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HomeMy WebLinkAboutCouncil Actions 11-16-15ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2015 2:00 P.M. CITY COUNCIL CHAMBER AGENDA BESTPITCH 40385 - 111615 1. Call to Order - -Roll Call. Mayor Bowers was absent. The Invocation was delivered by The Reverend Andrew Whaley, Pastor, Raleigh Court Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor David B. Trinkle. Welcome. Vice- MayorTrinkle. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 19 at 7:00 p.m., and Saturday, November 21 at 4:00 p.m.; and video streamed by internet through Rev.Net Technologies, Inc., at hftp: / /www.wrev.net. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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 COMPLETE AN ONLINE APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD (REGISTERED ARCHITECT) - ONE VACANCY FOUR -YEAR TERM OF OFFICE ENDING OCTOBER 1, 2019 BOARD OF ZONING APPEALS - TWO VACANCIES THREE -YEAR TERMS OF OFFICE ENDING DECEMBER 31, 2018 BLUE RIDGE BEHAVIORAL HEALTHCARE, BOARD OF DIRECTORS —ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING DECEMBER 31, 2018 BUILDING AND FIRE CODE OF APPEALSIAT -LARGE — TWO VACANCIES UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2016 THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2018 CITY OF ROANOKE FINANCE BOARD — ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2016 PARKS AND RECREATION ADVISORY BOARD TWO UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 AND MARCH 31, 2017, RESPECTIVELY ROANOKE VALLEY RESOURCE AUTHORITY — ONE VACANCY FOUR -YEAR TERM OF OFFICE ENDING DECEMBER 31, 2019 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring the week of November 16 - 21, 2015 as Week of the Family. The Vice -Mayor presented the proclamation to Ali Hamed- Moore, Executive Director, and Juli Kent, Development Manager, Trust House; and Janice Dinkins Davidson, Executive Director, Children's Trust. A proclamation declaring November 28, 2015 as Small Business Saturday. The Vice -Mayor presented the proclamation to Lisa Soltis, Economic Development Specialist. The Vice -Mayor recognized the City Managerforan update of the City's United Way Program. The City Manager introduced Josh Tessar, Vice President of Resource Development, and Ashley Reynolds - Marshal, City's Relationship Manager Executive Director, United Way who were in attendance. 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. Martin Jeffrey and Robert Gravely appeared before the Council. 4. CONSENT AGENDA: (APPROVED 6 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 A communication from the City Clerk advising of the resignation of Dawn C. Board as a member of the Youth Services Citizen Board, effective September 28, 2015. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -2 A communication from the City Clerk advising of the resignation of Charlene Graves as a member of the Roanoke Arts Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -3 A communication from the City Clerk advising of the resignation of R. Gail Burruss as the Blue Ridge Behavioral Healthcare representative of the Court Community Corrections Program Regional Community Criminal Justice Board, effective November 2, 2015. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 A communication from the City Clerk advising of the resignation of Erin M. Dudley as a member of the Parks and Recreation Advisory Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -5 A communication from the City Clerk advising of the resignation of James M. Bullington as a City representative of the Roanoke Valley - Alleghany Regional Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -6 Reports of qualification of Cecelia " Susie" F. McCoy as the Deputy City Clerk for the City of Roanoke, effective November 24, 2015 and Darryl Miley as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2018. RECOMMENDED ACTION: Received and filed. BID OPENINGS: Bids for a certain franchise to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system in the City of Roanoke, upon certain terms and conditions. Sole bid received from Roanoke Gas Company and referred to the City Manager for review, evaluation and recommendation to the Council. Bids for the right to construct, reconstruct, operate, maintain, repair a gas transmission pipeline for a term of twenty years on City -owned property, upon certain terms and conditions. Sole bid received from Roanoke Gas Company and referred to the City Manager for review, evaluation and recommendation to the Council. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Recognition of the Western Virginia Workforce Development Board Program Year 2015 Workforce Innovation and Opportunity Act (W IOA) funds for award period July 1, 2015 to June 30, 2017. Adopted Resolution No. 40385- 111615 (6 -0). 2. Transfer of funds for the Colonial Avenue Improvements Project to facilitate preliminary engineering services. Adopted Budget Ordinance No. 40386- 111615 (6 -0). COMMENTS OF CITY MANAGER. The City Manager offered the following comments: United Way Campaign Goal Reached • A special thank you to Aisha Johnson in the City Manager's Office, who coordinated our campaign; and to Laura Carini in the City Attorney's Office, and Jason Lane and Amber Yopp with Roanoke Public Libraries for their leadership in the city's campaign; as well as leaders in city departments. Announcement of Hockey Franchise Team Name • Thursday, November 19, 6:00 p.m., at the Berglund Events Center. • The addition of a Southern Professional Hockey League team in Roanoke was announced at a Berglund Center news conference on October 20. • The team will debut at the arena in the 2016 - 2017 season, playing 28 regular- season home games next season. • The name, logo, apparel and colors will be announced November 19, when the initial season - ticket drive will begin. City of Roanoke Christmas Tree Lighting • Friday, December 4, in Wells Fargo Plaza. • The evening will begin at 5:30 p.m. with the Winds of the Blue Ridge Brass Ensemble; followed by the lighting of the City of Roanoke Christmas Tree at 6:15 p.m. • At 6:30 p.m., the Southwest Virginia Ballet will perform; from 7:10 p.m. - 7:30 p.m. Enviro Drums Percussion Show will occur. • The evening continues with additional entertainment and attractions until 10:00 p.m. • This is the kickoff to Dickens of a Christmas, DRI's annual signature event — first three Friday evenings in December. City Turns Star Red, White, and Blue • After the tragedy in France last week, the City showed its support by turning the Star on Mill Mountain red, white and blue. Staff in the Office of Communications assisted in posting information about this, as well as photos of the Star, on the city's Facebook page; more than 736,000 people viewed photos of the star on Facebook. • The Star will remain red, white and blue through Tuesday evening. • The City plans to turn the lights in the interactive fountains in Elmwood Park blue, white, and red beginning tonight. "Elmwood on Ice" Skating Rink • The skating rink being constructed in Elmwood Park will open on Monday, November 23. 2015 Go Outside Festival • This has become a signature event for the City. Final numbers are in for this year's event: 0 25,000 attendees 0 25 percent growth over last year's event o $110,000.00 food truck sales o $50,000.00 on -site retail sales 0 3,335 people climbed the climbing wall 0 37 bike events 0 13 pro athletes 0 125 free activities 0 8,500 people introduced to standup paddle boarding 0 10,000 social media followers o Roanoke County Parks and Recreation participated as a partner this year. b. CITY ATTORNEY: Amendment of the City Code to provide for payment of personal property tax bills arising from the purchase of new vehicles or acquiring new taxable situs within the City to be due thirty days from the bill date or by May 31, whichever is later. Adopted Ordinance No. 40387-111615 (6-0). 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2016 Legislative Program. Council Member Court G. Rosen, Chair, Legislative Committee. Adopted Resolution No. 40388-111615 (6-0). b. Report of City Council's Task Force on City Charter amendments affecting the duties of the Director of Finance. Council Member Raphael E. Ferris, Chair. Adopted Ordinance No. 40389-111615 (6-0). C. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40390-111615 (6-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution appointing Paula P. Williams as a Director of the Economic Development Authority of the City of Roanoke to fill the unexpired term of office of Brian K. Redd ending October 20, 2017. Adopted Resolution No. 40391-111615 (6-0). b. A resolution supporting state and federal legislation that fosters, supports, enhances, and strengthens responsive and responsible government by reducing the influence of unregulated campaign contributions upon elected officials and establishing limitations upon governmental officials who transition to the private sector. Adopted Resolution No. 40392-111615 (6-0). 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Vice -Mayor and Members of City Council. NONE. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 3:00 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2015 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Mayor Bowers was absent. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of Americawas led by Boy Scout Troop No. 17 of St. John's Episcopal Church. Welcome. Vice- Mayor Trinkle. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 19 at 7:00 p.m., and Saturday, November 21 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. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Community Health Promoter Program (CHPP) Graduates. Vice -Mayor Trinkle recognized Sandi Davis, Community Health Promoter Program Coordinator and presented Certificates to the program graduates. 10 Recognition of Michael L. Ramsey as a recipient of the Trustee Library Award from the Virginia Library Association. The Vice -Mayor recognized Michael Ramsey and Sheila Umberger, City Librarian. B. OTHER BUSINESS: Acceptance and appropriation of a donation from the Roanoke Public Library Foundation in connection with the Raleigh Court Branch Library Renovation and Expansion Project. Adopted Resolution No. 40393 - 111615 and Budget Ordinance No. 40394 - 111615(6 -0). C. PUBLIC HEARINGS: 1. Request of the City of Roanoke to amend the Planned Unit Development Plan as it pertains to 3837 Williamson Road, N. W., to permit a renovation and expansion of the existing public library with a changed site configuration. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40395-111615 (6-0). 2. Request of Evergreen Assisted Living Community, LLC, to amend proffered conditions as part of a previous rezoning at 23 24th Street, N. W., pursuant to Ordinance No. 28817- 101987, adopted by City Council on October 19, 1987. Patience Odupelu, Agent, Spokesperson. Adopted Ordinance No. 40396- 111615 (5 -0, Council Member Rosen abstained from the vote). 3. Request of Retirement Unlimited, Inc., to rezone property located at 0 Colonial Avenue, S. W., from RM -2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit District, subject to certain proffered conditions. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 40397-111615 (6-0). 4. Proposal of the City of Roanoke recommending execution of a proposed Franchise Agreement to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system in the City of Roanoke. Christopher P. Morrill, City Manager. Adopted Ordinance Nos. 40398-111615 and 40399 - 111615(6 -0). 5. Proposal of the City of Roanoke recommending execution of a proposed Gas Pipeline License Agreement to construct, reconstruct, operate, maintain, repair a gas transmission pipeline for a term of twenty years on City -owned property. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40400- 111615(6.0). 6. Consideration of an ordinance to realign the boundaries of voting precincts and to reduce the number of voting precincts within the City of Roanoke. Daniel J. Callaghan, City Attorney. (Consideration of "First Draft Plan A" Ordinance was tabled on Monday, November 17, 2014) Adopted Ordinance No. 40401 - 111615, as amended (6 -0). D. 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. Casey Steward and Michael Cooper appeared before the Council. Remarks pertaining to response from City Administration regarding the Youth Athletic Council's guidelines prohibiting volunteers from serving with criminal records that extend over 20 — 25 years, were again referred to the City Manager for a response. E. ADJOURNED - 8:46 P.M. 12 November 17, 2015 The Reverend Andrew Whaley Raleigh Court Presbyterian Church 1837 Grandin Road Roanoke, Virginia 24015 Dear Pastor Whaley: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, November 16, 2015. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, k� Stephanie M. Moon Reynolds, MMC City Clerk SMR:aa CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 TelepLnne: (541)853 -2541 Fax: (541)853 -1145 STEPHANIE M. MOON REYNOLDS, MM( E -math rlerk(aroanokeva.gov CECELIA T. WEBB, CMC City Orr it Acting Deputy City Clerk November 17, 2015 The Reverend Andrew Whaley Raleigh Court Presbyterian Church 1837 Grandin Road Roanoke, Virginia 24015 Dear Pastor Whaley: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, November 16, 2015. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, k� Stephanie M. Moon Reynolds, MMC City Clerk SMR:aa Office of the Mayor CITY OF ROANOKE WHEREAS, the Week of the Family is intended to encourage our community to hold conversations about issues, family struggles, raise awareness about programs and services available to assist families, and promote healthy family interactions, WHEREAS, the quality of our community life begins with healthy families and children; every day we each have the opportunity to help create the kind of community in which we want to live; and what's best for our children is what's best for our community; WHEREAS, everyone has a role to play in building successful families, including neighborhood organizations, businesses, non -profit agencies, policy makers, schools, and families themselves; and WHEREAS, every child should have equal opportunity to grow up in a healthy family, free from substance abuse, and free from all forms of abuse and neglect, including physical, sexual, educational, emotional or peer to peer abuse. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim November 15 - 21 throughout this great, six - time All- America City, as WEEK OF THE FAMILY. Given under our hands and the Seal of the City of Roanoke this sixteenth day of November in the year two thousand and fifteen. ATTEST. Stephanie on City Clerk David A. Bowers Mayor Office of the Mayor CITY OF ROANOKE rotiandiou WHEREAS, the City of Roanoke recognizes our local small businesses and the contributions they make to the local economy and community, according to the United States Small Business Administration, there are currently 23 million small businesses in the United States that represent more than 99 percent ofAmerican employer firms, create more than two- thirds of the net new jobs, and generate 46 percent of private gross domestic product WHEREAS, small businesses employ over 55 percent of the working population in the United States, 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue, most consumers agree that small businesses are critical to the overall economic health of the United States, and agree that it is important for people to support the small businesses that they value in their community, and WHEREAS, Roanoke supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge the residents in our community, and communities across the country to support small businesses and merchants on Saturday and throughout the year, do hereby proclaim November 28 throughout this great, six -time All- America City, as SMALL BUSINESS SATURDAY. Given under our hands and the Seal of the City of Roanoke this sixteenth day of November in the year two thousand and fifteen. ATTEST. Stephanie M. City Clerk David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 74011 -1536 Telephone: (540)853-2541 lay: (540)85 -1145 Sl'FTBANIE.M. MOON REYNOLDS, MMC E -mail clerWiOro:mokevn ' gO° CECELIA T. WEDD, CMC City Clerk Acting Deputy City Clerk November 17, 2015 Dawn C. Board 3480 Manassas Drive, N. E. Roanoke, Virginia 24018 Dear Ms. Board: A communication from the City Clerk advising of your resignation as a member (Public) of the Youth Services Citizen Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 16, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member (Public) of the Youth Services Citizen Board from June 1, 2015 to September 28, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds, M C City Clerk SMR:ctw Enclosure PC: Aisha Johnson, Agent, Youth Services Citizen Board CERTIFICATE OF APPRECIATION PRESENTED TO DAWN C. BOARD AS A MEMBER OF THE YOUTH SERVICES CITIZEN BOARD FROM JUNE 1, 2015 TO SEPTEMBER 28, 2015 ON THIS 17TH DAY OF NOVEMBER . 2015 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE RTI i ATTEST. a' 1 ptiK/ DAVID A. BOWERS TEPHANIEM_MOON YNO ,hIMC MAYOR CITY CLERI. 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 S I'EPl1ANIF. M. MOON REYNOLDS, MMC City Clerk November 16, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIA T. WERD, CMC Aeling Deputy City Clerk This is to advise that Dawn C. Board has tendered her resignation as a member (Public) of the Youth Services Citizen Board, effective September 28, 2015. Sincerely, n Stephanie M. Moon Reynolds,, MMC City Clerk October 26, 2015 Stephanie M. Moon Reynolds City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Re: City of Roanoke Youth Services Citizen Board Dear Ms Moon Reynolds. I write to inform you that I am resigning my position as a member of the City of Roanoke Youth Services Citizen Board (Board), effective, September 28, 2015. Under applicable State and City code provisions, a majority of the Board must consist of citizens who are not employed by government or service agencies. The City Attorney reviewed the backgrounds of the members of the Board at the September 28, 2015, meeting of the Board and determined that four (4) members of the Board should resign in order that Council can appoint other citizens to serve. I agreed to resign as my employment is with a government or service agency. Please accept my resignation with regret. Thank you for your assistance. Please let me know if you have any questions. Sincerely, r, � Dawn Cruct#Pield Board C AUsersVdcboardA ppDat a ALocalATempAnotesD06208VCmmhfield Board resignatioadoc 1090/15 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "I'elephmu': (540)853 -2541 4"nn: (541))853 -1145 S '6PI IAN I L NI. MOON RI.VNOLDS, NIMC E -mail: 0crk(amumkeva',av CLCIiLI A T. WEBB, CMC' Ci(v CIm9c Acting Deputy City Clerk November 17, 2015 Charlene Graves 2755 Kirkland Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Graves: A communication from the City Clerk advising of your resignation as a member of the Roanoke Arts Commission was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 16, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Arts Commission from August 8, 2008 to November 16, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon eynol s, MMC City Clerk SMR:ctw Enclosure PC: Melissa Murray, Secretary, Roanoke Arts Commission Susan Jennings, Arts and Culture Coordinator CERTIFICATE OF APPRECIATION PRESENTED TO CHARLENE GRAVES AS A MEMBER OF THE ROANOKE ARTS COMMISSION FROM AUGUST 8, 2008 TO NOVEMBER 16, 2015 ON THIS 17TH DAY OF NOVEMBER , 2015 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: DAVID A. BOWERS STEPHANIE Rtt S, N4MC MAYOR CITY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Faa: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nial: cicrk(droanokea'u.go% Cin Clerk November 16, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: C:ECELIA T. WEBB, CMC Acting Deputy City Clerk This is to advise that Charlene Graves has tendered her resignation as a member of the Roanoke Arts Commission, effective immediately. Sincerely, 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 '1'dePNOne: (54BB53-2541 Fav: (540)851 -1145 STEPBANIEM.MOOBBEVNOLBS,MNTC Email: derk[u?romokeva.aov CECELIAT. WEBB, CMC City Clerk AW.gz B Pmy City Clerk November 3, 2015 R. Gail Burruss 2519 Creston Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Burruss: A communication from the City Clerk advising of your resignation as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 2, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board from April 7, 2014 to November 2, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. S' eel is . Webb, CMC Acting Deputy City Clerk Enclosure pc: Beth Upes, Director of Court and Community Services, 1717 Peters Creek Road, N. W., Roanoke, Virginia 24017 -2139 CERTIFICATE OF APPRECIATION PRESENTED TO R. GAIL BURRUSS AS A CITY REPRESENTATIVE OF THE COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD FROM APRIL 7, 2014 TO NOVEMBER 2, 2015 ON THIS 3RD DAY OF NOVEMBER , 2015 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANORE APPROVED: ATTEST: DAVID A. BOWERS CECELIA 7 MAYOR - WEBB,CMC ACTING DEPUTY CITY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far. (540) 853 -1145 51 EPHANIE M. MOON REYNOLDS, MNIC City Clerk November 16, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIA1. WEDD, CMC Acting Deputy City Clerk This is to advise that R. Gail Burruss has tendered her resignation as the Blue Ridge Behavioral Healthcare representative of the Court Community Corrections Program Regional Community Criminal Justice Board, effective November 2, 2015. Sincerely, g s Stephanie M. Moon Reynolds-, MMC' ? City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'telephone: (540)853 -2541 Enx: (540)853 -1145 Sl ETHANIE M. MOON REYNOLDS, MMC Ibnmil: elerk(n'ronnokevn.gov CECELIA'I'. WERD, CM(' City Clerk Acting Depnty City Clerk November 17. 2015 Erin Dudley 35 Campbell Avenue SW, Apt, 304 Roanoke, Virginia 24016 Dear Ms. Dudley: A communication from the City Clerk advising of your resignation as a member of the Parks and Recreation Advisory Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 16, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Parks and Recreation Advisory Board from March 3, 2014 to November 16, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk SMR:ctw Enclosure PC: Nicole Ashby, Secretary, Parks and Recreation Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO ERIN DUDLEY AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FROM MARCH 3, 2014 TO NOVEMBER 16, 2015 ON THIS 17TH DAY OF NOVEMBER , 2015 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: DAVID A.BOWERS TEPHANIEM.MO UEY S,MMC MAYOR CITY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Tcicphonc: (540)853 -541 Far. (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MNIC L- nlail: clerk( oanokeva.Rnv City Clerk November 16, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIA "r. WEBB, CMC Acting Deputy City Clerk This is to advise that Erin M. Dudley has tendered her resignation as a member of the Parks and Recreation Advisory Board, effective immediately. Sincerely, Y'Y). rn�or Stephanie M. Moon Reynolds, WC City Clerk Erin M. Dudley 3 Commercial Place Norfolk, VA 23510 Gordie Zeigler Advisory Board Chairman City of Roanoke Parks and Recreation Advisory Board Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 11/10/2015 Dear Gordie, It is with regret that I am writing to inform you of my resignation from the City of Roanoke Parks and Recreation Advisory Board as well as the Youth Athletic Council, effective immediately. The recent closure of Norfolk Southern's corporate headquarters from the Roanoke Valley has forced my position to relocate. Due to the closure and relocation, I will be unable to fulfill the requirements on the Parks and Recreation Advisory Board. I appreciate the opportunity to serve the City of Roanoke on the Parks and Recreation Advisory Board and look forward to hearing about the Board's accomplishments in the future. If I can be of any assistance during the time it will take to fill the position, please don't hesitate to ask. Best Regards, Erin M. Dudley CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 To.: (540)853 -1145 SrEPHAN1E M. MOON REYNOLDS, MMC E -mail: clerk. roan. kcc..gov City Clerk November 16, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIAT. WEBB, CMC Acting Deputy City Clerk This is to advise that James M. Bullington has tendered his resignation as a City representative of the Roanoke Valley - Alleghany Regional Commission, effective immediately. Sincerely, `' Stephanie M. Moon yn s, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Cecelia "Susie" F. McCoy, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the Deputy City Clerk for the City of Roanoke, Virginia, according to the best of my ability, effective November 24, 2015. So help me God. 0�_ CECELIA "SUSIE" F. MCCO The foregoing oath of office was taken, sworn to, and subscribed before me by Cecelia "Susie" F. McCoy this -day of 2015. Brenda S. Hamilton, Clerk {f the Circuit Court g GG���CG� ,Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'releplione: (540)853 -2541 Fm: (540)853 -1145 F mml: elerk(NrOtunokev. o S'I'IRIIANIF M. MOON REYNOLDS, MMC .9 City Clerk November 17, 2015 Timothy P. Meadows 3129 Garden City Boulevard Roanoke, Virginia 24014 Dear Mr. Meadows: CECELIA'1'. WEBB, CMC Acting Deputy City Clerk This is to advise you that Darryl Miley has qualified as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2018. Sincerely, 4S ephani M1 oon R ld�s, City Clerk SMR:ctw PC: Timothy Spencer, Assistant City Attorney Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Darryl Miley, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a three -year tens of office ending October 31, 2018, according to the best of my ability. So help me God. Darryl Miley i The foregoing oath of office was taken, sworn to, and subscribed before me by Darryl LA Miley this day of 2015. Brenda S. Hamilton, Clerk of the Circuit Court tY CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 pux: (540)853 -1145 T: SIPIIAN1E M. MOON REYNOLDS, MMC E -mail clerk(arommkevagov City Clerk November 17, 2015 George Taratsas, Resource Administrator Workforce Administration and Resources Virginia Community College System James Monroe Building 101 North Fourteenth Street Richmond, Virginia 23219 Dear Mr. Taratsas: CECELIA T. WEER, CMC Acting Deputy City Clerk I am enclosing copy of Resolution No. 40385 - 111615 acknowledging and recognizing the PY2015 Workforce Innovation and Opportunity Act funding from the Virginia Community College System in the amount of $1,577,503.00 for WIOA activities, for the award period of July 1, 2015, through June 30, 2017, the foregoing funding to be administered by the Western Virginia Workforce Development Board. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, November 16, 2015. Sincerely, ,� ob� t Stephanie M. Moon ReylWoIds, MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human /Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40385- 111615. A RESOLUTION acknowledging and recognizing the PY2015 Workforce Innovation and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the amount of $1,577,503 for WIOA activities, for the award period of July 1, 2015, through June 30, 2017, the foregoing funding to be administered by the Western Virginia Workforce Development Board. WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the Workforce investment Act, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated November 16, 2015; and WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the fiscal agent for WIOA funds and administers the federal funds provided by WIOA through the Virginia Community College System for Local Workforce Area III, the designated area which encompasses the counties of Alleghany, Botemurt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2015 WIOA funding in the amount of $1,577,503 from the Virginia Community College System, with no local match from the City, to be administered by the Western Virginia Workforce Development Board, and to be used during the award period of July 1, 2015, through June 30, 2017, for the purpose of administering the Racknawledgc Wes1en1 V. WO[kfOr. DeMc .menl -FY2013 F dtng2 -17 -2015 WIOA activities, as more particularly set out in the City Council Agenda Report dated November 16, 2015. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the Foregoing finding. The City C'Icrk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. j 1QAT,T_E:S.T:, City Clerk. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 201 5 Subject: Funding for Western Virginia Workforce Development Board Workforce Innovation and Opportunity Act (WIOA) Programs Background The Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014, and replaced the Workforce Investment Act of 1998 (WIA). WIOA provisions related to Department of Labor Programs were effective July 1, 2015. The City of Roanoke is the grant recipient for Workforce Innovation and Opportunity Act (WIOA) funding, thus, City Council must recognize the grant funding awarded, in order for the Western Virginia Workforce Development Board to administer WIOA programs in Local Workforce Development Area III of Virginia. The Roanoke Valley - Alleghany Regional Commission serves as the fiscal agent for The Western Virginia Workforce Development Board and the WIOA funds allocated to Area III which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIOA funding is for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring and post secondary education /training. • Businesses in need of employment and job training services. The City of Roanoke has received a Notice of Obligation, on behalf of the Western Virginia Workforce Development Board, from the Virginia Community College System, allocating $1,577,503 of PY2015 WIOA funds, for WIOA Activities for award period July 1, 2015 -June 30, 2017. Considerations: • Program Operations - Existing activities will continue and planned programs will be implemented. • Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Recognize the Western Virginia Workforce Development Board PY2015 WIOA funds of $1,577,503, for award period July 1, 2015 to June 30, 2017. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human /Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40386 - 111615. AN ORDINANCE to transfer funding from the Capital Improvement Reserve to the Colonial Ave Improvements project, amending and reordaining certain sections of the 2015 -2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 -2016 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08- 530 - 9458 -9003 $ 250,000 Appropriated from General Revenue 08- 530 - 9575 -9220 (250,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: g City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Authorizing Transfer of Capital Funds for the Colonial Avenue Improvements Project Background: Improvements to Colonial Avenue are being considered in the vicinity of Overland Road to Winding Way, adjacent to the Virginia Western Community College campus. The project includes intersection improvements within the project area with a focus on increasing vehicular throughput, slowing vehicular velocities, improving bicycle and pedestrian circulation, and improved crosswalks to provide heightened awareness and emphasis on pedestrians. Considerations: A portion of the funding for this project needs to be transferred from Capital Improvement Reserve - Contingency to the project account to facilitate preliminary engineering services. Recommended Action: Adopt the accompanying budget ordinance to transfer $250,000 from account 08 -530- 9575 -9220, Capital Improvement Reserve- Contingency to a project account to be established by the Director of Finance for the Colonial Avenue Improvements. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Mark D. Jamison, P.E., PTOE, Transportation Division Manager Priscilla Cygielnik, P.E., Project Manager CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Telephone: (541))853 -2541 Fm: (540) 853 -1145 .4'1'NPn ANTE M. MOON REYNOLDS, MMC h: nmil: clerk(u�ra,nmlmvn.gov City Clerk November 17, 2015 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: CECELIA "1'. W BBB, CNIC Aeling Deputy City Clerk I am enclosing copy of Ordinance No. 40387 - 111615 amending Section 32- 108.1(5), Proration of personal property tax generally, Article III, Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. px /�,Sinnc,, ' Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40387- 111615. AN ORDINANCE amending Section 32- 108.1(5), Proration of personal Property tax gene,aly, Article 111, Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32- 108.1(5), Proration of personal property, tax generally, Article III, Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32- 108.1. - Proration of personal property tax generally. s :. (5) When any such motor vehicles or trailers y... y-acgmres a tax situs in the city or are transferred to a new owner in the city, the owner or purchaser of the property shall declare such property with the commissioner within thirty (30) days of the purchase date, and the commissioner shall assess such property pursuant to subsection (1) of this section. For failure to declare such property within thirty (30) days of purchase, a other nanster of ownership, or the acquisition of a taxable situs in the city, any owner or purchaser shall be subject to the same penalties and interest as established in section 32 -106 of this article for failure to pay tax imposed. Any such tax shall be due and payable within thirty sixty- (3069) days of the date of such owner's initial tax statement for such personal property or May 31 of the tax year, whichever shall occur later, and failure to pay in a timely fashion shall subject the owner of the purchase to the penalties and interest as established by suction 32- 106 of this article. 2. "I'he amendments made to Section 32- 108.1(5) of the City Code by this ordinance shall apply to all motor vehicles and trailers transferred to new owners within the city and motor vehicles and trailers that acquire tax sinus in the city, on or after the effective date of this ordinance, and for all new owners of vehicles and trailers within the city and all such vehicles and trailers that acquired tax situs within the city prior to the effective date of this ordinance who have not been sent personal property tax statements for such motor vehicles and trailers prior to the effective date of this ordinance . 3. This ordinance shall be in fall force and effect immediately upon its adoption. 4. Pursuant to § 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A4 �)Y), Yv�je lk City � e k. 2 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL. BUILDING 215 CHURCI IAVENUF, SW ROANOKE, VIRGINIA 24011-1595 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540.853.2431 FAX 540. 853.1221 EMAIL: dmnty @roinokex a.go% November 16, 2015 Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Authorize Amendment of Section 32 -108.1 of the City Code to Provide for Payment Personal Property Tax Bills Arising from the Purchase of New Vehicles or Acquiring New Taxable Sims Within the City to be Due Thirty (30) Days From the Bill Date or by May 31, Whichever is Later. Dear Mayor Bowers and Members of Council: Background: Section 32 -108.1 of the Code of the City of Roanoke (1979) as amended ( "City Code "), authorizes the proration on a monthly basis of personal property taxes assessed against motor vehicles and trailers ( "Property ") for the period of time the Property acquires or loses its tax situs in the city, or is transferred to a new owner within the city. In such instances, the owner has the duty to declare the Property with the City of Roanoke Commissioner of Revenue ( "Commissioner ") within thirty (30) days for assessment by the Commissioner, pursuant to Section 32- 108.1(5) of the City Code. Once the Property is assessed, the owner of the Property is then billed for the personal property tax by the City Treasurer. Such taxes are due within sixty (60) days of the purchase date of the Property or the date the Property acquires taxable sims in the City, or May 31 of the same tax year, whichever is later. Although the duty to report new purchases of Property, or changes in taxable suns of Property to the Commissioner ultimately rests upon the owner, motor vehicle dealerships report new purchases of Property to the Virginia Department of Motor Vehicles ( "DMV ") as required by law. Owners are also required to report any changes of taxable suns of the Property to the DMV. The DMV then reports such information to the Commissioner on a weekly basis. These weekly reports are sent electronically to the City from DMV. Although the reporting of this information by the DMV to the Commissioner satisfies the filing requirement of Section 32- 108.1(5) of the City Code, if this information is not received by the Commissioner within thirty (30) days, the owner of the Property is subject to assessment of a late filing penalty by the Commissioner. From time to time, the City has experienced a delay between the time the DMV report of transactions is received and the information processed to create a personal property tax statement. When the delays exceed the date for payment under City Code, the billing system generates an invoice that includes interest and penalties for late payment for the owner of the vehicle. Owners have complained that they should not be assessed interest and late charges for personal property taxes not previously invoiced due to these delays. Considerations While Section 32 -108.1 of the City Code places the duty to report the purchase of new Property or the acquisition by Property of new taxable situs to the Commissioner within thirty (30) days of purchase, many owners are unaware of this requirement. Moreover, it is not uncommon for many owners new to the City to have come from a locality that has reporting requirements different than the City. This confusion has only been exacerbated by dealerships who give new Property purchasers incorrect information concerning the reporting requirements. Under state law, only the Commissioner and the City Treasurer have the authority to waive late filing penalties and late payment penalties, respectively, and only if such persons determine that the reasons for late filing or late payment were not the fault of the owner. Although state law gives the City Treasurer wide discretion in determining fault, the Virginia Attorney General has opined that failure by a taxpayer to receive a tax bill does not constitute fault excusing the taxpayer from paying the tax. Given the large number of complaints received by new Property owners who have been assessed a late payment penalty without having been billed, and after discussing this issue with City staff including the City Treasurer, the Commissioner of Revenue, and City Auditor, our office recommends that Section 32- 108.1 (5) of the City Code be amended, in part, to provide that the prorated personal property tax assessed on all motor vehicles and trailers be due and payable within thirty (30) days of the bill date, or May 31 of the tax year, whichever shall occur later. This action should eliminate all instances where owners of new Property are assessed a late payment before they have been billed, and will provide clear direction to the owner when their personal property tax payment is due. Recommended Action: Adopt the attached ordinance amending subsection 5 of Section 32- 108.5, Proration of personal property tax generally, Article 111, Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke, to provide that the personal property tax assessed on new purchases of motor vehicles and trailers, or when such motor vehicles and trailer acquire a new taxable situs within the City of Roanoke Virginia, shall be due and payable within thirty (30) days of the bill date, or May 31 of the tax year, whichever shall occur later. The proposed ordinance further provides that such amendment shall be effective immediately upon passage, and apply to personal property tax invoices that have not been mailed to owners as of the effective date of the proposed ordinance. Danie] J. CMlaghan City Attorney DJC/lsc c: Christopher P. Morrill, City Manager Evelyn Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Barbara Dameron. Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Iaeplmne: (540) 853 -2541 Fax: (540)853 -1145 .S1'Fri IAN IF N1. MOON DFVNOLDS, MM(' City Clerk November 17, 2015 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006 -1179 The Honorable Sam Rasoul Delegate, House of Representatives 3027 -C Peters Creek Road, N. W. Roanoke, Virginia 24017 Gentlemen: CFCELIA 1. WF.66, CMC Acting Depnly City ('lei k The Honorable Chris Head Delegate, House of Representatives P. O. Box 19130 Roanoke, Virginia 24019 I am enclosing copy of Resolution No. 40388 - 111615 adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2016 Session of the General Assembly. Furthermore, a joint meeting of the School Board and City Council will be held on Monday, December 7, 2015, at 9:00 a.m., in the Council Chamber, to present the 2016 Legislative Program to the City's legislators. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, November 16, 2015. Siincceerrell�y,�y,_ (� Stephanie ►�� Stephanie M. Moo eynolds, MMC 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 Cindy Poulton, Clerk, Roanoke City School Board IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40388 - 111615 A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2016 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 16, 2015, recommended to Council a Legislative Program to be presented at the 2016 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 16, 2015, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2016 Session of the General Assembly. 2. A joint meeting of the School Board and City Council will be held on Monday, December 7, 2015, at 11:00 a.m., to present the 2016 Legislative Program to the Senators acrd Delegates. ATTEST: ne. kCiry Clerk. K \LCGJSUD16 -17 PrograinUcsokaian adopting progoin.doc CITY OF ROANOKE CITY COUNCIL IS Church A,, S.W. y^1 NoelC la I,r mumc,al tLiddin, ,suite456 R ka Virgmia 24011 1536 Telephone'. (540) 851 -2541 DAVID A. BOWERS tax. (540)853 -1145 Council Members Ma.nr William D. Benpitch Raphael E. `Ray" Ferris November 16, 2015 Sherman P. Lea Anita 1 Pricc Court G. Rosen David B. Trinkle The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2016 Legislative Program Dear Mayor Bowers and Members of City Council: As Chair of the City Council Legislative Committee (Committee), I am pleased to present to you the 2016 Legislative Program as adopted by the Committee on November 2, 2015. The proposed program includes new recommendations to (i)provide funding for body cameras for the Police Department; (ii)support of the Virginia Recreation and Park Society's legislative priorities; (iii)allow for a notice of violation to property owners be sent by regular mail rather than certified mail; (iv)enable localities to adopt regulations restricting smoking in outdoor public facilities; and (v)limit the amount of interest paid by localities for refunds to the rate earned by the locality in circumstances involving taxpayer error or taxpayer amendments to the return. "fhe Committee also discussed issues related to Roanoke City Public Schools and suggests support of legislation to allow school start dates to be set by local school boards; and continued support for increased state funding of education. The Committee has also agreed to include some matters from the 2015 Legislative Program and previous programs including local revenue collections, tax reform, budget and unfunded mandates, transportation, domestic violence and regulation of plastic bags. The Committee considered the request made to City Council regarding the adoption of a resolution regarding campaign finance and ethics reform legislation that Congress and the General Assemble could be encouraged to adopt. The Committee unanimously agreed that the matter should not be a part of the 2016 Legislative Program. The Committee recommended that the adoption of any resolution be determined by City Council. As Chair of the Legislative Committee, I wish to thank the other members of Council and the members of the School Board, Ms. Lewis and Mr. Ilopkins, for their service on the Committee. I also thank our legislative liaison, Mr. Rob Calton, for his guidance and counsel in developing the 2016 Legislative Program. On behalf of the Legislative Committee, I request that City Council adopt the 2016 Legislative Program. ARespectfully submitted, Court G. Rosen, Chair Legislative Committee DJC /CR/Isc Attachment c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Dr. Rita Bishop, Superintendent Annette Lewis, Member, Legislative Committee William Hopkins, Member, Legislative Committee Stephanie M. Moon Reynolds, City Clerk K]LL6IS�O16 -19 Pm,e ,n'Lt, coin Cher m Connell with Pmgrem 2016.(1 106,2015 FINAL)d., RECOMMENDED: 1 1.16.2015 quality and energy conservation. Roanoke applauds the continued efforts of the Governor and the General Assembly in developing, promoting, and funding a comprehensive and diverse transportation plan for the Commonwealth, and the Roanoke region. The Commonwealth and Roanoke are active partners in the return of passenger rail to the Star City within the next two years. Roanoke appreciates and applauds this commitment from the Commonwealth. Roanoke supports further expansion of passenger rail service throughout Southwest Virginia. A. Hiahwav Infrastructure The City urges Congress, the Federal Highway Administration, Governor, General Assembly, and the Virginia Department of Transportation to take all steps necessary to pursue all available funding for improvements to expand and improve the reliability of Interstate 81 and commence construction of Interstate 73 from Interstate 81 to the North Carolina border, including improvements to Interstate 581 and rc- designation of Interstate 581 to Interstate 73. These projects are critical components in the improvement of transportation infrastructure in the Roanoke Valley and Southwest Virginia. Improvements in transportation infrastructure and facilities are essential to the maintenance and expansion of economic development and to improve the safety and reliability of corridors throughout our region. These projects are Roanoke's highest transportation and economic development priorities. B. Public Transit Funding Roanoke strongly encourages the General Assembly to maintain support for local public transit programs such as the Valley Metro bus service in Roanoke. Local bus service is a critical component of the overall transportation system in our community and is an important component of our community's quality of life. For many Roanoke residents, bus service is an essential service. A quality bus service will reduce traffic congestion and energy consumption. Roanoke opposes any changes in funding formulas that will drastically reduce current funding for Valley Metro bus system. III. DOMESTIC VIOLENCE The City applauds the efforts of the Commonwealth in adopting rules under which organizations like Total Action for Progress (TAP) can apply for funding for programs like Sabrina's Place, the only comprehensive program in the Commonwealth that provides domestic violence focused supervised parental visits and child exchanges. The City urges the General Assembly to continue support of supervised parental visitation and child exchange programs such as Sabrina's Place because such programs are a critical component of efforts to curb domestic violence. IV. LAW ENFORCEMENT The City encourages the General Assembly to develop comprehensive legislation to allow local law enforcement to continue utilization of technologies, such license plate readers, to perform their duties and protect the public. Legislation should also provide local law enforcement with flexibility in using developing technologies. Comprehensive legislation should recognize the value of these tools and balance the legitimate privacy concerns of individuals. RECONINIENDFD: 11.16.21115 V. INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES During the 2015 General Assembly, the Virginia Department of Social Services worked with the General Assembly to introduce changes to the Virginia Code and secure state funding which would have permitted the implementation of the federal Fostering Connections program in Virginia, thus ensuring the continuation of a full range of supportive services for both foster and adoptive youth to age 21. The legislation did not pass. Prior to the 2015 General Assembly, children in foster care between the ages of 0 -21 were guaranteed to receive "foster care services." These foster care services include a very broad range of services to meet the unique needs of children in foster care. Under the umbrella of "foster care services" is a much narrower category of "independent living services." By failing to enact the Fostering Connections program in Virginia, children in foster care between the ages of 18 -21 are now only entitled (with limited exceptions) to receive the limited category of independent living services. The City supports extending foster care and adoption services to age 21 which includes providing financial and educational support to help these youth and young adults transition into adulthood. VI. ADMINISTRATIVE MATTERS A. Collaboration of Public Recreation and Private Industry Localities throughout the Commonwealth acknowledge the importance of the need for industries to develop, nurture, and expand a diverse economy. A critical component in a strong, diverse 21" Century economy is public recreational facilities such as greenways. These recreational offerings contribute to the fabric of a community and the quality of life. The General Assembly should explore opportunities to ensure that state regulations do not inhibit opportunities for local manufactures and public recreation facilities to exist together in a community. Roanoke is a city built on industries such as the railroad and manufacturing. The Star City is also recognized as a place where opportunities for outside activities are boundless. As the City expands and seeks to complete its public greenway for the benefit of the community, concerns have been raised that the proximity of the greenway to an existing manufacturing business could create regulatory challenges for this business. These challenges include the possibility that the business would need to upgrade its facility or face unwarranted litigation based solely on the fact that the business is near a stretch of the greenway. The City urges the General Assembly to create two protections for these businesses. First, the General Assembly should provide that the operating permits issued by the Department of Environmental Quality shall not be subject to review or change solely due to the location of a greenway on property of the business that is proximate to the property on which the business maintains it physical plant. Second, the City urges the General Assembly to provide such businesses with immunity from lawsuits challenging the right of the business to continue its operations, provided the business is operating in accordance with its existing operating permits and licenses. These legislative initiatives recognize the importance of industry and the environment collaborating to create a diverse, healthy, and sustainable community. RECOMMENDED: 11.16.2015 B. Advertising City Procurements The City supports changing the procurement notification Code section to allow localities, at local option, to, post public notice of Requests for Proposals on the Department of General Services central electronic procurement website known as "e -Va" at www.eva.virginia.gov. or on the localities central electronic procurement website. Publishing the procurement on c -Va and on the localities website would negate any requirement to publish a procurement in the local newspaper. Publishing procurements in the local newspaper does not represent the same reach into the government vendor community as publishing on State and local electronic procurement websites, and the requirement to publish procurement opportunities in the newspaper is not an efficient use of taxpayer dollars. C. Judicial Appointments Fund Circuit Court Judge Position In late October 2015, the Honorable Clifford R. Weckstein announced his retirement as a judge of the Circuit Court of the City of Roanoke, Virginia. Judge Weckstein had a long and distinguished career in public service. In order to continue his commitment to serving the needs of the 23d Judicial Circuit, the General Assembly must ensure that this judicial position is funded and filled with all deliberate speed. The administration of justice for citizens and businesses in the 23d Circuit require this action. 