission Base Zoning District. r Building Permit r Other Agent,Architectural Review Board: ' Date: Member,Architectural Review Board: ' Date: I Form updated 01/08 Page 2 of 3 H-1, Historic Downtown Overlay District 4 Detailed Project Description ■11111111, ROANOKE Site Address: [301 Market Street 5E,Roanoke,VA Property Owner. [Liberty Hills Properties Project Amend Certificate#COA140053,to substitute in-place balcony configuration for that shown on previous Description: application. I I Additional information to be sut mittedt f— Photographs E Site Plan C— Elevation Drawings R Sample,Photograph,or Catalog Pictures of Proposed Material r Other. Form updated 01/08 Page 3 of 3 EXHIBIT "K" (ARB Meeting Minutes) CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD November 13, 2014 MINUTES The regular meeting of the Board was held on Thursday, November 13, 2014. 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: Katherine Coffield Aaron Copeland Derek Cundiff Mary Dykstra John Fulton Members Absent: Barbara Botkin Others Present: Candace Martin, Secretary Frederick Gusler, Senior Planner Parviz Moosavi-City Planner II Steven Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda C1. Approval of October 9, 2014 Minutes and Administrative Approvals. Ms. Dykstra made a motion to approve the consent agenda. Ms. Coffield seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes Architectural Review Board Minutes November 13, 2014 Page 2 2. Request from Mr. John Ferguson to remove three aluminum single hung windows (one within the front porch and two on the second floor), replace them with three new wood windows to match the existing, re-install and re-furbish existing third floor, diamond shaped sash window, found in the attic at 732 13th Street, S.W. Mr. John Ferguson appeared before the Board and there were two windows on the right, going to the front door that would be taken out and replaced with original windows facing the street. He said next to the front door was another metal window that would be replaced with a wood window. He said on the second floor metal window would be replaced with a wood window and on the left side, second floor, a metal window would also be replaced with a wood window to match other wood windows in the home. He said the rest of the windows were repairable, except the peak on the attic because there was no window there but would be making a wood window, diamond-shaped to match existing window. Mr. Cundiff asked for public comment and there was none. He asked for staff comments. Mr. Gusler said staff supported the application. He said the applicant had found the third floor original window that matched the existing window on the front elevation. Ms. Dykstra 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. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 3. Request from Mr. Gary Garst to replace the existing slate roof with laminated shingles due to a fire-damage to a part of the roof structure of the existing two- story house. Repair and replace damaged roof rafters, extend the roof over the existing garage and replace porch shingles with in-kind material at 1401 2nd Street, S.W. Mr. Gary Garst appeared before the Board and said his parents owned the house in the 60's and he had owned it since the 80's. He said in July, lighting struck a tree and set the roof rafters on fire. He said the damage was on the roof on the front side and back side. He said he had been asked to fill out an application to put composite or laminate Architectural Review Board Minutes November 13, 2014 Page 3 shingles back on the home but wanted slate. He said the Insurance Company was invoking a provision in his policy that allowed them to substitute material at their discretion that was antiquated. He said the policy stated it had to be functioning, equivalent replacement materials. He said he disagreed with replacing the slate with shingles because shingles would fades, could be damaged by hail, didn't look like slate, and did not preserve the historic Tudor revival style of the house. He said the home was a picture in the Architectural Review Guidelines. Mr. Cundiff asked for public comments. Ms. Joel Richert 415 Allison Avenue, said the matter was brought up at the Old Southwest Board meeting and no one disagreed with the staff or DARC comments. She said the home contributed to the Historic District and its design and materials were one of the best in the district. She asked the Board to keep the roof slate and asked that they deny the application for cheaper material. She said she wanted to see the slate replaced. Mr. Cundiff asked for staff comments. Mr. Gusler said staff met with the applicant and has spoken with the insurance company and contractors on the property. He said our stance was consistent, that if they wanted a quick approval, they should apply for an in-kind repair/replace form that would allow replacing of the existing material or put back the same material. He said the applicant did apply and was approved for an in-kind repair. He said he was not familiar with the type of shingle that was proposed. He said a slate roof replacement