2. Additional General District Court Judge Roanoke wants to be responsive to its citizens, especially in circumstances where property owners are not in compliance with city code requirements. Presently, city code enforcement actions before the General District Court are limited to one (1) hearing day each calendar month. This limitation causes delays for the City planning and code enforcement staff. In addition, citizens generally, including landlords and tenants, and citizens dealing with traffic enforcement issues, experience significant inconvenience and delays with the lack of an additional General District Court judge. The General Assembly can provide relief from these delays by funding and appointing another judge for the General District Court. One General District Court judge retired in October, 2013 and that position has remained unfilled. As a result, judges from Roanoke County hold sessions in Roanoke City on certain days during each month. Prior to the retirement of one of the three General District Court judges in 2013, code enforcement cases were scheduled on two (2) days each calendar month. Roanoke urges the General Assembly to take action to provide Roanoke with a third General District Court judge. D. Plastic Bags The City supports legislation that will enable the City to charge and collect a fee for the use of plastic shopping bags provided by retailers to its customer. The goal of such legislation is to provide the City with a revenue source to fund clean -up actions associated with persistent littering, often in the form of plastic bags discarded by customers of retail stores. These clean -up activities will assist the City in meeting its mandated MS4 stormwater permit requirements and enhance the livability and attractiveness of The Star City of The South. RECOMMENDEsD: 11.16.201 E. Minimum Waee In 2015, bills were introduced, but were not enacted, in the House of Delegates and the Senate to increase the minimum wage. The City strongly encourages the General Assembly to first evaluate whether the minimum wage, currently at $7.25 per hour, should be increased to provide a living wage to Virginia families. Such evaluation should consider the benefits of an increase on working families; the ramifications of an increase on local, regional, and statewide economies; the impacts on the ability of localities within the Commonwealth to recruit, attract, and maintain businesses; the advisability of indexing future increases in the minimum wage; and the experiences of other jurisdictions where increases in the minimum wage have been adopted. A comprehensive study is essential in making an informed decision on this very important issue. F. Smokine in Public Parks Current state code allows localities to regulate smoking in certain public facilities. Public facilities are limited to indoor facilities. Localities should be given the authority to regulate smoking in outdoor facilities such as public parks. The legislation would enable localities to adopt measures; the legislation should not mandate action by localities. G. Parks and Recreation The City endorses the 2016 Legislative Priorities of the Virginia Recreation and Park Society. These priorities can be found at www.vrps.com. H. Miscellaneous code chanties The City recommends the following technical changes to state code Amend Section 15.2 -901 (B) to provide that nuisance liens have the same priority and duration as unpaid local real estate tax liens. Currently, state code provides that nuisance liens have the same priority as "unpaid local taxes." Amend Section 8.01 -417 to require affiants who submit affidavits to establish damages to reside or have a place of business within the Commonwealth of Virginia. Affiants who are outside the Commonwealth are not subject to the subpoena power of the courts. Amend Section 15.2 -2311 (A) to allow localities the option of mailing a notice of violation by regular mail rather than certified or registered mail, provided that the locality includes a postage- prepaid return card with the notice. This change could allow localities to save several thousands of dollars in postage costs. RECOMMENDED: 11.16.2015 City of Roanoke Public Schools 2016 Legislative Program SCHOOL START DATE The City and the Schools support amendments to Virginia Code Section 22.1 -79.1 that would afford the Roanoke City School Board the discretion to select the School Start Date that best suits the needs of its students and those of the school division. The control of the public school calendar by the local school board would provide local flexibility and control over opening dates to allow the Roanoke City School Board to have time to provide for required remediation and teacher training. Additionally, it would allow the Roanoke City School Board to ensure its schedule does not conflict with the articulation agreement with Virginia Western Community College (Virginia Code Section 23- 9.23.02) which allows dual enrollment opportunities for its students. RCPS would be able to schedule exams for dual enrollment classes based upon the Virginia Western Community College exam schedule. Furthermore, RCPS believes that additional instructional days prior to administering the Standards of Learning (SOL) tests would result in improved student performance on the SOL tests. H. FUNDING FOR EDUCATION The State has a constitutional duty to meet its education funding obligations. The City and the Schools encourage you to do everything possible to significantly increase spending on public education. The Roanoke City Schools is operating with the same level of state funds provided in 2009. The City and Schools support full funding of State education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City and Schools oppose changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the State to localities. As an example, the City and Schools oppose the elimination or decrease of State funding for State mandated benefits for school employees. The City and the Schools oppose policies that lower State contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The State should not continue to maintain and increase educational requirements while at the same time decreasing State funding. The challenges confronting local schools are compounded because the actual costs incurred by local school divisions in meeting mandates are often much greater than estimated by the Commonwealth. Additionally, the increase in classroom rigor as a result of changes in student performance requirements should be supported by an increase in teacher instructional knowledge and skills. Funds should be allocated to support continuing education for teachers. Funding for education includes an emphasis on access to enhanced technology to assist all students for the challenges presented by technology based SOL tests. Roanoke City Public Schools has initiated a program to provide eighth graders with lap top computers to address this challenge. As a part of its effort to fulfill its constitutional obligation to education funding, the Commonwealth must include funding for technology that enhance learning as well as the staff development needed for teachers. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chtvch Avenw, S. W., Snit, 456 Rotumke, Virginia 24011 -1536 '11,,).tum: (540)853 -2641 Fax: (54111853 -1145 YI'EPINN11, M. MOON REYNOLDS, MM( P. mail: cicrk(n:ro:n,okeva.FOV CECIv1AA I. WEDD, CM(' City Clerk Acting Depnty City Clerk November 17, 2015 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40389 - 111615 amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Section 32 -3 7, Appointment, Division 2, Assessment of Real Estate Generallv, Article II, Real Estate Taxes Generally, Chapter 32, Taxation; and Section 34 -147, Records of trips, Article IV, Horse -Drawn Vehicles, Chapter 34, Vehicles for Hire; Code of the City of Roanoke (1979) as amended; and by amending and reordaining Section 7 -2, Removal repair, or securement of structures: recovery of costs, Article I, In General, Chapter 7, Building Regulations; Section 19 -31, Commissioner's records and reports, and Section 19 -32.1, Appeals and rulings, Article I, In General, of Chapter 19, License Tax Code; Section 21 -25, Willful damage to or defacement of public or private facilities, Article I, In General, Chapter 21, Offenses - Miscellaneous; Section 22.3 -8. Board of trustees generally, Article ll, Administration, and Section 22.3 -78, Administration and investment, Article XIV, Defined Contribution Plan, of Chapter 22.3, Pensions and Retirement; Section 30 -90, Inspection of work; accounting for costs, Division 2, Construction of Sidewalks by Property Owners, Article IV, Construction of Sidewalks. Curbs and Sidewalk Crossings, Chapter 30, Streets and Sidewalks; Section 32 -171, Local water and telephone utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation; and Section 33 -22, Accounting for abatement costs, Article II, Weed and Trash Abatement, Chapter 33, Vegetation and Trash; Code of the City of Roanoke (1979), as amended. Municipal Code Corporation November 17, 2015 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. -Sincerely, 1'� GSM �no-�✓ Stephanie M. Moon ynolds, MMC City Clerk Enclosure PC: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40389 - 111615, AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Section 32 -37, Appointment, Division 2, Assessment of Real Estate Generally, Article II, Real Estate Taxes Generally, Chapter 32, Taxation; and Section 34 -147, Records of hips, Article IV, Horse -Drawn Vehicles, Chapter 34, Vehicles for Hire; of the Code of the City of Roanoke (1979) as amended; and by amending and reordaining Section 7 -2, Removal, repair, or securement of structures recovery of costs, Article 1, In General, Chapter 7, Building Regulations; Section 19 -31, Commissioner's records and reports, and Section 19 -32.1, Appeals and rulings, Article 1, In General, of Chapter 19, License Tax Code; Section 21 -25 Willful damage to or defacement of public or private facilities, Article I, In General, Chapter 21, Offenses - Miscellaneous; Section 22.3 -8. Board of trustees generally, Article II, Administration, and Section 22.3 -78, Administration and investment, Article XIV, Defined Contribution Plan, of Chapter 22.3, Pensions and Retirement; Section 30 -90, Inspection of work accounting for costs, Division 2, Construction of Sidewalks by Property Owners, Article IV, Constmction of Sidewalks, Curbs and Sidewalk Crossings, Chapter 30, Streets and Sidewalks; Section 32 -171, Local water and telephone utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation; and Section 33 -22, Accounting for abatement costs, Article II, Weed mid Trash Abatement, Chapter 33, Vegetation and 'Trash; of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 32 -171, Local water and telephone utility tax, Article VII, Tux on Purchase of Utility Services, Chapter 32, Taxation, of the Code of the City of Roanoke, Virginia (1979), is hereby REPEALED. 2. Section 34 -147, Records oftrips, Article IV, Horse -Drawn Vehicles, Chapter 34, Vehicles for Hire, of the Code of the City of Roanoke, Virginia (1979), is hereby REPEALED. 3. Section 7 -2, Removal, repair, or securement of shvctures� recovery of costs, Article 1, In General, Chapter 7, Buildine Revelations, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 7 -2. - Removal, repair, or securement of structures: recovery of costs. (g) The director of '^ � may exercise discretion to determine when it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. Alt such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 4. Section I9 -31, Commissioner's records and reports, Article I, In General, Chapter 19, License Tax Code of the Code of the City of Roanoke (1979) as amended, Section 19 -32.1, Appeals and rulines, Article 1, In General, Chapter 19, License Tax Code, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 19 -31. - Commissioner's records and reports. It shall be the duty of the commissioner to keep a record in which he shall classify all the branches of businesses and occupations upon which a license tax is imposed by this 2 chapter, and show the amount of assessment made upon each license, the name of the person assessed and the period for which such license was issued. At the close of each month, he shall deliver to [hdef Fliffiltgoe; the director of finanec� and the city treasurer, a statement reporting the number of licenses issued and the amount of taxes paid under each classification, together with accumulative totals for the fiscal year ending June 30, comparative with the previous year, within 15 days of the end of the month. Section 19 -32.1, Appeals and rulings, Article 1, In General, Chapter 19, License Tax Code, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 19 -32.1. - Appeals and rulings. (d) On receipt of a notice of intent to file an appeal to the tax commissioner under subsection (c) of this section, the assessing official shall notify the treasurer and the dtneet i °,t- .ilnane ° °ecity manager, or the city manager's designee of appeal. The treasurer shall suspend collection activity until a final determination is issued by the tax commissioner, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 19 -20(g) of this chapter, but no further penalty shall be imposed while collection action is suspended. The tern "jeopardized by delay" shall have the same meaning as set forth in subsection (b) above. �s« 6. Section 21 -25, Willful damage to or defacement of public or private facilities, Article 1, In General, Chapter 21, Offenses- Miscellaneous, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 21 -25. - Willful damage to or defacement of public or private facilities. (d) Authority ofcity to remove or repair. * * 4: (5) Every charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1 -3940 et seq.) and 4 (§ 58.1 -3965 of seq.) of Chapter 39 of Title 58. 1, Code of Virginia. The manager, or city manager's designee may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. >xx Section 22.3 -8, Board of trustees generally, Article 11, Administration, Chapter 22.3, Pensions and Retirement of the Code of the City of Roanoke (1979) as amended, is amended and reordained to read and provide as follows: Sec. 22.3 -8. - Board of trustees generally. (b) The board shall be appointed by city council and consist of nine (9) trustees as follows: • <s (2) The city manager, or his or her designee, who shall not be the director of finance, ex officio. Section 22.3 -78, Administration and investment, Article XIV, Defined Contribution Plan, Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 22.3 -78. - Adminishation and investment. 3k* (b) The defined contribution board shall be appointed by city council and shall consist of five (5) members as follows: the city manager, cx- officio; ainensber demviateat by -the city- lnimageFthe director of finance, ex- officio;; a one nib's des+gufftetf by Siu- direcit>riiF -k+xi r;- and ;he director of human resources, ex- officio; and two members appointed by the city manager, who shall not be the director of finance. The members designated by the city manager and aineet-,..o offiaouce; shall serve terns of four (4) years. e�* Section 30 -90, Inspections of work: accounting for costs, Division 2, Construction of Sidewalks by Property Owners, Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and rwrdained to read and provide as follows: Sec. 30 -90. - Inspection of work: accounting for costs. The city manager or the city manager's designee shall cause all sidewalk construction authorized under the provisions of this division, to be carefully inspected during the progress of the work and upon the completion thereof. Thereafter, he or she shall render to the, dwd :.,etc: of ngnpe�an account of the cost of the work and the amount of any rebate allowable to each property owner, or to the contractor, as the case may be, apportioned according to the frontage of the property owners. 10. Section 32 -37, Appointment, Division 2, Assessment of real estate generally, Article II, Real estate taxes generally, Chapter 32, Taxation, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 32 -37. - Appointment. The director of real estate valuation shall be appointed by the director of -fi •„° • e,°°city manager or the city manager's designee, and shall be included in the city's pay and classification plan. 11. Section 33 -22, Accounting for abatement costs, Article 11, Weed and Trash Abatement, Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke, Virginia (1979) as amended, is amended and reordained to read and provide as follows: Sec. 33 -22. - Accounting for abatement costs. The city manager, or city manager's designee, shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and t�f,riarc�at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee as specified in section 2 -178.4 of this Code, to be assessed against the owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. 12. This Ordinance shall become effective on the passage of this Ordinance. 13. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 6 November 16, 2015 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P Lea Anita J. Price Court G. Rosen David B. Trinkle Re: Report from Task Force on City Code Amendments Affecting Director of Finance Dear Mayor Bowers and Members of Council: The General Assembly adopted Chapter 347, Laws of 2015, to amend the Roanoke City Charter to allow the City Manager to appoint the Director of Finance, among other things, effective July 1, 2015 (Charter Amendment). The Charter Amendment removed some of the specific duties assigned to the Director of Finance and reserved to City Council the authority to designate such additional duties to the Director of Finance by the adoption of ordinances. On June 15, 2015, Council adopted Ordinance No. 40272 - 061515 to amend 3 sections of City Code with respect to the position of Director of Finance (Section 2 -233 (appointment), Section 2 -235 (general duties), and Section 22.3 -2 (removed reference of director of finance from the definition of council appointed officials)). Council also adopted Resolution No. 40273 - 061515 to create a task force to review the City Code and suggest revisions of City Code as a result of the Charter Amendment (Task Force). The members of this Task Force are the City Manager or his designee, the Director of Finance or her designee, the City Attorney or his designee, and me. Pursuant to Resolution No. 40273- 061515, the Task Force is required to report to Council with recommendations by November 1, 2015. The Task Force met on September 10, 2015 to review the current City Code to determine what provisions of City Code need to be amended as a result of the Charter changes affecting the position of the Director of Finance. The Task Force recommended, and on October 8, 2015, City Council adopted Ordinance No. 40363 - 100815 amending four sections of City Code. These amendments further implement the changes in the Charter related to the appointment of the Director of Finance and designates duties of the Director of Finance, as permitted under the City Chatter. The Task Force met again on October 8, 2015, to review the remaining provisions of City Code and make further recommendations to Council for consideration at the regular session of Council on November 2, 2015. The Director of Finance has also met with various departments to review specific departmental sections of City Code. The Task Force recommends changes to the following sections of CITY OF ROANOKE CITY COUNCIL w/ 215 Church Avenue. S. W. Noel C. Tavor Municipal Building Suite 456 Roanoke Virginia 24011 -1536 - -� Telephone: (540) 853 -2541 DAVID A. BOWERS tax (540) 853 -1145 Mayor November 16, 2015 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P Lea Anita J. Price Court G. Rosen David B. Trinkle Re: Report from Task Force on City Code Amendments Affecting Director of Finance Dear Mayor Bowers and Members of Council: The General Assembly adopted Chapter 347, Laws of 2015, to amend the Roanoke City Charter to allow the City Manager to appoint the Director of Finance, among other things, effective July 1, 2015 (Charter Amendment). The Charter Amendment removed some of the specific duties assigned to the Director of Finance and reserved to City Council the authority to designate such additional duties to the Director of Finance by the adoption of ordinances. On June 15, 2015, Council adopted Ordinance No. 40272 - 061515 to amend 3 sections of City Code with respect to the position of Director of Finance (Section 2 -233 (appointment), Section 2 -235 (general duties), and Section 22.3 -2 (removed reference of director of finance from the definition of council appointed officials)). Council also adopted Resolution No. 40273 - 061515 to create a task force to review the City Code and suggest revisions of City Code as a result of the Charter Amendment (Task Force). The members of this Task Force are the City Manager or his designee, the Director of Finance or her designee, the City Attorney or his designee, and me. Pursuant to Resolution No. 40273- 061515, the Task Force is required to report to Council with recommendations by November 1, 2015. The Task Force met on September 10, 2015 to review the current City Code to determine what provisions of City Code need to be amended as a result of the Charter changes affecting the position of the Director of Finance. The Task Force recommended, and on October 8, 2015, City Council adopted Ordinance No. 40363 - 100815 amending four sections of City Code. These amendments further implement the changes in the Charter related to the appointment of the Director of Finance and designates duties of the Director of Finance, as permitted under the City Chatter. The Task Force met again on October 8, 2015, to review the remaining provisions of City Code and make further recommendations to Council for consideration at the regular session of Council on November 2, 2015. The Director of Finance has also met with various departments to review specific departmental sections of City Code. The Task Force recommends changes to the following sections of City Code to clarify the Director of Finance's position: 7 -2 (waiver of liens relating to demolition of structures), 19- 31(commissioner of the revenue's records), 19- 32.1(appeals to the tax commissioner), 21- 25(waiver of liens for costs to repair public building), 22.3- 78(defined contribution board appointees), 30- 90(sidewalks and rebates to property owners), 32- 37(appointment of director of real estate valuation), 32-17 1 (telephone tax — no longer applicable), 32- 22(accounting of abatement costs), and 34- 147(records of trip of horse drawn vehicles). The Task Force considered City Code Section 22.3 -8 regarding the Director of Finance's position on the Pension Board, ex officio, and recommends that the Director of Finance remain a member of the Pension Board, ex officio. However, we recommend the City Manager's position on the Pension Board to be amended to provide that "the city manager, or his or her designee, who shall not be the director of finance" to account for the Director of Finance's appointed position on the Pension Board. The Task Force has reviewed the remaining sections of City Code that involve the Director of Finance, and recommends that no changes be made to those sections. We have prepared an ordinance to amend the above recommended sections of City Code to make City Code consistent with the Director of Finance being a City Manager appointed position. The ordinance amends nine and repeals two sections of City Code. These amendments implement the changes in the Charter related to the appointment of the Director of Finance and designates duties of the Director of Finance, as permitted under the City Charter. I request that Council adopt the proposed ordinance to make certain amendments to City Code relative to the position of the Director of Finance. At this time, the Task Force has completed its duties, and I respectfully request that the Task Force be disbanded. Sincerely, 4" Rap aE. Fert`I�- Member of Council Chair of Task Force REFflmc c: Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Hannon, City Auditor Stephanie Moon Reynolds, City Clerk Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attorney CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 telephone; (540)853 -2541 Fnv: (541)853 -1145 &,rail: clerkfurounokcy..g.y CECELIA T. WEBB, CHIC S'I'I!I`IIAN16: M. MOON REYNOLDS, MMC Acting Deputy City Clerk City Clerk November 17, 2015 Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40390 - 111615 to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund for various educational programs, amending and reordaining certain sections of the 2015 - 2016 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, �ty)� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40390 - 111615. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund for various educational programs, amending and reordaining certain sections of the 2015 -2016 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 2015 -2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Personal Services 302 -000- 0000 -0000 -169K- 61310- 41141 -9 -01 $ 6,000 Benefits 302- 000 -0000- 0000 -169K- 61310- 42204 -9 -01 500 Materials 8 Supplies 302 - 000 - 0000 - 0000 -069K - 61310 - 46630 -9 -01 2,640 Personal Services 302- 000- 0000 - 0000 -176K- 61310- 41141 -9 -01 10,000 Benefits 302- 000 - 0000 - 0000 -176K- 61310 - 42204 -9 -01 800 Materials 8 Supplies 302 - 000 - 0000 -0000.176K - 61310 - 46630 -9 -01 3,694 Personal Services 302 -110- 0000 - 0000 -132K- 61100- 41121 -3 -01 143,693 Benefits 302 - 110 -0000- 0000 -132K- 61210- 42204 -3 -01 56,675 Professional Development 302 - 110 -0000- 1000 -132K- 61100 - 43313 -9 -01 8,577 Internal Printing - Parental moat 302- 110 -PINV- 1000 -132K- 61310- 44450 -9 -01 814 Indirect Cost 302 - 000 -INDC- 0000 -132K- 00000- 62000 -0 -00 13,051 Materials 8 Supplies 302 -110 - 0000 - 0000 -132K- 61100- 46613 -2 -01 9,376 Equipment 302- 110 -0000- 0420 -132K- 68200- 48821 -2 -01 7,567 Personal Services 302 -110- 0000 - 0000 -135K- 61100- 41121 -2 -0i 10,881 Personal Services 302 -110- 0000- 000&137K- 61100 - 41141 -2 -01 5,461 RCPS+ Summer Enrichment 302 - 110 -RPLU- 0280 -311 K- 61210 - 41129 -3 -00 1,000 FICA 302 - 110- 0000- 0280 -311 K- 61210 - 42201 -3 -00 397 Summer Program 302 - 110 - RPLU -0210 -311 K- fi1210- 41129 -3 -00 1,000 FICA 302- 110- 0000- 0210 -311 K- 61210 -02201 -3 -00 397 Summer Program 302 -110 -RPLU -0450 -311 K- 61210- 41129 -3 -00 1,000 FICA 302 - 110 -0000- 0450 -311K- 61210- 42201 -3 -00 397 Summer Program 302- 1 to- RPLU- 0230 -311K- 61210 - 41129 -3 -00 1,000 FICA 302 - 110 -0000- 0230 -311K- 61210- 42201 -3 -00 397 Summer Program 302 -110 -RPLU- 0150 -311 K- 61210 - 41129 -3 -00 1,000 FICA 302- 110 -0000 -0150 -311K- 61210 - 42201 -3 -00 397 Technology Harrill Additions 302- 280 - PASS - 0400 -380K- 68200 - 48210-301 18,400 Instructional Material 302 -280 -PASS- 0400 -380K- 68200- 46630 -3 -01 800 Revenues Federal Grant Receipts 302- 000 -0000- 0000 -169K - 00000- 38365 -0 -00 $ 9,140 Fatless Grant Receipts 302- 000 - 0000 - 0000 -176K- 00000 - 38365 -0 -00 14,494 Federal Grant Receipts 302 -000- 0000 - 0000 -132K- 00000- 38010 -0 -00 239,753 Federal Grant Receipts 302 - 000 -0000- 0000 -135K- 00000- 38367 -0 -00 10,881 Federal Grant Receipts 302- 000 -0000- 0000 -137K- 00000- 38365 -0 -00 5,461 Federal Grant Receipts 302 -000 - 0000 - 0000 -311K- 00000- 38334 -0-00 6,985 Slate Grant Receipts 302 -280- PASS - 0400 -380K- 00000- 32366 -0-00 18,400 Local Match 302- 280 - PASS - 0400 -38oK- 00000 - 72000 -0 -00 800 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATT0.- TyEESST�: n- ' n hIL W' ' City Clerkl. November 16, 2015 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Thursday, November 12, 2015, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award Title III: Standard Immigrant Children and Youth Award 2015 -16 $9,139.93 Title III: Supplemental Immigrant Children and Youth Award 2015 -16 $14,494.43 Revised Appropriations Additional Award Title I, Part A Improving Basic Programs 2015 -16 $239,752.60 Title II: Improving Teacher Quality 2015 -16 $10,881.01 Title III: Limited English Proficient 2015 -16 $5,461.29 GEAR UP Virginia (GUV) 2015 -16 $6,984.00 e- Learning Backpack Initiative 2015 -16 $19,200.00 On behalf of the School Board, thank you for your consideration. Sincerely, — �r.Pd,��9,� Cindy H. P lton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w /details) Suzanne P. Moore ROANOKE CITY PUBLIC SCHOOLS School Board Suzanne P. Moore Chairman Lori E. Vaught Vice Chairman Mark K. Cothey William B. Hopkins, Jr. Annette Lewis Laura D. Rottenborn Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board .wW.'c"Jnfo p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: School Board Appropriation Request Background As the result of official School Board action at its November 12, 2015 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Title III Standard Immigrant Children and Youth Award 2015 -16 grant of $9,140 provides additional financial assistance to enhance instructional opportunities for immigrant children and youth. This award was received based on meeting the state's criteria for a significant increases in immigrant students. This program will be fully reimbursed by federal funds and will end June 30, 2016. The Title III Supplemental Immigrant Children and Youth Award 2015 -16 grant of $14,494 provides additional financial assistance to enhance instructional opportunities for immigrant children and youth. The award was received based on accepting 50 or more unaccompanied children from the U.S. Department of Health and Human Services' Office of Refugee Resettlement in calendar year 2014. This program will be fully reimbursed by federal funds and will end June 30, 2016. The Title I, Part A Improving Basic Programs 2015 -16 grant of $239,753 provides financial assistance for high numbers or percentages of children from low- income families to help ensure that all children meet state academic content and achievement standards. This is a revision to the original award allocation, will be fully reimbursed by federal funds and will end September 30, 2017. This is a continuing program. The Title II Improving Teacher Quality 2015 -16 grant of $10,881 was awarded for preparing, training, and recruiting high - quality teachers and principals that are capable of ensuring all children achieve to high standards. This is a revision to the original award allocation, will be fully reimbursed by federal funds and will end September 30, 2017. This is a continuing program. The Title III Limited English Proficient (LEP) 2015 -16 grant of $5,461 was awarded to support programs to improve the education of limited English proficient children and youth by helping them learn English and meet state content and achievement standards. This is a revision to the original award allocation, will be fully reimbursed by federal funds and will end September 30, 2017. This is a continuing program. The GEAR UP Virginia (GUV) 2015 -16 grant of $6,984 provides a comprehensive set of services to improve college readiness and increase college enrollment. The project will also follow students through their first year of college by providing mentoring and tutoring to ease their transition to postsecondary education. The following schools have been accepted as participants Addison, Breckinridge, Madison, Jackson, and Wilson Middle Schools. This is a revision to the original award allocation, will be fully reimbursed by federal funds and will end August 31, 2016. This is a continuing program. The Virginia e- Learning Backpack Initiative 2015 -16 grant of $19,200 provides every ninth grade student attending a public school that is not fully accredited with a laptop or tablet computer, digital content and applications, and access to content creation tools. Roanoke City Public Schools has received funding to assist with expanding the Portable Anytime Student Systems (PASS) laptop initiative to include the ninth grade at William Fleming High School. This is a revision to the original award allocation. Grant expenses will be fully reimbursed by state and local match funds. The program will end June 30, 2016. 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. i (� Andrea F. Trent Assistant Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke,Virginia 24011 -1536 'Fcicphonc (5411)853 -2541 Fur: (540)853 -1145 S1 EMIANIE M. MOON REYNOLDS, MMC E -nnil: clerk(nh'pmi0keva ' gOV CECE1AA'1'.WH6q CMC' City Clerk Acting Deputy ('ity Clerk November 17, 2015 Paula Page Williams 1515 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Williams: I am enclosing copy of Resolution No. 40391 - 111615 appointing you as a Director of the Economic Development Authority of the City of Roanoke to fill the unexpired term of Brian K. Redd ending October 20, 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 16, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required 'Yo read and become familiar with provisions of the Act." Paula Page Williams November 16, 2015 Page 2 Furthermore, pursuant to Section 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish City of Roanoke representatives to Economic Development Authority with a Financial Disclosure Form. State Code provisions further provide that all disclosures filed and maintained as a matter of public record must be retained for a period of five years in the Office of the Clerk of the governing body. Therefore. the Financial Disclosure Form must be completed and returned to the On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Economic Development Authority. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures PC: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 W IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40391- 111615. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. WHEREAS, the Council is advised that Brian K. Redd, a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective September 21, 2015, from a position the term of which is to expire October 20, 2017, and the vacancy has not been filled; acid WHEREAS, §151-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired tern. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Paula Williams is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of Brian K. Redd which commenced on October 21, 2013, and will expire on October 20, 2017. K eMsasmes \aDA arpoinlmed, for ro",red term red wiIIraids doc ATTEST: 1i y CIerGf �� COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixteenth day of November 2015, PAULA PAGE WILLIAMS was appointed as a Director of the Economic Development Authority, to fill the unexpired term of Brian K. Redd ending October 20, 2017. Given under my hand and the Seal of the City of Roanoke this seventeenth day of November 2015. it' y Clerk U CITY OF ROANOKE OFFICE, OF THE CITY CLERK 2l5 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephnne: (540)853 -3541 pax: (5411)853 -1145 M; nmil: cicrk(nhonnokcvnguv CECELIA'1.. Wk:6a, CMC ti 'I lil`IIANIP. M. MOON li k:YNO1.U5, NI NI (' Acting Deputy City Clerk City Clerk November 17. 2015 The Honorable Mark Warner, Member The Honorable Tim Kaine, Member United States Senate United States Senate 475 Russell Senate Office 388 Russell Senate Office Washington, D. C. 20510 Washington, D. C. 20510 Gentlemen I am enclosing copy of Resolution No. 40392 - 111615 supporting state and federal legislation that fosters, supports, enhances, and strengthens responsive and responsible government by reducing the influence of unregulated campaign contributions upon elected officials and establishing limitations upon governmental officials who transition to the private sector. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, November 16, 2015. Sincerely, .� St�M.`Moon Reynolds, ItifM City Clerk Enclosure PC: The Honorable Bob Goodlatte, Member, United States House of Representatives, 10 Franklin Road, S. E., Suite 540, Roanoke, Virginia 24011 The Honorable Terrence R. McAuliffe, Governor, Commonwealth of Virginia, P. O. Box 1475, Richmond, Virginia 23218 The Honorable John S. Edwards, Member, Senate of Virginia, P. O. Box 1179, Roanoke, Virginia 24006 -1179 The Honorable Sam Rasoul, Delegate, House of Representatives, 3027 -C Peters Creek Road, N. W, Roanoke, Virginia 24017 The Honorable Mark Warner, Member The Honorable Tim Kaine, Member United States Senate November 17, 2015 Page 2 PC: The Honorable Chris Head, Delegate, House of Representatives, P. O. Box 19130, Roanoke, Virginia 24019 Angela Yarbrough, 121 Oak Ridge Court, Blue Ridge, Virginia 24064 Chuck Simpson, 2046 Kenwood Boulevard, N. E., Roanoke, Virginia 24013 Erin Rafferty, 631 Campbell Avenue, S. E., Roanoke, Virginia 24013 Ann and David Denham, 3512 Wright Road, S. W., Roanoke, Virginia 24015 Rachel Theo - Maurelli, 1228 Dale Avenue, S. E., Roanoke, Virginia 24013 Jim Hammerstrom, 1523 Westover Avenue, S. W., Roanoke, Virginia 24015 Joan Wages, 1001 Chesterfield Street, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance V- IN TI IL: COUNCIL Of; 111E ('I'fY OR ROANOKIi, VIRGINIA The 16th day of November, 2015. No. 40392 - 111615. A RESOLUTION supporting scat, and ledcral legislation that feslerit, supports, enhances, and strengthens responsive and responsible govcnunent by reducing the influence of unregulated campaign contributions upon elected officials and establishing limitations upon governmental officials who transition to the private scetor. WHEREAS, the proper operation of responsible government requires that public officials and employees be independent, impartial, and accountable to the people; WHEREAS, decisions and policy established by governments must be made in the best interests of the cwnnnnity and the government and must be responsive to the needs of the community, free of undue or inappropriate influenced by interests and entities regulated by governmental officials, in order that the public maintains confidence in the integrity and transparency of its government; WHEREAS, nearly $6 billion was spent in the 2012 elections throughout the United States, and spending in the 2016 elections is projected to top $11 billion, with the vast majority coming from special - interest donors, thereby making politicians dependent on a small segment of the population to fiord their campaigns; WHEREAS, the recent expansion of the influence of Super Political Action Committees has created an environment in which ordinary citizens believe their voices cannot be heard by their elected officials; and WHEREAS, the City Council believes that it is in the best interests of the citizens and businesses in the City of Roanoke and the Roanoke Valley to encourage and support meaningful limits on and full transparency and disclosure involving campaign contributions, coordinated 1 campaigns, and independent expenditures as essential in maintaining and sustaining an educated, engaged and inkinne l electorate. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact legislation that establishes substantial requirements on campaign financing, coordinated campaigns, and independent expenditures to promote fill transparency and fairness throughout the election process to ensure and promote responsible government that is responsive to the needs of all people. 2. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to establish meaningful limitations on the time period between an elected government official or senior unelected government official leaving public service and becoming a lobbyist. 3. The City Council encourages the United States Congress and the Commonwealth of Virginia General Assembly to pursue and enact measures that provide voters with a greater voice in the electoral process by encouraging increased voter participation in the funding of political campaigns. 4. The City Council directs the Clerk to provide attested copies of this Resolution to the Honorable Mark Warner and the Honorable Timothy Kaine, United States Senators, the Honorable Robert Goodlatte, Member of Congress, Honorable Terrance McAuliffe, Governor of the Commonwealth of Virginia, the Honorable John Edwards, Senator in the Virginia State Senate, and the Honorable Christopher Head and the Honorable Sam Rasoul, Delegates in the Virginia House of Delegates. ATTEST- YVtClerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 COnrrh Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 6nnnil: clerk(otroanokeva.gov CECELIA T. WEBB, CHIC S I'I!I`II ANI li M. MOON REYNOLDS, M MC Acting Depnty City Clerk City Clerk November 17, 2015 Susan Koch Roanoke Public Library Foundation 706 South Jefferson Street, S. W. Roanoke, Virginia 24016 Dear Ms. Koch: I am enclosing copy of Resolution No. 40393 - 111615 authorizing acceptance of a $50,000.00 donation from the Roanoke Public Library Foundation that the Foundation received from the Dorothy Koch Family Foundation to support the renovation and expansion project at the Raleigh Court Branch Library; and authorizing execution of any and all necessary documents to accept the donation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015. On behalf of the Mayor and Members of Council, I would like to express my sincerest gratitude for the very generous donation. �ppS��incerely, /At?rnh+ Q,/ Stephanie M. Moon Rey ds, C City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development 0 IN THE COUNCIL OFTIIF CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40393 - 111615. A RESOLUTION authorizing acceptance ol'a $50,000 donation horn the Roanoke Public Library Foundation that the Roanoke Public Library Foundation received Gum the Dorothy Koch Family Foundation to support the renovation and expansion project at the Raleigh Court Branch Library; and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that 1. The City Manager is hereby authorized on behalf of the City to accept from the Roanoke Public Library Foundation a $50,000 donation that the Roanoke Public Library Foundation received from the Dorothy Koch Family Foundation to support the renovation and expansion project at the Raleigh Court Branch Library, with no matching funds required by the City, as more particularly described in the City Council Agenda Report dated November 16, 2015. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents required to accept such donation. All documents to be executed an behalf of the City shall be approved as to form by the City Attorney. R- Roanoke Public Library Foundation donanon.11 -15 -15 ATTEST: City Clerk. a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40394 - 111615. AN ORDINANCE to appropriate funding from the Roanoke Public Library Foundation to the Raleigh Court Library Branch Renovations project, amending and reordaining certain sections of the 2015 -2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 -2016 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08- 530 - 9621 -9004 $ 50,000 Revenues Donation from the Roanoke Public Library Foundation 08- 530 - 9621 -9622 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Acceptance and Appropriation of Roanoke Public Library Foundation Gift Funds for the Raleigh Court Branch Library, Renovation and Expansion Project. Background: The Roanoke Public Library Foundation received a Dorothy Koch Family Foundation to support the project at Raleigh Court Branch Library. Funding construction of an outdoor courtyard space as well of the project. 550,000 donation from the renovation and expansion will be used towards the as for any additional needs Considerations: City Council is required to accept and appropriate the funding received from the Roanoke Public Library Foundation. Recommended Action: Accept the donation from the Roanoke Public Library Foundation and adopt a budget ordinance to establish a revenue estimate in the amount of $50,000 and appropriate funding in the same amount into project account, 08 -530 -9621, Raleigh Court Library Branch Renovations. All documents necessary to accept the donation shall be in a form approved by the City Attorney. Christopher P City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Barbara Dameron, Director of Finance Sheila Umberger, Director of Libraries Phil Schirmer, City Engineer 6" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chm'ch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 reicpkune: (540)N53 -2541 Car- (540) 853-1145 S IT) I ANIL M. MOON REYNOLDS, MM(' F:mail: eIt, kQTroano keva.gnv CECELIA I. WEBB, CMC' City Clerk Acting Deputy City Clerk November 17, 2015 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40395 - 111615 amending a Planned Unit Development Plan as it pertains to 3837 Williamson Road, N. W., as set forth in the Zoning Amendment Amended Application No. 2, dated November 4, 2015, subject to the proffered Planned Unit Development Plan and Building Elevations, both of which are dated September 28, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner IN 11 Ili COIINCI1.Op Tl Ili CITY OF ROANOKE, VIRGiN1A The 16th day of November, 2015. No. 40395 - 111615. AN ORDINANC? amending a Planned Unit Development Plan as it pertains to 3837 Williamson Road, N.W., bearing Official Tax Map No. 2090601, by proffering a Planned Unit Development Plan dated September 28, 2015, and Building Elevations bearing that same date; and dispensing with the second reading of this ordinance by title. WI IFREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend a Planned Unit Development Plan ("Plan "), such Plan presently binding upon property located at 3837 Williamson Road, N.W., bearing Official Tax Map No. 2090601, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, and to proffer such Plan, as amended, and Building Elevations both ofwhich are dated September 28, 2015; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 16, 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 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 mattes presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Planned Unit Development, as it pertains to 3837 Williamson Road, N.W., bearing Official Tax Map No. 2090601, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to 3837 Williamson Road, N.W., bearing Official Tax Map No. 2090601, as set forth in the Zoning Amendment Amended Application No. 2, dated November 4, 2015, subject to the proffered Planned Unit Development Plan and Building Elevations, both of which are dated September 28, 2015. 2. Pursuant to theprovisions of Section 12 ofthe City Charter, the second readingof this ordinance by title is hereby dispensed with. ATTEST: City Clerk, Amend FUD -3837 Wnsnn.dnc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Amended Application No. 2 dated November 4, 2015, by the City of Roanoke to amend the Planned Unit Development Plan as it pertains to 3837 Williamson Road, N.W., bearing Official Tax No. 2090601, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269 - 120505, on December 5, 2005, and proffering a Development Plan, showing a particular site layout, and Building Elevations, both of which are dated September 28. 2015. Recommendation The Planning Commission held a public hearing on Monday, November 9, 2015. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.l as amended at the Planning Commission public hearing, and later submitted as Amended Application No. 2, is consistent with the overall goals of the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the library will expand their facilities and services in a manner appropriate to the surrounding area. Application Information Re nest: Amendment of Planned Unit Development Plan Owner: City of Roanoke Applicant: R. Brian Townsend, Assistant City Manager, City of Roanoke Authorized Agent: Charles M. Anderson, Architect II, Project Manager City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 3837 Williamson Road, N.W. Official Tax Nos.: 2090601 Site Area. Approximately 2.6610 acres Existing Zoning INPUD, Institutional Planned Unit Development District Proposed Zonin INPUD, Institutional Planned Unit Development District Existing Land Use: Library Proposed Land Use Library Neighborhood Plan: Williamson Road Area Plan Specified Future Land Institutional Use: Filing Date: Original Application: September 28, 2015 Amended Application No.]: October 16, 2015 Amended Application No.2: November 9. 2015 Background In 1964, the Williamson Road Library was built at 3837 Williamson Road, N.W. The library was later renovated and expanded to the current 5895 square feet in 1983. As one of the busiest branch libraries in the City of Roanoke library system, the library is seeking to expand again to better serve its customers. Prior to 2005, the parcel was zoned RM -1, Residential Multifamily District, Low Density District, without conditions. In 2005, as part of a comprehensive rezoning of the entire City, the parcel was rezoned to INPUD, Institutional Planned Unit Development. In September 2015, the applicant filed an application to amend the planned unit development plan. Please note that as the property was rezoned to a PUD as part of the 2005 comprehensive rezoning, the current PUD plan is the existing site condition. The proposed development plan depicts building addition locations on the parcel, entrance locations, stormwater management area, and associated site development. In October, the applicant filed an amended application amending the proposed building elevations included as part of the development plan. In November, the applicant amended their application at the Planning Commission public hearing. Amended Application No. 2, that reflects the changes made to the application during at the public hearing, was filed the same day following the meeting. Conditions Proffered by the Applicant 1 . The property will be developed in substantial conformity with the "Development Plan" prepared by Mattern & Craig, Inc. and the `Building Elevations" prepared by Enteros Design, PC, both dated September 28, 2015, a copy of which is attached to this application as Exhibit No. 1 and Exhibit No. 1, subject to any changes that may be required by the City during comprehensive development plan review. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. The proposed amended INPUD plan complies with the dimensional regulations of the INPUD district and the standards for a development plan found in the zoning ordinance. Details not shown on the development plan will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the library's role in serving the needs of citizens and visitors by creating a climate of lifelong learning and community enrichment. The Williamson Road Branch Library is located within a multiple parcel INPUD campus that serves as a center of learning for this area of the City. The Williamson Road Area Plan notes that there was considerable discussion during the planning workshops about the library. Many cited the library as a major neighborhood asset and report that it is heavily used. Library patrons and employees reported that students, particularly those who attend Breckinridge, tend to go to the library after school. While some students go for traditional uses such as study, reading, or research, others use it as a gathering place. The Zoning District Land Use North INPUD, Institutional Vacant Planned Unit Development Plan South CN, Commercial- Dry cleaning and commercial laundry, Neighborhood District; motor vehicle repair and service, eating CG, Commercial - General establishment, single - family residential District; MX, Mixed Use District East INPUD, Institutional Educational facilities, Planned Unit elementary/middle /secondary Development Plan West CN, Commercial- Personal service establishments, general Neighborhood District offices, motor vehicle sales Compliance with the Zoning Ordinance: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. The proposed amended INPUD plan complies with the dimensional regulations of the INPUD district and the standards for a development plan found in the zoning ordinance. Details not shown on the development plan will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the library's role in serving the needs of citizens and visitors by creating a climate of lifelong learning and community enrichment. The Williamson Road Branch Library is located within a multiple parcel INPUD campus that serves as a center of learning for this area of the City. The Williamson Road Area Plan notes that there was considerable discussion during the planning workshops about the library. Many cited the library as a major neighborhood asset and report that it is heavily used. Library patrons and employees reported that students, particularly those who attend Breckinridge, tend to go to the library after school. While some students go for traditional uses such as study, reading, or research, others use it as a gathering place. The plan further notes that the role of this library is expanding and it should be able to respond to such changes by ensuring that space and staffing are provided. The amendment of the planned unit development plan for the library parcel will allow for the expansion of the existing library and associated site development to support neighborhood needs. Relevant Vision 2001 -2020 policies: PS Al 5. Ensure that all public schools and City -owned facilities are located, designed, and maintained to complement neighboring land uses. PE P7. Libraries. Roanoke will support its libraries as a fundamental part of its lifelong learning system. They will function as informational and social centers that provide places for community gathering, business research, and educational activities. The library will establish strong links with schools and higher- education facilities. Relevant Williamson Road Area Plan policies: • Community Design Policies • Institutional buildings: Institutional buildings such as schools and churches will serve as anchors for commercial centers • Building location: Zoning regulations will encourage a pedestrian environment and desirable streetscape by allowing future buildings to be located close to the street, with the intent to set in motion a long -range transformation of commercial forms. • Strategic Initiatives The following sites are recommended for detailed study for design improvements or redevelopment. Strengthening these sites will create a network of special places that build on unique characteristics of the area. c Breckinridge - Breckinridge has potential for a strong center. A large park, two schools, and the library give this area an educational and recreational focus. A key land resource is the former Woodson Pontiac property. The City of Roanoke is installing a landscaped center median in this area to improve the streetscape. • Public Services Policies o Libraries are an important neighborhood resource. Facilities will be responsive to community needs. • Commercial Design Guidelines The Williamson Road Area Plan includes specific guidelines for development in commercial areas that are applicable to the Breckinridge strategic initiative and are summarized as follows: • Locate new buildings on or near the front property line. Break large building fronts up into smaller modules. Use durable materials. Include lots of glass on the front of the first floor. Limit the number of parking spaces. Locate parking to the side or rear of buildings. • Put trees within and around parking areas. The Williamson Road Area Plan recognizes the value that the institutional campus focused on learning and enrichment provides for the community. The plan also places emphasis on the type of development that will continue to improve the neighborhood. The library expansion fulfills the City vision for renovation and expansion of an existing branch with a building form that is appropriate to the surrounding area. The small institutional building of durable materials is set close to the street with a new entrance and glazing that faces the street. The parking is located to the rear of the building with existing and new trees surrounding it. The principal consideration is whether the proposed amendment to the planned unit development plan is consistent with Vision 2001 -2020 and the Williamson Road Area Plan. The overall proposal to increase the size of the library in the current location is appropriate and should provide additional needed services to this area of the City. Public Comments None. Plannino Commission Work Session The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances and sent to the applicant as recommended changes to address. None. Plannino Commission Public Hearin Wendy Jones, Executive Director of the Williamson Road Area Business Association, stated that she is extremely pleased to see this expansion. She stated they have actively supported the work on this expansion and feel that it is much needed. Kermit Hale, Vice Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Charles M. Anderson, Architect II, Project Manager Room 166, Noel C. Tayk 215 Church Avenue, S.V Roanoke, Virginia 24011 Phone: (540) 853 -1730 Building and Development it Municipal Building Fax: (540) 8531230 Date: November4,2015 Reeueot (select all that apply): iado ROANOKE Click Here to Print CITY OF ROANOKE PLANNING BUILDING 6 Submittal Number Amended Application No.2 ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ProaertTr Information: ❑ Amendment of Proffered Conditions ❑ x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 3837 Williamson Road, Roanoke, VA 24012 Official Tax No(s).: 2090601 Existing Base Zoning: ❑x With Conditions If multiple zones, please manual) enter all districts. ( y ) INPUD, Institutional Planned Unit Development ❑Without Conditions Ordinance No(s), for Existing Conditions (If applicable): Rezoned to INPUD during comprehensive rezoning in 2005 With Conditions proposed Requested Zoning: INPUD, Institutional Planned Un PropmW Owner Information: ❑ Without Conditions Land Use: Library Name: City of Roanoke, Virginia Phone Number +1 (540) 953 -2000 Address', 215 Church Avenue, 5W, Roanoke, VA24011 E -Mail' Property Owner's Signature: Aonlicant Information (Sf dlRsrent from owner): Name: R. Brian Townsend, Assistant City Manager Phone Number +t (540)853 -2000 Address 21 Church Avenue,5 Roanoke, VA 24011 E -Mail: brian.townsend @roanokeva.gov 12Y App cant's Ignature', Authorized Agi Informal (ff aaaalicablw): Name, Charles M. Anderson, Architect II, Project Manager Phone Number: +1 (540) 953 -2731 Address: 21 r< v u oanoke, VA 24071 E- Mail', charles.anderson @roanokeva.gov Author t' Sig ature: �7� V The following must be submitted for all applications: ROA N O K E r Completed application form and checklist, Ix Written narrative explaining the reason for the request, R Metes and bounds description, if applicable. r Filing fee. For a rezoning not otherwise listed, the following must also be submitted: r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a contligonal rezoning the following must also be submitted: r Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. For a planned unit development, the following must also be submitted: r Development plan meeting the requirements of Section 36,2 -326 of the City's Zoning Ordinance, For a comprehensive sign overlay district, the following must be submitted: r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the fallowing must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, t- if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. For aplanned unit development amendment, the following must also be submitted: r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance . r Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: 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. For a. proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic Impact analysis be submitted to VDOT, the following must also be submitted: f— Cover sheet. r Traffic impact analysis. r Concept plan. F- Proffered conditions, if applicable, r- Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov /plod 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. Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Narrative to Accompany Zoning Amendment Application This application is being submitted in support of the City's desire to renovate and expand the Williamson Road Branch Library from approximately 6,000 square feet to approximately 10,800 square feet. The existing facility is located on 2.66 acres at the intersection of Williamson Road and Fleming Avenue, NW. The site falls within the planning guidelines of the Williamson Road Area Plan, adopted by City Council on October 18, 2004. Background: The first branch of the Williamson Road Library was called the Williamson Road Station. It opened in 1948 in a building on Williamson Road which at the time was occupied as a fire station. In 1949 the Williamson Road Station was annexed by the City. Williamson Road area residents formed a petition in August 1963 asking City Council for a branch library in the area. In November of the same year, the City Planning Commission gave first priority to a branch library in the area. A contract for construction of a new building was awarded In June 1964, and the current library was built at 3837 Williamson Road. Dedication of the new branch library took place on December 14, 1964. Edwin Castagna, president of the American Library Association, spoke at the branch opening. In Castagna's words "The people here could not have invested their money in a more worthy project than this library." The original construction of the Williamson Road Library included a wall that was designed to be easily removed in case of renovation. In 1982, Roanoke City Council approved an expansion and renovation of the Williamson Road Library to be completed in conjunction with renovation and expansion work at the Raleigh Court and Main libraries. Work was complete on the expanded Williamson Road Library in 1983. The renovation included an expanded meeting room. The Williamson Road Library continued to be a pillar of the neighborhood, providing needed community services and engaging neighborhood volunteers for a variety of projects. In 2012, enhancements were made to the library thanks to a generous grant from the Howery family and the support of the Roanoke Public Library Foundation. Improvements included some minor alterations to the building to provide a space for teen programs, new shelving and technology for the children's area, and the provision of books to increase the size of the collection offered by the library. The Friends of the Williamson Road Library have been instrumental in supporting the library as well, purchasing materials and furniture at the library when needed. Today, the Williamson Road Branch Library is well used, being one of the busier branches in the City's five branch system, seeing over 80,000 visits per year from younger and older patrons alike. Sitting on 2.66 acres, the nearly 6,000 sf branch is well suited for expansion. The program calls for increasing the children's area, adding meeting and tutoring rooms, and providing a new teen center. The current parking area will be expanded and a new drive -thin book return will be provided. The aging HVAC and electrical systems, along with the roof will be replaced. As part of the City's goals for sustainability, consideration will be given to making the renovated and expanded library more energy efficient through the USGBS LEED certification program. Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 The Williamson Road Branch will Include facilities that better reflect Its role as a center within the broader Williamson Road community, its connection to the adjacent neighborhoods, its proximity to city schools and more specifically Breckinridge Middle School, and its location along the highly traveled Williamson Road corridor. The proposed expansion is consistent with the Williamson Road Area Plan. Building Information The following building Improvements are envisioned: Renovate the existing 6,074 square foot library to Include new finishes, windows,restrooms, mechanical, electrical and plumbing systems Expand the children's area to approximately 1,830 square feet Expand the meeting space to approximately 100 seats Incorporate a separate teen area of approximately 871 square feet Provide prominent building entrances facing Williamson Road and the parking lot in the rear Site Information: In addition to the building improvements, the following site improvements are envisioned: The existing parking lot will be expanded from the current 18 spaces to 54 spaces. The following parking calculation was used in determining the appropriate number of spaces for the site. Parking Tabulations: Proposed Gross Building Area =10,750 SF - Library = 9,520 SF - Meeting Hall = 1,2305F Proposed Use: Library & Meeting Hall Parking Requirements— Minimum (Table 652 -2): - Library: 1 space per 500 sf of net floor area (max. applies) Minimum Required = 15 Spaces - Meeting Hall:1 space per 5 persons of maximum occupancy (max applies) Minimum Required = 20 Spaces - Total Minimum Required =35 Spaces Maximum Parking Allowed: 150- percent of 35 or 53 spaces (exclusive of accessible spaces) Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Parking Provided: 52 Standard Parking Spaces 2 Accessible Parking Spaces This proposed parking calculation is consistent with the zoning ordinance. On street parking is currently limited around the library site. As part of this renovation project, the City should consider changing current parking restrictions to allow on street parking adjacent to the site. The proposed parking lot will be paved in asphalt; however, pervious pavement materials will be considered if required to meet storm water management regulations and LEED requirements. The primary method for managing storm water on site will be through the use of bio-retention areas. Exterior landscape will be provided along Williamson Road and around the parking area in a manner consistent with the landscape standards of the City of Roanoke. An enclosed outdoor reading garden will be provided adjacent to the children's area and the quiet reading room in the library. This garden will be enclosed with a high ornamental metal railing screen to maintain security and safety. The large open grass field to the north will be retained as open space for use in outdoor events and festivals. An outdoor plaza space and art walkway is envisioned near the building entrance adjacent to the parking area. This space will combine landscape, hardscape and bio- retention areas. Other outdoor walkways and sidewalks will connect the library to the adjacent school site and City sidewalks. These pathways will continue near the edges of the site rather than interrupting the open grass event space. Traffic The proposed renovation and expansion of the Williamson Road Library will result in additional patron visits and usage at the library she; however, the uses and activities remain consistent with the daily activities of the current library. Peak usage of the library programs and services will occur during non - rush hour times. The surrounding roadways are designed to accommodate a relatively large volume of traffic. The proposed library project should not create any adverse impact to traffic on the surrounding roadways. The proposed parking lot design eliminates the parking lot entrance closest to Williamson Road. The proximity of that entrance to the intersection of Williamson Road and Fleming Avenue created safety Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 concerns for turning vehicles. Removal of this parking lot entrance will Improve safety for vehicles entering and exiting the site. Community Benefit The renovated and expanded Williamson Road Branch library will provide the community with access to a wide variety of extended programs and services which cannot be accommodated in the current library. The expanded children's area Increases the collections area substantially, and it provides much needed seating areas for children and their parents. The children's area also accommodates an activity or story time space for small group activities. The new meeting room will expand the seating capacity from approximately 65 seats to 100 seats. This meeting space will not only enhance the programs and services offered by the library, but it will also be designed to serve the needs of the community after normal library hours. Additional meeting space Includes three group study rooms to support students, small groups, ESL tutors, and adult learners. The Williamson Road Library receives a number of teen students from the adjacent middle school. The new teen space will provide collections resources, computers, games, and activity space specifically for teens. Overall, the renovated and expanded library will provide much needed cultural resources, learning opportunities, and entertainment to the diverse Williamson Road Community. Consistency with the Williamson Road Area Plan The Williamson Road Branch Library is centrally located in the Williamson Road planning area, and it is a critical component of the vibrant community. The following Information summarizes how the proposed development plan Is consistent with the Williamson Road Area Plan which was adopted by Council on October 18, 2004. Renovation and expansion of the library enhances the services offered to the community and Its residents and supports the vision to promote livable sustainable communities. Proposed Improvements and site amenities create a "unique and identifiable place" Enhancement of the streetscape and relocation of the parking lot entrance improves the appearance and function of streets. The new entrance along Williamson Road improves the appearance of the building and gives the building a better street presence. Library improvements are listed as a high priority initiative In the Plan. Investment in public Infrastructure spurs revitalization Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Parking is retained at the rear of the site, and the building remains close to the street. The project has good access to public transit with a bus stop located in the front of the site along Williamson Road. Pedestrian access is encouraged with adequate sidewalks, cross walks, and bike parking. The library is sited in the Plan as a major neighborhood asset used for study, reading, research, and social gathering. The library expansion accomplishes a goal stated in the Williamson Road Area Plan. The width of the building is broken up in to smaller modules to avoid a massive appearance. Large glass windows are utilized to promote views and transparency. Materials have been selected to be durable and long lasting. Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 METES & BOUNDS DESCRIPTION BEGINNING at a point on the northerly Right of Way line of Williamson Road NW (U. S. Route 11) and Fleming Avenue NW; thence with the Right of Way of Williamson Road NW N 28° 30' 00" W 300.00 feet to a point on the southerly Right of Way of Truman Avenue NW, thence with the aforesaid Right of Way N 61' 30'00' E 380.83 feet to a point westerly boundary line of Breckenridge Junior High School; thence with the aforesaid line. 5 30'40'00" E 300.21 feet to a point In the northerly Right of Way line of Fleming Avenue NW.; thence with the aforesaid Right of Way S 61° 30' 00" W 392.13 feet to the POINT OF BEGINNING. Being all of Lots 1 -32 Block 6 of Map of William Fleming Court, recorded in Plat Book 2, Page 121 in the Clerk's Office of the Circuit Court of The City of Roanoke, Virginia. Metes & Bounds Description Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 PROFFERED CONDITIONS The property will be developed in substantial conformity with the "Development Plan" prepared by Mattern & Craig, Inc. and the "Building Elevations" prepared by Enteros Design, PC, both dated September 28, 2015, a copy of which is attached to this application as Exhibit No. 1 and Exhibit No. 1, subject to any changes that may be required by the City during comprehensive development plan review. Proffered Conditions 9F _ i o mow •wm a R mo p �i a O 1 0 I �I u. � O O O � s 3 Ilia Merv. if AECEIVED �L _I_ V 9 2015 E- L o E NI,. �� �ur�����» G. 3 Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853. 1230 Date: Septembeo- ' 2e1i 2 c5-_ 2 ❑ Rezoning, Not Othervdse Listed ❑ Rezoning, Conditional OCT 1 s 2015 ROANOKE CITYOFHOANOKE Click Hereto Pnnt PLANNING BUILDING b DEVELOPMENT Submittal Number opQiaal- ApyHeettow ,4i/,1�(/ ,rtJfid� / ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 3837 Williamson Road, Roanoke, VA 24012 Official Tax No(s).: 2090601 Existing Base Zoning ❑x With Conditions If multiple zones, please manual) enter all districts. ( P Y ) INPUD, Institutional Planned Unit Development ❑Without Conditions Ordinance No(s), for Existing Conditions (If applicable): iRezoned to INPUD during comprehensive rezoning In 2005 ❑x With Conditions Proposed Requested Zoning: INPUD, Institutional Planned Un ❑Without Conditions Land Use: Library - Name: City of Roanoke, Virginia Phone Number: +t (540) 853 -2000 Address: 215 Church Avenue, 5W, Roanoke, VA 24011 E -Mail: Property Owner's Signature, Name: R. Brian Townsend, Assistant City Manager Phone Number: +t (540) 953 -2000 Addr �Church e, SW , Roanoke, VA 24011 E -Mail: Fbrian.townsend@roanokeva.gov ApplIcarks Si i c Name: Charles M. Anderson, Architect Ii, Project Manager Phone Number: +t (540) 953 -2731 Address: C�turc6 Averse, SW, Roanoke, VA 24011 E -Mail: charles.anderson @roanokeva.gov A A r n ure: r Written narrative explaining the reason for the request, r Metes and bounds description, if applicable. F Traffic impact analysis. f Concept plan. r Proffered conditions, if applicable. r 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. Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Narrative to Accompany Zonine Amendment Application This application is being submitted In support of the City's desire to renovate and expand the Williamson Road Branch Library from approximately 6,000 square feet to approximately 10,800 square feet. The existing facility is located on 2.66 acres at the Intersection of Williamson Road and Fleming Avenue, NW. The site falls within the planning guidelines of the Williamson Road Area Plan, adopted by City Council on October 18, 2004. Background: The first branch of the Williamson Road Library was called the Williamson Road Station. It opened in 1948 in a building on Williamson Road which at the time was occupied as afire station. In 1949 the Williamson Road Station was annexed by the City. Williamson Road area residents formed a petition in August 1963 asking City Council for a branch library in the area. In November of the same year, the City Planning Commission gave first priority to a branch library in the area. A contract for construction of a new building was awarded in June 1964, and the current library was built at 3837 Williamson Road. Dedication of the new branch library took place on December 14, 1964. Edwin Castagna, president of the American Library Association, spoke at the branch opening. In Castagna's words "The people here could not have invested their money in a more worthy project than this library." The original construction of the Williamson Road Library included a wall that was designed to be easily removed in case of renovation. In 1982, Roanoke City Council approved an expansion and renovation of the Williamson Road Library to be completed in conjunction with renovation and expansion work at the Raleigh Court and Main libraries. Work was complete on the expanded Williamson Road Library in 1983. The renovation Included an expanded meeting room. The Williamson Road Library continued to be a pillar of the neighborhood, providing needed community services and engaging neighborhood volunteers for a variety of projects. In 2012, enhancements were made to the library thanks to a generous grant from the Howery family and the support of the Roanoke Public Library Foundation. Improvements included some minor alterations to the building to provide a space for teen programs, new shelving and technology for the children's area, and the provision of books to increase the size of the collection offered by the library. The Friends of the Williamson Road Library have been instrumental in supporting the library as well, purchasing materials and furniture at the library when needed. Today, the Williamson Road Branch Library is well used, being one of the busier branches In the City's five branch system, seeing over 80,000 visits per year from younger and older patrons alike. Sitting on 2.66 acres, the nearly 6,000 sf branch is well suited for expansion. The program calls for Increasing the children's area, adding meeting and tutoring rooms, and providing a new teen center. The current parking area will be expanded and a new drive -thru book return will be provided. The aging HVAC and electrical systems, along with the roof will be replaced. As part of the City's goals for sustainability, consideration will be given to making the renovated and expanded library more energy efficient through the USGBS LEED certification program. Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 The Williamson Road Branch will include facilities that better reflect its role as a center within the broader Williamson Road community, its connection to the adjacent neighborhoods, Its proximity to city schools and more specifically Breckinridge Middle School, and its location along the highly traveled Williamson Road corridor. The proposed expansion is consistent with the Williamson Road Area Plan. Building Information The following building improvements are envisioned: Renovate the existing 6,074 square foot library to include new finishes, windows,restrooms, mechanical, electrical and plumbing systems Expand the children's area to approximately 1,830 square feet Expand the meeting space to approximately 100 seats Incorporate a separate teen area of approximately 871 square feet Provide prominent building entrances facing Williamson Road and the parking lot in the rear Site Information: In addition to the building improvements, the following site improvements are envisioned: The existing parking lot will be expanded from the current 18 spaces to 54 spaces. The following parking calculation was used in determining the appropriate number of spaces for the site. Parking Tabulations: Proposed Gross Building Area = 10,750 SF Library = 9,520 SF Meeting Hall = 1,230 SF Proposed Use: Library & Meeting Hall Parking Requirements — Minimum (Table 652 -2): - Library: 1 space per 500 sf of net floor area (max. applies) Minimum Required= 15 Spaces - Meeting Hall: l space per 5 persons of maximum occupancy (max applies) Minimum Required = 20 Spaces - Total Minimum Required =35 Spaces Maximum Parking Allowed: 150 - percent of 35 or 53 spaces (exclusive of accessible spaces) Narrative r Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Parking Provided: 52 Standard Parking Spaces 2 Accessible Parking Spaces This proposed parking calculation is consistent with the zoning ordinance. On street parking is currently limited around the library site. As part of this renovation project, the City should consider changing current parking restrictions to allow on street parking adjacent to the site. The proposed parking lot will be paved in asphalt; however, pervious pavement materials will be considered if required to meet storm water management regulations and LEED requirements. The primary method for managing storm water on site will be through the use of bio- retention areas. Exterior landscape will be provided along Williamson Road and around the parking area in a manner consistent with the landscape standards of the City of Roanoke. An enclosed outdoor reading garden will be provided adjacent to the children's area and the quiet reading room in the library. This garden will be enclosed with a high ornamental metal railing screen to maintain security and safety. The large open grass field to the north will be retained as open space for use in outdoor events and festivals. An outdoor plaza space and art walkway is envisioned near the building entrance adjacent to the parking area. This space will combine landscape, hardscepe and bio - retentlon areas. Other outdoor walkways and sidewalks will connect the library to the adjacent school site and City sidewalks. These pathways will continue near the edges of the site rather than interrupting the open grass event space. Traffic The proposed renovation and expansion of the Williamson Road Library will result In additional patron visits and usage at the library site; however, the uses and activities remain consistent with the dally activities of the current library. Peak usage of the library programs and services will occur during non - rush hour times. The surrounding roadways are designed to accommodate a relatively large volume of traffic. The proposed library project should not create any adverse impact to traffic on the surrounding roadways. The proposed parking lot design eliminates the parking lot entrance closest to Williamson Road. The proximity of that entrance to the Intersection of Williamson Road and Fleming Avenue created safety Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 concerns for turning vehicles. Removal of this parking lot entrance will improve safety for vehicles entering and exiting the site. Community Benefit The renovated and expanded Williamson Road Branch library will provide the community with access to a wide variety of extended programs and services which cannot be accommodated In the current library. The expanded children's area increases the collections area substantially, and it provides much needed seating areas for children and their parents. The children's area also accommodates an activity or story time space for small group activities. The new meeting room will expand the seating capacity from approximately 65 seats to 100 seats. This meeting space will not only enhance the programs and services offered by the library, but it will also be designed to serve the needs of the community after normal library hours. Additional meeting space includes three group study rooms to support students, small groups, ESL tutors, and adult learners. The Williamson Road Library receives a number of teen students from the adjacent middle school. The new teen space will provide collections resources, computers, games, and activity space specifically for teens. Overall, the renovated and expanded library will provide much needed cultural resources, learning opportunities, and entertainment to the diverse Williamson Road Community. Consistency with the Williamson Road Area Plan The Williamson Road Branch Library Is centrally located In the Williamson Road planning area, and it is a critical component of the vibrant community. The following information summarizes how the proposed development plan is consistent with the Williamson Road Area Plan which was adopted by Council on October 18, 2004. Renovation and expansion of the library enhances the services offered to the community and its residents and supports the vision to promote livable sustainable communities. Proposed Improvements and site amenities create a "unique and identifiable place" Enhancement of the streetscape and relocation of the parking lot entrance improves the appearance and function of streets. The new entrance along Williamson Road improves the appearance of the building and gives the building a better street presence. Library Improvements are listed as a high priority initiative in the Plan. Investment in public infrastructure spurs revitalization Narrative Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 Parking Is retained at the rear of the site, and the building remains close to the street. The project has good access to public transit with a bus stop located in the front of the site along Williamson Road. Pedestrian access Is encouraged with adequate sidewalks, cross walks, and bike parking. The library is sited in the Plan as a major neighborhood asset used for study, reading, research, and social gathering. The library expansion accomplishes a goal stated in the Williamson Road Area Plan. The width of the building is broken up in to smaller modules to avoid a massive appearance. Large glass windows are utilized to promote views and transparency. Materials have been selected to be durable and long lasting, Narrative .e Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 METES & BOUNDS DESCRIPTION BEGINNING at a point on the northerly Right of Way line of Williamson Road NW (U. S. Route 11( and Fleming Avenue NW; thence with the Right of Way of Williamson Road NW N 28' 30'00" W 300.00 feet to a point on the southerly Right of Way of Truman Avenue NW, thence with the aforesaid Right of Way N 61° 30' 00" E 380.83 feet to a point westerly boundary line of Breckenridge Junior High School; thence with the aforesaid line. S 30' 40'00" E 300.21 feet to a point in the northerly Right of Way line of Fleming Avenue NW.; thence with the aforesaid Right of Way S 61° 30'00" W 392.13 feet to the POINT OF BEGINNING. Being all of Lots 1 -32 Block 6 of Map of William Fleming Court, recorded in Plat Book 2, Page 121 in the Clerk's Office of the Circuit Court of The City of Roanoke, Virginia. Metes & Bounds Description Zoning Amendment Request September 28, 2015 Expansion and Renovation of the Williamson Road Branch Library 3837 Williamson Road, Roanoke, VA 24012 Tax Map No. 2090601 PROFFERED CONDITIONS The property will be developed in substantial conformity with the "Development Plan" prepared by Mattern & Craig, Inc. and the "Building Elevations" prepared by Enteros Design, PC, both dated September 28, 2015, a copy of which is attached to this application as Exhibit No. 1 and Exhibit No. 1, subject to any changes that may be required by the City during comprehensive development plan review. Proffered Conditions ,wEE.E,�YAHON i wioimm, II.. ��MEm - im YOWHE EVA'ION S� ONHEIEVw It ' � I III I I 0 ° 00 _ 0 G ® �. b 0 ®® q 0 0 q O SE O 2 — ° it �£ oo SB 0 %e AFFIDAVIT APPLICANT: R. Brian Townsend, Assistant City Manager LOCATION: 3837 Williamson Road Tax No. 2090601 REQUEST: Amendment of Planned Unit Development Plan COMMONWEALTH OF VIRGINIA J ) TO -WIT: CITY OF ROANOKE The afflant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City P-Prtiln It L / i d 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 P ".-y�ypf the /a-#' _ City �of�Roanoke, she has sent by first-class mall this 2 day of 6` 2015, notices of a public hearing to be held on this + day of t v O'm11liJP/, . 2015, on the request captioned above to the owner or agent of the parcels as set out on the attached. Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2-6 dayof 6c -bbe- 2015. EA:R,RYL W. CNR.0 W. C I VRGINS MAMN #7 GS t ublic IXPIRE.S 2090506,2090505 2090507,2090508 O 2090509,2090514 Hwan Tea and Hyon Cha Lee Kenneth E. and Tracy D. Ayers H M S Investments LLC 4537 Brent Wood Ct PO Box 563 5720 Williamson Rd Ste 112 Roanoke, VA 24018 BOONES MILL, VA 24065 Roanoke, VA 24012 2090803 TRS Bethany Christian Church 3115 Fleming Ave NW Roanoke, VA 24012 2161313 Hunter Real Estate Group 3832 Williamson Rd NW Roanoke, VA 24012 2091201 Breckenridge Jr. High 40 Douglass Ave NW Roanoke, VA 24012 2161315 Johrah and His LLC 3824 Williamson Rd #D Roanoke, VA 24012 2161019 Farrell Propertles- W LLC PO Box 12608 Roanoke, VA 24027 2161315 C &) Land Accounts LLC 146 Bogey Ln SALEM, VA 24153 2161317 2161318 2161319 Elias Y. and Marcelle H. Melki Edna P. Brugh Yvette B. Beheler 5509 Coleman Rd SW 1516 Eton Rd SW 1516 Eton Rd SW Roanoke, VA 24018 Roanoke, VA 24018 Roanoke, VA 24018 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published In Roanoke, in the State of Virginia, do certify Mat the annsxetl notice PUBLIC HEARING NOTICE AI was published in said newapapent on the following dates: 1027,11/032015 The First invention being given ... 10/272015 Newspeperreference: 0000233107 flningRepresentatife L-1) Sworn to and subscribed before me this Tuesday, November 3, 2075 Notary Ptiblic State of Virginia My Commis Commission I MY Commission elcpirev THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU The Roanoke Times geeosne Humber Roanoke, Virginia SM1439 Affidavit of Publication RECEIVED af. CITYOF ROANOKE -POV NOV 952015 November 03, 2015 Alin Tine M. Cart 215 CHURCH AVE CITY OF ROANOKE ROOM 166 PLANNING BUILDING a DEVELOPMENT ROANOKE, VA 24011 Date Category Deavpdan Ad Sae Tatty Cast 11/032015 Municipal Notkee PUBLIC HEARING NOTICE An public readrge adwresed hen 1 x 148 L 1,41916 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published In Roanoke, in the State of Virginia, do certify Mat the annsxetl notice PUBLIC HEARING NOTICE AI was published in said newapapent on the following dates: 1027,11/032015 The First invention being given ... 10/272015 Newspeperreference: 0000233107 flningRepresentatife L-1) Sworn to and subscribed before me this Tuesday, November 3, 2075 Notary Ptiblic State of Virginia My Commis Commission I MY Commission elcpirev THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEANNONOTICE All .P ON, aealaps eEYaGtal be.la .m b htld M ft OW cool Tff� MwWpd Maas 20 Quell AYUae, SW, Aoaupf, Wmw MI appAeglW ..On" psmWMWN.ke, acaWllM M pasdb A ol0ee roam u6, 415 laMWAvenaL S.W. poaNl¢, WryMIL MY..paem wb a M abft amald" MY spe;W amnia Waa to atla l os paaepW W Ma afYpb sappW caatWa mhmap, Asldap aw UNll W p a W mll00a<•feast M. aYS war p " the seAvWIN i m M. Cart, ucm",, City mampp Commpsba CRY caamil vAp M1oM public M1emMps m au a(weWp mate. aM A WWw. oaq.Wp 15,}0M at YfA qm, a az. soon u tl4 matle. -YbehArt swon[e M. Mom p"wa, MMC, (13310Y) 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 November 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Amended Application No. 1 dated October 22, 2015, by Evergreen Assisted Living Community, LLC, to amend proffered conditions as part of a previous rezoning at 23 24`h Street, N.W., bearing Official Tax No. 2311102. The application is to repeal existing conditions, such conditions restricting the use of the property to group care facility providing transitional shelter and supportive services, restricting the operation and supervision to Total Action Against Poverty in the Roanoke Valley, and requiring a special exception permit for a group Gaze facility, in connection with the passage of Ordinance No. 28817 - 101987, adopted by City Council on October 19, 1987. The land use categories pemritted in RMF District include residential; accommodations and group living, commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum of one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the property for light manufacturing/commercial use, but does not specify density. Application by Retirement Unlimited, Inc., to rezone property at 0 Colonial Avenue, S.W., bearing Official Tax No. 1490201, from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit District, with conditions. The application is to develop the property for an assisted living facility. The conditions accepted by the adoption of Ordinance No. 26387 on March 14, 1983, proposed for repeal include subdivision of a 16.2 acre parcel from the parent parcel and restriction of the new adjacent parcel with particular actions regarding removal of the old clubhouse, clearing, and installation of particular landscaping (previously completed). Additional conditions proposed for repeal include restrictions on the ingress and egress to the property from Colonial Avenue, SW.; a limit on the number of residential dwelling units on the 30.29 acre parcel to 170; and the requirement of a 100 foot buffer along Colonial Avenue, S.W., with particular plantings. The land use eategouies permitted in MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional, and community facilities; transportation; utility; agricultural; and accessory; with a maximum of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for single /two family /multifamily use, but does not specify density. Amended Application No. I dated October 16, 2015, by the City of Roanoke to amend the Planned Unit Development Plan as it pertains to 3837 Williamson Road, N.W., bearing Official Tax No. 2090601, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269 - 120505, on December 5, 2005, and proffering a Development Plan, showing a particular site layout, and Building Elevations, both of which are dated September 28, 2015. The application is to permit a renovation and expansion of the existing public library with a changed site configuration. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory uses; with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional use, but does not specify density. The proposed use of the property remains a library. Tina M. Can, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters and applications on November 16, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, October 27, 2015, and Tuesday, November 3, 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.can @roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 2401 1 -1 536 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Teiepunne: (540)853 -2541 Fax: (540)853 -1145 E-mail: clerk0jammkeva.gov CECELIA]. WEBB, CM(' ti'I'4:1`IIANIE M. MOON REYNOLDS, M11MC Acting Deputy City Clerk City Clerk November 17, 2015 Patience Odupelu, Agent Evergreen Assisted Living Community, LLC 1437 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Odupelu: I am enclosing copy of Ordinance No. 40396- 111615 deleting proffered conditions presently binding upon property located at 23 24th Street N. W., zoned RMF, Residential Multifamily District, with conditions, and proffering a new condition, as set forth in the Zoning Amendment Amended Application No. 1 dated October 22, 2015, so that the subject property is zoned RMF, Residential Multifamily District with a proffer. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, S� Stephanie M. Moon Rey M City Clerk Enclosure Patience Odupelu, Agent November 17, 2015 Page 2 PC: Lourice Thomas, II, 4053 Clairmont Street, S. W., Roanoke, Virginia 24018 Reid Hanlon, 2240 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 State Highway Corporation, 106 24'" Street, N. W., Roanoke, Virginia 24017 Norfolk and Western Railway Company, 1200 Peachtree Street, N. E., Suite 7 -142, Atlanta, Georgia 30309 Norfolk and Western Railway Company, Attention: Bill, 110 Franklin Road, S .E., Roanoke, Virginia 24042 Kinsey, Kinsey and Brown, LLC, 2401 Johnson Avenue, N. W., Roanoke, Virginia 24017 Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Kennie Harris, GIS Analyst II IN THE COUNC H, Op TI II? CfIY 01' ROANOKF, VIRGINIA The 16th day of November, 2015. No. 40396- 111615. AN ORDINANCE deleting proffered conditions presently binding upon property located at 23 24`' Street. N.W_, zoned RMI', Residential Multifamily District, with conditions, and proffering a new condition; and dispensing with the second reading of this ordinance by title. WHEREAS, Evergreen Assisted Living Community, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to delete certain conditions presently binding upon certain property located at 23 24 °i Street, N.W., being designated as Official Tax Map No. 2311102, which property is zoned RMF, Residential Multifamily District, with conditions, such conditions being accepted by the adoption of Ordinance No. 28817- 101987, on October 19, 1987, and proffering a new condition; WHEREAS, the City Planning Convnission, 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 November 16, 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 rezoning as requested, and is of the opinion that conditions now binding upon property at 23 24"' Street, N.W., being designated as Official Tax Map No. 2311102, should be deleted as requested, and that such property be zoned RMF, Residential Multimmily District, with a proffer as set forth in the Zoning Amendment Amended Application No. l dated October 22, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December. 5, 2005, as amended, be amended to reflect the rezoning as requested in the Zoning Amendment Amended Application No. 1 dated October 22, 2015, so that the subject property is zoned RMF, Residential Multifamily District, with a proffer. 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: #4v- en City Clerk �.J Amend praf2a -2 2411, it don STATEMENT OF CONFLICT OF INTEREST I, Courtney G. Rosen, state that I have a personal interest in agenda item C -2 for the regular session of City Council for Monday, November 16, 2015, set for 7:00 p. m., or as soon thereafter as the matter may be reached, regarding the public hearing to consider the request of Evergreen Assisted Living Community, LLC to amend proffered conditions as part of a previous rezoning at 23 24" Street, N. W., pursuant to Ordinance No. 28817- 101987, adopted by City Council on October 19, 1987, because I serve on the board of directors of Total Action Against Poverty in the Roanoke Valley, the owner of the subject property. Therefore, pursuant to Virginia Code Section 2.2 -3112, 1 must refrain from participation in this matter. I announced in open session of Council during the session on November 16, 2015 that I would refrain from participating in this matter and I did not participate. I also stated that I would file this statement with the City Clerk. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this IZ day of November, 2015. (Seal) Courtney U. Rosen Member of Council CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Amended Application No. 1 dated October 22, 2015, by Evergreen Assisted Living Community, LLC, to amend proffered conditions as part of a previous rezoning at 23 24th Street, N.W., bearing Official Tax No. 2311102. The application is to repeal existing conditions, such conditions restricting the use of the property to group care facility providing transitional shelter and supportive services, restricting the operation and supervision to Total Action Against Poverty in the Roanoke Valley, and requiring a special exception permit for a group care facility, in connection with the passage of Ordinance No. 28817- 101987, adopted by City Council on October 19, 1987. Recommendation The Planning Commission held a public hearing on Monday, November 9, 2015. By a vote of 4 - 0 (Ms. Penn recused herself), the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Loudon - Melrose /Shenandoah West Neighborhood Plan, and Zoning Ordinance as it allows for continued use of the site in a manner that is appropriate to the surrounding neighborhood. Application Information Request: Amendment of Proffered Conditions Owner: Total Action Against Poverty in the Roanoke Valle Applicant: Ever reen Assisted Livin Communit ,LLC Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 23 24" Street NW Official Tax Nos.: 2311102 Site Area: Approximately 0.4788 acres Existing Zoning: RMF, Residential Multifamily District, with conditions Proposed Zoning: RMF, Residential Multifamily District Existing Land Use: Group Care Facility, Transitional Living Facility Proposed Land Use: Group Care Facility, Congregate Home, Not Otherwise Listed Neighborhood Plan: Loudon - Melrose /Shenandoah West Neighborhood Plan Specified Future Land Use: Light Manufacturing/Commercial Filing Date: Original Application: August 13, 2015 Amended Application No. 1: October 22, 2015 Background The building at 23 241" Street, N.W., was built in 1937 and was operated as a railroad worker's transient dormitory over many years. In 1987, all over -night occupancy was discontinued. At that time, Total Action Against Poverty, Inc., now known as Total Action Against Poverty in the Roanoke Valley, (TAP) negotiated to buy the building for use as a transitional living facility for homeless men on the road to self - sufficiency. In 1987, TAP went through a multiple -step process to enable the property to be used for the transitional living facility. The property was rezoned from LM, Light Manufacturing District, to RM -4, Residential Multi - Family, High Density, with conditions, with the passage of Ordinance No. 28817-101987, adopted by City Council on October 19, 1987. A special exception for the use and a variance to allow for 100 occupants were issued by the Board of Zoning Appeals under Appeal No.81 -87 -A on November 3, 1987. TAP operated the Transitional Living Center from 1987 to April of 2014. At that time TAP closed the transitional living facility and listed it for sale. The existing proffered conditions severely limit the future use of the property by restricting the use to a transitional living facility only, restricting the operation and supervision to TAP only, and requiring a special exception for such use. In August 2015, Evergreen Assisted Living Community, LLC. filed an application to amend the proffered conditions from 1987. The existing proffered conditions need to be amended to enable the property to be used as an assisted living facility, the applicant's proposed use of the property. In addition to the proffer amendment, a special exception for a group care facility, congregate home, not otherwise listed, will also be required. In October 2015, the Applicant filed Amended Application No. 1 proffering a condition restricting the total occupancy of the building. Conditions To Be Repealed and Proffered by the Applicant The applicant hereby requests that the following proffered conditions enacted by Ordinance Number 28817 be repealed as they pertain to Official Tax No.2311102. 1. The Rezoned property will be used only for the purpose of operating a group care facility providing transitional shelter and supportive service to persons needing permanent housing. 2. The rezoned property will be operated and supervised by Total Action Against Poverty in the Roanoke Valley (TAP) The rezoning of the property shall be subject to the granting of a special exception permit for a group care facility. The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax No.2311 102. The maximum occupancy of a group care facility under the Zoning Ordinance shall be no more than SS people, including all full -time and part -time employees of the owner of the subject property, or the owner's tenant or management company, who are present at the facility during the course of any work shift, unless the amount of permissible occupancy is further restricted by the Uniform Statewide Building Code, or any of its component codes adopted by the City of Roanoke, in effect at the time this proffer is accepted by City Council. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purpose of the RMF District is to permit dense housing development by providing for multifamily and townhouse dwellings. The proposed amendment of proffered conditions does not alter the existing physical site. The site will be subject to the dimensional standards of the RMF district for any future changes. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Laudon- Melrose /Shenandoah West Neighborhood Plan identify the need to provide a variety of housing options throughout the community. The amendment of proffered conditions will maintain the existing development pattern while allowing a new use to address the needs of future residents. Relevant Vision 2001 -2020 policies: Zoning District Land Use North 1 -1, Light Industrial District Contractor /Tradesman Shop and Warehouse South 1 -2, Heavy Industrial District Railroad East 1 -1, Light Industrial District Contractor /Tradesman Shop and Warehouse West 1 -1, Light Industrial District Offsite Parkin Compliance with the Zoning Ordinance: The purpose of the RMF District is to permit dense housing development by providing for multifamily and townhouse dwellings. The proposed amendment of proffered conditions does not alter the existing physical site. The site will be subject to the dimensional standards of the RMF district for any future changes. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Laudon- Melrose /Shenandoah West Neighborhood Plan identify the need to provide a variety of housing options throughout the community. The amendment of proffered conditions will maintain the existing development pattern while allowing a new use to address the needs of future residents. Relevant Vision 2001 -2020 policies: • NH Pl. Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Concentration of federally subsidized, assisted or affordable housing will be discouraged. Relevant Loudon - Melrose /Shenandoah West Neighborhood Plan Policies: Residential Development Policies Diversity of Housing Options: Loudon - Melrose /Shenandoah West should have a balance of single and multifamily housing, and should discourage the development of more multifamily low - income housing. Economic Development Policies Reevaluate all commercial and industrial areas of the neighborhood in the update of the zoning ordinance, based on the future land use map. The use of the property at 23 24`" St NW has long been one of housing people in group living arrangements. It began as a dormitory for the railroad in the 1930's and changed to a transitional living facility in the 1980's. Now, a new owner proposes to put the vacant property back into service as an assisted living facility through the removal of the existing conditions and a special exception process. Although the future land use map in the neighborhood plan suggests that the property should be used for light manufacturing /commercial use, the proposed use is not unlike the previous uses over the past almost eighty years. Public Comments: None. Planning Commission Work Session: None. Planning Commission Public Hearing: None. K&a , .i f 14a-ee-� t.,w Kermit Hale, Vice -Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Annette Lewis, Total Action Against Poverty in Roanoke Patience Odupelu, Evergreen Assisted Living Community, LLC Zoning Amendment Department of Planning, Building and Development RECEIVED Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax. (540) 853 -1230 Date: l v ; --j Raauh! (IN —tact NI th t .." 1 ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ROANOKE OCT 2 2 2015 CITY OF AUANGKE Clck Here (0 PTt PLANNING BUILDING II Submittal Number: I Arna de(t A f>ph& f7on No. I ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay Distrlot r"M k ormation• ❑x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plat) ❑ Amendment of Comprehensive Sign Overlay District Address: 23 24th Street, Roanoke VA Official Tax No(s).: 2711102 Existing Base Zoning: x❑ With Conditions (If multiple zones, please manually enter all districts.) RMF, Resldennal Multifamily ❑ Without Conditions Ordinance No(s). for Existing Condition (if applicable) 28817 Requested Zoning. ml (YI a j1 }d1Yll�, Witii Conditions ft Mead r t- L I I ❑ Without Conditions Land Use f MC' pr,��Owna► InformatMn• Name: Gtal Action Against Poverty in Roanoke Plane Number. +1 (540) 981 -0208 8 Address P.O. Box 2868, Roanoke VA 24017 E -Mail: -S `Pro —"s i Tfohorw . 01^ 11efs Signature: J. /1pnlleaM Information 1iL111f}ereM hem p raj; Name kwl N C"J'unf4 L Phone Number (% E-Mail Pa F o u la h � G� Address: 14 bI GCce- D f Koo nb 6-L +1A Applicant's Signature: AW —tH"A �_Agont Informat14A1L Api lklklo Name. Phone Number. Address E -Mail Authorized Agent's %nature: Zoning Am 9n4nent The fallowing must be submitted for all applications: 161�60mpletsd application form and checklist FAritten narrative explaining the mason for the request f- Metes and bounds description, if applicable. Filing fee. For a rezoning not othenMaa (fated, the following mill also be submitted: F- plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a conditional rywning the fallowing must also be subnylted: ROANOKE f- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of hem '2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. For a planned unfi dsuelopmeM, the Miming muslalbo besbbmkted: F- Development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. For a comprdllegaiva sign weri ;y rQatAct, the following, musbbe submitted: r- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an ame Wmiolit of proffered condition, the following must also be submll8ad:. �unended development or concept plan meeting the Application Requirements of hem'2(c)' in Zoning Amendment Procedures, if applicable. "Fttsn proffers to be amended. See the Otys Guide to Proffered Conditions. r Copy of previously adopted Ordinance. For a planned unit development anwndrtwnt, the following must also be submitted: r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordnance. F- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the foluvlk g must also be submitted: T- Amended comprehensive slgnage plan meeting the requirements of Section 36.2- 336(d) of the Citys Zoning Ordinance. r Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: r A Traffic Impact Study In cempfia¢e with Appendix 13-2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic Impact analysis be submitted to VDOT, the fdlovnng must also be submitted F- Cover sheet F- Traffic impact analysis. r Concept plan. F- Proffered conditions, 9 applicabe. r Required fee. 'An electronic copy of this appllaton and checklist can be found at www.manokevagovlpbd by selectng'Plannng Commission' under Boards and Commissions'. A complex packet must be submitted each time an application is amended, unless othery *e specified by staff. Group Care Facility: Congregate Home (Proposed Use for 23 24th Street, Roanoke, VA, 24017. My name is Patience Odupelu and I represent Evergreen Assisted Living Community LLC. I am seeking the repeal of the existing Proffered Conditions enacted by Ordinance Number 28817 as they pertain to Official Tax No. 2311102. , 23 24th Street, Roanoke, VA, 24017 and the addition of the following Proffered Condition: "The maximum occupancy of a group care facility under the Zoning Ordinance shall be no more than 55 people, including all full -time and part-time employees of the owner of the subject property, or the owner's tenant or management company, who are present at the facility during the course of any work shift, unless the amount of permissible occupancy is further restricted by the Uniform Statewide Building Code, or any of its component codes adopted by the City of Roanoke, in effect at the time this proffer is accepted by City Council "" a) our proposed use of the property at 23 24th street Roanoke, VA, 24017 is to establish a Group Care Facility (Congregate Home) called Evergreen Assisted Living Home where we will provide 24 hour care for the elderly or anyone younger such as veterans who cannot safely care for themselves at home due to mental illness or physical disability. The proposed development that we plan to do are; installation of an elevator to assist our residents to transfer between floors on the property, installation of a central air conditioning system, placement of a signboard in front of the building, trimming of trees around the property and repair and maintenance of the fence around the building. b) The Justification for the change is to remove the proffered conditions currently placed on the property by Total Action Against Poverty so that we can use it as a Group Care Facility (Congregate Home), NOT OTHERWISE LISTED. c) The proposed amendment will generate minimal traffic to the area because our residents would use arranged transportation by the Facility and not their personal means of transportation. Our Facility would create jobs for persons seeking entry level position in the Long -Term Care Industry through employment opportunities at the facility and our training for other caregiving careers. As the Administrator of the Proposed Group Care Facility I want to provide an opportunity for anyone who wants to work with the elderly to train under me to prepare them for jobs in the long term care industry. We have this incorporated into our current business model as part of our job creation strategy for our community. d) There are other similarly zoned properties in the general area examples are; I)Hermitaee in Roanoke 1009 Old Country Club Road, N.W. ROANOKE, VA 24017 2)Virginia Veterans Care Center 4550 Shenandoah Ave. ROANOKE, VA 24017 d) The proposed use of the property would promote the occupancy rate of buildings in the Loudon - Melrose neighborhood and reduce code violation which is a problem in this part of the city. According to the City of Roanoke's Loudon - Melrose Neighborhood Plan Update, some of the major issues identified include attracting more homeowners, improving the area's appearance, infrastructure improvements, and zoning changes that would encourage the development of vacant lots. Evergreen Assisted Living Community's ownership of the property at 23 24`h would contribute to improving the area's appearance and bring development to the loudon- Mclrose neighborhood through occupancy, proper maintenance of this building and increased economic activities . The neighborhood has several businesses, churches, daycare centers, banks, grocery stores and establishing a Group Care Facility will add to the development and increase in economic activities in this part of the city The property has been used as a dormitory for railway workers in the past and was used by Total Action Against Poverty use as a Group Care Facility (Transitional Shelter) which is not too different from what we plan to do with the property. As part of the Vision of the City Council' 2001 -2020 comprehensive plan for the Loudon - Melrose /Shenandoah West Neighborhood Plan to Promote development on vacant parcels and the adaptive reuse of vacant buildings, the proposed use of the property at 23 24`h street will contribute to fulfilling the goals set in this plan. Evergreen Assisted Living Home's services includes assistance with Activities of Daily Living such as Meal Preparation, Assistance with medication management, Transportation to Doctor's appointments, Laundry, personal care, housekeeping. We also prepare and serve meals and snacks to our residents and we do activities with them such as Bingo, checkers, cards or whatever activities they prefer. We plan to reduce the occupancy from 100 people to 38 residents plus staff as allowed by the existing Special Exception and Certificate of Occupancy. Some of the people that we care for have some form of physical disabilities, mental illness and many of them just need help with managing multiple medications. We currently have a licensed Facility at 1437 Peters Creek Road, Roanoke, VA, 24017 for five residents. Out of the five residents that we currently serve, four of them are veterans and we help them manage post war issues or conditions resulting from their service in the military. I used to be a Veteran's nurse at the Salem Veteran Medical Center. The component of medical care in the services that we provide are management of medications and helping the residents to have regular visits with their doctors. We also have a dietician that works with us on a contract basis to monitor diets and provide teaching on compliance with prescribed diets for our residents. We do have home health visits by nurses, doctors and therapists. Our current staff is made of a Registered Nurse, Certified Medication Aide and a contract dietician and we plan to hire more staff once we expand. We do work with social workers and all our current residents have social workers assigned to them and we plan to do that at the new place on 2411 street. Our Current facility is licensed by the Department of social services and we would request a license from them for the property at 23 24th street once we obtain a certificate of occupancy from the city of Roanoke after the rezoning. We do have annual inspection by the Department of Social Services, City of Roanoke Health Department and the City of Roanoke Fire Department and we would continue to do that at the new property on 23 24'h Street. Our staff do not reside on the property but only work with the residents on a 24 hour rotating shift to provide care for our residents. Our Mission is to provide long -term care for people needing Residential and Assisted Living services. As the Administrator I have Training licenses and provide Training for other caregiving careers. I want to provide an opportunity for anyone who wants to work with the elderly to train under me to prepare them for jobs in the long term care industry. We have this incorporated into our current business model as part of our job creation strategy for our community. I have enclosed some of my certificates and licenses for your review. PROFFERED CONDITIONS TO BE REPEALED The applicant hereby requests that the following proffered conditions enacted by Ordinance Number 28817 be repealed as they pertain to Official Tax No. 2311102. 1. The Rezoned property will be used only for the purpose of operating a group care facility providing transitional shelter and supportive service to persons needing permanent housing. 2.The rezoned property will be operated and supervised by Total Action Against Poverty in the Roanoke Valley (TAP) 3.The rezoning of the property shall be subject to the granting of a special exception permit for a group care facility. 121884 SF Adaptive Reuse Opportunity Michael Waldvogel, CCIM, SIOR Presented By W WALDVOGEL Commercial Properties Woldvogel Commercial Prapedies, Inc. 400 P,.Fe Wngl qm Balding 30 Franklin Road, SW Roanoke, VA 14011 Krislo Vannoy, CCIM Calle Holmes, REALTORZ kvamovia�walrlvn ,.vi......____:_, _. _ ' R L E WALD OGEL 142AN SF AdapIN" ftm O"OftnNy Excellent opportunity for adaptive reuse. 12,854 + /- SF two -story brick building constructed in 1937 as railroad workers' dormitory facility, and utilized most recently as transitional living facility. Zoned RMF - residential multi- family, in an area of strong industrial and commercial activity. Commercial kitchen with walk -in freezer. Several open and spacious spaces currently designated as dining, living, and community rooms. Laundry and storage areas. 33 rooms on second level including 30 with sinks. Three large multi-stall shower /rest rooms an second floor. Five bath / restrooms on main level. High ceilings throughout. Large windows and ample light. Located 2.5 miles west of downtown Roanoke and 1 block south of the intersection of Shenandoah Avenue and 24th Street, and 4 blocks to US460 / Alt -11 corridor. Michael Woldvogel, CCIM, SIOR Kristo Vannoy, cclM mwaldvogel @waldvogelcomn ,00l.cam kvonno Celle Holmes, REALTOR® 540.342.8599 y @waldvogelcomnercicLcom cholmss@woldyogelcamnm 540.342.0881.. 540.342.097A Aerial View Facing East Location Map jest -1 S D Floor Layout Diagrams w First Floor Layout For Illustrative Purposes Only. Based on Existing Evacutadon Plan sketches: Not to Scale 66' Bath Office' Office Office li Office Bath Office Office Office rP n O Bath w` Office x Office To Basement Library / Den Office Commercial Kitchen Dining Area / Common Area Bath Living /Common Room ' &c- or •b Laundry /Storage i l QO(rS�'P q1u, f.b,sr"'Y �y Iw Second Floor Layout w For Illustrative Purposes Only Based on Existing Evacutadon plan sketches: Not to Scale ays y PROFFERED CONDITIONS TO BE ADDED The applicant hereby requests that the following proffered conditions be adopted as it pertains to Official Tax No. 2311102. 1.The maximum occupancy of a group care facility under the Zoning Ordinance shall be no more than 55 people, including all full -time and part - time employees of the owner of the subject property, or the owner's tenant or management company, who are present at the facility during the course of any work shift, unless the amount of permissible occupancy is further restricted by the Uniform Statewide Building Code, or any of its component codes adopted by the City of Roanoke, in effect at the time this proffer is accepted by City Council. �r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28817. AN ORDINANCE to amend 536.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 231, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM -9, Residential - Multi- Family, High Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 536.1 -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 on said application by the City Council at its meeting on October 12, 1987, after due and timely notice thereof as required by 536.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commis- sion, the City's Comprehensive Plan, and the matters presented at 0 0 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 5536.1 -3. Code of the City of Roanoke (1979), as amended, and Sheet No. 231 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as an approximately 0.41 acre tract located at 23 24th Street, N.W., designated on Sheet No. 231 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2311102 be, and is hereby rezoned from LM, Light Manufacturing District, to RM -4, Residential - Multi - Family, High Density District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on August 12, 1987, and that Sheet No. 231 of the Zone Map be changed in this respect. BE IT FURTHER ORDAINED this ordinance shall be void, and of no effect, should Total Action Against Poverty in the Roanoke Valley, Inc., fail to obtain from the City's Board of Zoning Appeals a special exception permit and all variances that might be required for the operation of a group care facility on the subject property within one (1) year of the date of this ordinance. ATTEST: City Clerk. • 0 REr rl dT f Ir" Rcanale CAy F9olning Commaum October 12, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Total Action Against Poverty in The Roanoke Valley, represented by Richard E. B. Foster, Attorney, that property located at 23 24th Street, N.W., bearing Official Tex No. 2311102, be rezoned from LM, Light Manufacturing district to RM-4, Residential Multi -F®ily district, such rezoning to be subject to certain condi- tions proffered by the petitioner. Background: A. Petition to rezone was filed on August 12, 1987. B. Pu oae of the rezoning is to use an existing building for a 50 bedroom group care facility with potential for expansion (up to 100 persona) to provide transitional shelter and supportive aervices to persons seeking employment and Permanent shelter. 4i:a�6d#tdoRe_ srtr sa ta.�lovs: -.� ' � hr,-seaoned. propetfy•63�1- be`Hiid-oaly for.the. purpose. of +W.pinH- a�group dare facility providing transitional e, l;zec and "eupportiva service to persona needing Permanent housing'. 2. -:,Thr rezoned property Will be operated and superviamd 'TotaI Action Against poverty in the Roanoke Valley (TAP). 3. xhe+nezogipH -,p.. Chs..pznperty..ahalY . be.,.auw• _ eh - gpyaLing- 05..a- specYal cep on permit for r agroup care Roan 353 M1 dPa 0.AON 215 Qnrc, A�, 5 W RooX*e, Veyyyo 24011 (703) 961.23" D. Under the new zoniaa ordinance, group care facilities are permitted as special exceptions . by the Board of Zoning Appeals (BZA) in the RM -4 district provided that there is one thousand square feet of lot area for every three occupants including supervisory personnel; the facility is not located closer than fifteen hundred feet from another group care facility; the facility has one hundred square feet of open space per occupant; parking and exterior activity areas are screened; and parking is adequate to meet the needs of staff and residents. A variance would have to be obtained to accommo- date the projected number of occupants (100). E. PtopaSed group care f ility addresses a critical need identified in the recently completed "Study of Housing and the Homeless" which recommended the establishment of at least one additional transitional housing facility within the calendar year. F. Planning Commission public bearing was held on September 2, 1987. There was no opposition to the rezoning request. G. Planning staff has recommended approval of the requested re- zoning. II. Issues: A. Zoning is presently I.M. Zoning in the area to the north, east and west is LM. Zoning to the south is RM. B. Land use is presently commercial. Property to the north and east is vacant. Property to the south is industrial with commercial to the west. The nearest concentration of residential development is the Lansdowne Park apartment complex operated by the Roanoke Redevelopment and Rousing Authority located north on 24th Street. C. Utilities are available. Building is existing. D. Traffic is not a significant issue. Most residents are expected to use available mass transportation. E. Neighborhood is a mixture of commercial and industrial uses in the immediate area. The Lansdowne Apartment complex, the only large concentration of residential development in the area, would not be impacted by the proposed use. F. Comprehensive Plan recommends that: 1. Development of ueighborhood -based multi- purpase human service centers should be supported. 0 0 2. Appropriate services for individuals with special need, should be available in neighborhood settings. 3. Neighborhood character and environmental quality should be protected. Potential changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Ill. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes conditional BM -4. Special exception and required variance must be obtained from the Board of Zoning Appeals. 2. Lead use Can only be used for the operation of a group care facility by TAP. Use is subject to receiving a special exception permit and required variance from the BZA. 3. Utilities not affected. 4. Traffic not affected. Additional parking may be required. 5. Neighborhood services for special need persons and at risk groups are provided. Based on the information provided by TAP, the operation is primarily intended to provide transitional housing and job counselling services for residents. 6. Comprehensive Plan followed, B. City Council deny the rezoning request. I. Zoning remains LM. Z. Land use is restricted to those permitted in the LM district. 3. Utilities not an issue. 4. Traffic not an issue. 5. Neigbborhood not affected. 6. Comprehenaive Plan followed. 0 0 IV. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 7 -0. The existing building on the property was used in the past for intermediate housing making it suitable for the proposed use. Also, the project will provide a needed service to the community. Respectfully Submitted, [�Coo �n , Roanoke City Planning Commission SSG /7RM /tsb attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner spa. w "e,sx a x.x. a eenxoRq YRUN L VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IRE: Rezoning of a tract of land ) lying at 23 24th Street, N.W. ) from LM, Light Manufacturing ) District to HM -4, Residential ) PETITION TO REZONE Multi- Family, High Density ) District, subject to certain ) conditions ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioner, Total Action Against Poverty in the Roanoke Valley ("TAP "), has a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, containing .41 acres more or Less, located at 23 24th Street, NW, and designated on Roanoke City appraisal map as official tax number 2311102, which tract is shown on the plat of survey attached hereto as Exhibit "A ". Said tract is currently zoned LM, Light Manufacturing District. 2. Pursuant to Article 7 of Chapter 36.1 -690, Code of the City Of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM -41 Residential Multi - Family, High Density District, for the purpose of using the said property as an existing building and parking facility for a 50 bedroom group care facility to provide transitional shelter and supportive services to persons seeking jobs and :ermanent shelter. 3. The petitioner believes the rezoning of the said tract of land will further the intent and purposes of the eox, woonx a w,r nrtonnns.n.uw i nuxexq v�. d • 0 city's zoning ordinance and its comprehensive plan, in that it will provide needed housing as recommended in the city's study of housing and homelessness in Roanoke. Further, rezoning as RM -4, subject to certain conditions, will encourage an appropriate use of the land without adversely affecting the interest of adjacent land owners; and such rezoning will promote the health, morals, comfort and general welfare of the community. 4. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to and that the petitioner will abide by the following conditions: a. The rezoned property shall be used only for the purpose of operating a group care facility providing transi- tional shelter and supportive services to persons needing Permanent housing, b. The rezoned property shall be operated and supervised by Total Action Against Poverty in the Roanoke Valley ('TAP -). C. The rezoning of the property shall be subject '_o the granting of a special exception permit for a group :are facility, S. Attached as Exhibit 'B' are the names, addresses nd tax numbers of the owners of all lots or property mmediately adjacent to or immediately across a street or oad from the property to be rezoned. WHEREFORE, the petitioner requests that the above - escribed tract be rezoned as requested in accordance with 2 0 0 the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 12th day of August, 1987. Respectfully submitted, TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY By. RicFAiara E g Of Counsel Fox, Wooten S Hart P. 0. Box 12247 Roanoke, Virginia 24024 (703) 343 -2451 Total Action Against Poverty in the Roanoke Valley 702 Shenandoah Avenue, NW P. O. Box 2868 Roanoke, Virginia 24001 � n - IL E r.- t I�i p' Theo ore J. Ed Ion Executive Director l 1"` 3 0-t m o� ? � h m M 0 M Ce Oft Fz�j it Env ■... V vo W '14 AiA O f fYnta � e s ilcoaa C pj � J �.r tiyga ataa0 � 19 Ki Utgt1 a G U Iuli GLH�tt p M1 p 0 ity,l: � ai'nta c '0 ti k o . It `r 1�V tttU<i p { N '� {a401t i i GU,LLi ^i r �• n�,ha'@, rF • �s4 • 0 Total Action Against Poverty, Inc. (TAP) has located and negotiated a selling price for a Property located at 23 - 24th Street, NW, (Shaffer's Crossing) , :)mown as the Railroad Service Company. The tom story brick Wilding has been used as a railroad worker's transient dormitory but is privately owned. TAP intends to purchase and renovate the. building and use it as 24 hour, 365 day a year transitional expansion uplto 00 Persons). 1 be a 50 bedroom facility (with Potential for Purpose: The .shelter will serve men who are currently hareless or thema — toereceOnly exer�ry shelter available to than, thereby cabling employment training and /or a job. The major..: goal of the .Program will be to assist homeless men to become self- ,• ,ta:n• and locate Permanent housing. The shelter will Provide safe, clean In addition the re9, needs assessment, counseling, referral and food. Program will Provide day shelter and rehab for the ba less year round. The target population will be those who are coammited to "making it on their own ". A contract will be signed with all residents, clearly stating all expectations of than and what they will receive in return. Clients:. The shelter can house and feed a maxima, of 100 people. TTie Ots will be those who: a) have had Permanent housing in the Past and have lost it; b) have had difficulty in locating Permanent housing, or; c) have had access to asergency Shelter only. Clients will be experiencing housing difficulties for a variety of reasons, such as: loss of job, substance abuse, prior incarceration, lack of education and /or job training, etc. As mentioned, all clients will be remixed to sign a contract with the program so as to obtain a solid commitment to beanie self - sustaining, Permanently housed citizens. Progrems'. Needs assessment, counseling and referral to appropriate TAP components or outside agencies for whatever assistance is needed to stabilize the person, educational training, euPloymsnt training and /or job locating services, and housing counseling will be offered to all residents, chiefly by Plugging than into existing TAP programs. Meals, Showers, hygiene facilities, emergency medical care and emergency Clothing will be offered and available to all residents. Facilities: The Wilding is approximately 6700 square feet per floor, two floors. Kitchen and Dining: The building has a large kitchen presently equipped to Prepare food for 100 People. A dishwasher and a foal Preparation table, as well as other kitchen equipment will be added. Tables and chairs or benches will be obtained for dini ng, At Present, the Wilding houses a restaurant with counter and stools and a camdssary. This area is very adequate for feeding 100 people. The kitchen on site will provide 3 meals a day to residents, including at least one hot meal, with the Possibility of one walk -in hot meal each day for nm- hcMless hM3Xy people. Bedrooms: The building contains five bedrooms downstairs, same of a Oould sleep two people comfortably. Additional space is downstairs which might be converted into , necessary. ThIrty-four bedroom are upstairs which can slleeppttwo to as Bathrooms: There are three bathrooms downstairs which need some repair azdud modernization. One bath is suitable for use by handicapped Persons- The upstairs has one large bathroom with four sinks., two toilets and two urinals. A utility sh°wers four .closet will be remodeled to ty closet and storage toilets. Almost all of the provide two additional slnwersand two more upstairs bedrooms have operational sinks. As required by BUD, the building is not on the National Register of Historic Places, is not in an historic .district and is not immediately adjacent to a Property so listed. The building is not in either the 100 -year or the 500 -year flood Plain, (reference: :Flood Insurance Pate �P Fg84 Ccs"Unity Panel #510/130/0020c, June 1, 1984). Penovatims to the building will not jeopardize the continued existence of an endangered or threatened species or be inconsistent with HUD envirormntal standards. TAP has aPPlied for a waiver in regard to the use of mBG funds for repayment of the mortgage loan and for renovation of the building. e The Purchase Price of the building is $145,000. The estimated cost of renovation of the building is $120,000. An application submitted to the Virginia Housing Development Athority (VRuAI)fr. submitted loan as with deferred interest. Grant applications are being Foundation grant sources, including Federal, State and finding. In-kind contributions are being nwght. • ! • • PRISM4"'CN TO THE PLANNING CQT.pSSI(N BY E. CAB= BRAND SEPTII.EER 2, 1987 I. Total Action Against Poverty, Inc. (TAP) has a contract to Purchase the land and building loca Proposed ed at 23 - 24th Street, N.W. tpreoevdi tr i nalPl she � �a 50 bsdroan, mr * care facility Partaazuent shelter, services to Parsons seeking Jobs and auPF�rtive homeless locate P am will be to assist homeless man t yTp lf°T goal of the Parmnent housing. Needs assessment, counseling��nthg and educational and/or employment housing . cwnseling will #fig' Job locating services, and Plugging them into in offered to all residents, chiefly by Programs, as appropriates g T� Programs or existing area agency Virginia comprehensive study of housing and hanelessnsss in Roanoke of- the -City addrreeqsusest*d by MAYOr Noel C. Taylor in his 1986 Statel ensuing iasoc the l + Wit• Awn � given Of baseless individualslinithe area Peoplein Roanoke were homeless and relying. •1987, at least 177 C�there8are notfa'�ntth shelter segment of this grouppiisssingle for Year -round for these beds to Provide safe, adequate shelter the chronically. haueless indivi People areeations currently Providing emergency, sheltertogether, all a<N1PPed to shelter PPrcxim homeless Recommendations resulting from these th1Y 97 individuals. increase rnnclusions A) Off 1987 B) ald��nsive day should bye a •by the win- - at least ore transitional boas' facility stablished; increased effort should �n the next year; an) an ty should be established within services to which serve less; E) an increased advocacy and outreach effort be made. tore specifically nu populations among the hareless should Recommendations section di am f report, in the , Page 57 of the r nw�. The study reports musses the transitional housing facility such a facility. It states: "This interest housing stns ly needed by many of the at -risk tree °f is desperately needed oalMunity 3 goal should a represented in this study. This facility within a year." It is working operation of a least one such a facility, projected t is TA s intention to Purchase and c:perate week a January, with a opening date no later than the first azmary, 1988, well within the study's recommended goal. III. A brick, two story building of approximately 6700 square feet per floor (13,400 total square footage) was constructed on the tract of land at 23 - 24th Street, N.W. around 1937 by the Virginia Supply Company for use as a railroad worker's transient organlzatios operated the facility for an transient to y. This and that sold it to the Tidewater Rail years Of the facility until about 1974. �Y tim, the facility °tom of operatias Purchased by its present owners, the Railroad Service Qmpauy, which 0 ' 0 continued to restaurant and general the facility as a transient dormitory,, commissary, day. Five general merchandise sales operation, open 24 -hours a day- limited dYears ago, in 1982, the second floor was closed, leaving Occupancy only ether in the bedrooms on the first floor in addition aver -night Occupancy offered. In March, 1987, all y was discontinued. Restaurant, commissary and sales services continue to be offered and available at the Present time. IV. TAP intends to renovate the building and use it as 24 -hour, 365 day a year transitions, housing. It will be a 50 bedroom. facility. The shelter will home and serve man who are .currently homeless or who have only emergency shelter available to them, thereby enabling: them to receive employment training and /or a job. The .facility, will provide safe, clean transitional housing. Needs assessment, counseling referral to appropriate TAP components and Programs or outside gencies for whatever assistance is needed to stabilize the Person, educational training, e:Pl°pment training and /or job locating services, and housing counseling will be offered to all residents, chiefly by plugging then Into existing TAP Programs. Meals, showers, emergency to medical care t�and emergency clothing will be offered and available to all residents. tenet it will be those Persons who are firmly committed 9 their own ". All residents will be required to sign too beaus self-sustaining, Program so as to obtain a solid Commitment from than Permanently housed citizens. The facility can house and feed a saximan of 100 people. The residents will be those who: a) have had permanent housing in the past and have lost it; bl have had difficult emergency in locating permanent housing or; c) have had access to rgency. shelter only. Residents will be experiencing housing difficulties for a variety of reasons, such as: loss of job, substance abuse, incarceration, lack of education and /or Job training, etc. V. The location of the .41 acre tract of land is ideal for its Proposed usage. No other structures are immediately adjacent to or across the street from the Proposed facility. The majority of Properties in the immediate vacinity are owned by Norfolk a 4lestern lrw and without structures. The Proposed. facility will not any way with area Properties nor will it create any significant additional traffic in the immediate vacinity . The building is mt on the National Register of Historic Places, is . not in an historic district and is rot immediately adjacent to a Property so listed• Additionally, the land tract is not in either the 100 -year or thhe500 -year flood Plain (reference: Flood Insurance Rate Map FIRM ty Panel 9510 /130 /00200, June 1, 1984). et • • i• El Norris (�.�� on ma T. E. Katie as Rya ie��! urea Ones rman �hae rq�ryl�at �jl U. H. Ynea c on elynn U. ga manger HARD OF ZONING ""RAIN Richard A. aife Mrs. Ruth C. Arastrong Sec [a ry OADER OF THE BOARD OF ZONING APPEALS APPEAL NO. 81 -87 -A �3'('a7i Applicant: Total Action Against Poverty Premises: 23 - 24th Street, N. w. In accordance with the authority vested in the Board of Zoning Appeals, as set forth in Section 36.1 -656, Zoning, City Code, to hear and decide applications for special exceptions, a public hearing was conducted on Tuesday, November 3, 1987, in the Council Chamber, Municipal Building, on the following request. The request of Total Action Against Poverty for a special exception, as provided under Section 36.1-146(2), Zoning, to allow building at 23 24th Street, N. W., to be used as a group care facility to provide transitional shelter to persons seeking Jobs and permanent shelter, with a variance to allow 100 occupants in lieu of 53 as permitted for the lot area of 17,859. Facts and conditions involved in said application were investigated by the Board, inspections having been made of the property in question prior to the public hearing. It is noted that the City Council recently took action to rezone the subject property to RM -4 to enable the applicant to apply for a special exception for a group care facility. Also, On November 2, 1987, the Council took formal action to endorse such facility at this location. The Board is aware of the need in the City of Roanoke for shelter for the homeless and encourages appropriate projects of this nature. In regard to the requested varisoca to allow loo occupants In lieu of the 53 provided for with a lot area of 17,859 . square feet, based on three occupants for every one 38 16562(b)(i area, ii), the Board is-are that rthe building in question is suitable for that number of Occupant. and is of the Opinion that, in view of the need for the facility, a variance as requested is warranted. 0 IT IS THEREFORE ORDERED that the request of the applicant for a special exception to allow a group care facility at 23 14th Street, N. W., With a variance to allow 100 occupants, be granted.. The Zoning Administrator is hereby authorized to issue proper permit for any necessary alterations to the building and a certificate of occupancy for the use in accordance with the decision of the Board and conditions set forth in the application. By ORDER OF THE BOARD OF ZONING APPEALS, this the third day of November, 1987. 3n 1 hairman 'yGl.._.�.•'+ Secretary Theresa L. Monahan Fax, Wooten L Hart 707 Building Roanoke, Virginia 24011 Dear Ms. Manahan In regard to your application filed with the Board of Zoning Appeals in behalf of TAP for a special exception in regard to the property at 23 24th Street, N. W. YOU, along with others, will be granted a public hearing on Tuesday, November 3, 1987, beginning at 2 p.m., in the council Chamber, Fourth Floor, Municipal Building, at which time and place you Will be given an opportunity to present this rogues to the Hoard. Property owners in the immediate vicinity of the property in question have been notified of the time and Piece of the public hearing; and they will be given an opportunity to present their views, as provided by the Zoning Ordinance. Sincerely yours, r_« t4; Ruth C. Armstrong Secretary L. Bbaud Nurria c. E. T. Rrb. "tlilt fit v,r e e h.n, ic mae W. H. {RUaron. BOARD OF ZONING APPEALS i rLf.C�. Glynn D. Barranger Richard A. Rife Hra. Ruch G. A,mrcro,s Secre ary October 26, 1987 Theresa L. Monahan Fax, Wooten L Hart 707 Building Roanoke, Virginia 24011 Dear Ms. Manahan In regard to your application filed with the Board of Zoning Appeals in behalf of TAP for a special exception in regard to the property at 23 24th Street, N. W. YOU, along with others, will be granted a public hearing on Tuesday, November 3, 1987, beginning at 2 p.m., in the council Chamber, Fourth Floor, Municipal Building, at which time and place you Will be given an opportunity to present this rogues to the Hoard. Property owners in the immediate vicinity of the property in question have been notified of the time and Piece of the public hearing; and they will be given an opportunity to present their views, as provided by the Zoning Ordinance. Sincerely yours, r_« t4; Ruth C. Armstrong Secretary PAMMIlk rz In 11 PIA 1 A�.PIIESIIN E. CANUJy aFPlID SM'TU OEA 2, 1909 Purchase Intel ne the land aAgainst Pc'rerty, Inc• (TAP) has a cnutrect N proposad use of the PrcPerty s for 50 23 bedroom4N Street, N.W. Trte N Provide tranuitionnl sheler and r,Ta@ care facility Persons seeking joys and supportiVe aaxvices to timeless IP" will be to assist Issueless mg lea 1IV major goal of thr beam¢ self - Penuenent hosing. Needs assesaaent, coins, sueyrnix and educational and /or euploYeent [reining, job Jousting referral, housing counseling will be offered N all residents t �rces, and Plugging than loth existing hiefly by Programs_ as appropriate stvg 5AP PrrRaam or ezieting area agenay ofII. A Cmprehenaive study of housing and hrmslessuess in Poaroka, tg_th -Ci *eS tad by Mayor Noel C. Taylor in his 1986 state - Waa mncl�ed tint: A�TIaec� �t was "aned in APrll, 1987. IC is on the increase rusher of heel... LOdiiiduala in the area - on a given night M JanarY, 1987, at least 177 in housing; B) a were Amerge end relying on mergency shelters for C) there are not f�• the largest segaeut of this gIrsT is single sen; enough shelter bads to provide safe, ada3uate shelter Yus i-[ound for these chro:ically inselees individuals - together, all the organizations currently Providing emergency eelter W jcv4 99 Peple are equiPPad to shelter apprydmetely. 97 individu Peananadatirne rsaulting fnm these oceclusirns were: als. A) the of Iso n'ii 5 � more" its scargency ahalter bed apace ty.NC wirrtee I o®prehensive day facility should be astablishm; CI at least one transitional hosing facility should ba established Within the pct year: D) an increased effort should bn made too cv n,,joebe services to the haelessh E) an increase) adroca y and causer, effort by agencies which serve a,ecfal Populations artong tlnu timeless should to wade. [bra specifically, comber £as, page 57 of the rportr in nead.Pemmendatiooa section diacusees the transitional hosing facility such a fThe tytt�tes: "ibis interest in purchasing and operating type of housing is desperayly needed q'many of the at -risk grope rpxesen� in this study. Tnis ft , tY l xal should be the xoIkiM operation of a least Cna ty Year." It is TAP'n intention to Nrcbser and n.eray such o facility's a Projected opadng day m later than the first wank of Syaary, 19881 well arithin the stodY's recoirmyed goal. III. A brick, txo story building of appzuxune"Y 6700 aunare fast per floor (13,400 total square footage) xas c tructad on the tract of lend at for 24th a railroad rt, N.W. armufl 1937 by the Virginia Soiply organization .. as tad r wrker's transient dordtory. Ibis mmba, and then sold it to tad Tidesatery Rail C g11Y who continued �t of yearn of the facility until abort 1974, At that tiver the facility was Purchased by its Present. amers, Q Railroad Eervice Cmnpmny, w{n{ch 7/,1 Ic' 1�T 7, • .• to reatmamrt a rate the facility as a transient doc itcry , commis day. Five general nrerchandix sales Operation, open 24-houn ly _ Years ago, in 1982, the sacard floor was ¢lased, to the otluax OOP-w,i yaio the arm. °n the first floor fn addlla�aOi overnight Pteviouely offered, In March, 1987, all mdse service Ito be ox� and availah� a t, emissary and present time. N. TAP intends to remvate the building and vse it as 24 -hour, 365 ley. a Year tranertionai housirvg. It will be a 50 b . facility. 7 e shelter will have and serve mm woo ere currently haelesa ac who have Only emergency shelter available to thery thereby ¢creel xsxive employment training sol /or a job. Its facility w 1111 Provide refferrel� trmraiticnal iOoaio,. Nseda assessment, conaseling and to for Metever iris appropriate Ts needed LastaeiliPro9r� or outside Oneidas and training, employment training ed /or job loco �r�' ercatfpul ommselirig p 11 be offered to all residents,t locating bas, end hovirg into existing TAP pmgcaos. !psis, Y by mailorg rhos and s argency clothing will be offered a Hs evailabl. to all lrresreidents. The target population will be these persons who are firmly comndtted to "malting it m their ama. All residents will be xasiired to sign a contract with the Program an as to obtain a solid comaitcent from them W berme eelf- sustaining, Penrene tly have, citizens. a'he facility can hove and f¢cd a marimrm of 100 People. The residents will be those who: a) have had Permanent ho aing in the past and have lost it; b) have had difficulty in locating permanent housing or; c) have had access to emergenny shelter only. Residents will to losroEamolrb, substance abuse, incarceration lack ofreedocation end /or jm training, etc. V. The location of the .41 acre tract of land is ideal for its proposed usage. NO otter struct 5 are immediately adjacent to or &=as the street from the proposed facility, are majority of properties in the immediate vacinity are amp by Norfolk 4 Western Railway and are without structures. The proposed facility wi11 not terfere in 'y way with area Properties roc will it create any significant RdAitional traffic in the immediate vaeini.ty. ae banding ! not on the National, Register of Historic Places, is not in an historic district arci is not immediately adjacent to a pxopsrty so listed. #Ritually, the land tract is art in either the 100 -year or the 500 -year flood plain Ireferere: Flood Insurance Rats Map FIg4 Cnrmmity Panel 1510 /130 /00200, June 1, 19841. e. J J M�Oy :p�� I. Vice Ch Chairman is Fgr(a[ii:a, M. N. Nhea[on S6. Y, /iCGo Glynn D. Barra gcr BOARD OF BONING APPEALS Richard A. Rife Mra. Ruth C. Armatr., NOTICE OF PUBLIC HEARINGS BEFORE THE BOARO OF ZONING APPEALS TO WHOM IT My CONCERN: Pursuant to provisions of law made for such purposes, the Board of Zoning Appeals will hold public hearings an Tuesday, November 3, 1987, at 2 p,m., in the Council Chamber, Fourth Floor, Municipal Building. I. Request of Betty Branch for special exception, as provided under Section 36.1 - 552(x), Zoning, to permit building at 123 Norfolk Avenue, S. w., to be used for snulpture Studio. Request of Total Action Against Poverty for spacial exception, as provided under Section 36.1 - 146(2), Zoning, to allow building at 23 24th Street, N. w., to be used as a group are facility to provide transitional shelter to persons seeking jobs and permanent shelter, with a variance to allow 100 occupants in lieu of 53 as permitted for the lot area of 17,859. 