had more analysis that went into it in demonstrating why the slate needed to be torn off or replaced. He said at the time of the application a portion of the roof was damaged but the majority of the roof was intact. He said the pictures shown were from the applicant. He said based on the pictures and the application, he did not know whether the roof could be repaired or the condition of the rafters. He said lacking the rafter information and product information, staff could not support the application and recommended denial. Mr. Garst said the insurance company would allow slate to be put back and the contractor filed an in-kind replacement and was approved however that was not enough of a denial or code requirement for the insurance agent. Mr. Tommy Dowdy, 1348 Maple Avenue, said he lived across the street from the house for 28 years and wanted to see a slate roof from that point on. He said not to approve an inferior product for the roof. Mr. Cundiff asked for clarification on the application regarding repairing roof rafters and extending the roof over the existing garage. Architectural Review Board Minutes November 13, 2014 Page 4 Mr. Garst said there was no roof over the garage but wanted to put a shed roof over it. He said during the summer he wanted to sit under the roof in the shade and it would help dry out the garage underneath. He said he rough drawings. He said he would use the tongue and groove material that was on the soffits and would put a copper standing seam on top of the garage roof. Mr. Cundiff said the Board needed more details for extending the roof. He said if they denied the application, the garage roof request would go along with the application and you couldn't come back with that request for a year. Mr. Gusler said he would be limited in coming back with the same request for the same material. Mr. Cundiff said a denial would preclude him from coming back with any material for an addition. He asked Mr. Garst if he was amendable to removing the garage portion from the application. Mr. Garst said yes. Mr. Talevi asked if the Board was removing items two and three from the application to be considered next month. Mr. Cundiff said it was just item three. He said the repair of roof rafters was going on now and was an in-kind replacement. He said they would discuss items one, two and four. Ms. Dykstra asked the condition of the slate prior to taking it down. Mr. Garst said it was in good condition and plenty of slate was thrown away although he tried to preserve it. Ms. Dykstra said the guidelines were pretty clear. She said if a limited portion was damaged then it needed to be repaired with the same material. Mr. Talevi asked to see the slide of comparisons on the roof coverings. Mr. Garst said the shingles were no comparison for slate. Mr. Talevi asked if shingles were architecturally compatible. Mr. Cundiff said the Board had allowed slate to be replaced with shingles. He said the Board would go out and look at the roof and make the best evaluation. He said in the current situation, they didn't have the benefit of looking at the slate before it was taken off. Architectural Review Board Minutes November 13, 2014 Page 5 Mr. Talevi said the Board needed a positive motion to issue a certificate of appropriateness for items one, two and four. He told the Board to vote no if they were against the motion. Mr. Fulton made a motion to grant the certificate of appropriateness for items one, two and four. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 4. Request from Mr. Ricky T. Mitchell, represented by Mr. W. R. Gibbs, Harvest General Contractor, to replace the existing windows throughout the existing single family home with new wooden windows matching existing at 436 Walnut Avenue, S.W. Mr. Gibbs from Harvest General Contractors appeared before the Board and said there 44 windows on the house and they planned to replace them with wood windows to conserve energy and stop bugs and air coming in through the windows. Mr. Cundiff asked for public comments. Ms. Richert said the original drawings of the home were wonderful and had the best of everything in it. She said she didn't see any reason for replacing the windows. She said there were ways to get help by having interior material put in front of the windows or put storm windows up. She said she didn't want any wood removed. She said the home was beautiful and well kept. Mr. Ricky Mitchell, owner of home, said he loved the house and if it was just him, he would put in storm windows but it was a safety hazard for the person he was taking care of. He said there were problems with noise and dust and the person was confined to two rooms of the house because of health reasons. He said he had to look out for the interest of somebody else. He said he had talked to several people about putting in storm windows but would not help the noise problem. He said the person he was caring for was 75 years old and it was intolerable for him to be in the house because of the noise and dust. Mr. Cundiff asked for staff comments. Architectural Review Board Minutes November 13, 2014 Page 6 Mr. Gusler said he wanted to commend the applicant for the care of the property and that extended to the windows. He said the windows were almost the poster of how an old window should be maintained. He said staff could not support the application because per the guidelines, the conditions were not such that they needed to be replaced and there was no deterioration. Mr. Cundiff asked for Board comments. Ms. Coffield said they went out to the site and thought the windows were in really good shape. She said replacing the windows was not much of a solution for the noise. Mr. Gibbs said the proposed windows provided sound reduction. Ms. Coffield asked if there was any other way maybe interior storm windows that would make it easier to get out in case of a fire. Mr. Gibbs said storm windows were not acceptable for the person living with Mr. Mitchell. He said the other issue was the air. He said the air was coming in and the windows were well maintained. He said he really required the double pane glass that was proposed. Ms. Coffield said based on the tour that the windows were in good condition and did not merit replacement. Mr. Fulton said he concurred with Ms. Coffield. Mr. Cundiff said the Board was given specific guidelines that they had to adhere to. He said they had to be consistent with all property owners even though all cases were different. He said the Board required photographic documentation of how bad the window was so they could approve repair or replace. He said the windows were some of the nicest windows in Old Southwest. He said he understood Mr. Mitchell's concerns and issues but the Board would not be maintaining the guidelines. He said the primary purpose of the Board was aesthetics. Mr. Gibbs asked if they would be denied even if the windows looked just like the existing windows. Ms. Dykstra said the guidelines were crystal clear. She said the guidelines stated to replace windows only when they were missing or beyond repair. She said it was a beautiful home and the windows were gorgeous. Mr. Cundiff said the windows were beautiful. He said the Department of Interior Standards were notoriously strict about doors and windows. Architectural Review Board Minutes November 13, 2014 Page 7 Mr. Gusler said the roll of the Board for the end result was aesthetics but the guidelines were preservation itself. He said the goal was always preserving original materials if they could be preserved. Mr. Copeland made a motion to approve the application. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 5. Request from Community Housing Partners, represented by Mr. Michael George, to replace the front entry door with a window, replace existing wood handrail with a painted wood handrail, repair of front porch with in-kind tongue & groove pine, repair existing vinyl siding, replace existing aluminum corner trims with paintable material, replace the existing rear lattice handrail with a painted wood handrail, repair and paint all but one existing windows, and reduce the height of the kitchen window in the rear of the structure at 630 Day Avenue, S.W. Mr. Michael George said the front entry door was a solid panel steel door and was not original to the house and wanted to replace it with a wood window comparable to the existing window. He said they would weave in siding to match existing siding beneath the window. He said the window would have the same head height and muntin bars. He said painted wood handrail would be installed to match what was in the rear. He said they wanted to remove the lattice in the rear and replace with a handrail. He said the window in the rear would be reduced height because it was in the kitchen of the house. He said it was a standard height counter top and the bottom sash was missing so it would have to be replaced. He said they would come up with a workable solution to the window height if it was the Board's preference. Mr. Cundiff asked for public comments. Ms. Richert said it was a good project. She said she was most concerned about the kitchen window. She said it could be used to grow things in to put in salads and it put light in the kitchen. She said it was a dark room but with the window well it would be very attractive and kept the architectural features of the house. She said she had no objection to taking the lattice down. She said she would like to see the handrail narrower in the rear and metal. Architectural Review Board Minutes November 13, 2014 Page 8 Mr. Cundiff asked for staff comments. Mr. Gusler said staff supported the application. He said he neglected to address the railing in front but typically galvanized pipe was used, he preferred a simple metal design. He said the lattice was an early part of the house but staff supported removing it. He said staff wanted the rear window remain at its current dimensions but the Board approved a similar window on Elm Avenue. He said staff supported all the application but wanted the railing in the front to be metal. Mr. Cundiff asked Mr. George if he was amendable to keeping the height of the window and using a window well along with a metal railing. Mr. George said asked if he could just