3. Request of CBL Management, Inc. for variance from sign regulations for property on the north side of Bennington Street, SE at its intersection with Mt. Pleasant Blvd. and Rutrough Road, S. E„ Off. Tax No. 4250202, as set forth in Section 36.1- 433(b), to allow, one pylon sign at each of the two street entrances in lieu of the one sign permitted and wall sign, for each tenant in the proposed shopping center, with total signage for the property to be 1,130 sq. ft. 4. Request of CBL Management, Inc. for variance from Sec.36.1 -173, Zoning, to permit utility lines above ground no Property on the north side of Bennington Street, S. E., at its intersection With Mt. Pleasant Blvd. and Rutrough Road, S. E., off. Tax No. 4250202 in lieu of locating all lines underground. S. Request of First Security Bank, owner of property at 5002 Williamson Road, N. W., for variances from Sections 36.1 -402 and 36.1 -433, Zoning, to permit stair tower to extend to 4 feet from the property line on Airport Road, N. W., in lieu of the 12 1/2 feet required and to permit parking 3 feet from the property line on Curtis Avenue, N. W., in lieu of the required 8 feet. 6. Request of Marvin W. Babb, owner of 2629 Crystal Spring Avenue, S. W., for variance from building line regulations, as set forth in Section 36.1- 402(b)(3), Zoning to Permit carport With louvered sides 416" from the property line on 27th Street in lieu of the required 15 feet. 7. Request of George E. Smith, owner of 3824 Shadylawn Avenue, N. W., for variance from building line regulations, as at forth in Section 36.1 -130, Zoning, to permit carport 1 foot from the side property line in lieu of the required 4 feet. 8. Request of Ezra Jones, owner of 912 Center Avenue, N. W., for variance from Section 36.1- 594(a), Zoning to permit existing single - family residence in a light manufacturing district to be rehabilitated and converted to a two - family dwelling. 9. Request of Angela Doss for variance from Section 36.1 -126, Zoning, to allow day care for up to 49 children at Southeast Church of Christ, 1001 Stewart Avenue, S. E., in lieu of the permitted 15 children. 10. Request of Blue Stone Block, Inc., 1510 Wallace Avenue, NE for variance from building line regulations, as set forth in Section 36.1- 275(a), Zoning, to permit construction of addition to existing building 6 feet from the property line on Wallace Avenue in lieu of the required 30 feet. 11. Request of Doris Cline Eggs, owner of 860 Marshall Avenue, $. W., for variance from building line regulations, as set forth in Section 36.1- 190(d), to allow alterations to residence 317" at the closest point from the rear property line in lieu of the required 25 feet. 12. Request of W 6 w CO., owner of 440 Day Avenue, S. W., for variance from lot area requirements, as set forth in Section 36.1 - 186(1), Zoning, to allow two - family dwelling to be converted to four -unit dwelling. 13. Request of Westinghouse Electric Supply for variance from building line regulations, as set forth in Section 36.1- 254(b), Zoning, to allow addition to existing building to extend to 11 feet from the property line at the alley in lieu of maintaining the required 20 feet.at 201 19th Street, S. tl. At these hearings persons affected by the Board's decision may appear and present their views in person or by agent or attorney, as provided by the Zoning Ordinance. L. Elwood Norris, Chairman By: Ruth C. Armstrong, Secretary Publish in World -News Monday evening, October 19, 1907, and Monday evening, October 26, 1987. 0 0 CITY OF ROANOKE BOARD OF ZONING APPEALS APPLICATION FOR SPECIAL EXCEPTION Pursuant to the provisions of Section 16.1 -656r Code of the CitV of Roanoke (1979), as amended, this application is hereby filed with the Zoning Administrator and the Board of Zoning Appeals requesting that the Board grant a special exception to the provisions of the zoning regulations of the City of Roanoke, as described below. Subject property 23 24th Street NW Rgjagke V' -psi ,- Applicant Total Action Against E._verty ID the R,-o, k, 11,71ev (TAP) Applicant's address 702 Shenandoah Ale. NW R k VA ) 016 Owner of subject property John C. Wavnick Address of owner 23 24th Street, NW. Roanoke of e' Subject property designated as 'Official Tax No. 21,1102 Prxmiaea Classified as RM -4 subject to <_.d ;tyon r�y�a- �ag�ry� special excepC on perm¢ —t be obtained. I hereby request that the Board of Zoning Appeals grant a special exception to the zoning regulations of the City of Roanoke, in accord- ance with the provisions of Section 36- 146(2) , Code of the City of Roanoke (1979), as amended, in order to p -er—im -t the following use to be made of the subject property. Group care facility t Sd =i p seeking jobs and Permanent shelter. Details of proposed use, including any variances reques red SEE ATTACHED SHEETS: (A) variances reeuested (B) Presentation to the P1 ine,f Present lot area of 17,859 so. f d v,o Applicant reauesta a variance to inn -.. Filed with the Board of Zoning Appeals an this 13th _day of October, 1987 and scheduled for public hearing an November 3 1987 FOX, WdefeN 7 w*mr �ejl a_ ''\ Ar7oeucvc we App cant Application accepted as submitted in accordance with the provisions of Chapter 36 -63, Code of the City of aaanoke (1979), as amended. Fbr the oarB A of zoning 4ppeais 0 0 "A" VARIANCES REQUESTED 1. Number of Oceu ants: See. 36 -56 2(61(1)(iii). Present of arse o ), 9.6 square set wow auppork 53 occupants. TAP requests a variance to accommodate 100 occupants (including occupants and supervisory person- nel), which would be the facility's maximum expansion potential. APPEAL NO. 81 -87 -A APPLICANT: TAP PREh1ISES: 2323 - 24th Street, N. W AFFIDAVIT COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) TO -WIT The affian t, Ruth C. Armstrong, first being duly sworn, states chat she is secretary to the Board of Zoning Appeals, and as such is competent to make this affidavit of her ago personal knowledge. Affidavit states [hat, pursuant to the provisions of $15.1 -341, Code of Virginia (1950), as amended, on behalf of the Board of Zoning Appeals of the City of Roanoke, she has sent by first -class mail on the 20th day of October 19 B] notices of a p ublic hearing to be held on be 3rd of November 19 07 on the above - captioned matter to the owner or agent of the parcels listed below at their last known addres a. PARCEL 01lNER. ACENT OR OCCUPANT ADDRESS 231 -1101 Nary Naynick, Natalie Foster P. 0. Dos 0266 Roanoke, Va. 24014 231 -13 -10 thru 231 -13 -12 PI 6 W Railway Co. 8 N. Jefferson Street Roanoke, Va. 24016 231 -10 -15 State Highway 731 Harrison Avenue Salem, Virginia 24079 231 -10 -25 Commonweelth of Virginia N Ng address 231 -30 -14 IL Patrick Thomas 4053 Clairmont Avenue Roanoke, Va. 24010 -' }� (✓ Secretary SUBSCRIBED AND SHORN Co before me, a No Cary public, in the City Of Roanoke, Virginia, Chia .2 19 4 day af<. LcC< 3�e/ O[dry u tia Hy Conmiss tan Expires: ADCBROAOwAv) .STREET! N, w- O 5 /x4 �`V 2B] 4S' .0 3]O r'j V 2.5TORY /CR B(n(y INL 1.vn Co ee y4 � IR T /OEI✓ATGq /U2 S44V¢ES /nC. L� :: rc ti COM1IHI /35gRY o ' _ '� 3 FcuCes AS SNann a1 rLL .a � 4 1 -• 2 ::f 41.65' (�+9n/E GIFMLr, � Cur/NPn r I f T� SGS' 2B] 4S' SO,. Ker >e sc4t& 1.vn Co ee /n b/[n tj y S, 1 I f 31�G' ? 9 ' Hoaro.v "PR,�FER rY Carney ?LAT MADE ' FOR we-)'i %Avof U`" �RE, ^. p,/;. )% - Arro1?NEYS SHOWING SURVEY PROPERTY OF T /OE WATER 9,4 IL SF_ RV /CE,5 /NC, BEING ALLOFROANOKEC /TYAPGRAISAL LOTNa.c?31.1 1-OZ ROANOKE S/PUATf Ow'24W (BROAOwAY) STRE'Er, N.Yy, 1� By: C. B. Malcolm & Sol, VIRGINIA. VIRGINIA [TAS[ C[RT. MGRL - GATE: A"/ARCN 20. /S62 1. HEREBY, CERTIFY TIIAT THIS SCALE: / =30' PLAT OF SURVEY 19 ctf. -.. I. STATE CORPORATION COMMISSION Richmond, July 11, 2012 This is to certijy that the certificate of organization of EVERGREEN ASSISTED LIVING COMMUNITY LLC was this day issued and admitted to record in this office and that the said limited haftfity company is authorized to transact its business subject to all Virginia laws appl�ca6le to the company audits 6usiness. (Effective date: July 11, 2012 C18ECOM State Corporation Commission Attest: tca "If CAMI&bn 0 0 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION AT RICHMOND, JULY 11, 2012 The State Corporation Commission has found the accompanying articles submitted on behalf of EVERGREEN ASSISTED LIVING COMMUNITY LLC to comply with the requirements of law, and confirms payment of all required fees. Therefore, it is ORDERED that this CERTIFICATE OF ORGANIZATION be issued and admitted to record with the articles of organization in the Office of the Clerk of the Commission, effective July 11, 2012. STATE CORPORATION COMMISSION By Mark C. Christie Commissioner DLLCACPT CISECOM 12 -07 -11 -5517 SCC eFlle • ARTICLES OF ORGANIZATION • OF EVERGREEN ASSISTED LIVING COMMUNITY LLC The undersigned, pursuant to Chapter 12 of Title 13.1 of the Code of Virginia, states as follows: 1. The name of the limited liability company is EVERGREEN ASSISTED LIVING COMMUNITY LLC. 2. The purpose for which the limited liability company is formed is to engage in any lawful business, purpose or activity for which a limited liability company may be formed under the Virginia Limited Liability Company Act. 3. The name of the limited liability company's initial registered agent is PATIENCE OGWA ODUPELU. The initial registered agent is an individual who Is a resident of Virginia and a member or manager of the limited liability company. 4. The address of the limited liability company's initial registered office, which is identical to the business office of the initial registered agent, is 2720 COVE ROAD, ROANOKE , VA 24017. The initial registered office is located in Roanoke City, Virginia. 5. The address of the limited liability company's principal office where the records of the limited liability company are to be kept Is 2720 ROANOKE, ROANOKE. VA 24017. ORGANIZER: /s/ patodupelu Date: July 11, 2012 patodupelu • COMMONWEALTH OF VIRGINI10 STATE CORPORATION COMMISSION LLC- 1018.1 STATEMENT OF CHANGE OF THE PRINCIPAL OFFICE ADDRESS (04110) OF A LIMITED LIABILITY COMPANY 1. Limited Liability Company's Name: SCC ID #: S414627.2 EVERGREEN ASSISTED LIVING COMMUNITY LLC 2. Current principal office address on record: 2720 ROANOKE ROANOKE, VA 24017 3. The limited liability company's principal office address, including the street and number, is changed to: .768 CAMP NORTH ROAD SALEM, VA 24153 Executed in the name of the limited liability company by: Signed on July 3, 2013, on behalf of EVERGREEN ASSISTED LIVING COMMUNITY LLC By: PATIENCE ODUPELU, PRINCIPAL AGENT /s/ PATIENCE ODUPELU The person signing this document on behalf of the limited liability company has been delegated the right and power to manage the company's business and affairs. The statement must be executed in the name of the limited liability company by any manager or other person who has been delegated the right and power to manage the business and affairs of the limited liability company, or if no manager or such other person has been selected, by any member of the limited liability company. i 4en .pnNlnp.nitlp.peImwRaq. Q Need wan M&MPJQn . AVang tleneownmw Nm M euXP bp /:t ls- p /ss /ss r.wusel.r M WI.Ve Yl. UnN of q. tlsK. OTq aptlq. Nome : SM Map 140out fCt : ConpR 6CC I PtW ery Fd�q scrssne. Emeseoa> eme veoe Pewua oyahw.wm I HPBIe I I m OLn 3¢eFlle SC t BU.Iness Entlty Details dW2 EVERGREEN ASSISTED LIVING COMMUNFfY LLC S¢[flle Syron ID: e1000 - Select en setlen Pdlto FeverNM Nsw9wM O -- wn rGNeral SCC IO: 54116272 umh.t. v.nraln rp Entlry Type: Omlm.do:VACDmDany r ^®nu ]utlF VA e'wµ4°Kr AfFA HoA/R Oafe of FOrmatlon /Replsnatlon: 7/11 /1D11 kI um gl Status: Pttive ew..e enm N. ucc e. rn wm PNndpal OMa - - - - -- ! -... Wuf19eM [ e. .narx.�servae: 1437 PETERS CREEK RD ROMOKE VQ4017 _ Rpistaretl ASent /Reeieteree O/Rd - .._..._ PATIENCE ODUPELO j 1437 PETERS CREEK RD ROANOKE VA 24017 ROANOKEORY 217 Stall: A ve E Ve Daft: 6 /17/2015 Syron ID: e1000 - Select en setlen Pdlto FeverNM Nsw9wM O (� !! }\ }} \} � }k )} !4 k2 § § ` { } \ } j rl !\ }� k{ |{ ) } \�} ! to w u � w f k Me \/ ~ -�' { q < f{ Ito 2 \ :: R S w«� I- k\ \ a ) � . o � (� !! }\ }} \} � }k )} !4 k2 § § ` { } \ } j rl !\ }� k{ |{ ) } \�} ! k Me ) ) b:o. ...`.._....�., __..... ZU9'J l ny or moanOKe Ro°°we.VA24o97 -1451 Business License Certificate (549195329e1 FAx (540)BS31a,9 ROANOKE DateY;zued: 01l21/2015 Date Expires: 12/3112015 Trade Location: 1437 PETERS CREEK RO N Type of License: 4050 BUSINESS PERSONAL SERVICE EVERGREEN ASSISTED LIVING COMM. EVERGREEN ASSISTED LIVING COMM. 768 CAMP NORTH RD SALEM VA 24153 is • f w �• • 1 7 1? • r F� BOlIRDOFLAAY(.TERII�CARE rhsa� 0936MM AD1MOGS7RATORS Assbkd Li iig FusTdr A PATIENCE 0.ODUPELU Uses 7scd sodas 1ir6a 23811=6 14=2911 Car•cmtAam 1716999" T *M&Ca4ldmtAboW a Li,,, Gt 1409.6ti- M � !/ {} o \} � 0 .. / LL w o /�/ / u{ �tu ; # \ \{ }� \ � !/ {} o \} � 0 G] • i REALTOR° VIRGINIA ASSOCIATION OF REALTORS® Commercial Purchase Agreement Each commercial transaction is different. This form may not address your specific purpose. This is a legally binding document. If not understood, seek competent advice before signing. This Commercial Purchase Agreement (the "Agreement ") Is dated Auou t 14 2015 , between _ —_- Total Action Art 'nst- poverty . 11 Roanoke Valle ( "Seller") and Ever reran Aasis ted Living LLC ( "Purchaser "). The parties acknowledge that' Waldvo M1 Cominermal Prooertiea, l:nc ( "Listing Broker") represents Seller and That __ Waidvogel Commercial pro certiea Inc. ( "Selling Broker') represents [select one]: $I Seller ❑Purchaser. The parties further acknowledge that disclosure of the brokerage relationships was made to them by the real estate licensees involved in this transaction when specific assistance was first rendered and confirmed in writing. 1. Sale of Property. Purchaser agrees to buy and Seller agrees to sell the land, all improvements thereon, and all rights and appurtenances thereto belonging, located in the City/Ge8firly of Roanoke with a tax parcel no. of _ Virginia, and -- and a street address of 23 24th street NW _ . Seller discloses that [select one]: ® there are no tenants or other parties in possession of the Property OR ❑ there are tenants or persons who are in possession of the Property as set forth on SCHEDULE A attached hereto. 2. Pur h� a Price. The purchase price for the Property is Three_ aundred Fifty Thousand Dollars ($ 350.000 00 ) (the "Purchase Price") and shall be paid to Seller at Settlement, subject to the prorations and adjustments described herein, as follows: A. Deposit. Purchaser shall make a deposit of $ 5, 000.00 to 6e held by Waidvogel comeer ' a1P ooe t' a (the'Escrow Agent ") in the form of: x(] check _j cash other (the "Deposit "). Purchaser [select one]: ® has paid the Deposit to the Escrow Agent OR E] will pay the Deposit to the Escrow Agent within days (the "Extended DeposiYDatea after the date this Contract is fully executed by the parties. If Purchaser fails to pay the Deposit as set forth herein, then Purchaser shall be in breach of this Contract. At Seller's option and in lieu of all other remedies set forth in this Contract, Seller may terminate this Contract by written notice to Purchaser and neither party shall have any further obligation hereunder If the Escrow Agent is a Virginia Real Estate Board ( "VRES ") licensee, the parties direct the Escrow Agent to place the Deposit in an escrow account by the end of the fifth business banking day following the latter of: (i) the date this Contract is fully executed by the parties, or (ii) the Extended Deposit Date. If the Escrow Agent is not a VREB licensee, the parties direct the Escrow Agent to place the Deposit in an escrow account in conformance with applicable Federal or Virginia law and regulations. The Deposit may be held in an interest bearing account and the parties waive any claim to interest resulting from such Deposit. The Deposit shall not be released by the Escrow Agent until (i) credited toward the purchase price at settlement; (ii) Seller and Purchaser agree in writing as to its disposition; (iii) a court of competent jurisdiction orders a disbursement of the funds; or (iv) disbursed in such manner as authorized by the terms of this Contract or by Virginia law or regulations. Seller and Purchaser agree that Escrow Agent shall have no liability to any parry for disbursing the Deposit in accordance with this paragraph, except in the event of Escrow Agent's negligence or willful misconduct. B. Balance. The balance of the Purchase Price shall be paid by Purchaser at Settlement in certified funds or bank wire (inclusive of any loan obtained by Purchaser to purchase the Property). 3. elmn. A. Settlement of Property. Settlement of the purchase and sale of the Property shall be made at Office of Purchasers Settlement Agrant or Pttomray on October 3e 2015 ( "Settlement). Possession of the Property shall be delivered to Purchaser at Settlement. VAR Form 700 Revised 04,15 Page 1 of 10 Reviewed 04115 WALOVOOFI, COMMERCIAL PROPERTIES. 400 Proreesiuwl Arts Bldg Roeookq VA 2411 Phonl:(540)342 -0981 Fex:(540)342 -6090 Krieu Venvoy 3324th SVicet NW PIWVa1 -1ii FO,Mb Lrl,. IMM FIAemY P , ,., Mklpen rBPLB rnry, B. Deliveries by Sept Settlement, At Settlement, Seller shall deliver to Purchaser the following: 00 A general warranty dead with full English covenants of title (the "Deed ") conveying to the Purchaser good and marketable lee simple title to the Property, free and clear of all liens, encumbrances, conditions and restrictions, except any lien for real estate taxes not yet due and payable, and any Title Objections for which Purchaser has no objection and /or has waived such objection pursuant to Paragraph 5; (ii) An affidavit for the benefit of Purchaser and its title insurer, satisfactory to Purchaser's title company (the "Affidavit ") stating that (i) no right to a mechanic's or materialman's lien has accrued with respect to the Property as a result of any act or omission by the Seller and (ii) there are no outstanding leases or agreements with regard to, or other parties in or entitled to possession of, the Property except as disclosed in SCHEDULE A attached hereto; (III) A Certificate of Non - Foreign Status as required by Section 1445 of the Internal Revenue Code of 1986 and any other certificates required by any governmental authority or agency; (iv) It the Property is leased, a tenant estoppel certificate and an assignment of lease (including the transfer of the security deposit at Settlement) for each and every tenant of the Property, in forms acceptable to Purchaser; and (v) Such other Seller certifications as Purchaser's lender or title company may reasonably require. G. Costs and Proration. Seller shall pay the costs of preparing the Deed, the Grantor's tax thereon and any other expenses incurred by Selier. Purchaser shall pay for the title search, title insurance premiums, survey expenses, lender tees, Grantee's tax and all other settlement expenses incurred by Purchaser. Real estate taxes, rent, CAM and assessments, as applicable, shall be prorated between Seller and Purchaser as of the date of the Settlement. Each party shall pay its own legal, accounting and other expenses Incurred in connection with this Agreement or Settlement. D. Condition of Prooert v. Purchaser agrees to accept the Property at Settlement in its physical condition at the time this Agreement is fully executed by all parties, except as otherwise provided herein. Seller agrees to maintain the Property in good condition and repair until Settlement. At Settlement, Seller agrees to transfer to Purchaser all existing warranties, if any, on the Property's roof, structural components, HVAC, mechanical, electrical, security and plumbing systems. Feasibility Period. A. For a period of sixty -Five ( 65 ) days following execution of this Agreement by all parties (the "Feasibility Period"), Purchaser, its agents and contractors, shall have the right to: (1) enter the Property for the purpose of inspecting the Property and performing tests as are desirable to Purchaser in its sole and absolute discretion; (ii) seek zoning information from the local governing authority concerning Purchaser's intended use of the Property; and /or (iii) apply for lender financing to acquire the Property. B. Within five (5) days after Seller's receipt of a fully executed copy of this Agreement, if not previously delivered, Seller shall deliver to Purchaser copies of the following materials related to the Property if in Seller's possession: (i) any Phase I or other environmental studies; (ii) a current survey; (iii) the most current owner's title insurance policy; and (iv) all leases and rent rolls for each tenant identified in SCHEDULE A (including without limitation, the base monthly rental and all taxes, insurance, and other pass- throughs paid by the tenant), and all contracts affecting the Property that are not terminable at will. Items (i) through (iv) are collectively referred to as the "Materials ". VAR Form 700 Revised 04/15 Page 2 of 10 Reviewed 04/15 R...,.10e 1mt[y:glyg „'W16 FXrel Mik 9wC.Fxet,.Ni[Igan 4.6 — 23240 Str,a NW 0 C. If Purchaser is not satisfied in its sole and absolute discretion with all aspects of the Property (including zoning) or the Materials, or has not obtained financing upon terms and conditions satisfactory to Purchaser. then Purchaser shall have the right, upon written notice to Seller prior to the expiration of the Feasibility Period, to terminate this Agreement, in which event the Deposit shall be refunded In full to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the indemnity provisions of Paragraphs 40., 10 and 11. Purchaser acknowledges that the Feasibility Period will not be extended for any reason, regardless of whether Purchaser has completed its inspections or zoning inquiry, or has obtained financing. D. If Purchaser fails to acquire the Property, Purchaser agrees: (i) to repair any damage arising as a result of its exercise of the right of access granted in this Paragraph 4; (ii) to indemnify and hold Seller harmless from any and all liability of any kind or nature whatsoever as a result of the exercise of such right of access, other than as a result of Sellers negligence or misconduct or the negligence or misconduct of Seller's agents, employees or contractors; and (iii) upon demand to return the Materials to Seller. 5. Title and Survey Obiections. Purchaser may, at its sole expense, obtain a title insurance commitment and a survey for the Property. Prior to the expiration of the Feasibility Period, Purchaser shall notify the Seller in writing as to any title or survey objections regarding the Property that the Purchaser is unwilling to accept (collectively the "Title Objections "). Seller shall advise Purchaser in writing within ten (10) days after receipt of such notice, which if any of the Tills Objections will not be cured by Seller at or prior to Settlement. If Seller falls to respond to Purchaser within such ten (10) day period or if Seller's response indicates that it does not intend to cure one or more of the Title Objections, then Purchaser may, at its option either (i) terminate this Agreement by giving written notice to Seller; (ii) cure such Title Objections at its own expense and proceed to Settlement with no reduction in the Purchase Price; or (iii) waive such Title Objections and proceed to Settlement, with no reduction in the Purchase Price. It Purchaser elects to terminate this Agreement, the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the indemnity provisions of Paragraphs 4D., 10 and 11. 6. Cocd'Cons Precedent to Obligation of Purchaser This Agreement and all of Purchasers obligations hereunder are further subject to Purchaser determining in its sole and absolute discretion that all of the conditions set forth in this Paragraph 6 have been satisfied or waived in writing by Purchaser. In the event that any of the following conditions are not satisfied or waived by Purchaser, Purchaser may give written notice to Seller terminating this Agreement on or before Settlement, in which event the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the indemnity provisions of Paragraphs 4D., 10 and 11. A. gaiter's Reoresentationg and Warranties. All the representations and warranties of Seller made herein shall have been true when made and shall be true and correct as or Settlement, with no material changes therein. B. Sellers Deliveries. As of Settlement, Seller shall have taken all action and delivered all documents and materials required by this Agreement. C. No Litigation. As of Settlement, there shall be no litigation, proceeding or investigation pending, or to the knowledge of Purchaser or Seller threatened, which might prevent or adversely affect the intended use of the Property or which questions the validity of any action taken or to be taken by Seller or Purchaser hereunder, or which threatens the continued operation of the Property for commercial purposes. VAR Form 700 Revised 04115 Page 3 of 10 Reviewed 04/15 r,nux.,Navic.:,:ma_:nca•:x c.otren wre 5cac. r.ssn, wf'angn reox ex _ 2324th 51mtNW 0 0 7. Regresentations and Warranties of the Seller. Seller, jointly and severally (it more than one Seller), represents and warrants unto Purchaser as of the date hereof and an the Settlement date that: A. Authority and Marketable Ila. Seller is the owner of the Property, possesses the requisite authority to enter into and perform this Agreement, and has the absolute right to sell, assign, and transfer the Property to Purchaser at Settlement. B. No Pending Litioation or Bankruptcy. There are no actions, suits or proceedings at law or in equity pending, threatened against, or affecting the Property before or by any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality. No bankruptcy or similar action, whether voluntary or involuntary, is pending or is threatened against Seller, and Seller has no intention of filing or commencing any such action within ninety (90) days following Settlement. C. No Outstanding Purchase Oofoa. No option, night of first refusal or other contractual opportunity to purchase the Property has been granted to, . or executed with, a third -party that is enforceable against Seller and/or the Property giving such third -party a right to purchase an interest in the Property or any party thereof. D. No Notice of Repairs. Seller has received no written notice from any governmental agency that repairs, alterations or corrections that must be made to the Property. E. Utilities. The Properly is connected to (select one]: ® a municipal water and sewer system and has utility meters installed within the Property OR ❑ a well and septic system located an the Property. Seller makes no representation on whether the capacities of such utilities are sufficient for Purchaser's intended use of the Property. F. Hazardous Materials. To the best of Seller's actual knowledge, no toxic or hazardous materials (as said terms are defined in any applicable federal or state laws) have been used, discharged or stored on or about the Property in violation of said laws, and to the best of Seller's knowledge, no such toxic or hazardous materials are now or will be at Settlement located on or below the surface of the Property. There are no petroleum storage tanks located on or beneath the surface of the Property. G. Parties in Possession. As of the Settlement date, there will be no adverse or other parties in possession of the Property or any part thereof, nor has any party been granted any license, lease or other right or interest relating to the use or possession of the Property or any part thereof, except for the Leases attached hereto and made a part hereof as SCHEDULE A. H. Other Contracts. Seller is not a party to any contracts relating to the Property that is not terminable at will, except as disclosed on SCHEDULE B. which is attached hereto and made a part hereof. Between the date of this Agreement and the Settlement date, Seller will not, without the prior written consent of Purchaser, which consent shall not be unreasonably withheld, enter into any contract relating to the Property that is not terminable at will. I. No Undisclosed Restnciors. Seller has not, nor to the best of Sellers knowledge or belief has any predecessor in title, executed or caused to be executed any document with or for the benefit of any governmental authority restricting the development, use or occupancy of the Property that has not specifically been disclosed to Purchaser or wouldn't be revealed by a title report. VAR Form 700 Revised 04115 Page 4 of 10 Reviewed 04/15 R. aMeioFyrt ®aYn>,.:9'r ,,,. e,,, M, fl., I.., V.,... ­ iv 24th S4tt N% 0 0 8. Risk of Loss. The risk of loss or damage to the Property by fire or other casualty prior to Settlement shall be on the Seiler. If such loss or damage materially and adversely affects the use of the Property as of Settlement, Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which event the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the Indemnify provisions of Paragraphs 4D„ 10 and 11. 9. Condemnalion. If, prior 10 Settlement, any taking pursuant to the power of eminent domain is proposed or occurs,as to all or any portion of the Property intended to be acquired at Settlement by the Purchaser, or sale occurs in lieu thereof,. the Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which event the Deposit shall be :refunded in lull to Purchaser and the parties shall have no further obligation or liability to one another, except for any liability pursuant to the indemnity provisions of Paragraphs 4D, 10 and 11. 10. Access /Cooperation. During the .term of this Agreement, Purchaser and his duly authorized agents shall be entitled to reasonable access to the Properly for the purpose of surveying, appraising and making other findings related to the Property. Purchaser agrees to indemnify and hold the Seller harmless from any and all liability of any kind or nature whatsoever as a result of the exercise of such right of access, other than as a result of the Seller's gross negligence or willful misconduct. 11. Agents and Brokers . Each party represents and warrants that it did not consult or deal with any broker or agent with regard to this Agreement or the transaction contemplated hereby, except for the Listing Broker and the Selling Broker, and each party hereto agrees to Indemnify and hold harmless the other party from all liability, expense, loss, cast or damage, Including reasonable attorneys' fees, that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts constituting a breach of the foregoing representation and warranty. Listing Broker shall be paid a brokerage fee by Seller of ® — 6.000 ___ %of the Purchase Price. Selling Broker shall be paid by Seller a fee of n a _ % of the Purchase Prce. The fees to the Listing Broker and Selling Broker shall be paid in cash at Settlement 12. Notices. Any notice, request or demand required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed sufficiently given if, delivered by hand or messenger at the address of the intended recipient, sent prepaid by Federal Express (or a comparable guaranteed overnight delivery service), or deposited in the United States first class mail (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient, at the intended recipient's address set forth below, or at such other address as the intended recipient may have specified by written notice to the sender given in accordance with the requirements of this Paragraph. Any such notice, request or demand so given shall be deemed given or. the day it is received by the recipient. For the Seller: P.O. Box 2868 Roanoke VA 24001 For Purchaser: 1437 Peteza Creek Road Roanoke VA 24017 13. Default. A. Default by Purchase:. If Purchaser defaults under this Agreement, the damages suffered by Seller would be difficult to ascertain. Therefore, Seller and Purchaser agree that, in the event of a default by Purchaser, Seller's sole and exclusive remedy, in lieu of all other remedies, shall be to terminate this Agreement and retain the Deposit as full and complete liquidated damages. If the deposit is retained as liquidated damages, Seller agrees to VAR Form 700 Revised 04/15 Page 5 of 10 Reviewed 04/15 F,[JZe]witl„OFG'rcR I,."" 99'0 r,ecen MA", F — .h .49M mss_^ 23 1Yth Sircc, NW • 0 pay one -half of the Deposit to the Listing Broker to compensate Broker for his brokerage services in the transaction. Such payment shall have no effect on the payment due in any subsequent transaction. Seller hereby specifically waives the right to seek specific performance of this Agreement by Purchaser or any other remedy at law or in equity, provided that Seller reserves the right to all remedies available at law and in equity solely in order to enforce the Indemnification obligations of Purchaser under Paragraphs 4D., 10 and 11 herein. B. Default by Seller. If Seller defaults under this Agreement, Purchaser shall have the option to (i) seek specific performance of this Agreement, or (ii) terminate this Agreement, in which event the Deposit shall be promptly refunded to Purchaser. Seller shall be liable for Purchaser's expenses in the filing of any specific performance action, including reasonable attorney's fees and court costs. C. Right to Cure Default. Prior to any termination of this Agreement as provided in Subparagraphs 13A. and 13B., the non - defaulting party shall provide written notice of any defaults) to the defaulting party (the "Default Notice') permitting the defaulting party ten (10) days to cure any such default(s). If defaulting party does not cure the default(s) or does not respond to the Default Notice, then the non - defaulting party may terminate the Agreement by written notice to the defaulting party. Nothing herein shall prevent either party from seeking a judicial determination regarding any default: provided however, the court shall award the expenses of attorney's fees and court costs to the prevailing party in any such action. D. Brokerace Fees. Notwithstanding the remedies set forth in Subparagraphs 13A., 138, and 13C, if either Seller or Purchaser defaults under this Agreement, the defaulting party shall be liable for the full amount of the brokerage fees set forth in Paragraph 11 and any brokerage fees set forth in Seller's listing agreement with the Listing Broker for the Property (which document is hereby incorporated herein by this reference) as if this Agreement and Sellers listing agreement had been performed, and for any damages and all expenses incurred by the Listing Broker and the Selling Broker in connection with this transaction and the enforcement Of this Agreement and Sellers listing agreement, including, without limitation, attorney's fees and court costs. Payment of a real estate brokers fee as the result of a transaction relating to the Property which occurs subsequent to a default under this Agreement shall not relieve the defaulting party of liability for any brokerage fees due under this Agreement or Seller's listing agreement. 14. Miscellaneous. A. Final Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties hereto. B. Virginia Law Apol cable. This Agreement shall be construed, performed and enforced in accordance with the laws of the Commonwealth of Virginia and shall not be amended or modified and no waiver of any provision hereof shall be effective unless set forth in a wr,den instrument executed with the same formality as this Agreement. C. Assignment. This Agreement shall not be assigned by one parry without the written consent of the other party, except the assignment of this Agreement to an entity owned by Purchaser or the principals of Purchaser shall not require the consent of Seller, but Purchaser shall provide written notice to Seller of such assignment. This Agreement shall inure to the benefit of the parties hereto and their respective and permitted successors and assigns. D. Counterpart s. This Agreement may be signed in one or more counterparts, each of which is deemed to be an original and all of which shall together constitute the same instrument. The parties agree that a fax of any signed original document shall have the same effect as an original. VAR Form 700 Revised 04115 Page 6 of 10 Reviewed 04115 g Grotixa] wM' �xFHrr.I z.1, mn c,'.a Nk ,. %BiH. wN.I s r+w 23 24th Saw N18 ' E. Tax-Deferred Exchange. Either party may elect to include the conveyance of the Property in an IRS Section 1031 Like Kind Exchange (a tax - deferred exchange). In the event that a parry makes such an election, the non - exchanging parry agrees to execute such documents necessary to effectuate such an exchange (at no cost to the exchanging party), but in no event shall such exchange affect the terms of the transaction or a party's responsibilities to the other party under this Agreement. The exchanging party shall bear the sole costs of its exchange. 15. Additional Provisions: contract is Continaent vingn Purchaser bta' 'na a e a_ zoning "Provals from the C't pf Roanoke. Seller agraea t pone 'f a ekr Approval necessitates the ex_tensi_o_n of Due Diligence and/ 5 the t ov'd d Purchaser applies for such zoning Ltp2rovatls no approval later than the A gu t 31 2D15 application deadline and diligently adheres to the schedule and requirement established by the City of Roanoke. 16. Acceolance. To be effective this Agreement must be executed by Purchaser and Seller and an original copy of this Agreement returned to Purchaser no later than 5:00 p.m. on or this Purchase Agreement shall be deemed withdrawn. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK VAR Form 700 Revised 04/15 Page 7 of 10 Reviewed 04/15 °,oT:CM wiR:yFCmJJOy nCLOG� 1900 Filfean 4YtPwLL FninMNgN b02b '.-x. $j $Qlh $rRt(!'IW • • Each of the parties has executed this Agreement in its name pursuant to due authority as of the dates set forth below. n.. Purchaser 'seller Printed Name: EVercreen Assis ad Lin LL Printed Name:Tmtal Action inst Povert Title (if appl cable : G1u 'e/ 1 1 .� SLR t. Title (if applicable): �[yt'S 'i f!( /1 /- Date: S� I �t 1-is _ Date:(r� , Printed Name: Printed Name: In Roanoke valley Title (it applicable): Title (if applicable): Selling Company's Name and Address Listing Company's Name and Address Waldvogel Commercial Properties, Inc. Waldvogel Commercial Pro,,erties, Inc Agent's Name M. Waldvooel /K. VarmOY-_ _ Agent's Name M. Waldvogel /K. Vannoy Agent's tel. no. Agent's tel. no. Fax no. Fax no. — Agent's email Agent's email COPVRIGHT02015 by the VIRGINIA ASSOCIATION OF REALTORS& All rights reserved. This form may be used only by members in good standing with the VIRGINIA ASSOCIATION OF REALTORS& The reproduction of this form, In whole or in part, or the use of the name "VIRGINIA ASSOCIATION OF REALTORS®'l in connection with any other form, is prohibited without prior written consent from the VIRGINIA ASSOCIATION OF REALTORS®. The original form was licensed to the Virginia Association of Realtors® ( "VAR ") by Central Virginia Regional MLS, LLC ( °CVR MLS ") for use by members of VAR and may not be otherwise used or duplicated without the written consent of CVR MLS. Seek legal advice If you do not understand any provision of this form. Seek legal advice if you do not understand any provision of this form. VAR Farm 700 Revised 04115 Page 8 of 10 Reviewed 04/15 Pim¢eE NO ZOGI 1: a L:- x 19070 FAtnr Mk Pore Fn , LWASw x808. _ _ 23 24rh svttl \ W 0 0 SCHEDULE LEASES, AGREEMENTS AND CONTRACTS FOR TENANTS AND OTHER PARTIES IN POSSESSION OF THE PROPERTY List below each such tenant or other party In possession of the Property, and provide Purchaser with a copy of each lease, license or other agreement. If verbal agreement, summarize terms below. Also provide Purchaser with any contract affecting the Property that is not terminable at will. None VAR Form 700 Revised 04115 Schedule A Reviewed 04/15 PImuRU mM.tprnnMW[}Ypf�IPCfi FI1ren MM Fnea, F],M,MMpPn IOprP v __ 2324th Strcc,NW SCHEDULE S CONTRACTS RELATING TO THE PROPERTY (Not terminable at will) None VAR Form 700 Revised 04/15 Schedule B Reviewed 04/15 PivNRfI MtlI DVCm�XV:CIaPV IP:]p F�XNnMp NmC,FwXMIGgv�NOM �SSYiX= U241 SVW NW GIN IA ASSOCIATION OF REARS® ® ENDUM TO CONTRACT OF P HASE Q n•.ur'oS" ADDENDUM# 1 of i : WALDVOGEL COMMERCIAL PROPERTIES This ADDENDUM, TO COSfRACT OF PURCHASE, which is attached to and made a pan of contract of purchase (the "Contra,,[ dated Au t 14 2015 between Total Action Against Poverty In Roanoke Valle, (the "Seller'1 and Evergreen Assisted Living LLC (the "Purchaser') for the sale of that certain real property and all improvements thereon located in the Cvmty 0, itv of Roanoke Virginia, and described in the Contract as 23 241th Street NW provides as follows: Seller and Purchaser agree that tae Feasibility Period shall be extended to December 10 2015 and that Settlement shall be attended to December 22 2015. WITNESS the following, vly a thorimd signatures and seals: 4s I (SEAL) Date / Seller Total Action Against Poverty / ��. ee1L1,, II '' Per � � (SEAL) Date Purc aser Evergreen tuaiated Living LLC / (SEAL) / (SEAL) Date Seller Date Purchaser In Roanoke Valley COPYRIGHT, :099 by the Virpnia Association of REALTORS.. All rights reserved. This Form may be eyed oah by member in good standing of the Virginia Association of REALTORS ^s. The reproduction of this fpm. in whole or in pact, or the use of the name Virginia Association of REALTORS® in connection with any ocher form. is prohibited without the prior written consent of the Virginia Association of REALTORS3. VAR FORM 600C REV. 07/02 n'ALDVOGEI. COV%I -RCIAL PROPERTIES, 400 Pmfemonal Ana Blde Roanok<, VA 14011 Phone(W,%'_ -0881 Fxc (540)342-8(190 Kris. VannoY 23241E Snee: vN ircGUW wT ayomalV ZlaLyix'fiC'a ?keen iAk Fwd Faun, N'4`garb'e16 wv AFFIDAVIT APPLICANT: Evergreen Assisted Living, LLC LOCATION: 23 241b Street Tax No. 2311102 REQUEST: Amendment of Proffered Conditions COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) C The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City PIlA" 04- b , 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 P.Ql�f p!±! { 4� of the City �of�Roanoke, she has sent by first-class mail this 2lo�day of 6�Pli/,L�&-,'6e L/ , 2015, notices of a public hearing to be held on this day of N 041d771.e14�1/ , 2015, on the request captioned above to the owner or agent of the parcels as set out on the attached. Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26 dayof 19efe&✓ .2015. Emy WRYL w. CXILDR6S ROTAaYPOB 11 BEGbTPA1 8 07�BIMS51011 E+"s Notary ublic !Y� 2311014 2311015 2311025 Lourice L. Thomas II State Highway Kinsey, Kinsey & Brown, LLC 4053 Clairmont St SW 106 24th St NW 2401 Johnson Ave NW Roanoke, VA 24018 Roanoke, VA 24017 Roanoke, VA 24017 2311101 2311010 2311311,2311312 Reid C. Henion Norfolk and Western Railway Co Norfolk and Western Railway Co 2240 Shenandoah Ave NW ATTN: ATTN: Roanoke, VA 24017 1200 Peachtree St NE 7 -142 110 Franklin Rd SE Atlanta, CA 30309 Roanoke, VA 24042 9999999 Norfolk Southern Railroad ATM Bill Peachtree St NE 7 -142 Atlanta, CA 30309 The Roanoke Times AClealll NVmber 5011439 f>ata November 03, 2015 Roanoke, Virginia Affidavit of Publication RECEIVED CITY Of ROANOKE - PDV NOV 052015 Min Tine M. Can Tomi Cwt 215 CHURCH AVE CITY OF ROANOKE ROOM 166 PLANNING BUILDING B DEVELOPMENT ROANOKE, VA 24011 AClealll NVmber 5011439 f>ata November 03, 2015 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 teat the annexed notice PUBLIC HEARING NOTICE Al was published In said newspapers on the following dates: - 1M7,11/0=015 The First Insertion being given ... 10127/2015 Newspeperreference: 0000233107 Wbv- Wing Re res"tati e _..... _ Swum to and aeMedbeO before ms mis Tuaeday, November 3, 2076 Notary Pt Wic 2 G 'baM� " "rp�r2v State of Virginia = gfcamAtaN NO r9 M49829 My Co of Roanoke = wrvG q?Ors My : Commission expires IIl � �� � ��. o�dl h�:- THIS IS NOT A HILL. PLEASE PAY FROM INVOICE. THANK YOU Dale Category Dascd*n Ad Size Tomi Cwt 11103/2015 Munldpal Notion PUBLIC HEARING NOTICE AO pubic n udWs aew rhsW hen 1 x 148 L 1.419 .75 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 teat the annexed notice PUBLIC HEARING NOTICE Al was published In said newspapers on the following dates: - 1M7,11/0=015 The First Insertion being given ... 10127/2015 Newspeperreference: 0000233107 Wbv- Wing Re res"tati e _..... _ Swum to and aeMedbeO before ms mis Tuaeday, November 3, 2076 Notary Pt Wic 2 G 'baM� " "rp�r2v State of Virginia = gfcamAtaN NO r9 M49829 My Co of Roanoke = wrvG q?Ors My : Commission expires IIl � �� � ��. o�dl h�:- THIS IS NOT A HILL. PLEASE PAY FROM INVOICE. THANK YOU WBLIC HUNG NOTICE Thu M. Cart, S .",, tky wmnMp U."MW City CaunNl Ml hoM puhtic hmhgs m 0e m d nuaea and .ka9on« u m ft 10 m maYEeh ud stwmM M. Moon Ae N&I MMC, CRY Clerk uniol) 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 November 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Amended Application No. 1 dated October 22, 2015, by Evergreen Assisted Living Community, LLC, to amend proffered conditions as part of a previous rezoning at 23 24'h Street, N.W., bearing Official Tax No. 2311102. The application is to repeal existing conditions, such conditions restricting the use of the property to group care facility providing transitional shelter and supportive services, restricting the operation and supervision to Total Action Against Poverty in the Roanoke Valley, and requiring a special exception permit for a group care facility, in connection with the passage of Ordinance No. 28817- 101987, adopted by City Council on October 19, 1987. The land use categories permitted in RMF District include residential; accommodations and group living, commercial; utility uses and stmetures; animal and agricultural uses; and accessory; with a maximum of one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the property for light manufacturing/commercial use, but does not specify density. Application by Retirement Unlimited, Inc., to rezone property at 0 Colonial Avenue, S.W., bearing Official Tax No. 1490201, from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit District, with conditions. The application is to develop the property for an assisted living facility. The conditions accepted by the adoption of Ordinance No. 26387 on March 14, 1983, proposed for repeal include subdivision of a 16.2 acre parcel from the parent parcel and restriction of the new adjacent parcel with particular actions regarding removal of the old clubhouse, clearing, and installation of particular landscaping (previously completed). Additional conditions proposed for repeal include restrictions on the ingress and egress to the property from Colonial Avenue, SW.; a limit on the number of residential dwelling units on the 30.29 acre parcel to 170; and the requirement of a 100 foot buffer along Colonial Avenue, S.W., with particular plantings. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional, and community facilities; transportation; utility; agricultural; and accessory; with a maximum of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for single /two family /multifamily use, but does not specify density. Amended Application No. 1 dated October 16, 2015, by the City of Roanoke to amend the Planned Unit Development Plan as it pertains to 3837 Williamson Road, N.W., bearing Official Tax No. 2090601, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269 - 120505, on December 5, 2005, and proffering a Development Plan, showing a particular site layout, and Building Elevations, both of which are dated September 28, 2015. The application is to permit a renovation and expansion of the existing public library with a changed site configuration. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory uses; with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional use, but does not specify density. The proposed use of the property remains a library. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters and applications on November 16, 2015, at 7:00 p.m., or as soon as the matters may be beard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, October 27, 2015, and Tuesday, November 3, 2015 Please bill and send affidavit of publication to: 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.cm@romokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Snile 456 Roanoke, Virginia 24011 -1536 relepuune: (541)1853-2541 Fax: (5411) 853 -1145 N'ILPIIANIE M. MOON REYNOLDS, MM( F- rnnil: cicrk(trom,okeva.µnv ('E('CLIA LW1.1nk CMC City Clerk Acting Depnty City Clerk November 17, 2015 Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P.O Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 40397 - 111615 rezoning certain property located at an unaddressed lot on Colonial Avenue. S. W., from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, with conditions, and repealing Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on the subject property, as set forth in the Zoning Amendment Amended Application No. 1 dated October 16. 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, A M Stephanie M. Moon Rey ds, M City Clerk Enclosure PC: Salvation Army, Inc., 724 Dale Avenue, S. E., Roanoke, Virginia 24013 Carl L. Palmer, 3598 Hartland Road, S. W., Roanoke, Virginia 24015 Billie O. Wall, 3955 Winding Way Road, S. W., Roanoke, Virginia 24015 Kevin D. Creehan, 3201 Ogden, Road, S. W., Roanoke, Virginia 24018 Region Properties, Inc., P.O. Box 100, Daleville, Virginia 24083 Maryellen F. Goodlatte, Esquire November 17, 2015 Page 2 pc: Derwin Harvey, 3201 Colonial Avenue, S. W., Roanoke, Virginia 24015 Samuel Straus, III, 3211 Colonial Avenue, S. W., Roanoke Virginia 24015 James Horn, 7087 Mountain Spring Court, S. W., Roanoke, Virginia 24018 Ralph Najar, 3205 Colonial Avenue, S. W., Roanoke, Virginia 24018 George Frisble, 3209 Colonial Avenue, S. W., Roanoke, Virginia 24015 ERS Builders, Inc., 84 John Arthur Road, Boones Mill, Virginia 24065 Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Kerrie Harris, GIS Analyst II IN THE COUNCIL OP THi? CITY OF ROANOKE., VIRGINIA The 16th day of November, 2015. No. 40397- 111615. AN ORDINANCE rezoning certain property located at an unaddressed lot on Colonial Avenue, S.W., from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, with conditions, and repealing Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, William H. Fralin, Jr., on behalf of Retirement Unlimited, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have property located at an unaddressed lot on Colonial Avenue, SW, bearing Official Tax Map No. 1490201, rezoned from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, with conditions, and to repeal Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on property located on the subject property, bearing Official Tax Map No. 1490201; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 19, 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 beard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that Ordinance No. 26387, adopted March 14, 1983, to the extent it placed certain conditions on the subject property, be repealed, and that the hereinafter described property should be rezoned as herein provided, as set forth in the Zoning Amendment Amended Application No. 1 dated October 16, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 26387, adopted March 14, 1983, to the extent that it placed certain conditions on property located on an unaddressed lot on Colonial Avenue, S.W., bearing Official Tax Map No. 1490201, is hereby REPEALED, and that Section 36.2- 100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 1490201 located at an unaddressed lot on Colonial Avenue, S.W., be, and is hereby rezoned from RM -2, Residential Mixed Density District, with proffers, to MXPUD, Mixed Use Planned Unit 2 Development Plan, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. I dated October 16, 2015. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST Rezone and repeal and replvce proffers - 0 Colonial. doe City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Application by Retirement Unlimited, Inc., to rezone property at 0 Colonial Avenue, S.W., bearing Official Tax No. 1490201, from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit District, with conditions. Recommendation The Planning Commission held a public hearing on Monday, November 9, 2015. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.l is consistent with the overall goals of the City's Comprehensive Plan, Franklin Road /Colonial Avenue Area Plan, and Zoning Ordinance as the subject property that has been vacant for decades will be put back into service in a manner that is appropriate to the neighborhood context. Application Information Request., Rezoning & Amendment of proffered conditions Owner: Bruce Hedrick Region Properties, Inc. Applicant: William H. Frain Jr., Retirement Unlimited Inc. Authorized Agent: Ma ellen Goodlatte Glenn Feldmann Darby & Goodlatte City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 0 Colonial Avenue S.W. Official Tax Nos.: 1490201 Site Area: Approximately 30.4969 acres Existing Zoning: RM -2 (c), Residential Mixed Density District with conditions Proposed Zoning: MXPUD Mixed Use Planned UnMEIderl Development strict Existin Land Use: Vacant Proposed Land Use: Group Care Facility, Con re atNeighborhood Plan: Franklin Road /Colonial AvenueSpecified Future Land Use: Single/Two family /Multifamily Filing Date: Original Application: SeptembAmended A lication No.l : Oc Background In 1983, Region Properties, Inc. rezoned an approximately 46.75 acre property at 0 Colonial Ave., SW, Official Tax No. 1490201, with conditions. The rezoning was related to a proposed town house development that has not occurred. The conditions of the rezoning related to the subdivision, restriction of use, demolition, clearing, and particular landscaping of a 16.20 acre portion of the tract. The remaining conditions restricted ingress and egress to the property from Ogden Road, restricted the number of dwelling units to 170 on the remaining 30.49 acre tract, and required a 100 foot buffer along Colonial Avenue, S.W., with particular plantings. The property was subdivided, but the 30.49 acre tract was never developed. In September 2015, the applicant filed a petition to rezone the parcel from RM -2, with conditions, to MXPUD. The applicant wishes to build an assisted living facility on the 30.49 parcel, but the applicant's proposed plan is not consistent with the dimensional regulations of the current RM -2 zoning district. The proposed assisted living facility is planned to be the first phase of a multi -phase residential development with the goal of providing high quality retirement living focused on personal care for seniors. The applicant's goal is to respect the density of the surrounding area with self - limiting conditions regarding the number of dwelling units on the development plan. The application states that future uses could include assisted living (i.e. group care facility, congregate, elderly), skilled nursing (i.e. groupcare facility, nursing home), and dwelling units (i.e. multifamily, single family attached or detached, two - family, and townhouses). The plan proposes a driveway built to city street standards and the possibility exists for subdivision per City standards. The plan also lists standards for project signage, lighting, a greenway, and a traffic impact study. Any future development not currently shown on the proposed Development Plan would require an amendment of the Development Plan for each phase of the development. Amended Application No.1 revised the conditions listed on the development plan, including the revision of language regarding potential changes during the development review process to those required by the City of Roanoke, moving language regarding a future greenway to the narrative, and adding "maintenance" to the condition of proposed landscaping. Conditions to Be Repealed and Proffered by the Applicant The applicant hereby requests that all of the proffered conditions enacted by Ordinance No. 26387 be repealed as they pertain to Official Tax No. 1490201. Those conditions are as follows: 1. Within six (6) months of the effective date of the ordinance authorizing the requested rezoning, the Petitioner will submit a subdivision plat for approval by the City of Roanoke to subdivide parcel # 1490201 on the tax appraisal map of the City of Roanoke so that the 16.20 -acre tract which lies to the east of the tract sought to be rezoned, a more particular description thereof being attached hereto, will be identified by an approved recorded subdivision plat. This subdivision plat will contain the restriction that the 16.20 -acre tract will be forever known and utilized in its natural state as an open space preserve. Contemporaneously therewith and in conjunction with the development of the tract to be rezoned, Petitioner will perform the actions set forth in subparagraph (g) and within one year of the effective date of the ordinance authorizing the requested rezoning take the actions set forth in subparagraphs (a) through (f). (a) Dismantle the old clubhouse and stone fireplace located on the 16.20 -acre tract; (b) Remove all dead wood located on the 16.20 -acre tract; (c) Hydroseed all open spaces of the 16.20 -acre tract with crown vetch; (d) Clear a strip ten (10) to twelve (12) feet in width on the 16.20 -acre tract, running along Colonial Avenue to its intersection with Forest Road, of all underbrush, and plant this area with crown vetch; (e) Clear a strip ten (10) to fifteen (15) feet in width on the 16.20 -acre tract where it borders Forest Road of all underbrush, and plant a staggered double row of white pine trees within this strip; (f) Clear all underbrush around existing specimen trees that are located on the 16.20 -acre tract; (g) Maintain the 16.20 -acre tract until same is conveyed to the Homeowners Association to be formed to hold title to the property sought to be rezoned, which conveyance to the Homeowners Association will be subject to the restriction set forth above that the 16.20 -acre tract of land will be preserved in its natural state as an open space preserve and will be subject to the further restriction that the 16.20 -acre tract of land will be maintained by the Homeowners Association free from accumulated litter, health hazards and nuisances. The only means of ingress and egress from the property sought to be rezoned will be via an entranceway and access road from Ogden Road. There will be no access to the property from Colonial A venue unless required by governmental authority No more than 170 residential dwellings shall be constructed on the subject 30.29 -acre tract. No structures or improvements will be constructed within one hundred (100) feet of the boundary of the property sought to be rezoned adjacent to Colonial Avenue. This area will remain in a natural state and a staggered double row of evergreen trees between six (6) and eight (8) feet in height will be planted on ten (10) foot staggered centers as a natural shield or buffer along Colonial A venue. With the creation of a planned unit development, the development plan proposed as part of the rezoning is binding on future development. The proposed plan shows only Phase 1 of the proposed development. Any future phases will require an amendment to the development plan be approved before further development could occur. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/ commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. The proposed development plan promotes harmony with the surrounding residential and commercial properties through the layout and scale of the building and parking on the site. The placement of the multistory building is at the base of the slope with the single story portion at the rear of the building closest to the nearest single family residential properties. The main entrance off of Ogden Road, opposite the multifamily apartment complex, is a driveway that will likely become a new street in time meeting City street design standards. The parking surrounds the three sides of the building furthest from the single - family residential with a quantity of spaces appropriate for the proposed use. And, the placement of the facility in this corner of the property efficiently uses the land by leaving future development options for the remaining portion of the large site and preserves the floodplain along Murray Run. Not all site development features required or regulated by the zoning ordinance are shown on the development plan and will be finalized during the development review process. In particular, the City will look at right -of -way improvements along Ogden Road in conjunction with Roanoke County. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Area Plan recognize the need for infill housing that is compatible with the surrounding area. The site is a large property that is bordered by single family residential Zoning District Land Use North R -7, Residential Single- Single- family detached dwellings Family District South Roanoke County Multifamily dwellings East ROS, Recreation and Vacant and Single- family detached Open Space District and dwellings R -12, Residential Single- Family District West I Roanoke County Single-family detached dwellings Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/ commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. The proposed development plan promotes harmony with the surrounding residential and commercial properties through the layout and scale of the building and parking on the site. The placement of the multistory building is at the base of the slope with the single story portion at the rear of the building closest to the nearest single family residential properties. The main entrance off of Ogden Road, opposite the multifamily apartment complex, is a driveway that will likely become a new street in time meeting City street design standards. The parking surrounds the three sides of the building furthest from the single - family residential with a quantity of spaces appropriate for the proposed use. And, the placement of the facility in this corner of the property efficiently uses the land by leaving future development options for the remaining portion of the large site and preserves the floodplain along Murray Run. Not all site development features required or regulated by the zoning ordinance are shown on the development plan and will be finalized during the development review process. In particular, the City will look at right -of -way improvements along Ogden Road in conjunction with Roanoke County. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Area Plan recognize the need for infill housing that is compatible with the surrounding area. The site is a large property that is bordered by single family residential properties to the north along Colonial Avenue, multifamily residential properties to the south along Ogden Road, and vacant and single family properties to the east and west. Relevant Vision 2001 -2020 policies: NH PI . Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. • NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. • NH P6. Housing clusters. Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structure, and complement the surrounding neighborhood. Relevant Franklin Road /Colonial Avenue Area Plan policies: • Residential Development Policies o New Development: New development should be well - planned and use limited land resources wisely. Infrastructure Policies o Curb, gutter, and sidewalk improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter and appropriate species of trees should also be planted along streetscapes. The proposed development plan achieves many of the policies noted above from the plans. It uses an undeveloped property for a mixed density development along a major collector street. The design is sensitive to the adjoining neighbors' concerns about retaining the residential character of their streets to the west, north, and east of the site by placement of the building into the slope downhill from the closest neighbors, providing a treed buffer along the adjacent residential properties to the west, and elevations of the proposed building reflecting atraditional residential nature. Public Comments: None. Planning Commission Work Session: The general discussion during the work session was related to the design of the building and layout of the site relative to the surrounding properties and that the design was sensitive to the adjacent residential properties. Technical details of the application to be addressed included the following: • Development Plan condition portion "subject to changes as may be required to meet local and state development and /or licensing requirements" should be more specific OR changed to "subject to those changes which may be required by the City of Roanoke during development plan review" • Proposed condition that the applicant would work with the City on a future greenway easement should be specific or removed from the development plan. If removed from the development plan, you may wish to discuss in the project narrative. • Landscaping condition should add "and maintained" after "A landscaped buffer yard shall be established..." The applicant subsequently submitted Amended Application No.l that addressed the corrections in items 1 and 3 and added a general statement in the narrative that the applicant would coordinate with the City on any future greenway connection along Murray Run. Planning Commission Public Hearing George Wall, 3955 Winding Way Road, stated that his property is on eye level with the proposed facility and that while there are proposed buffers they do not buffer his property. He stated that he is concerned with how this and lighting will impact his property that he intends to market in the very near future. George Cochener, 3230 Woodland Drive, stated that he thinks Phase I is a very good use for the land; however, he would like a place for the Valley Metro bus to pull off completely at the entrance for safety reasons due to the traffic on Ogden Road, he would like a temporary construction fence to keep the wild animals out of the facility property for safety of the residents, and he would like the greenway to be located on the adjacent 16 acre parcel. {(I� 94&1a4, Kermit Hale, Vice Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney William H. Fralin Jr., Retirement Unlimited Inc. Bruce Hedrick, Region Properties, Inc. Maryellen Goodlatte, Glenn Feldmann Darby & Goodlatte Zoning Amendment Application r Department of Planning, Building and Development RECEIVED ROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. OCT 16 2015 Roanoke, Virginia 24011 Gick Here o Prinl Phone: (540) 853 -1730 Fax: (540) 853 -1230 CITY OF ROANOKE PLANNING BUILDING 8 Date: October 162015 Submittal Number: Amended Application NO.1 Raaoaatk("Jil all thaEaaolvM ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional [x] Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Prooartv Information: ❑z Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 0 Colonial Avenue, S.W., Roanoke, Virginia Official Tax No(s),: 14sozot Existing Base Zoning: E With Conditions RM-2, Residential Mixed Density (If multiple zones, please manually enter all districts.) ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 26187 Ej With Conditions pro osed Requested Zoning: M%PUD, Mixed Use Planned U p See Attached Exhibit ❑ Without Conditions Land Use: P_gr it Ownor Information: Name: Region Properties, Inc. Phone Number: +1 (540) 776 -7454 Address: P,O.40ox 100, Daleville, VA 24083M 00 E -Mail' bruce.hedrick @MFA.NET Property r' Signature: Bruce Hedrick, Authorized Agent Name: Retirement Unlimited Inc. Phone Number: *1 (540) 776 -7454 Address: 2847 Penn Forest Boulevard, Ste. 201, Roanoke, VA 24018 E -Mail: bruce.hedrick@MFA.NEF Applicant's Signitur6. William H. Fralzn, Jr., President ... Aaw Infarmaw" aw Iasr_t. Name. Maryellen F. Goodlatte, Esq. Phone Number: +1 (540) 224 -8000 Address: Glenn Feldmann, et al., P. O. Box 2887, Roanoke, VA 24001 -2 E -Mail: mgoodlatte@glennfeldmanacom A6i' lir�f �E�nV S gnL' AuthonzedA nYs Signature: Exhibit to Zoning Amendment Application Amendment No. 1 filed by Retirement Unlimited, Inc. dated October 16, 2015, listing Proposed Land Uses: The property shall be used only for the following land uses: Group Care Facility, congregate home, elderly Group Care Facility, nursing home Dwelling, multifamily Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, townhouse or rowhouse 7.glill,W) ,' l ROANOKE r Completed application form and checklist. G Wntten narrative explaining the reason for the request. F- Metes and bounds description, if applicable. r Filing fee. 4Ilil l '�Jhg' dlj y!`p,lnusl also tie sub mitted; r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. P 9MBOojMW- - i �N t' ?AA'�bmipted: r- 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 F- 'development plan" d proffered. oraplaht!.edun a, toil ivtg n'ua(alsobesuhrnined: r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. DhacatriP ' '.F'�rloiyifig must, besub mitted: F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. ( 9r5tr8r ejt t � 'ggi[ II fN. qlg fbll6,041mlist also be submitted: Amended development or concept plan meeting the Application Requirements of hem '2(c)' in Zoning Amendment Procedures, rl if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. 'For aplannNl'uAk Qe grid #dherrQlhe following . must also be submitted:: F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. FoP a eompriGhWhi jiyoolay amendment, the following must also be submitted:. F- Amended comprehensive signage plan meeting the requirements of Section 362-336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a proposal that r9#§ a linjil1Mlc impact study be submitted to the City, the following must also be submitted:. - f-' A Traffic Impact Study in compliance wth Appendix B -2(e) of the City's Zoning Ordinance. For a proposal th'.atregdf* a traffic impact analysis be submitted to VDOT, the following must also be submitted: r Cover sheet. r Traffic impact analysis. r Concept plan. F- Proffered conditions, if applicable. r Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecdng'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless othermse specified by staff. CERTIFICATION This is to certify that 1 am the President of Retirement Unlimited Inc.. a Virginia corporation, and am authorized to execute an Application For a Zoning Amendment, and any related documents, on behalf of Retirement Unlimited Inc. seeking to rezone Tax Parcel 81490201 owned by Region Properties, Inc. from RM -2(c) to MXPU William H. Frali r Jr., president Date: Witness: - - -'^ Page 1 of I See Nome Contact See Site Map Searc l 1 10/13/15 CISM1001 OFFICERS /DIRECTORS AND PRINCIPAL OFFICE 14:39:10 SIG 10/13/2015 r iVirgin igi.gl CORPORATE ID: 0256180 1 CORP NAME: RETIREMENN T UNLIMITED INC. STREET: 2897 PENN FOREST BIND STE 201 CITY: ROANOKE S C E A L T 0 B B 0 CURRENT AR# 215-06-1578 DATE 03/30/15 STATE: VA ZIP: 24016 DIR REQUIRED: Y OFFICERS /DIRECTORS DISPLAY FOR AR# 215 -06 -1578 NAME TITLE SI WILLIAM H FRALIN JR PRESIDENT W H FRALIN VP /CO -CHAIR KAREN H WLLDRON VP /CO —CHAIR CURTIS E DAVIS III C00 /S /T IScreen IdrCm y_UtLzer Uireuor PO Inqut , https:// cisiweb .sce.virginia.gov /instant.aspx CERTIFICATION This is to certify that 1 am the President of Region Properties, Inc., a Virginia corporation, and that Bruce Hedrick of Medical Facilities of America, Inc. is authorized to execute an Application for a Zoning Amendment. and any other related documents, on behalf of Region Properties, Inc. seeking to rezone Tar Parcel #1490201 owned by Region Properties, Inc. from RM -2(c) to MXPUD. Karen H. Waldron, President Dater f js Witness: Page I of l 10/13/15 CISM1001 OFFICERS /DIRECTORS AND PRINCIPAL OFFICE 14:39:42 CORPORATE ID: �01061951'I, CURRENT AR# 214 -14 -3505 DATE 10/01/14 CORP NAME: REGION PROPERTIES, INC. STREET: X90 TOWN CENTER ST SUITE 20D CITY: DALEVILLE STATE: VA ZIP: 24083 S C DIR REQUIRED: Y E A OFFICERS /DIRECTORS DISPLAY FOR AR# 214 -14 -3505 L T NAME TITLE SIGN B KAREN H WALDRON PRES /SEC /TREAS 1&nvm Id9( orp OtDca _Dire,tmr Ptl In(I uirc) SGG Home Contact SCC Slle Map Searc https: / /cisiweb.sce.virginia.gov /instant.aspx 10/13/2015 NARRATIVE Retirement Unlimited, Inc. ( "RUI" ), headquartered in Roanoke, was founded in 1984 by the Fralin and Waldron families with the goal of providing high quality retirement living focused on personal care for seniors. RUI operates six unique communities throughout Virginia, and our Roanoke -based leaders wish to bring a new distinctive assisted living community to Roanoke where we can deliver a lifestyle that the seniors in our community have earned and deserve. The thirty (30) acre parcel on Ogden Road, which is the subject of this rezoning application, is well- suited for the residential mixed development we propose. While the acreage is already zoned for one hundred seventy (170) multifamily units, such development has not yet occurred and the parcel remains vacant The City's Comprehensive Plan encourages multifamily development on the parcel. With our expertise in retirement living, we believe that a residential development, focused primarily on seniors, will not only provide needed services to area seniors and their families, but will also create less demand on City services and infrastructure than traditional single or multifamily development, and complement the existing development in the neighborhood. RUI is proposing to acquire the property identified as Phase Ion the Development Plan Exhibit A) from the property owner, Region Properties, Inc. ( "Region"). Region and RUI are related companies. RUI would construct and operate an assisted living community of up to one hundred (100) units as shown on Phase I. The Development Plan is subject to such changes as the City may require during the comprehensive development plan review process. Licensing requirements and geotechnical conditions encountered during the development process could cause minor changes to the final plans, but should still result in a project substantially in accordance with the Development Plan. An assisted living community is a State regulated and licensed congregate living property with central dining rooms that provide residents access to three meals per day and other services such as housekeeping, linen service, transportation, social, and recreational activities. The average age of our assisted living residents is between 84 -86 years. Few, if any, drive or keep cars. For residents who are unable to live independently and require assistance with activities of daily living, supportive cue from trained healthcare professionals is provided. A section of our assisted living community would be dedicated to meeting the special needs of residents dealing with memory loss.2 As depicted on the elevations Exhibit B), the architecturally classic building, with residential rather than institutional styling, takes advantage of the topography and is no higher than 3 stories. The memory care wing, located at the rear of the building closest to our Woodland Drive ' RUI has six retirement communities in Virginia. They are Aarondale Retirement Community in Springfield, Bay Lake Retirement Communities in Virginia Beach, The Towers Retirement Community in Richmond, Heatherwood Retirement Community in Burke, The Hidenwood Retirement Community in Newport News, and Paul Spring Retirement Community in Alexandria. Under construction is the Ashleigh Retirement Community in Leesburg projected to open in the fall of 2016. ' See September 17, 2015 column in The Roanoke Times, a copy of which is attached as Exhibit I, which describes the importance of assisted living to seniors and their families. neighbors, is only one story in height. And, as illustrated on the sections (Exhibit C, C -1, and L--2), the building is significantly below the grade of our Woodland Drive neighbors. Because neither RUI nor Region are certain how the balance of the thirty (30) acre parcel would be developed, we have provided that, as each future phase of the property is ready for development, Region will seek approval from the City of Roanoke of an amended Development Plan depicting the additional phase or phases. Both Region and RUI agree that the uses to which the balance of the property will be put must complement the Phase I assisted living community. As delineated on the Development Plan, those additional uses include residential, independent living, additional assisted living and skilled nursing. The City's process to approve an amended Development Plan is a public one, allowing for citizen input. Recognizing that the City may wish to construct a greenway along Murray Run in the future, Region will cooperate with the City by granting an easement over a portion of its property for a greenway, the location of which would be mutually agreed upon by the City and Region. The current zoning conditions on the property allow for one hundred seventy (170) multifamily units. Respecting that maximum and using it as a guide, we have proffered maximum density levels for the thirty (30) acre parcel which are less than the maximum density levels otherwise allowed in an MXPUD district while still accommodating future uses of the property. We start by recognizing that under current multifamily zoning, the average occupants would be a couple or a small family. Estimates for occupants per household in the Roanoke area suggest the number of occupants per dwelling unit would be 2.3 1, with each dwelling unit having an independent kitchen, one or more bathrooms, and one or more bedrooms.' Assisted living and skilled nursing centers are not independent, but congregate living, where common areas are shared, all meals are provided to the residents from a central dining room location, and scheduled transportation is provided. Given that reduction in impact on the property when comparing assisted living to a traditional single or multifamily development, our experience indicates that the density impact of an assisted living unit is essentially one -half that of a multifamily or single family dwelling unit. Consequently, we have proffered that the property can have up to one hundred twenty (120) dwelling units and one (1) assisted living community of up to one hundred (100) units. With assisted living units having a density impact half that of a dwelling unit, we believe that equivalency with the existing density condition of not more than one hundred seventy (170) dwelling units on the property has been achieved. As future phases are submitted to the City for approval, the number of allowed dwelling units on the remaining undeveloped portion of the property will be adjusted downward. For example, if RUI and Region determine that an expansion of the Phase I assisted living community to include up to fifty (50) more residential units would be desirable, an amended Development Plan filed at the time would reflect a one hundred fifty (150) unit assisted living community and reduce the number of dwelling units permitted on the remainder of the property from one hundred twenty (120) to ninety five (95). 3 The Nielsen Company 2014 Alternatively, should RUI and Region determine that a skilled nursing home /rehabilitation center would be a desirable addition to the property, the amended Development Plan filed at that time would reflect the one hundred (100) unit assisted living community (Phase I), a skilled nursing home with a stated maximum number of beds, and a reduction in the number of dwelling units on the remainder of the property. Recognizing the diminished impact that skilled nursing home beds have on density when compared with assisted living units, our experience indicates that the density impact of a skilled nursing home bed is essentially one - quarter that of a multifamily or single family unit. Those relationships and ratios were discussed during a meeting RUI held with neighbors before filing this application. We discussed the differing impacts on density of the three permitted use categories: assisted living (i.e. group care facility, congregate, elderly), skilled nursing (i.e. group cue facility, nursing home), and dwelling units (i.e. multifamily, single family attached or detached, two - family, and townhouses). During our meeting, the following ratios were used to describe and establish those differing impacts. The ratio represents the relationship between the stated use and a dwelling unit. Use Ratio 1 multifamily dwelling 1 to 1 1 single - family attached dwelling 1 to I 1 single- family detached dwelling I to I 1 two - family dwelling 1 to 1 1 townhouse or rowhouse dwelling 1 to 1 1 group care facility, con egate home, elderly unit 0.5 to I I group care facility, nursing home bed 0.25 to 1 The proposed maximum density condition is intended to reflect these relationships. Since the Phase I assisted living community would contain up to one hundred (100) residential units, those one hundred (100) residential units would be reduced by half, consuming fifty (50) dwelling units for purposes of the proffer. That would leave one hundred twenty (120) dwelling units available for future development on the balance of the property. Each amendment of the Development Plan would adjust the remaining dwelling units accordingly. Replacing traditional single or multifamily dwelling units with assisted living and/or skilled nursing home beds also reduces the traffic impact of the development. Based on the traffic manual used by the City's traffic engineers (the Institute of Transportation Engineers' Trip Generation Manual 9'h edition), the projected number of vehicles generated by the Phase I use is well below the threshold at which a Traffic Impact Study or Statement is required. At each phase of development, the projected number of additional vehicles for the new development, when combined with the activity related to the existing development on the property, will be analyzed to determine if a Traffic Impact Study or Statement would be required as part of the request to amend the MXPUD Development Plan. Questions were raised during our meeting with neighbors about the residents of our assisted living community and whether or not their rents would be subsidized. We advised neighbors that all residents privately pay, as is the case in all of our assisted living communities. Monthly rents are expected to range between $3,600 and $6,000. No subsidies, including Medicaid, are available to residents. Our building will be staffed twenty-four (24) hours a day, seven (7) days a week. Total employment for the building will be approximately 65 -70 individuals. Except for administrative staff whose hours are generally 9 — 5, our health cue professionals and some service staff will work in three shifts: typically 7 am — 3 pm; 3 pm — 11 pm, and I I pm — 7 am. For the community RUI will be constructing in Phase I, our investment is expected to be approximately twenty five million ($25,000,000.00) dollars. We expect that, once construction commences, the project will be complete within sixteen (16) months. Annual wages and employee benefits are expected to be approximately $1.98 million. In addition to wages and employee benefits, RUI will pay real estate taxes (estimated at $250,225 annually), business license, and personal property taxes (estimated at $49,775 annually) associated with the Phase I development. EXHIBIT 1 Reynolds: Assisted living provides compassionate and needed care By Alice Reynolds Reynolds is the Regional Director of Operations of Western Virginia for Commonwealth Assisted Living. She lives in Christiansburg and was previously the Executive Director at Commonwealth Assisted Living at Christtmtsburg. I Posted: Thursday, September 17, 2015 2:00 am By Alice Reynolds Reynolds is lire Regional Director of Operations of Western Virginia for Commonwealth Assisted Living. She lives in Christiansburg and was previously the Executive Director at Commonwealth Assisted Living at Christiansburg. This week marks the 20th anniversary of National Assisted Living Week in the United States. Established in 1995, the week provides a great opportunity for families, caregivers, and local communities to ]cam more about assisted living and the health and welfare of seniors. Over the past 20 years, medical research has provided us with a number of breakthroughs as it relates to senior care. Families and caregivers are now more equipped than ever to understand and nurture the aging process of loved ones. For example, numerous studies from the U.S. Department of Health and Human Services' National Institute on Aging illustrate the importance of maintaining a healthy diet of fresh fruits and vegetables after 50 in order to boost immune systems and prevent cognitive decline. Additionally, organizations such as the National Osteoporosis Foundation point to the need for increased physical activity for seniors in order to avoid bone weakness and deterioration. Despite these medical breakthroughs, most Americans are still unfamiliar with the unique needs of seniors. The leading cause of death among adults over 65 years old is been disease which is the direct result of poor diet and lack of exercise, according to studies conducted by the Center for Disease Control. Among the top ten causes for death, five of them arc preventable with the right care and attention. One of them is accidents in the home, such as falling. Even with these ado'ances and knowledge, many family members and caregivers of seniors are reluctant to discuss or recognize the importance of assisted living as a viable option for their loved ones. It is only natural to be deterred from something that you have misperceptions about or don't understand. Over 60 percent of Americans believe that assisted living communities are nursing homes. That is simply not the case. The dignity and importance of providing a home -like, independent enironntent is paramount to the assisted living profession. Assisted living provides residents with the freedom and independence they expect combined with the medical and psychological attention that they need in order to maintain an active and healthy lifestyle. All across Roanoke and the New River Valley, assisted living providers are revolutioniLing the way we improve the quality of life for our seniors. For example, our company recently introduced a Farm to Table dining initiative that ensures locally grown fresh fruits and vegetables are part of our dining program, which has helped to boost the immune systems and the cognitive health of our residents. Some assisted living comnwnities in our region also encourage volunteerism in the larger community in order to increase social interaction, which can help deter dementia. Initiatives such as these are ensuring that residents are healthy and have a longer lifespmu. There are two ways that assisted living communities can offer these types of initiatives — staff and volunteers. Staff members at assisted living communities are highly trained experts in their field. They understand the importance of nourishing the mind, body, and spirit of residents and do it each day. They are at the fnintlines of ensuring that our nation's Greatest and Boomer Generations are aging with dignity, respect, and fun. Alter all, it is what they deserve. These are the generations that helped to define our nation. They fought in World War 11, the Korean War, and the Vietnam War. They also revolutionized business, technology, and how we interact. The staff at assisted living communities deserve our thanks and our gratitude for ensuring the peace and happiness of these amazing individuals. Volunteers also play a crucial role in assisted living communities and help ensure that residents are not islands among themselves. Our residents are members of the community. They are former business people, citizen organizers, elected officials, neighbors, and friends. The comfort and assistance that our volunteers provide our residents is extraordinary. This National Assisted Living Week, I invite you to team more about what assisted living is and how both caregivers and residents are an important piece of the fabric of our community. Our people arc the most important asset that we have— it is imperative that we always appreciate and provide the best possible environment for them. Proffered Conditions to be Repealed The applicant hereby requests that all of the proffered conditions enacted by Ordinance No. 26387 be repealed as they pertain to Official Tax No. 1490201. Those conditions are as follows: Within six (6) months of the effective date of the ordinance authorizing the requested rezoning, the Petitioner will submit a subdivision plat for approval by the City of Roanoke to subdivide parcel #1490201 on the tax appraisal map of the City of Roanoke so that the 16.20 -acre tract which lies to the east of the tract sought to be rezoned, a more particular description thereof being attached hereto, will be identified by an approved recorded subdivision plat. This subdivision plat will contain the restriction that the 16.20 -acre tract will be forever known and utilized in its natural state as an open space preserve. Contemporaneously therewith and in conjunction with the development of the tract to be rezoned, Petitioner will perform the actions set forth in subparagraph (g) and within one year of the effective date of the ordinance authorizing the requested rezoning take the actions set forth in subparagraphs (a) through (f). (a) Dismantle the old clubhouse and stone fireplace located on the 16.20 -acre tract; (b) Remove all dead wood located on the 16.20 -acre tract; (c) Hydroseed all open spaces of the 16.20 -acre tract with crown vetch; (d) Clear a strip ten (10) to twelve (12) feet in width on the 16.20 -acre tract, running along Colonial Avenue to its intersection with Forest Road, of all underbrush, and plant this area with crown vetch; (e) Clear a strip ten (10) to fifteen (15) feet in width on the 16.20 -acre tract where it borders Forest Road of all underbrush, and plant a staggered double row of white pine trees within this strip; (f) Clew all underbrush around existing specimen trees that are located on the 16.20 -acre tract; (g) Maintain the 16.20 -acre tract until same is conveyed to the Homeowners Association to be formed to hold title to the property sought to be rezoned, which conveyance to the Homeowners Association will be subject to the restriction set forth above that the 16.20 -acre tract of land will be preserved in its natural state as an open space preserve and will be subject to the further restriction that the 16.20 -acre tract of land will be maintained by the Homeowners Association free from accumulated litter, health hazards and nuisances. 2. The only means of ingress and egress from the property sought to be rezoned will be via an entranceway and access road from Ogden Road. There will be no access to the property from Colonial Avenue unless required by governmental authority. 3. No more than 170 residential dwellings shall be constructed on the subject 30.29 -acre tract. 4. No structures or improvements will be constructed within one hundred (100) feet of the boundary of the property sought to be rezoned adjacent to Colonial Avenue. This area will remain in a natural state and a staggered double row of evergreen trees between six (6) and eight (8) feet in height will be planted on ten (10) foot staggered centers as a natural shield or buffer along Colonial Avenue. Conditions to be Imposed The applicant hereby requests that the following development standards set forth on the MXPUD Development Plan dated September 25, 2015 and amended October 12, 2015 be imposed on the 30.29 acre parcel: USES The property shall be used only for the following land uses: Group Cue Facility, congregate home, elderly Group Care Facility, nursing home Dwelling, multifamily Dwelling, single- family attached Dwelling, single - family detached Dwelling, two - family Dwelling, townhouse or rowhouse PHASING The property will be developed in multiple phases. An assisted living facility with a memory care unit will be constructed as Phase I of the development. The balance of the property will be developed and constructed over a period of time for one or some of the uses listed above. As each phase is ready for development, the applicant will seek approval from the City of Roanoke of an amended MXPUD Development Plan depicting the additional phase(s). MAXIMUM DENSITY The property shall have up to 120 dwelling units and one group care facility, congregate home, elderly. The group care facility, congregate home, elderly shall have up to 100 residential units. For purposes of this proffer, a residential unit shall be a room or group of connected rooms occupied or capable of being occupied as an independent and separate housekeeping establishment by only one (1) family, and which contains at least one independent bathroom and sleeping facilities. Should an additional group care facility, congregate home, elderly or a group care facility, nursing home be added in a future phase(s), the number of allowed dwelling units on the remaining portion of the property shall be adjusted. ARCHITECTURE The Phase 1 building shall be constructed generally in accordance with the elevations attached hereto as Exhibit B. DEVELOPMENT PLAN Phase I will be developed in substantial conformity with the Development Plan for Ogden Road Assisted Living (Tax Parcel 1490201) prepared for Retirement Unlimited, Roanoke, Virginia, made by Lumsden Associates, P.C. dated September 25, 2015, subject to such changes as may be required by the City of Roanoke during comprehensive development plan review. PROJECT SIGNAGE No more than two (2) two ground signs shall be permitted on Phase I. Ground signs shall not be deemed to include exempt directional signage as defined in the Zoning Ordinance. Ground signs shall not exceed ten (10) feet in height and fifty (50) square feet in size. Building mounted signs shall be limited to 0.5 square feet of sign area per linear foot of building fagade. However, signs will not be placed on that portion of the building facing the abutting Woodland Drive residential lots. LIGHTING All parking lot lighting fixtures shall be the Illuminating Engineering Society of North America (IESNA) standard full cutoff type luminaires. Lighting shall not exceed 0.5 foot candles at property lines adjoining single family residential development. DUMPSTERS AND OUTSIDE MECHANICAL EQUIPMENT Dumpsters and outside mechanical equipment will be screened. TRAFFIC IMPACT STUDY At each phase of development, a Traffic Impact Study or Statement, as approved by the City Traffic Engineer, shall be required if the development activity for that phase when combined with activity from the existing development on the property is projected to generate an increase in traffic of more than one hundred (100) vehicles per hour during the peak traffic hour of the adjacent street or more than one thousand (1,000) vehicles per day. Projected trips shall be generated based upon the methodology included in the latest version of the Institute of Transportation Engineers' (ITE) Trip Generation Manual. Prior to preparation of the Traffic Impact Study or Statement, the City Traffic Engineer must approve the methodology and assumptions proposed for the Study. LANDSCAPING A 30' landscaped buffer yard shall be established and maintained in the area identified on the Development Plan. Within this landscaped buffer yard, existing scrub vegetation shall be removed, mature existing trees found in Table 642 -1 of the City of Roanoke Zoning Ordinance shall be retained except if diseased or damaged, and evergreen trees meeting the requirements of Table 642 -1 shall be planted in two offset rows, separated by 10' and on 10' centers, except where existing trees being retained alter the spacing. Any landscaped areas within the 30' landscaped buffer yard disturbed by utility, drainage, or grading activities shall be restored. ENTRANCE DRIVE The entrance drive shall be designed to meet the City's private street requirements. [m IN THE .11, Of iab Cm ON aLLtapIE, vT.T.CA, Ty- ]N dos of Nerea, 1983. 80. 36404. AM OW g IPARCE ece.,cre [bt bid of 3 6 a Gr•dlW Consumer. Inc., for pzetitl like gndtee a" Iosullrtiw M u t®Wruq coon aloe u told to The RYVeka Centre for Industry Y6 SeeMniep, upon certain [ Yd czedlclon.. I ... rdiry • [ Nerefmq su borizin, Ua pecpv[ City I,:' "' [ ¢ e Na rs9uisfu col [ fm Both lurk: relatfry all ether bid. otdt [me Ns Ct , fen re: wrb: [a" pewfdiY for an aegency. BE IS OAOAIM® by the Council of Na City of kYeoka chat: I. The bid of 3 6 8 GrediY Claw'. Inc., of Ory York. vireioia, Yde to the City iv The total ®oust of $156,464.00 for ...al lets lolly and IYUllatim of a care., cw•txoc- tlov access cold no the Branch. CYtu for Industry and Technology, ... bid blind el full cmplune. vich the Ifzy'a bl— and ap.clflntion. Bulk Nerefoc and a prmtdtl on . e ct daveon offered said bidder, Mich bid is on file in The Miles of the CSry Clerk, be and is hereby ACCEPSED. 3. The City Bevy.[ Ned N• City Clark are hereby authorized on behalf of the City to Lute and • e•pazlvely, Ne cquLlto c at v1N 3 6 8 Credit{ Copan, Inc., based vein pioposaleuderUae[o[ amed the Ltty'a •pezfflcatieu Yde Ne[efeq said c e be in oueh fend es is approved by the City Act.-.,. and N• coal of said work to be slid to, cur a food. herecolor. or sLulunavualy .ppceprist. by Council. 3. Afl other bids Wa to Me City for the aecaefd work be and Nq are hereby Re3TCI ®, sM the City Clerk is directed to votffy each such bidder and [ exprsse to uch the City's appreciation for such bids. t 1. In order or florid. for Co. usual daily operation of Ne mmlcipal Rwarmmt. u eergucy is deaW to uu4 ud .1. ordl ... a •hull be In full feel. Ytl affa[ upm Ste v.aee. APP ED 6O City Clark w,or AN CROWMSe to Yevd sect'.. 36 -3 and 36 -4, Coal of Ill Illy of Rourke (1979), as amded, a6 Slue[ an. 109, Sertlev+l 1976 Ten. bay. City of Noun.", 1. alatlon t. 2rain,' Yq«[ to certain conditions. VRG[AS, apllYtlm has bell ode to the Co a of 'be City of Rourke to base 30.19 + .l.uaW b+Wea Ogdaz Veal ad Colonial Avauq S. W.. a1q a portion of cn. areas, dal.Ytb m ne. Ta Appaieal hap of the CS[y of Noronha a MHel+l The No. 14A13. sanded fe. v8 -1. Sfryle Frail, NYSdeotal District, to 6 -1. 6aerel aeada[Sel VeCa19, the City PlemiY CtaSUI® has ra_,.I Nat [fie b.c.1"fter dofryted N. Ta APP reael Nap of the Ctq of aoaeke a Official Sex ... 1d90101 ...real fr® es -1, µe pally ...Idabel Oi.Irlcq to M. -1. Oeuiel aeefda[Se1 Cutrfc4 adr 'laaayA9. the City Plamlry Ctrs -Im as emended Net ae hereinafter described d be mere...r- RS -1. 6ia93e'.Ily aaidatlel District. to W -1, General Residential [tics Ne said c ...iry to be subject co Ne ceMltime proffered by the ep,li —c. ia Nelr Motion for mwiry: atl VR01GS, the witted notice sod the posted a19n [quiied a be Wbliabstl ad pasted. pativ'I" by Satien 36-541. Col. of cle City o[ 8....ke (19]9), as waded, r.1all 3 Ce Me been publish" and posted es rqulred and far the cfY prwid. by geld secaY: VR81p.A3. the hearing Y prwld" for in Yid entice m held m Na 14tb day of Fakmary. 1983, a ]:y0 soul.. before The Council of then City of Roun.", Y Mich hurlry all parties in Interest aM Citizens Yre elves an epPortunity to be M1Y[d, both for and asalnat Ne p.,..ad camlry: and VSCPptb. Na Cewcil. after cenaidarle[ Ne aforeaaitl spPlfY[SOe. Ne Be—. Yde to Ne Council a" Ytrera pr No a th public hustled. Ss of eplvio. than [Ae berel. "tar ducrl6" is.. should be cnmed as hereby provided. Tglgp M; M IT 010AINE0 by the Council Of the City of Pnenoke Wt Sections 36 -3 and 36 -4, Code of the Clty of eevocke (1939). es -coded, rolrtie9 to LOn10s, and She.[ No. 149 of the Sectional 1936 Zone Nap, City of gosncke, be ®ended in the fo11Mry particular anmer and no other vie: Property located be.