shift the window up but keep the existing dimensions. Mr. Cundiff said he was more in favor of reducing the height of the window. Ms. Coffield said she worked on a project where instead of a well, they put up a screen to keep the appearance of the window on the outside. Mr. George said he was open to finding a window height solution. He said he was amenable to the metal railing in the front. Mr. Cundiff said everything on the application was approvable except item 6. He said that item could be removed so the applicant could explore options. He said the front handrail would be changed to metal. Mr. George said that was good. He said the handrail did not attach to the column and was a stand-alone railing. Mr. Copeland asked the diameter of the metal pipe he was using. Mr. Fulton said it was an inch and a quarter to an inch and a half. Mr. Cundiff asked if the steps were concrete. Mr. George said the steps were treated lumber. Mr. Cundiff said they would remove any reference towards the rear window from the application and change the front railing to metal. Ms. Dykstra made a motion to approve the amended application for items 1, 2, 3, 4 & 5 with the addition of the metal porch railing. Architectural Review Board Minutes November 13, 2014 Page 9 Mr. Fulton seconded the motion and the amended application was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 6. Request from Mr. David Workman to replace the entire front porch tongue & groove wood decking with a composite material at 609 Allison Avenue S.W. Mr. David Workman said he wanted to use tongue and groove pine which was there now and not composite. He said in the past he tried to sand and recover it but it did not do well. He said a professional painter came in and it still did not do well. He said it would not hold paint and looks raggedy. He said he wanted the property to look as good as possible and would replace all the decking. Mr. Cundiff asked for public comments. Ms. Richert said she approved. Mr. Cundiff asked for staff comments. Mr. Gusler said he was uncomfortable with the administrative approval. He said looking at the condition of the boards it was staff's opinion that most of the boards were in good shape. He said staff recommended repairing boards with like materials rather than replacing the entire porch. Ms. Dykstra said there was some really bouncy places and was in much rougher condition than the photos. She said she was delighted about the pine and was okay with replacement. Ms. Coffield said she agreed with Ms. Dykstra. Mr. Cundiff asked the applicant if he was using tongue and groove. Mr. Workman said it was tongue and groove. MD KC Approved Ms. Dykstra made a motion to approve the application. Ms. Coffield seconded the motion and the application was approved by a roll call vote of 5-0, as follows: Architectural Review Board Minutes November 13, 2014 Page 10 Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 7. Request to revise a previously approved COA 140053 to include an alternative 2nd floor metal balcony spindles design facing Kirk Avenue at 301 Market Street, S.E. Mr. Larry Degen, Degen Architects, said they came in April for an addition of a balcony when it was converted to a residential unit He said the fabricator wanted to be a little different and it ended up looking different than what was drawn in the plans. He said they wanted to revise the Certificate of Appropriateness to include the new balcony configuration. Mr. Cundiff asked for public comments and there were none. He asked for staff comments. Mr. Gusler said the minutes did not reflect specific language about the design. He said in the DARC meeting a comment was made that the drawings were inconsistent with the photographs. He said the current design was not in keeping with the district. He said there were few balconies in the district and they were more like the one in drawing and not in the picture. He said the balcony did not mimic anything on the building before. He staff supported the application as it was. Mr. Cundiff asked for Board comments. Ms. Dykstra said what was there looked larger than the drawings before. Mr. Degen said the balcony was the same size but optically looked larger. Mr. Cundiff asked if the original balcony had the same radius. Mr. Degen said no, it was rectangular. Ms. Coffield asked if the balcony was designed for two people. Mr. Degen said it was 40 inches to the outer radius and now it was 43 inches to the outside edge of the furthest point. Mr. Copeland said the mounting hardware did not look correct. Mr. Degen said they did not use what was in the plan. Architectural Review Board Minutes November 13, 2014 Page 11 Ms. Coffield said her concern was if the Board approved the balcony they would be opening the door for similar balconies. Mr. Degen said he agreed. He said he was told by staff that it was an individual case. Mr. Cundiff said Mr. Degen was in a position to establish a precedence downtown. Mr. Degen said there was no other balconies like it in the Market area but were similar designs at the Row by the Rail. Mr. Copeland said the balcony looked like something in New Orleans with more flair then the balcony in the first drawing. He said it did not represent the area. Mr. Cundiff said the current balcony was more imposing. Mr. Degen said part of that was the angle the photographs were taken. He said he agreed it was a different animal than what they drew. Ms. Dykstra said it was more imposing and not what the Board approved. Mr. Fulton said the balcony looked larger and more imposing. He said the curved rails added insult to injury. Mr. Cundiff said the original design was very appropriate. Mr. Copeland made a motion to approve the application. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 8. Request for a conceptual review on alteration of the existing wall signs and installing exterior wall mounted light fixtures at 1 Market Square, S.E. Mr. Nathan Harper with Spectrum and the President of Center in the Square showed a presentation of the light fixtures they wanted to install on Center in the Square. He said the Center was interested in sponsorship similar to what the Civic Center and Berglund had done. He said they had met with the City in Planning and Zoning and would be staying within the guidelines. Architectural Review Board Minutes November 13, 2014 Page 12 The Board said it looked great. 9. Vote on a new ARB Agent, Mr. Parviz Moosavi Mr. Fulton nominated Parviz Moosavi as agent to the Architectural Review Board. Ms. Dykstra seconded the nomination and Parviz Moosavi was elected as agent to the Architectural Review Board by roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-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 6:41 p.m. Respectfully submitted: r0i)loic? 77100-3 Candace Martin, Secretary AGENDA ITEM IV.F. November 13, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request to amend COA 140053 to approve deviations from the approved 2nd floor balcony facing onto Kirk Avenue, canopy at building entrance on kirk Avenue, and the light fixture at this entrance at 301 Market Street, S.E. Background: The building at 301 Market St, S.E. is a two-story structure within the Downtown (City Market) Historic Overlay (H-1). On April 10, 2014, the ARB approved exterior building alterations (COA 140053) which included addition of a 2"d floor balcony facing onto Kirk Avenue. Upon the final inspection, staff noticed a change in the appearance of the 2"d floor balcony spindles, inconsistent with the approved plans. The approved plans included straight spindles on this balcony; however, the installed balcony includes partially curved spindles. The applicant requests approval for the following work: 1. Revision to the previously approved 2"d floor balcony to include partially curved spindles, as already installed. Findings: The H-1 Architectural Design Guidelines recommend the following: • Consider the building's original features when adding a balcony. Design Application Review Committee comments: • The approved COA has been altered with no review/approval. Changes to the scope of work should receive the ARB approval. Staff Comments: Balconies are not a common historic feature in the H-1 District. The few that were known featured straight spindles. There is no evidence of curved spindles used within this historic district. Staff concurs with the DARC concerns and recommends denial of the proposal. iJ 11 1,%.° 4. x Frederick Gusler, AICP ARB Agent EXHIBIT "L" (Letter sent to Liberty Hill Properties) PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building aril 215 Church Avenue, SW, Room 166 Roanoke, Virginia 24011 R OA N O K E p 853 1730 fax 853 1230 plan lanningta roanokcva.gov gov November 14, 2014 Liberty Hill Properties 52 Liberty Lane Natural Bridge, VA 24578 Dear Property Owner: Subject: Application for a Certificate of Appropriateness COA140211, 301 Market Street, S.E. On November 13, 2014, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for amend COA 140053 to approve deviations from the approved 2^° floor balcony facing onto Kirk Avenue at 301 Market Street, S.E. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-1 Architectural Design Guidelines: • Consider the building's original features when adding a balcony. The Board found that the partially curved spindles on the installed balcony were more imposing than the balcony that was originally approved. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540-853-1522 if you have additional questions. Sincerely, OfQfi 0-3 Candace R. Martin, Secretary City Architectural Review Board /m enclosure cc: Larry Degen, Degen Architects, PC EXHIBIT "M" (Appeal received by the City Clerk Monday, November 24, 2014) CITY OF ROANOKE OFFICE OF THE CITY CLERK Y r 215 Church Avenue,S.W., Suite 456 its Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail; eIerk(n!roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk November 25, 2014 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 Tina Miller, in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014, denying your request to amend the previously approved Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street, S. E., which is not consistent with the H-1 Guidelines. The petition was filed in the City Clerk's Office on Monday, November 24, 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. With the concurrence of City Council, I will schedule a public meeting on Tuesday, January 20, 2015, 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. Miller. Sincerely, C c IA•Wtn,t��a Stephanie M. Moon Re olds, MMC City Clerk Enclosure Mayor and Members of Council November 25, 2014 Page 2 pc: Tina Miller , 52 Liberty Lane, Natural Bridge, Virginia 24578 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney d tttaiTPapa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board 1)4rvi ! !6050, 1 , 7i50-1-- VIRGINIA: RECEIVED IN THE COUNCIL OF THE CITY OF ROANOKE DEC - 1 2014 IN THE MATTER OF CITY OF ROANOKE - Amend CO A )4L05-3 ) PETITION FOR APPEAL PLANNING BUILDING AND DEVELOPMENT LIberry Mil Allee'-fle - 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): Lt h2riy Bl it hrcrr'hec f (-L(- 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 3e ( MaxKef S.+I,ec , SE . Rcenotu, uA 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: 1-4• I 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: II /13i)C I'! 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): 3e0 . 2, 330 7. Description of the request for which the Certificate of Appropriateness wys sought from the Architectural Review Board: Amend CODA /YCIIS3 'b ranyi„)vP c a 1�,anon f -fvom apprvkJ &id 'k / 4het /PVf/ on/v ,tnek A I/Paid, 8. Grounds for appeal: The ARB denial is not based on building codes but on aesthetics. The balcony was locally crafted using a National Registered Historic Property in downtown Roanoke as a model. The balcony is smaller than.the original proposal therefore less intrusive. The unique architectural features of the building are the arched window lintels along the front and sides which Is reflected in the curved design of this balcony.. To remove and replace this balcony would cause significant damage to the building by removing the embedded anchors, puts an undue hardship_on the owner, and yields very little aesthetic change. 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: i�ct /21,1/er, ate( Sot e ;y hal. iU'A71tir2lp Brile, f/A ayc7r 5r/0JJ -/y9Z 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: / --"<-:-/ AM" C-----X.476.t. 24C--4-e--(-7 Name: tlI4 M4/fir' Name: 7r 44_ (print or type) (print or type) Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: • Received by'. �j , ,rv� Date: DLI I . 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 Deputy City Clerk November 25, 2014 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 Tina Miller, in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014, denying your request to amend the previously approved Certificate of Appropriateness to allow the installed balcony to remain at 301 Market Street, S. E., which is not consistent with the H-1 Guidelines. The petition was filed in the City Clerk's Office on Monday, November 24, 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. With the concurrence of City Council, I will schedule a public meeting on Tuesday, January 20, 2015, 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. Miller. Sincerely, Stephanie M. Moottr? City Clerk Enclosure Mayor and Members of Council November 25, 2014 Page 2 pc: Tina Miller , 52 Liberty Lane, Natural Bridge, Virginia 24578 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jillian Papa, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board ALCOVA MORTGAGE City Of Roanoke Office of the City Clerk 215 Church Avenue, SW, Suite 456 Roanoke, VA 24011-1536 January 7,2015 The Honorable Mayor and Members Of the Roanoke City Council Roanoke, VA Dear Mayor Bowers and Members of Council: I am writing in support of the Petition for Appeal filled by Tina Miller, in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014 denying her request to allow the installed balcony to remain at 301 Market St., S. E. I am the owner of the Wigmore Building at 305-309 Market St. S. E. I have three commercial rentals on Market Street and my corporate offices are on the second floor of the Wigmore building. I work in the historic district every day and welcome anyone that is willing to invest and rebuild this area. Mrs. Miller has done an excellent job in maintaining the Historic appearance of her building by rehabbing the old windows and keeping the old painted facade on the front and side of her building. She has made it into an income producing,therefore tax generating asset to downtown Roanoke. The objection from the ARB stems from the fact that the balcony is curved and therefore"looks"out of place. In my opinion it fits perfectly in the historic district and I see it as a visual asset to anyone visiting Market St. To require the removal of this balcony and replacing it with a square balcony as the ARB is requesting makes no sense to me and the end result will not make the property look any move visually appealing than it already is. Please approve Mrs. Miller Appeal and let the current balcony remain as it currently is. Sincerely, JG� Rob Lindstrom Owner ALCOVA Mortgage rlealcovamortgage.com 540-904-0706