- Ogdeo 80. and Colonial Avenue, 6. M., d ... riled — ]0.29 t less, and being P^rt]m of the propvq deal{m[etl on Sheet 149 of the Sec[S -al 1936 L- erNSp. Cite Of Remote, as Official Tae No. 1490201 6.a and fe hereby, changed fr- RS- 1, 6ingis Fu13y Residential DLtner to W -1, coastal Reaitlmtlel District, subject to the entli[tnns proffered by and set forth fn the appllceat's appllu[i- for rerwiry, end that SMet No. 149 Of Ne aforesaid u9 be restated in this reapaet. AP p R 0v E0 ATTEST: City Clerk Me, IN Te. COIMC... CTTy Of .MN . pint.h., The Itch day of March, 1993. No. 26399. AM Oan1NAllCg su lancing Crester kunoke Transit Company a public s voica corp—st3 -, Of uhieh rha Clty M koanoke Ss the sole etockholdre, to mmys and operate Mo publicly -owed partly .1ciies for end on b da Of Ne City. VIB ' the City le - 1horired by y.ttf— 2(12.1) of Ste LhaO..r to ones mint.ln sec Operate slait" prose end [o provide for their ma—grace sod control by an qwq specially t.blf.betl by ordlnevice for such purpose o o prwltle by lone greeted by Council far their ....g®mt end control by ether than the City: MNLRCAR. In the near future tar — park., f.clllties, W111fusw lead Perking Garage W Mares Square Parkiy Cars$¢. owed b➢ the Ctry will be Opened for public o e WfJPAy, Greeter gaemke reensl[ C -p.ny. a virgtnie public a wire OM.O.Oi- of Mich the Ci[y of kmooke Se the sole stOlUeda (h¢einef ter "MC °).cis to the business of provitliy L ansportation services, and GUC uill wn One transportation Center, an totemOdel traespor ration facility and parkfy facility: W0VA9. GKC is desims Of na Ring and nperetlng the Willi -s- lead Perklog Wrage and the Marks Lqu.re park... Car, In addi[Srn to Me Scam par n tiro Carter, sM Council dams it fe the public interest that GRTC manes[ and Operate much facilities: VIm ' Council -cymipes that GWC may contract uith a private fire at fim. for the pcwLi— of saamem ®t services required Sn On operation of such prtkly fsc(11tAS: rtlEPCPOkg. gE Ir OkDA1NZD by the Council of the City of Bounce. e. fell-.: 1. Authority and responsibility for the secs$ -se u t and operation of the Wiliime- kd Perkin$ day... and gquere Perking Cary. (hereinafter ^,wkly f-ililfea) in batch, be.tw.d esteem 4LTC: 2. GRIC shall through Ste gourd of Director, establish polity for the Operation of such prtkiy Sac 113t1ee. 3. GBTC -ell be atharlaed t r into such c acts for me. -ant service¢ required in the concert— of park.. facilities as It dame roc.... 0. yhim delete It- Of eutboriey to 0CC say be -ended Or [e —.m[ed at any rise in the sale discretion Of T, council. / / ////� /� /�/ APP R0p 60 AT[[6T: / / — /2 a City Clerk Mayor a+i- VIRGINIA: IN THE COUNCIL GP THE CITY OF ApANGRS IN RE: PETITION TO THE COUNCIL OF ME CITY 1 OF AOANORE, VIRGINIA, TO AIDNO ME 1 PROVISIONS OI ME ZONING ORION"= ) DP THE CITY OF ROANOKE FROM RS -1, ) SINGLE FANILY RESIDENTIAL, M RG-1, 1 GENENAL HESIOENTIA1, DISTRICT, FOR f E CERTAIN TERCI OF LAND, CONTAINING 1 CONDITIONS RPPEORIMMLY 30.29 ACRES, WORN OR ) pAOPPER60 LESS, AND SITUATED BETWEEN OGDEN j ROAD RED COIMIIAL AVENUE. BEING A I APPNAIEAL HAP OP WE CITY IF ROAROR AS PARCEL #1490201, RED FURTHER OESTGRKTEO ON THE BAR iTTACEEO M WE PETITION HEREIN AS PRICED A IO THE HONORABLE COUNCIL OF I. CITY OF NOANORE, VIRGINIA: Region Properties, Inc., respectfully requests that the i 30.29 acres of land situated between Ogden Head and Colonial Avenue which it has requested be zoned as Residential District RG-1 pursuant to the Mended Petition filed herein, be subject TO the fallowing conditions: I. Within six (6) :wnO. of the effective does of the ordinance autMriiin9 the requested zezonin,, the Petitioner will submit a subdivision plat for approval by the City of Hoanoke to subdivide parcel 11490201 on the tax appraisal map of the City of Roanoke so that the 16.20 -acre tract which lies To the east of the tract sought to be rezoned, a e particular description thereof being attached hereto, will be identified OF an approved recorded auhdivlaion plet. This subdivision plat will contain the restriction that the 16.20 -acre tract will be forever known Red utilized in its natural state as an open eparo preserve. Contamporaneouvly therewith end in conjunction with the devalopaent of Ne tract to be rezoned, petitioner will 1—form the actions set forth in subparagraph (9) and within one year of the effective data of the ordinance authorizing the requested 2- rezoning take the actions set fort, in cubparagraphe (a) through If). (a) Oisnantle the old clubhouse and atone fireplace located on the 16.20 -acre tract; g (b) Hemve all dead wad located on the 16.20 -acre tract; (c) Hydroseed all open space. of the 16.30 -acre tract with crown vetch; (d) clear a .trip ten (10) N twelve (12) feet in width on the 16.20 -acre tract, running along colonial Avenue' to its interesection with Forest load, of all ."to ... In, -1 Plant this area with crow veton; (e) Clear a .trip ten (10) to fifteen (15) feet in width on the 16.20 -acre tract where it borders Forest Road of all underbrush, and plant a staggered double row of white pine trees within this stript (f) Clear all untarbrush around existing specimen trees Nat are located on the 16.20 -acre tract; (g) Maintain the 16.20 -acre tract until Bane is con- veyed to the Homeowners Association to be formed W hold title to the property Bought to be retuned, which conveyance to the Homeowner. "sociable- will be subject be the restriction set forth above Nat the 16.20 -acre tract of land will be preserved in its natural state as an open apace preserve and will be subject to the further restriction that the 16.20 -acre tract of land will be maintained by the Homeowners Association free from accumulated litter, health haaard. and nur.ence.. 2. The only —a. of logreaa a;dl agree. frog the pro - party sought to be retonad will be via an entranceway and access road Iron Ogden Road. There will be no access to the property from Colonial Avenue unless required by gavenmrental authority. j 3- 4cn 3. No more than 170 residential dwellings hall be j` nscrented on the subject 30.29 -acre tract. 4. No structures or improvements will be ...Itructed within one hundred (100) feet of the boundary of tha property ye ought co be rezoned adjacent to Colonial Avenue. This a will remain in natural state and a staggered double rem of evergreen trees between six (6) and eight (8) j feet in height will be planted on ten (10) foot staggered c enters as a natural shield or buffer along Colonial avenue. ......Ifully submitted, AEGION PAOP¢ATZ¢S, INC. By a ¢ono James P. ...that, Bzgu r ee 1 Hazlegrove. Dickinson , Pea, I S.ltzer s Brown t P. O. Bas 1218 li Pcanoke, Virginia 24006 -1218 PARCEL A BEGINNING at a point an the southerly aide of Colonial Aranoe, Said point being the easterly r of bet 24 of the Ogden Bills Subdivision, thence with Colonial Avenue a,d with a arued line as the left whose radius if 979.93 feet and whose chord bearing and digeame is N. 71. 00' B. 279.67 feet, an arC distance of 290.83 feet; Nance continuing with Colonial Avenue and with ureed line to the left whose radio. is va us rio aadwhoee chord bearl.g and distance is N. 62' 38. 30' E. 257.94 feet, an are distance of 257.94 feet to a polar; Chance contleuing with Colonial Avenue N. 49" 22' B. 100.12 feet to a point; Chance Continuing with Colonial Aveeue, N. 42' 46' B. 42.07 feet to a point; thence with a new line through the property of Bell. Properties, Im., the following three coureea and dietames: S. 0" 37' 10" W. 235.59 fast to a point; thence S. 19" 43' 30' W. 1010.00 feet to a point; thence S. l8' 01' 05" W. 257.03 feet to a point on the northeastern line of lot 1, Castle Court Subdivision; theme with the mrtb- ea.tern line of Lot 1, Castle Court Subdivision, N. 58. 20' 07" W. 50.00 feet to a point in the center of Murray's pun; then. with the center of Murr.y's Be. the following four Co.... and distances; S. 13. 13' 30" N. 192.10 feet to a point; S. 18" 34' W. 300.10 feet be a point; S. 17. 14' N. 350.00 feet to a point; and S. 301 45' N. 122.75 feet to a point on the northerly aide of Ogden Woad; thence with the northerly side of Ogden Hoed, tee following four coarse. and Listmces: N. 37. 18' 30' N. 460.10 feet to a point; thence with a curved line to the left whose radius is 597.96 feet and whose chord betting and diseased is N. 58. 37' 44" W. 434.82 feet, an are distance of 445.02 feet to a point; thence leaving Ogden Road and with the line of the Property of Knight of Pythias of AOanaff, N. 22. 22' 30" S. 293.53 feet to a polar, thmce with the line of Ogden Bill. Subdivision, N. 32' 41' 36' N. 1344.54 feet to the point of Beginning, and ...taining 30.29 Boras, a wore particularly shown on the map wade by Buford T. L .den i Ae.nciatea, P.C., dated October 5. 1982; and BE,BO a portion of the property conveyed t0 Region properties, Inc., Virginia ourporation, from the colonial American National Beale of Noamke and J. Forst Jamison, Co- Executor. and CO-Trustees under the will of E. F. Janis. , detained, by deed dated Novaebar 15, 1972, of record in the Clark'a Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1322, page 504. PARCEL B BEGINNING at a point On the wmterly edge of Forest Road at its intersection with Colonial Avenue, thence vith the westerly line of Forest Road the following three courses RM distances: S. 6. 39' 10' W. 169.85 fact to a paint, S. 1B' 33' S0' E. 123.11 feet to a point S. 45. 24' SO' E. 98.29 feet to a paint; thence with . curved line to the left whale radius is 99.81 feet and whose chard Dearing and distance is S. I0° 53' 30' E. 86.00 feat, an arc distance of 88.63 test to a Point thence Partially with the lime of Forest Road and partially with the southvesf ly line of Lot 13, Jefferson Bills 8obdivivion, S. 35' 57' SO' S. 253.97 feet to a point then.. with the line of Section 2, Jefferson Park Subdivielen the following three .cares and dietarcse: S. is- 00' 00' W. 460.00 feet to a pointy theme S. 15' 10' IV N. 436.43 feet to a Point; then.. S. 63' 00' 00' E. 459.40 feet to -a pout theme leaving the lino of Section 2, Jefferson Park Subdivision, the following fire courses and distances: S. 37' 22' N. 135.00 feet to a paint; tAe.c. S. 29' 13' N. 50.00 feet to s Points theme S. 46' 42' W. 129.40 feet t0 • point thence S. 29' 23' N. 125.00 feet to • polnci thence S. 30. 43' N. 150.00 feet to • Point; thence vith the mrtheeaterly line of Castle Court Subdivision N. 58' 20' 07' N. 574.63 feet to a pointy thence With A mew Sine through the property of Region PraPa[ ties, Inc., the following three .... and dietence.: N. 18. 01' 05' E. 257.03 fee[ to a point Utah N. IV 43' 30' E. 1010.00 feet to a point; thence N. 0' 37' lo' E. 235.59 fast to a point an the o.therly edge of Colonial Ave an . , thanes With Colonial Avene N. 42' 46' E. 110.00 feet to B point thence continuing with Colonlal Avenue N. 52' 14' E. 149.60 fast to the point of B"Jacing, and co.tainieg 16.20 so he e Na particularly show the rep uede ar m by Suford T. Lmaden 6 AesmiAtm, B.C., Certified Lind Surveyors, dated 0nteber 5, 1982; and BEING a portion of the p ope ty conveyed to Region Properties, Inc., a virginla corporation, From the Colonial American Ne[ omI Back of Bosoms. and J. Forest Jamison, Co- Et...cor, am Co- 'trusts.. under the will of E. P. Jamison, deceased, by deed dated BOvember 15, 1972, of .cord in the Clerk's Office a the Circuit Court for the City of Roanoke, Virginia, in Oesd Book 1322, Page SO4. IIF ill! tllNl" IA'3VONtlON emypY_a SNiNNOld SN043ALI15- SaI3iNI0.V3 ,. ••••!' "' Jd'S3.Ltl l JOSSV N34SW p'I ° g a36� a oz�g � ,�< II ,�•� t i3Pg,g <z °zoo §� 9iiiEfSg! as Ca iS o s� uidlw 3 o�� "�fl3s�s��eid�,$s > � t P'gii %giMul 3!6 p a. 3 d � 6 I �11 3 a 1 a? f} 9 1 a55a a,i r t� �71] a I p; r : �38A�dA3 EI3 CL i° �ag{i E I m F R m � W \� F �1 u g� a 0 s a V V Z LU J H i (/)0 -r Fnj U) w Q W C j 09 y Z W= 0 0 EYE Saw cu Pnn�1 -uwv ¢ g ¢' apu+aE wnavm aaDOt rvc r as Ma va He e � t� A� ' SPER � GRE SURMG _ _ ------ 1; 1 \ \ I\ EXHIBIT "C" SECTION VIEW ED OGDEN ROAD ASSISTED LIVING TAX PARCEL *1490201 srrOATED ALONE OGDEN ROAD, W 100' 0 100 PREPARED FOR ® RETIREMENT UNLIMITED I" = 100 ROANOKE, VIREINN DATE: September 25,2015 LUMSDEN ASSOCIATES, P.C. SCALE. ENGINEERS- SURVEYORS - PLANNERS -FORM . NO.: 1 -100 ROANOKE,VIRGINIA 15 "0 %J a50, BOX BRAA4BLETON AVENUE PHONE: 15401 D4H11 P.O. BOX 2D%9 FAX: f5b1 DJ -9415 a0Z \d / § \ }� - - . - - -- - . \ \\ AVM AO H — — - -. \} )\? } \� � ,� ) } ) / \\ \�( \ \!\ i\\ � \)� %E§ )\( \\\ ;!U/( SR4 � � U § \ � / w ) / \\ \�( \ \!\ i\\ � \)� %E§ )\( \\\ E AFFIDAVIT APPLICANT: Retirement Unlimited, Inc. LOCATION: 0 Colonial Avenue SW Tax No. 1490201 REQUEST: Amendment of Proffered Conditions COMMONWEALTH OF VIRGINIA TO -WIT: CITY OF ROANOKE ) IN �7- The of lant, //-Tiin��a M. Carr, first being duly swom, states that she Is Secretary to the Roanoke Qty PUIL4 � !� . 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 th�er/.�rtifl./4/ e,i f�7AtdAt� of the City oonf� Roanoke, she has sent by first -class mail this GeA day of /� O legaell, . 2015, notices of a public hearing to be held on this 9'l%day of . 2015, on the request captioned above to the owner or agent of the parcels as set out on the attached. t-t /II�Cl�/W Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this ') I dayof Qc-fah.. .2015. Y DARRNO AR W. PUSUC ESB NOTARY HIL CONMCNyffAMOFVRIaNIA ota ublic REGETRAMN*7 515 nYC0NtA55DN DRREa 1490117 1490201,1490202 Kevin D. Creehan Region Properties, Inc. 3201 Ogden Rd SW PO Box 100 Roanoke, VA 24018 Daleville, VA 24083-0100 1570218 1570219 1480201 1480808 Salvation Army, Inc. Carl L. Palmer 724 Dale Ave SE 3598 Hartland Rd SW Roanoke, VA 24013 Roanoke, VA 24015 1490117 1490201,1490202 Kevin D. Creehan Region Properties, Inc. 3201 Ogden Rd SW PO Box 100 Roanoke, VA 24018 Daleville, VA 24083-0100 1570218 1570219 Samuel Brown Straus III James David Horn 3211 Colonial Ave SW 7087 Mountain Spring Ct Roanoke, VA 24018 Roanoke, VA 24018 1570221 1570222 E R 5 Builders Inc. George Fdsble 84 John Arthur Rd 3209 Colonial Ave SW Boones Mill, VA 24065 Roanoke, VA 24018 1490104 Blllle O. Wall 3955 Winding Way Rd SW Roanoke, VA 24015 1570217 Derwin L. Harvey 3201 Colonlal Ave SW Roanoke, VA 24015 1570550 Ralph T. Najar 3205 Colonial Ave SW Roanoke, VA 24018 -3745 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 Words, do cattily that the annexed notlse PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: 1027, 11/032015 The First Insertion being given ... 1027/2015 Newspaperreference: 0000233107 --PW-Z: i rIging Reoresentetite. L.) Sworn to and subscribed before ms this Tuesday, November 3, 2015 D Notary P is 2 P nIiV State of Virginia = Orc;hiAl"NO Naae2a CIWCounty of Roanoke II�� MM Is. My Commission expires Ls = L� 30$ j �o „�7ARY THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU The Roanoke. Times gceoant N.umMr Roanoke, Virginia 8011439 Affidavit of Publindon RECEIVED CITY OF ROANOKE - PDV NOV 05 2015 November03,2015 AIM Tine M. Can 215 CHURCH AVE CITY OF ROANOKE ROOM PLANNING BUILDINGS DEVELOPMENT ROANOKE. VA 24071 E, Dale Category Dwolp on Atl Sae Toral Coat 11I032D15 Municipal Nolkm PUBLIC HEARING NOTICE Ail Nblk hearings aevertiseo hen 1 x 149 L 1,419.75 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 Words, do cattily that the annexed notlse PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: 1027, 11/032015 The First Insertion being given ... 1027/2015 Newspaperreference: 0000233107 --PW-Z: i rIging Reoresentetite. L.) Sworn to and subscribed before ms this Tuesday, November 3, 2015 D Notary P is 2 P nIiV State of Virginia = Orc;hiAl"NO Naae2a CIWCounty of Roanoke II�� MM Is. My Commission expires Ls = L� 30$ j �o „�7ARY THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE VI pvbNC hmrw covet bereln " Me NO! le Me CRY -COUMI Umber c TAVv MNdOW W14MO%q, 20 Cbua . Men.' Sw, AbetlhNe vOpWS an:oobemMM areavdlmM b m9ewio MaPMM�M0.✓flaw Q 40 D- 11kiheM oMCe, poem 1% ]U Cbwrb nvenK, zw, Rwneke. wilt Any.OMwn wiM'a ttaalfiw teyptrloy Mly epBtW lltp9lgdlllW ro M OOd oe pMUelpow M tlM LMMp 91poM coaW p3Mn1nw Nam Nl DeveMpeeh3 M Wo3 fY11102t1Y flee Qpn pMr Yo Me sNMale1 V. M. Cart. 5 ",, CM/ R .1, Comnflaabn Clly C 11 "I hold W W hea,V M Me efo d meters ak mryIkanu� m bm as u ti en eohgna M. Moon RMOlft MMG R331M 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 166,2t5 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 November 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Amended Application No. 1 dated October 22, 2015, by Evergreen Assisted Living Community, LLC, to amend proffered conditions as part of a previous rezoning at 23 24'h Street, N.W., bearing Official Tax No. 2311102. The application is to repeal existing conditions, such conditions restricting the use of the property to group care facility providing transitional shelter and supportive services, restricting the operation and supervision to Total Action Against Poverty in the Roanoke Valley, and requiring a special exception permit for a group care facility, in connection with the passage of Ordinance No. 28817 - 101987, adopted by City Council on October 19, 1987. The land use categories permitted in RMF District include residential; accommodations and group living, commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum of one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the property for light manufacturing/commercial use, but does not specify density. Application by Retirement Unlimited, Inc., to rezone property at 0 Colonial Avenue, S.W., bearing Official Tax No. 1490201, from RM -2, Residential Mixed Density District, with conditions, to MXPUD, Mixed Use Planned Unit District, with conditions. The application is to develop the property for an assisted living facility. The conditions accepted by the adoption of Ordinance No. 26387 on March 14, 1983, proposed for repeal include subdivision of a 16.2 acre parcel from the parent parcel and restriction of the new adjacent parcel with particular actions regarding removal of the old clubhouse, clearing, and installation of particular landscaping (previously completed). Additional conditions proposed for repeal include restrictions on the ingress and egress to the property from Colonial Avenue, SW.; a limit on the number of residential dwelling units on the 30.29 acre parcel to 170; and the requirement of a 100 foot buffer along Colonial Avenue, S.W., with particular plantings. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional, and community facilities; transportation; utility; agricultural; and accessory; with a maximum of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for single /two family /multifamily use, but does not specify density. Amended Application No. 1 dated October 16, 2015, by the City of Roanoke to amend the Planned Unit Development Plan as it pertains to 3837 Williamson Road, N.W., bearing Official Tax No. 2090601, previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, by the adoption of Ordinance No. 37269 - 120505, on December 5, 2005, and proffering a Development Plan, showing a particular site layout, and Building Elevations, both of which are dated September 28, 2015. The application is to permit a renovation and expansion of the existing public library with a changed site configuration. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory uses; with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional use, but does not specify density. The proposed use of the property remains a library. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters and applications on November 16, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, October 27, 2015, and Tuesday, November 3, 2015 Please bill and send affidavit of publication to: 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 @romokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avcnnc, S. W., Sidle 456 Roanoke, Virginia 24011 -1536 I'eicphau: (540)8531541 F;' : (541)) N53 -1145 S'1'BPIIANIE M. MOON REYNOLDS, NIM(. F. mail clmM(n4oanokc...... City Clerk November 17, 2015 John S. D'Orazio President and Chief Executive Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 -3007 Dear Mr. D'Orazio: •.( CI'I W A "1'. W ERR, CM(' Aaling Dtpuy City C t,,. k I am enclosing copy of Ordinance No. 40398 - 111615 providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, i Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Christopher Lawrence, Town Manager, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40398 - 111615. AN ORDINANCE providing for one or more non- exclusive franchises to construct, reconstruct, opemte, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia; establishing an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The non- exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia shall provide as follows: SECTION 1. DEFINITIONS. For the proposes of this Ordinance, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: a. "City" shall mean the City of Roanoke, Virginia. b. "City Manager" shall mean the person appointed City Manager by Roanoke City Council pursuant to the Roanoke City Charter or the City Manager's designee. In the absence of the City Manager, the tern shall include a duly authorized Acting City Manager. c. "Franchise" shall mean the formal agreement, which authorizes the specific Grantee to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System in the area defined by, and pursuant to the terns and conditions of, this Ordinance. d. "Franchise Fee" shall mean the fee paid by the Grantee to the City in co asideratio,of the use of its Streets and administration of this Ordinance and the Franchise. c. "Gas Distribution System" or "System" shall mean the complete system in it physical sense including gas distribution lines, pipes, manholes and all other actual appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works, or any portion of the System, in the Streets within the Territorial Limits of the City. f "Grantee' shall mean the Person granted a Franchise pursuant to the Franchise Agreement and this Ordinance and Grantee's agents, servants, employees, contractors, subcontractors and any other person or entity authorized by the Grantee to act on its behalf. g. "Ordinance" shall mean this Franchise Ordinance. h. "Person" shall mean any person, tine, partnership, association, corporation, company, organization, or other entity. I. "Street" shall mean the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley, or other public right -of -way, including non -paved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, or similar public use. j. "Territorial Limits" shall mean the corporate limits of the City as such corporate limits now exist or may hereafter be extended or otherwise altered. k. "Work" shall mean Grantee's use of the Streets of the City; the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair, or extension of 2 Grantcc's Gas Distribution System; and the exercise 01 any right or privilege granted by or under this Ordinance or any Fo ncluse. SECTION 2. GRANT OF Au rHORITY. 'File Franchise granted by the City and accepted by Grantce pursuant to the Franchise Agreement and this Ordinance shall provide to Grantee the right, privilege, and authority to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System in the Territorial Limits of the City for the term specified in the Franchise. SECTION 3. STREET AND RIGHT -OF -WAY USE NOT EXCLUSIVE For the purpose of constructing, operating, maintaining, and extending a Gas Distribution System in the Territorial Limits of the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove, and retain in the Streets within the Territorial Limits of the City such pipes, lines, manholes, and any and all other additional appliances and appurtenances necessary and incidental to the usual operation of a Gas Distribution System, provided that all applicable permits are applied for and granted, all fees paid, and all other applicable local ordinances, codes, and regulations are otherwise complied with. Subject to State law, the right to use and occupy the Streets for the purposes set forth herein is not exclusive. The City reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any tune. SECTION 4. PUBLIC WORKS. The rights and privileges granted by this Ordinance shall not be in preference or hindrance to the rights at the City and any other lawful governmental authorities having jurisdiction to perform or cant' out any public works or public improvements. Should the Gas Distribution System interfere with the construction, maintenance, or repair of such public works or improvements, 3 Grantee, at its expense, shall protect or relocate the Gas Distribution System, or any applicable part thereof, as directed by the City or other governmental authorities havingjurisdiction. SECTION 5. USE OF STREETS. (a) General control. Grantee, in any opening it shall make in the Streets of the City, shall be subject to the provisions of this Ordinance and to all applicable ordinances, codes and regulations of the City. The Gas Distribution System of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Streets. (b) Right of designation. The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the Gas Distribution System of Grantee with reference to municipal facilities, sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a marmer as to protect the public safety and public and private property and to facilitate the creation of a convenient, attractive, and harmonious community. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Ordinance. Grantee shall construct, maintain, and locate its Gas Distribution System so as not to interfere with the construction, location, and maintenance of sewer, water, drainage, electrical, signal, and fiber optic facilities of the City. Any designation of location required or authorized by this Ordinance shall be accomplished by the City so as not to unnecessarily delay the Grantee in any of its operations. (c) Notice to City. Except in the cases of emergencies under Subsection (d) of this Section, Grantee shall not move, alter, change, or extend any of its Gas Distribution System in any 4 StIect unless prior written notice of its intention so to do i s given t o t he City Manager and permission in writing so to do is granted by the City Manager or such rcqui rcm ell t is waivod by the City Manager. Such permission shall he conditioned upon compliance with the terms and conditions of this Ordinance, With such othm terms and conditions as will preserve, protect, and promote the safety of (he public using the Streets, and as will prevent undue interference with or obshtictiOil of the use of the Stoects by the public, the City or by any other public utility or public service corporation for their respective purposes and functions, and shall not be unreasonably withheld. (d) Written permits. The City Council may require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Streets in order to install, construct, maintain or extend the Gas Distribution System. Such permits, if required, may be made applicable to any and all types of excavations in the Streets, as prescribed by City Council, and City Council may, by resolution, establish a fee for each excavation made in a Street by a public utility. Such permits may state the particular part or point of the Streets where construction or excavation is to be conducted, the length of time in which such permit shall authorize such Work to be done acrd the hours of each day during which such Work shall be undertaken. A single permit may be issued for multiple excavations to be made in Streets; provided, however, any Street opening fee established by City Council shall apply to each excavation made in Streets of the City. Exceptions to the requirement for a written pemrit shall be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Streets without permit, Grantee shall make a report of each such excavation to the City within four (4) hours of the beginning of the next business day and pay such fee as may be established by 5 City Council for excavations in Streets by public utilities. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unnecessarily delay the Grantee in efficiently discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's actual costs ofadministering the program of issuing permits and conducting inspections. (e) Restoration of Streets. Immediately after installation, repair, or extension of the Gas Distribution System or any portion thereof or any pavement cut by Grantee in any Street of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. Grantee shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. (f) Removal of obstructions and defects. Grantee shall promptly remove or correct any obstruction or defect in any Street which may have been caused by Grantee in the installation, operation, maintenance, or extension of Grantee's Gas Distribution System. Any such obstruction or defect which is not promptly removed, repaired, or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee's properties or assets. Any expense of damage, relocation, or replacement to City storm sewer, storm drainage, or communication facilities resulting from construction or maintenance of Grantee's Gas Distribution System shall be borne by Grantee and any expense incurred in connection therewith by the City shall be reimbursed by the Grantee. (g) Minimum inconvenience; protection of public. Grantee shall not open, disturb, m obstruct, at any one time, any more of the Streets, than reasonably may be necessary to enable it to proceed with advantage in laying m repairing its Gas Distribution System. Neither shall Grantee permit any Street so opened, disturbed, or obstructed by it in the installation, construction, repair, or extension of its Gas Distribution System to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any Street shall be excavated, disturbed, or obstructed by Grantee, Grantee shall take all precautions necessary m proper for the protection of the public and shall maintain adequate warring signs, barricades, signals, and other devices necessary or proper to adequately give notice, protection, and warning to the public of the existence of all actual conditions present. (h) Relocation of City facilities. Whenever the City shall widen, reconstruct, realign, pave, or repave any Street, or shall change the grade or line of any Street, or shall construct or reconstruct any storm sewer, drainage, or communications facility of the City, it shall be the duty of Grantee to move, alter, or relocate its Gas Distribution System or any part thereof as requested by the City at Grantee's cost and expense. Upon written notice by the City Manager of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction, or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Gas Distribution System or any part thereof may be removed, altered, or relocated by the City, the cost of which shall be paid by 7 Grantee, and the City shall not be liable to Grantee for any damages resulting from such removal, alteration, or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee shall jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Grantee shall not be required by the City to relocate its Gas Distribution System when any Street in which such System is located is vacated, closed, or abandoned by the City for the convenience of abutting property owners and not as an incident to a public improvement. The City shall give Grantee notice in writing of such proposed abandonments or Street closings to allow Grantee to protect its access interests. SECTION 6. SERVICE STANDARDS. The rights and privileges granted and conferred upon the Grantee are granted upon the express condition and understanding that Grantee will render to the public and the City of Roanoke at all times during the term of this Franchise adequate and efficient gas service at reasonable rates and that it will maintain its properties, works, structures, facilities, and the Gas Distribution System located within the City in good order throughout the term of this Franchise. By accepting this Franchise, Grantee expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the same manner now or hereafter during the life of this Franchise provided by law, to require Grantee to render efficient service as aforesaid at reasonable rates and to maintain its properties in good order throughout the term of this Franchise and otherwise enforce, together with the City, in the Circuit Court for the City of Roanoke, the provisions of this Franchise to the fall extent provided by law. SECTION 7. SAFETY STANDARDS. Grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries, or nuisances to the public. SECTION S. RESTORATION OF IMPAIRED SERVICE. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident, or other happening beyond the control of Grantee, Grantee shall use every reasonable effort and shall exercise prompt diligence to restore such service with as little interruption as reasonably possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the aforesaid reasons shall not, of itself, constitute a breach of this Franchise. SECTION 9. COMPLIANCE WITH ALL LAWS. Grantee agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements and environmental regulations. Grantee further agrees that Grantee does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. SECTION 10. POLICE POWER. All rights and privileges granted hereby are subject to lawful exercise of the police power of the City to adopt and enforce local laws, rules, and regulations necessary to the health, safety, and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and 9 regulations as are necessary for the lawful exercise of its police power, for the benefit and safety of the public. SECTION 11. TAXES. Nothing contained in this Ordinance or in the Franchise shall be construed to exempt Grantee from any tax, levy, or assessment of the City, which is now or may hereafter be authorized by law. SECTION 12. GRANTEE TO OWN SYSTEM. Grantee shall, at all times during the tern of this Franchise, have full possessory rights to all facilities and property, real and personal, of the Gas Distribution System, whether by ownership, lease, license, or otherwise. Grantee may discard or replace any property, real or personal, as long as Grantee can satisfy its obligations hereunder. SECTION 13. APPROVAL OF TRANSFER. No sale, assignment or lease by Licensee of the Pipeline or of the privileges granted under this Ordinance or Franchise shall be effective until Licensee's successor shall have agreed in writing with the City to accept the terns and conditions of this Ordinance and Franchise and to perform in accordance with its terns and conditions. SECTION 14. LIABILITY. Grantee agrees acrd binds itself to indemnify, keep, and hold the City, its officers, agents, and employees free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from: (a) Grantee's use of the Streets of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Gas Distribution System; (e) the exercise of any right or privilege granted by or under this Ordinance or any Franchise; or (d) the failure, refusal 10 or neglect of Grantee to pmibnn any duty imposed upon or assumed by Grantee by or under this Ordinance: or any Franchise, including any obligations with respect to hazardous and toxic substances. In the event that any suit or proceeding shall be brought against the City at law or in equity, Oil= independently (a with Grantee on account thereof, Grantee, upon notice given to it by the City, will defend the City in any such action or other proceeding, at the cost of the Grantee. In the event at a final judgment being awarded against the City, either independently or jointly with Grantce, then Grantee will pay such judgment or will comply with such decree, pay all costs and expenses of whatsoever nature, including without limitation all costs and expenses in eliminating m remedying environmental violations, and hold the City, its officers, agents, and employees harmless therefrom. SECTION 15. INSURANCE AND BOND REOUIREMENTS (a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during the life of this Franchise, the insurance and bonds required by this Ordinance and the Franchise. Any required insurance and bonds shall be effective prior to the effective date of the Franchise. All such insurance shall be primary and noncontributory to any insurance or self - insurance the City may have. (b) Commercial General Liability. Grantee shall maintain during the life of its Franchise, Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense, or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Franchise. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. II (c) Contractual Liability. Grantee shall maintain during the life of its Franehisc broad form Contractual Liability insurance including the indemnification obligation set forth in Section 14. (d) Workers' Comoensation. Grantee shall maintain during the life of its Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its Franchise. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the City, its officers, agents, and employees. (e) Automobile Liability. Grantee shall maintain during the life of its Franchise Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned m non -owned vehicles used in the performance of any work under its Franchise. (t) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d), and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $10,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d), and (e), and it is further agreed that such statement shall be made a pact of the certificate of insurance famished by Grantee to the Clty. 12 (g) Evidence of Insurance. All insurance, shall be written on an occuncice basis. In addition, the following requirements shall be met: (1) The Grantee shall furnish the City a certificate or certificates of insurance Showing the type, amount, effective dates, and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles,. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, and employees as additional insureds with regard to general liability, and auto coverages and the certificate of insurance shall show if the policies provide such coverage. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Additional insured acid waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages. (4) htsurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Ordinance or any Franchise granted under this Ordinance shall be authorized to do business in the Commonwealth of Virginia. 13 (5) The Grantee shall notify the City in writing within ten (10) calendar days if any of the insurance coverages or policies are cancelled, changed, or modified and Grantee shall immediately replace such policies and provide documentation of such to the City. (h) Ranges and Limits. At the end of ten (10) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. (i) Bond. Grantee shall post and maintain for the term of this Franchise a performance bond in favor of the City in the amount of $25,000. The bond shall be conditioned upon Grantee's full and punctual performance of Grantee's obligations and undertakings under this Ordinance and Franchise. The bond shall be issued by a bonding company approved by the City and deposited with the City Clerk of the City. SECTION 16. REPORTS, MAPS, AND PLATS. (a) Grantee shall file annually with the City Manager a copy of Grantee's annual report, which report shall contain and reflect the audit and financial statement as pertains to the business operations of Grantee for the immediately preceding business year. Grantee's books and systems of account showing the gross income derived by Grantee from its supply and sale of gas in the City, the City of Salem, and the Town of Vinton shall be made available at all reasonable times for audit or inspection and verification by a duly authorized officer or agent of the City. 14 (h) Grantee shall, upon written and roasonahle request at any time from the City Manager, make available or banish to the City Manager maps, plats, or plans, or copies thereof, showing the location of any m all of its Gas Distribution System located in any Street of the City. SECTION 17, LIEN OF CITY. All debts, penalties, or forfeitures aomuing to the City order the terms of this Ordinance shall constitute a lien upon the property and Franchise of Grantee within the City, subject, however, to then - existing prior liens. SECTION 18. JURISDICTION OF GOVERNMENTAL REGULATORY If any provision of this Ordinance shall be in conflict with any constitutional provision, or any federal, State, or local law, or any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of Grantee within the City, so that Grantee cannot reasonably comply with both the provisions of this Ordinance and such provision, law, or rule of such commission or body, then Grantee shall comply with such specific provision, law, or rule instead of with the conflicting provision of this Ordinance, but Grantee shall comply with each and all of the provisions of this Ordinance where such can be done without violating constitutional provisions, valid laws or rules of the said commission or body. Whenever Grantee has knowledge of such a conflict, Grantee shall immediately notify the City Manager in writing. SECTION 19. NON - DISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex, or national origin in its employment practices, contracting or provision of services. 15 SECTION 20. NOTICE. All notices required under this Ordinance shall be given as provided in the Franchise. SECTION 21. TERM. The tens of the Franchise shall be twenty (20) years, commencing on January 1, 2016. 2. This Ordinance is effective as of the date of its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City� Clerk 16 CITY OF ROANOKE OFFICE OF TIIE CITY CI,ERK 215 Chnrch Avenue, S. W., Suile 456 Roanoke, Virginia 24011 -1536 Telephone (540)X5.1-2541 1'u x: (541)) 853 -1145 S'I'F:I -I[AN IF: M. MOON REYNOLnS, M MC I:,inail: cicrkk�h'onnako n.gnv City ('lerk November 17, 2015 John S. D'Orazio President and Chief Executive Officer Roanoke Gas Company R O. Box 13007 Roanoke, Virginia 24030 -3007 Dear Mr. D'Orazio: CIX ELIA'1'. WI!nli, CM(' Acting nepnly ('i1)' ('lerk I am enclosing copy of Ordinance No. 40399 - 111615 accepting a bid from Roanoke Gas Company to construct, reconstruct, operate, and maintain natural gas distribution system in the City, upon certain terms and conditions, for a twenty year term; authorizing execution of a Gas Franchise Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Gas Franchise Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC- City Clerk Enclosure Pc: Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Christopher Lawrence, Town Manager, Vinton, Virginia 24179 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Town of Vinton, 311 S. Pollard Street, lJ IN THE COUNCIL, OF THF. CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40399 - 111615. AN ORDINANCE accepting a bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City, upon certain terns and conditions, for a twenty (20) year tern; authorizing the execution of a Gas Franchise Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Gas Franchise Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, by public notice published in The Roanoke Times pursuant to Sections 15.2- 2100 and 15.2 -2101, Code of Virginia (1950), as amended, City Council has invited bids for a franchise to construct, operate, and maintain a natural gas distribution system upon certain property of the City for a term of twenty (20) years; WHEREAS, the written bid of Roanoke Gas Company, was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on November 16, 2015; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Roanoke Gas Company as to the final terns and conditions of a Gas Franchise Agreement, consistent with the terns of the Franchise Ordinance being adopted simultaneously with this ordinance; WHEREAS, Roanoke Gas Company has agreed to accept the terms and conditions of the Gas Franchise Ordinance being adopted simultaneously with this ordinance mid to enter into a Gas Franchise Agreement, a copy of such Gas Franchise Agreement is attached to the City Council Agenda Report dated November 16, 2015, and the City Manager recommends that City Council accept the bid of Roanoke Gas Company, such recommendation being fully sat forth in the City Council Agenda Report dated November 16, 2015; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public heating on this matter at its regular meeting on November 16, 2015, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Gas Franchise Agreement; and WHEREAS, after closing the public hearing, City Council believes that granting a franchise in accordance with the terns of the Franchise Ordinance to Roanoke Gas Company will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for a franchise to construct, operate and maintain a natural gas distribution system upon certain public property of the City, such bid being on file in the Office of the City Clerk and attached to the City Council Agenda Report dated November 16, 2015, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Franchise Agreement, effective January 1, 2016, a copy of which is on file in the Office of the City Clerk and is also attached to the City Council Agenda Report dated November 16, 2015, and such Gas Franchise Agreement shall be in such form as is approved by the City Attorney. 1 The City Manager is further authorized to take such further actions and to execute such other documents as may be necessary to implement, administer, acid enforce the Gas Franchise Agreement. 2 This Ordinance is effective as of the date of passage. Pwsuant to the provisions of Section 12 of the City ('hurter, the second reading of' this Ordinance by title is hereby dispensed with. ATTEST: City clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Adopt a Franchise Distribution Ordinance and Award to Roanoke Gas Company a certain Franchise for the Right to Construct, Reconstruct, Operate, Maintain, Repair and Extend a Natural Gas Distribution System in the City of Roanoke, Virginia for a term of Twenty (20) years Background: The 20 -year natural gas distribution franchise agreement between the City of Roanoke and Roanoke Gas Company will expire on December 31, 2015. Likewise, the 20 -year pipeline license agreement between the City of Roanoke and Roanoke Gas Company will expire on December 31, 201 S. The City solicited bids from qualified bidders for a certain franchise to construct, operate, and maintain a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Franchise Agreement and a proposed Franchise Distribution Ordinance. The proposed Franchise Agreement is to be executed by the successful bidder, for a term of twenty years, upon certain terms and conditions, the right, privilege, franchise, and authority to use the streets, alleys and public ways within the limits of the City of Roanoke, Virginia, to construct, operate and maintain a certain natural gas distribution system. The proposed Franchise Distribution Ordinance provides for one or more non - exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia. The Franchise Agreement is granted pursuant to the Franchise Distribution Ordinance. Considerations: The City prepared a form of Gas Franchise Agreement and Franchise Distribution Ordinance that was offered to all interested bidders. On Monday, October 19, 2015, City Council authorized the scheduling and advertising for bids and for a public hearing on the matter. Public advertising for invitation for bids and notice of public hearing on this matter were placed in the Roanoke Times on Monday, November 2, 2015, and Monday, November 9, 2015. A copy of the Bid Form, the proposed Gas Franchise Agreement, the proposed Franchise Distribution Ordinance, and the proposed Ordinance were made available to the public in the City Clerk's Office on Monday, November 2, 201 S. Bids were to be submitted to the City Clerk on or before Noon (12:00 p.m.) local time, on Monday, November 16, 2015. All such bids received at or before that time were held by the City Clerk, unopened, until 2:00 p.m., local time, Monday, November 16, 2015, at which time they were delivered to City Council, publicly opened, and summaries read aloud, all in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. One (1) written bid for the Gas Franchise Agreement was received by the City Clerk on or before noon (12:00 p.m.) local time, Monday, November 16, 201 S. The entity submitting this bid and the summary of its respective bid is as follows: Legal Name of Bidder: Roanoke Gas Company No other bids were received or presented following the reading of the summary of this bid. Vice Mayor David B. Trinkle closed the bidding. City Council referred the matter to the City Manager for review, evaluation, and finalization of the terms and conditions of the Gas Franchise Agreement and Franchise Distribution Ordinance. The City Manager and staff reviewed this bid received and determined that the bidder is a responsible bidder and submitted a bid in compliance with the Invitation to Bid. The City Manager and staff determined that Roanoke Gas Company (Recommended Bidder) presented a responsible and responsive bid for the Gas Franchise Agreement. Based on these determinations, the final terms and conditions of the Gas Franchise Agreement and Franchise Distribution Ordinance are subject to approval by City Council. Copies of the proposed Gas Franchise Agreement and Franchise Distribution Ordinance are attached to this Report. A copy of the proposed Ordinance awarding the bid to Roanoke Gas Company and approving the Gas Franchise Agreement with Roanoke Gas Company is also attached. The proposed Gas Franchise Agreement and Franchise Distribution Ordinance set forth the following terms and conditions, some of which terms and conditions include, but are not limited to, the following: The Gas Franchise Agreement shall commence as of January 1, 2016, and the term of the Gas Franchise Agreement is twenty (20) years. The Gas Franchise Agreement includes no renewal provisions. 2. For calendar year 2016, the annual franchise fee to be paid by the Recommended Bidder for the Gas Franchise Agreement is the locality's share of $98,196. The City of Roanoke share is anticipated to be $70,731. The locality's share is calculated as follows: total dollar value of Grantee's gas sales within Locality's percentage share = the Territorial Limits of the locality total dollar value of Grantee's gas sales in the three localities After proper and timely Notice as required by the Code of Virginia, City Council held a public hearing on this matter at its 7:00 p.m., meeting on Monday, November 16, 2015, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Gas Franchise Agreement and Franchise Distribution Ordinance. It is recommended that City Council find that the bid of the Recommended Bidder on this matter is from a responsible bidder, the bid of the Recommended Bidder is responsive to the invitation to Bid on the Gas Franchise Agreement, that Council adopt the Franchise Distribution Ordinance, a copy of which is attached to this Report, and that Council accept the bid of the Recommended Bidder and approve the execution of the proposed Gas Franchise Agreement, a copy of which Gas Franchise Agreement is attached to this Report, in accordance with the proposed Ordinance, a copy of which ordinance is attached to this Report. Recommendation Adopt the Franchise Distribution Ordinance providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within the City of Roanoke, Virginia. Accept the bid of Roanoke Gas Company and award the Gas Franchise Agreement to such entity. Approve the terms of the Gas Franchise Agreement between the City and the Recommended Bidder that provides for the right to construct, operate, and maintain a natural gas distribution system in the City of Roanoke, Virginia. The Gas Franchise Agreement shall commence as of January 1, 2016, and the term of the Gas Franchise Agreement is twenty (20) years. The Gas Franchise Agreement shall be substantially similar to the one attached to this Report. Such Gas Franchise Agreement shall be in a form approved by the City Attorney. The bond or security as required by Section 15.2 -2104, Code of Virginia (1950), as amended, shall be as provided in the Gas Franchise Agreement. As Roanoke Gas Company is the current holder of the Gas Franchise, Roanoke Gas Company presently has a bond on file with the City, in the amount of Twenty Five Thousand Dollars ($25,000.00) as provided in the Franchise Distribution Ordinance and Gas Franchise Agreement. Pursuant to the terms of the Franchise Distribution Ordinance and Gas Franchise Agreement, Roanoke Gas Company will take all steps necessary to renew and maintain this bond. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such Gas Franchise Agreement. _2 - - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director Public Works 0 GAS FRANCHISE AGREEMENT THIS GAS FRANCHISE AGREEMENT ( "Agreement ") is dated as of , 2015, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "Grantor "), and ROANOKE GAS COMPANY, a Virginia corporation ( "Grantee "). RECITALS WHEREAS, Grantor has reviewed the Proposal for a Gas Franchise of Grantee; and WHEREAS, Grantor, at a duly authorized and regular meeting of its City Council, did vote to grant a renewal of the Gas Franchise to Grantee pursuant to provisions of the State Code and City Charter. NOW, THEREFORE, in consideration of said grant of renewal of the Gas Franchise, the parties agree as follows: L GRANT. Grantor hereby grants to Grantee and Grantee hereby accepts a franchise to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within Grantor's Territorial Limits in accordance with the terms and conditions set forth below ( "Franchise "). The Franchise is granted pursuant to Grantor's Franchise Ordinance (Ordinance No. ), adopted November 16, 2015, ( "Ordinance"), which is incorporated by reference herein, including any applicable definitions. 2016. 2. TERM. The tern of the Franchise shall be twenty (20) years, commencing on January 1, 3. FRANCHISE FEE. (a) Grantee shall pay to Grantor a Franchise Fee which shall be calculated pursuant to this Section. It is understood that Grantee has or will enter into franchise agreements with the City of Salem ( "Salem ") and the Town of Vinton ( "Vinton ") (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities" and singularly as a "locality ") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $98,196 for calendar year 2016 ( "base year total annual Franchise Fee "). Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee's gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each locality's percentage share shall be determined by the following formula: total dollar value of Grantee's gas sales within Locality's percentage share = the Territorial Limits of the locality total dollar value of Grantee's gas sales in the three localities For calendar year 2016, the Franchise Fee shall be paid to Grantor on or before March 31, 2017. (b) For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by Grantee to the localities shall be the base year total annual Franchise Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grantor's percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. 4. BUSINESS OFFICE. Grantee shall during the term of this Franchise maintain at least one business office within the Territorial Limits of Grantor. Such office shall be open at least forty (40) hours per week for the conduct of business between Grantee and its customers. 5. NONDISCRIMINATION. During the performance of this Agreement, Grantee agrees as follows: (a) Grantee 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 Grantee. Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 6. DRUG -FREE WORKPLACE (a) During the performance of this Agreement, Grantee agrees to provide a drug -free workplace for Grantee's employees. (b) For the purposes of this section, "drug -free workplace' means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 7. COMPLIANCE WITH LAWS AND REGULATIONS AND IMMIGRATION LAW. Grantee agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements and environmental regulations. Grantee further agrees that Grantee does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 8. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2- 4343.1, be advised that the City does not discriminate against faith -based organizations. 9. NOTICE. All notices required under this Agreement or the Ordinance 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): Grantor: Grantee: City of Roanoke Roanoke Gas Company Attention: City Manager Attention: President 364 Municipal Building 519 Kimball Avenue, N.E. 215 Church Avenue, S. W. P.O. Box 13007 Roanoke, Virginia 24011 Roanoke, Virginia 24030 Notice shall be deemed delivered upon the date of personal service, five (5) days after deposit in the United States mail, or three (3) days after delivery to a nationally recognized overnight courier. 10. GOVERNING LAW. By virtue of entering into this Agreement, Grantor and Grantee agree and submits themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict law of 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. Grantor and Grantee further waive and agree not to assert in any such action, suit, or proceeding that it is not personally subject to the jurisdiction of 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. 11. ASSIGNABILITY: This Agreement is not assignable to any third party without the expressed written consent of all parties to this Agreement. 12. CONSTRUCTION. The parties acknowledge that each party has reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto. 13. SEVERABILITY AND SURVIVAL. If any term of this Agreement 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 Agreement 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. 14. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. t 5. ENTIRE AGREEMENT. This Agreement, 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 Agreement and the exhibits hereto. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: Printed Name acrd Title (SEAL) WITNESS: Printed Name and Title Approved as to form: City Attorney Approved as to Execution: Attorney Authorized by Ordinance No. ROANOKE GAS COMPANY Printed Name and Title CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager BID FORM FOR A FRANCHISE AGREEMENT TO CONSTRUCT, RE:CONSTRUC1, OPERATE, MAINTAIN, REPAIR, AND EXTEND A NATURAL GAS DIS- IRIBUTION SVSI ENI RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated tot receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon. 12:00 p.m., local time, Monday. Noccntber 16, 2015, and are to be delivered to the address listed below. The completed Bid Fomt together with any other documents the Bidder eishes to submit. should he enclosed in a scaled envelope and addressed as fifllows: Council of the City of Roanoke c o Office of the City Clerk, Room 456 Noel C.'Iaylor Municipal Building 2U Church Avenue. S.W. Roanoke, VA 24011 Place in front lower left -hand corner of em elope and on the back of the env elope in bold letters the following title "BID FOR EXECUTIOS OF FRANCHISE AGREEMENT. TO BF OPENIF..D AT TI IE CITY COUNCIL MEETING AT 2:00 P.M. ON NOVEMBER 10,2015" Date: November 5 .2015 Roanoke Gae Company proposes and agrees, if its I.coul Nemc ar Bidden Bid is accepted to enter into and be bound by a Franchise Agreement. a copy of eehieh is on file in the Office of the City Clerk for the City of Roanoke, Room 456. Noel C. Taylor Municipal Building. 215 Church Avenues S.W., Roanoke, Virginia 2401 L futhennore, the undersigned Bidder e arrants that it can and will comply kith the provisions ofslch Frmchisc Agreement. Bid: Bidder agrees that annual Itanchise payments will he made according to the Franchise Agreement. Payment is duc to the City in accordance kith the terms of the Franchise Agreement. Bid Term: Cp to Twent }' (20) years. coi n icuing on ,Ianuar} 1. 2016, and ending of terminable pursuant 10 the terms of the Franchise [Agreement. Bid: Bidder aarecs, if its bid is accepted. to execute, deliver. and perform all terms and conditions of the Franchise Agreement, a cop% of which is on file in the Office of the City C'Iei k. Roost 456. Noel C. Taylor Municipal Buildima, 215 Church AvCllue S.AA_. Roanoke Vinnnia 34011. Bid: I he certificate of public con croc ice and necessity issued to die bidder by the Virginia State Corporation Commission. is attached hereto as Fzhibit A and tnade a part hereof. Biddy agrees. if its bid is accepted. to reimburse the City to[ the costs ofana adcertisentents for this maner. Stale Bidders complete legal name. exactly as it is recorded with the Virginia Slate Corporation Commission (SCC). or the complete legal name of Bidder if it is not a corporation. LEGAL NAME OF BIDDER: Roanoke Gas Company B}. TII If President & Chief Executive Officer (printed Iitle) Sohn S. D'Orazio (Plintcd Name) -. _.. STREET ADDRESS: 519 Kimball Avenue NE, Roanoke, VA 24016 MAILING ADDRESS: P.O.-Bo.-13007 ('I I Y Roanoke S .Al F: VA ZIP CODE: 24C30 -3007 TELEPHONE 540- 777 -4427 FAN: 540- 777 -2636 Bidder'., SCC Identification Vunrbcr: 00094706 I EXHIBIT A COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION —0 — CERTIFICATE NO. G -22d --o- ROANOKE_GAS COMPANY by this Certificate of Public Convenience and Necessity is hereby authorized under the Utility Facilities Act to furnish gas __ service in the City of Roanoke, in the Towns of Salem and Vinton, and in the territory shown in Roanoke County, (Note: This Certificate No. G -22d cancels and replaces Certificate No. G -22c, issued on September 8, 1964.) as outlined on the attached map stamped — Received _O.Lt➢1?P.r ZTI Q65 Dated at Richmond, Va. O c to h e r_1 9 . 1965- STATE SSION P R ' ON COMMI B Commissioner CITYOFROANOKE CLERKSOFFICE 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 The Roanoke Timei1Ty1 :LFEkk!iLENLM /11-AM1011 AcconmNumber Roanoke, Virginia 6007932 Affidavit of Publication Date November 09, 2015 Date Category Description Ad Size Total Cost 11115/2015 Municipal Notices ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 180 L 1,71160 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 11102, 1 110 912 01 5 The First insertion being given ... 11/02/2015 Newspaper reference: 0000234327 v B ing Representative Sworn to and subscribed before me this Monday, November 9, 2015 S Notar� Co' State of Virginia _ `,tnu.�r✓ City /County of Roanoke pF u,R FPC N C40 `. M Commission expires n 21 lacy- o �3D 1wY- � Ia� :.`.Y�'`iRVPUBLr� I MI Na to NV I A [JILL. YLtAJt FAY FKUM INVUIIa. I HANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Franchise Agreement requirements of et eq., Cotle of ,ended. the City of maintain, repair and extend a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms antl contlitinn; as set North in proposed Franchise Agreement. The proposed Franchise Agreement to be :,,card by the successful bidder, for term of twenty years, upon certain terms and renditions, grand, the dght, privilege, franchise, and authority to uz the streets, alleys and public ways wiMin The limits of the City of Roanoke Virginia to construct reconstruct, operate, maintain, reair. and extend certa nhatund gas distribution syst ma Any bidder shall be able to pmvitle sufficient evidence that such bidder will be able to construct reconstruct, operate, maintain, repaiq and extend a certain natural gas distribution system and execute the proposed Fronchne Agreement obi to all of its fenny' and conmuws. Any interested entity is invited to submit a written bid, including a completetl bid form, for the proposed Franchise Agreement as described above. Each bidder shall commit the following information: stumbled the bid, including the Itlentincation Number issued to It by the Virginia State Corporation Commission. 2. The certificate of public convenience and necessity issued to the bidder by the Virginia State Cassandra Commission, 3. The bidders agreement to execute, deliver. and Perform toe Franchise Agreement 4. Other information asthe bidder deems appropriate. Item 3 may be submitted as a shed name go statement. Bids are to be submitted In a sealed envelope or container to the City Clerk at the address notes above on or before Nwn, 12:00 p.m., local time, Monday, November 16, 2015. The outside of the bid envelope should be marled as follows: "BID FOR EXECUTION Of FRANCHISE AGREEMENT, TO BE OPENED AT THE Cm Councn MEETING AT 2:D) P.M. ON NOVEMBER time they will be to the Noel C Cede Of Virginia (mi as announce The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids. to wave any informality or irregularity In the bids land, and to accept the bid which Is ,red m be m the exist Interest of the ciy. The entity to vom. the Franchise Agreement may be granted and avoided shall reimburse the City for the casts of any advertisemeets far this matter. Pursuant to the requirements of Sections 15.22100, of seq., and Sooners 15.2 IM(B). 152 -1813, and 111.11. fntln of Virginia 11950), as For further informal on I. The legal name of the entity Clerk's Core on November 2. 2015 All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations far mis hearing, please contact the City Clerk's Office at (540) 853 2541 before 12:00 All on Those y, November 12, 2D15. GIVEN order my hand this 27th day of October, 2015. Stephanie M. Mean Reynolds, City Clerk (230.321) V ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Franchise Agreement pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain franchise to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Franchise Agreement. The proposed Franchise Agreement to be executed by the successful bidder, for a term of twenty years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use the streets, alleys and public ways within the limits of the City of Roanoke, Virginia, to construct, reconstruct, operate, maintain, repair, and extend a certain natural gas distribution system. Any bidder shall be able to provide sufficient evidence that such bidder will be able to construct, reconstruct, operate, maintain, repair, and extend a certain natural gas distribution system and execute the proposed Franchise Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Franchise Agreement, City Council will be requested to adopt ordinances to that effect. The full text of each of the proposed ordinances authorizing execution of the Franchise Agreement, are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have topics of the necessary bid form available. The proposed ordinances, proposed Franchise Agreement, and bid form will be available at the City Clerk's Office on and after Monday, November 2, 2015. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Franchise Agreement as described above. Each bidder shall submit the following information: L The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The certificate of public convenience and necessity issued to the bidder by the Virginia State Corporation Commission. 3. The bidder's agreement to execute, deliver, and perform the Franchise Agreement. 4. Other information as the bidder deems appropriate. Item 3 may be submitted as a short narrative statement. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time, Monday, November 16, 2015. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF FRANCHISE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON NOVEMBER 16, 2015." The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, November 16, 2015, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Franchise Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Pursuant to the requirements of Sections 15.2 -2100, et seq., and Sections 15.2 - 1800(8), 15.2 -1813, and 15.2 -2204, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the Franchise Agreement at its regular meeting to be held on Monday, November 16, 2015, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on the Franchise Agreement, you may contact the Office of the City Clerk at (540) 853 -2541. A copy of the proposed Franchise Agreement will be available at the City Clerk's Office on and after Monday, November 2, 2015. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 Noon on Thursday, November 12, 2015. GIVEN under my hand this 27th day of October, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, November 2, 2015 and once on Monday, November 9, 2015. Please send bill and affidavit of publication to, Stephanie M. Moon City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 relepkmie: (540)X5] -2541 Fax: (540)853-1145 S EPIIANIF M. MOON REYNOLDS, MMC 8 -mail: do k(&i unoke ...gov ('fly Clerk November 17, 2015 John S. D'Orazio President and Chief Executive Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 -3007 Dear Mr. D'Orazio: CF,('FLIA1'. WFNIi,CMC Acting UcPnly ('it)' Clerk I am enclosing copy of Ordinance No. 40400 - 111615 accepting a bid from Roanoke Gas Company to construct, reconstruct, operate, maintain, repair a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline License Agreement; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce a Gas Pipeline Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Christopher Lawrence, Town Manager, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance �J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40400 - 111615. AN ORDINANCE accepting a bid for the right to construct, reconstruct, operate, maintain, and repair a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline License Agreement for a twenty year term; authorizing the City Manager to execute the Gas Pipeline License Agreement; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Gas Pipeline License Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, by public notice published in The Roanoke Times pursuant to §§15.2-2100 and 15.2 -2101, Code of Virginia (1950), as amended, the City Council has invited bids for the tight to use certain property of the City for the construction, reconstruction, operation, maintenance, and repair of a gas transmission pipeline for a Tenn of twenty years; WHEREAS, the written bid of Roanoke Gas Company was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on November 16, 2015; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Roanoke Gas Company as to the final terms and conditions of a Gas Pipeline License Agreement; WHEREAS, Roanoke Gas Company has agreed to enter into the Gas Pipeline License Agreement with the City on file in the Office of the City Clerk and the City Manager recommends that City Council accept the bid of Roanoke Gas Company and approve the execution, delivery, and PCH611mnnee of the Gas pipeline License Agreement, a copy of which license agreement is attached to the City Council Agenda Report dated November to, 2015; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public hearing on this matter at its regular meeting on November 16, 2015, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Gas Pipeline License Agreement; WHEREAS, City Council determined that the bid of Roanoke Gas Company to acquire the license as set forth in the Gas Pipeline License Agreement was the most responsive and responsible bid received by the City and City Council desires to accept such bid; and WHEREAS, after closing the public hearing, City Council believes that granting the license to Roanoke Gas Company to construct, reconstruct, operate, maintain, and repair a gas transmission pipeline in accordance with the terms of the proposed Gas Pipeline License Agreement will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for the right to construct, reconstruct, operate, maintain, and repair a gas transmission pipeline for a term of twenty years within a certain right- of-way approximately 14,129 feet in length on City -owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia, such bid being on file in the Office of the City Clerk and a copy is attached to the City Council Agenda Report dated November 16, 2015, is hereby ACCEPTED. Any and all other bids made to the City for this matter are hereby rejected. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Pipeline License Agreement, effective January 1, 2 2010, a copy of which is attached to the City Council Agenda Report dated November 16, 2015, and a Copy of which is on file in the Office of the City Clerk, and such agreement shall be in such form es is approved by the City Attorney. 3, The City Manager is further authorized to take such farther actions and to execute such other documents as may be necessary to implement, administer, and enforce the Gas Pipeline License Agreement. 4. This Ordinance is effective as of the date of its passage. 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: City Clerk. �l b 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2015 Subject: Award to Roanoke Gas Company a certain Gas Pipeline License Agreement for the Right to Construct, Reconstruct, Operate, Maintain, and Repair a gas transmission pipeline for a term of Twenty (20) years within a certain right -of -way approximately 14,129 feet in length on City -owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia Background: The 20 -year natural gas distribution franchise agreement between the City of Roanoke and Roanoke Gas Company will expire on December 31, 2015. Likewise, the 20 -year pipeline license agreement between the City of Roanoke and Roanoke Gas Company will expire on December 31, 2015. The City solicited written bids for the right to construct, operate, and maintain a natural gas transmission pipeline for a term of twenty (20) years within a certain right -of -way approximately 14,129 feet in length on City - owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia. Considerations: The City prepared a form of Gas Pipeline License Agreement (License Agreement) that was offered to all interested bidders. On Monday, October 19, 2015, City Council authorized the scheduling and advertising for bids and for a public hearing on the matter. Public advertising for invitation for bids and notice of public hearing on this matter were placed in the Roanoke Times on Monday, November 2, 2015, and Monday, November 9, 2015. A copy of the Bid Form, the proposed License Agreement, and the proposed Ordinance were made available to the public in the City Clerk's Office on Monday, November 2, 2015. Bids were to be submitted to the City Clerk on or before Noon (12:00 p.m.) local time, on Monday, November 16, 2015. All such bids received at or before that time were held by the City Clerk, unopened, until 2:00 p.m., local time, Monday, November 16, 2015, at which time they were delivered to City Council, publicly opened, and summaries read aloud, all in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. One (1) written bid for the License Agreement was received by the City Clerk on or before noon (12:00 p.m.) local time, Monday, November 16, 2015. The entity submitting this bid and the summary of its respective bid is as follows: Legal Name of Bidder: Roanoke Gas Company Bidder has been awarded a timely bid for a certain franchise to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Franchise Agreement, and, Bidder agrees to execute such Franchise Agreement. No other bids were received or presented following the reading of the summary of this bid. Vice Mayor David B. Trinkle closed the bidding. City Council referred the matter to the City Manager for review, evaluation, and finalization of the terms and conditions of the License Agreement. The City Manager and staff reviewed this bid received and determined that the bidder is a responsible bidder and submitted a bid in compliance with the Invitation to Bid. The City Manager and staff determined that Roanoke Gas Company (Recommended Bidder) presented a responsible and responsive bid for the License Agreement. Based on these determinations, the final terms and conditions of the License Agreement are subject to approval by City Council. A copy of the proposed License Agreement is attached to this Report. The proposed License Agreement sets forth the following terms and conditions, some of which terms and conditions include, but are not limited to, the following: 1. The License Agreement shall commence as of January 1, 2016, and the term of the License Agreement is twenty (20) years. The License Agreement includes no renewal provisions. 2. The annual fee for the first five years of the term of the License Agreement is $1,954 per year. After proper and timely Notice as required by the Code of Virginia, City Council held a public hearing on this matter at its 7:00 p.m., meeting on Monday, November 16, 2015, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed License Agreement. It is recommended that City Council find that the bid of the Recommended Bidder on this matter is from a responsible bidder, the bid of the Recommended Bidder is responsive to the Invitation to Bid on the License Agreement, and that Council accept the bid of the Recommended Bidder and approve the execution of the proposed License Agreement, a copy of which License Agreement is attached to this Report. Recommendation Accept the bid of Roanoke Gas Company and award the License Agreement to such entity. Approve the terms of the License Agreement between the City and the Recommended Bidder that provides for the right to construct, operate, and maintain a natural gas transmission pipeline for a term of twenty (20) years within a certain right -of -way approximately 14,129 feet in length on City - owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia. The License Agreement shall commence as of January 1, 2016, and the term of the License Agreement is twenty (20) years. The License Agreement shall be substantially similar to the one attached to this Report. Such License Agreement shall be in a form approved by the City Attorney. The bond or security as required by Section 15.2 -2104, Code of Virginia (1950), as amended, shall be as provided in the License Agreement. As Roanoke Gas Company is the current holder of the License Agreement, Roanoke Gas Company presently has a bond on file with the City, in the amount of One Hundred Thousand Dollars ($100,000.00) as provided in the License Agreement. Pursuant to the terms of the License Agreement, Roanoke Gas Company will take all steps necessary to renew and maintain this bond. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such License Agreement. Christopher P. e r ill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director Public Works GAS PIPELINE LICENSE AGREEMENT THIS GAS PIPELINE LICENSE AGREEMENT is dated as of 12015, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "City "), and ROANOKE GAS COMPANY, a Virginia Corporation ( "Licensee "). RECITALS WHEREAS, Roanoke Gas Company maintains a natural gas pipeline on certain property of the City pursuant to Ordinance No. 19132, adopted by Roanoke City Council on April 20, 1970; WHEREAS, Roanoke Gas Company was granted an extension of the right previously granted to it to maintain its pipeline on City property pursuant to Ordinance No. 33009 - 070196, adopted by Roanoke City Council on July 1, 1996; WHEREAS, Roanoke Gas Company has requested an extension of the right previously granted to it to maintain its pipeline on City property; and WHEREAS, after public notice, City Council at a duly authorized and regular meeting, voted to grant Roanoke Gas Company, as Licensee, the right to maintain a pipeline on City property pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the City's grant to Licensee the right to maintain a pipeline on City property, the parties agree as follows: SECTION 1. DEFINITIONS. For the purposes of this License Agreement, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: a. "City" shall mean the City of Roanoke, Virginia. b. "City Manager" shall mean the person appointed City Manager by Roanoke City Council pursuant to the Roanoke City Charter or the City Manager's designee. In the absence of the City Manager, the term shall include a duly authorized Acting City Manager. c. "City Property" shall mean that certain real property owned by the City situate in Botetourt County, Virginia, and Roanoke County, Virginia, known as the Carvins Cove Reservoir property or Carvins Cove Watershed area. d. "License Agreement" or "Agreement" shall mean this Gas Pipeline License Agreement which grants the Licensee the non- exclusive right to construct, reconstruct, operate, maintain, and repair a Pipeline within certain Right -of -Way on City property, pursuant to the terns and conditions of this Agreement. e. "Licensee" shall mean the Roanoke Gas Company and Roanoke Gas Company's agents, servants, employees, contractors, subcontractors, and any other person or entity authorized by the Roanoke Gas Company to act on its behalf. f "Person" shall mean any person, firm, partnership, association, corporation, company, organization, or other entity. g. "Pipeline" shall mean an underground twelve (12) inch welded steel gas transmission pipeline with necessary related appurtenances, in a certain Right -of -Way existing on City Property. h. "Right-of-Way" shall mean a thirty (30) feet wide (measured on a horizontal plane across such right -of -way) gas Pipeline right -of -way approximately 14,129 feet in length (measured along the existing ground surface) under, through, and across certain City Property. The centerline of the right -of -way shall be located as set forth in section 5 of this License Agreement. SECTION 2. LICENSE GRANTED. The City hereby grants and Licensee hereby accepts, pursuant to the terms and conditions of this License Agreement, the nonexclusive right to construct, reconstruct, operate, maintain, and repair a Pipeline on certain Right -of -Way existing on City Property. The Pipeline of Licensee shall be located on the centerline of the Right -of -Way defined by Section 5 of this Agreement and at least thirty (30) inches below the surface of the Right -of -Way. The License granted to Licensee hereunder shall be for the sole purpose of constructing, reconstructing, operating, maintaining, and repairing the Pipeline for natural gas delivery and for no other purpose. SECTION 3. TERM. The term of this License Agreement shall be twenty (20) years, commencing on January 1, 2016, and terminating on December 31, 2035. SECTION 4. LICENSE FEE. (a) Licensee shall pay to the City an annual license fee for each calendar year of the tern of this License Agreement. The annual license fee for the first five (5) years of the tern (2016 through 2020, inclusive) shall be $1,954. (b) In order to maintain a license fee fair to the City and the Licensee throughout the term of this License Agreement, on the fifth anniversary of the commencement date of this Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down, to an amount determined by mutual agreement of the City and the Licensee. The City and Licensee agree to use a ten (10) percent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee are unable to agree on the license fee, then each shall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten (10) percent return rule agreed upon above. The average of the two values shall then be calculated, and the average shall be the license fee paid by Licensee for the succeeding five (5) years. (c) Any license fee adjustment under the formula established by subsection (b) above shall be calculated in the month of November, 2020, for the second five (5) years of the term (2021 through 2025, inclusive); and in the month of November, 2025, for the third five (5) years of the term (2026 through 2030, inclusive); and in the month of November 2030, for the fourth and final five (5) years of the tern (2031 through 2035, inclusive). (d) The annual license fee for calendar year 2016 shall be due and payable in advance on December 15, 2015; provided, however, for calendar year 2016, Licensee shall be entitled to a credit for any payments made for such calendar year under the previous Gas Pipeline Agreement. For calendar year 2017 and succeeding calendar years, the annual license fee for each calendar year of this Agreement shall be due and payable in advance on December 15 preceding each such calendar year. SECTION 5. RIGHT -OF -WAY CENTERLINE. (a) The centerline of the Right -of -Way which is the subject of this License Agreement shall be located as follows: (1) BEGINNING at a point on the top of Tinker Mountain in Botetourt County and on the division line between the land of the City of Roanoke and land of B. W. Hopkins, which point is approximately 223.0 feet southerly along said division line from an interior comer marked by a wooden post; thence, in a southerly direction across the land of the City of Roanoke a distance of 9,947.0 feet to a point on the division line between the land owned by said City of Roanoke and land owned by Julia K. Lawson, approximately 142.0 feet southeasterly from a pile of rocks at a corner on said property line, the centerline of the aforesaid right -of -way being shown, as through Parcel 16 -1, on Sheet No. 2 of the plans hereinafter mentioned; (2) BEGINNING again, at a point on the division line between the land of the City of Roanoke and the land of Julia K. Lawson, in Botetourt County, said point being located S. 740 15' W., 245.0 feet from an iron pin in County Road No. 648 at a comer in said division line; thence, from said BEGINNING POINT, in a southerly direction across land of the City of Roanoke a distance of 1,928.0 feet to a point in the division line between the land of the City of Roanoke and land owned by S. S. Dogan, which said point is N. 63° 00' W., 204.0 feet from an iron pin at a corner in said division line on the west side of the aforesaid County Road; the centerline of the aforesaid right -of -way being shown, as through Parcel 16 -2, on Sheet No. 3 of the plans hereinafter mentioned; and (3) BEGINNING at a point on the division line between land of the City of Roanoke and land owned by C. L. Pultz, said line being on the line between Botetourt County and Roanoke County; thence, across land of the City of Roanoke situate in Roanoke County, in a southwesterly direction 2,254.0 feet to a point on the north right -of -way line of Interstate Route 81, in Roanoke County, said right -of -way being shown, as through Parcel 16 -3, on Sheet No. 3 of the plans hereinafter mentioned. True copies of Sheets Nos. 2 and 3 of the plans aforementioned, numbered Plan C -1712, prepared by Ford, Bacon & Davis Construction Corporation, Engineers for Roanoke Gas Company, dated October 1, 1969, and December 4, 1969, respectively, and marked "Approved for Construction" under date of March 26, 1970, are on file in the Office of the City Clerk of the City, and, also in the Office of the Executive Director, Water Operations for the Western Virginia Water Authority, on which copies of said plans the location of the centerline of the Right -of -Way on the City Property is shown colored in red ink. SECTION 6. ACCESS. Licensee is granted a reasonable right of ingress and egress to the Right -of -Way over City Property for purposes of properly maintaining, operating, and repairing the Pipeline. Such access shall be by existing roads or roadways to or crossing the Right -of -Way or by additional roads or roadways constructed by Licensee at its cost at such locations and of such width as are approved in writing by the City Manager. Licensee shall, promptly, and at its expense, restore all existing roads or roadways or other property of the City damaged by Licensee's use thereof for purposes of the maintenance, operation, or repair of the Pipeline. SECTION 7. RIGHT OF WAY CLEARANCE. Licensee shall have the right to keep cut and cleared from the Right -of -Way all trees, shrubs, and brush deemed by Licensee to interfere with the maintenance, operation, or repair of the Pipeline. Licensee shall remove and dispose of all such cut trees, brush, and shrubs in accordance with any applicable laws, ordinances, and regulations. SECTION 8. USE OF CITY PROPERTY. It is expressly understood by Licensee that the City Property is owned and held by the City as a public watershed and water reservoir area and as a public recreational area and that Licensee shall not do any act or thing or permit or allow any act or thing to be done, except those things herein expressly permitted or allowed, which will damage, impair, or adversely affect the watershed area, water reservoir, public water supply, or use of the City Property as a recreational area. Licensee shall be responsible for any damage, impairment, or adverse effect on the City Property growing out of or directly or indirectly resulting from: (a) Licensee's use of the Right - of -Way; (b) the construction, reconstruction, operation, maintenance, or repair of Licensee's Pipeline; (c) the exercise of any right or privilege granted by or under the License Agreement; or (d) the failure, refusal, or neglect of Licensee to perform any duty imposed upon or assumed by Licensee by or under this Agreement. SECTION 9. SAFETY (a) The Pipeline shall be maintained and operated and any required reconstruction shall occur in strict accordance with those minimum approved standards and specifications set out in U.S. Department of Transportation 49 C.F.R. Parts 191 and 192: Transportation of Natural and Other Gas by Pipeline, as the same may be from time to time amended, superseded or replaced by the promulgators thereof, and any laws, ordinances or regulations applicable to the Pipeline. The Pipeline shall be equipped with and have installed check valves and excess flow valves adequate to prevent unnecessary escape of gas from the Pipeline in event of rupture. Any reconstruction of the Pipeline shall not be commenced until a permit therefor has been issued by the City Manager. The issuance of such permit shall not be unreasonably withheld. The City, through its agents, reserves the right to inspect the Pipeline and Right -of -Way and to initiate the revocation of this License in the event maintenance and operation of the Pipeline and the Right -of -Way shall not in all respects conform to the provisions of this License Agreement. (b) Licensee shall at all times keep the Pipeline in proper repair and safe condition and shall promptly make such repairs as are required to comply with the standards and specifications set out in Subsection (a) of this Section or as are necessary for protecting the safety of persons and property or for the protection of City Property. SECTION 10. RESTORATION OF RIGHT -OF -WAY SURFACE. Licensee shall restore the surface of the Right -of -Way or other land of the City disturbed or affected by any reconstruction, repair, maintenance, operation, or removal of the Pipeline in a manner so as to prevent erosion of the Right -of -Way as a result of such activities, and Licensee shall plant any disturbed or affected areas with grass seed or, if planting of any such area or areas is not practicable, Licensee shall construct terraces or slopes or other artificial structures so as to prevent soil erosion and to encourage wildlife habitat in the City Property. The requirement of seeding may be waived or modified by the City Manager with respect to any area of the Right - of-Way on which are intended to remain roadways or access ways. When, because of Licensee's maintenance, operation, construction, reconstruction, repair, or removal of the Pipeline, the safety of persons using City Property or the preservation and protection of the City Property requires that the Right -of -Way be further restored or protected against erosion or other damage, Licensee shall further restore, reseed, or otherwise protect the Right -of -Way when notified by the City Manager in a manner and with materials reasonably satisfactory to the City Manager. SECTION 11. NONEXCLUSIVE RIGHTS. The rights herein permitted are non - exclusive and are subject to such other rights, privileges, or interests in the City Property which may have heretofore been granted, conveyed, or permitted to others by the City or by the City's predecessors in title to said lands. When, because of the construction, reconstruction, repair, maintenance, operation, existence, or removal of the Pipeline, the property of others or the facilities of a public utility which has been granted a franchise, permit, or easement by the City, or by others, to use the City Property for its purposes is disturbed or in any way affected thereby, Licensee will construct, reconstruct, repair, or replace such facility in a manner satisfactory to and under the supervision of such other person or of the public utility to which such other franchise, permit, or easement has been granted. SECTION 12. HAZARDOUS AND TOXIC SUBSTANCES. While on or near City Property or Right -of -Way or in its performance pursuant to this Agreement, Licensee shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Agreement and in any event Licensee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances, or waste. SECTION 13. TAXES. Licensee shall be solely responsible for and shall pay and discharge all taxes which may be lawfully assessed upon its Pipeline constructed on City Property or upon City Property as a consequence of the existence of said Pipeline on the property. SECTION 14. LIABILITY. Licensee agrees and binds itself to indemnify, keep, and hold the City free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from: (a) Licensee's use of the Right -of -Way; (b) the construction, reconstruction, operation, maintenance, or repair of Licensee's Pipeline; (c) the exercise of any right or privilege granted by or under this License Agreement; or (d) the failure, refusal, or neglect of Licensee to perform any duty imposed upon or assumed by Licensee by or under this Agreement, including without limitation, all obligations with respect to hazardous and toxic substances as set forth in Section 12 of this Agreement. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Licensee on account thereof, Licensee, upon notice given to it by the City, will defend the City in any such action or other proceeding, at the cost of the Licensee. In the event of a final judgment being awarded against the City, either independently or jointly with Licensee, then Licensee will pay such judgment or will comply with such decree, pay all costs and expenses of whatsoever nature, including without limitation, all costs and expenses in eliminating or remedying any environmental violations, and hold the City harmless therefrom. SECTION 15. INSURANCE AND BOND REQUIREMENTS. (a) Requirement of insurance. Licensee shall, at its expense, obtain and maintain during the life of this License, the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the effective date of this Agreement. All such insurance shall be primary and noncontributory to any insurance or self - insurance the City may have. (b) Commercial General Liability. Licensee shall maintain during the life of its License, Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense, or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this License. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. (c) Contractual Liability. Licensee shall maintain during the life of its License broad form Contractual Liability insurance including the indemnification obligation set forth in Section 14 of this Agreement. (d) Workers' Compensation. Licensee shall maintain during the life of its License Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its License. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Licensee's insurance company shall waive rights of subrogation against the City, its officers, agents, and employees. (c) Automobile Liability. Licensee shall maintain during the life of its License Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its License. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d), and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $10,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d), and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance famished by Licensee to the City. (g) Evidence of Insurance. All insurance, shall be written on an occurrence basis. In addition, the following requirements shall be met: (1) The Licensee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, and employees as additional insureds with regard to general liability, and auto coverages and the certificate of insurance shall show if the policies provide such coverage. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement or any License granted under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (5) The Licensee shall notify the City in writing within ten (10) calendar days if any of the insurance coverages or policies are cancelled, changed, or modified and Licensee shall immediately replace such policies and provide documentation of such to the City. (i) Ranges and Limits. At the end of ten (10) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. 0) Bond. Licensee shall post and maintain for the term of this Agreement a performance bond in favor of the City in the amount of $100,000. The bond shall be conditioned upon Licensee's full and punctual performance of Licensee's obligations and undertakings under this Agreement. The bond shall be issued by a bonding company approved by the City and deposited with the City Clerk of the City. SECTION 16. FIRE PROTECTION. Licensee shall exercise all reasonable care and precaution to prevent the outbreak of fire on the City Property, and under no circumstance shall any clearing of trees, shrubbery, brush, or other natural matter be accomplished by burning. In the event of the existence at any time of forest fire in any area adjacent to or upon the Right -of -Way, Licensee shall, upon request of the City Manager, assist in combating such fire by supplying reasonable manpower and equipment for the purpose of controlling and extinguishing the same. SECTION 17. COMPLIANCE WITH ALL LAWS Licensee agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements and environmental regulations. Licensee further agrees that Licensee does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. SECTION 18. POLICE POWER. All rights and privileges granted hereby are subject to lawful exercise of the police power of the City to adopt and enforce local ordinances, rules, and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the City is the right to adopt such additional ordinances and regulations as are necessary for the lawful exercise of its police power, for the benefit and safety of the public. SECTION 19. LICENSEE TO OWN PIPELINE. Licensee shall, at all times during the term of this Agreement, be the sole owner of, and have full possessory rights to the Pipeline. SECTION 20. APPROVAL OF TRANSFER. No sale, assignment or lease by Licensee of the Pipeline or of the privileges granted under this Agreement shall be effective until Licensee's successor shall have agreed in writing with the City to accept the terms and conditions of this Agreement and to perform in accordance with its terns and conditions. SECTION 21. NONDISCRIMINATION. During the performance of this Agreement, Licensee agrees as follows (a) Licensee 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 Licensee. Licensee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. SECTION 22. NOTICE. All notices required under this License Agreement 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): Licensor: Licensee: City of Roanoke Roanoke Gas Company Attention: City Manager Attention: President 364 Municipal Building 519 Kimball Avenue, N.E. 215 Church Avenue, S. W. P.O. Box 13007 Roanoke, Virginia 24011 Roanoke, Virginia 24030 Notice shall be deemed delivered upon the date of personal service, five (5) days after deposit in the United States mail, or three (3) days after delivery to a nationally recognized overnight courier. SECTION 23. DRUG-FREE WORKPLACE (a) During the performance of this Agreement, Licensee agrees to provide a drug -free workplace for Licensee's employees; (b) For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract. SECTION 24. 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 25. SEVERABILITY. If any provision of this License, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the License shall not be affected and all other terms and conditions of the License shall be valid and enforceable to the fullest extent permitted by law. 10 The City has adopted the City of Roanoke Right of Way Excavation and Restoration Standards - Revised July 1, 2013, and as they may be amended. Should there be any conflict between the provisions of this Agreement and such Standards, the more stringent provisions shall apply. SECTION 27. FORUM SELECTION AND CHOICE OF LAW. This License shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue and any actions for any litigation, suits, and claims arising from or connected with this License shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this License voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. SECTION 28 COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Licensee shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a business entity organized as a stock or nonstoek corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Licensee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the License. The City may void the License if the Licensee fails to remain in compliance with the provisions of this section. SECTION 29. ENTIRE CONTRACT. This License, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This License may be amended only by written instrument properly executed by the parties. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: Printed Name and Title (SEAL) WITNESS: Printed Name and Title Approved as to form: City Attorney Approved as to Execution: Attorney Authorized by Ordinance No. ROANOKE GAS COMPANY Printed Name and Title CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager IN BID FORNI FOR A GAS PIPELINE LICENSE AGREENIENT TO CONSTRUCT, RECONSTRUCT, OPERATE, NIAINTAIN, AND REPAIR A CERTAIN GAS TRANSMISSION PIPELINE RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the tune set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE TIME, AND DELIVERY OF BID: All bids are duc on or before Noon, 12:00 p.m., local time, Monday. Novenbber l6. 2015, and are to be delivered to the address listed below. The completed Bid Fonn, together with any other documents the Bidder wishes to submit. should be enclosed in a scaled envelope and addressed as folloos: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church A,, ^awe. S.N. Roanoke. VA 24011 Place in font lower left -hand corner of encclope and on the back of the envelope in bold letters the following title: "BID FOR BXECtJI ION OF GAS PIPELINE LICENSE AGREEMENT, '10 BE OPENED AT THE CITY COUNCIL MEET ING AT 2:00 P.M. ON NOVEMBER 16. 10 15," Date: November 5 . 2015 Roanoke Gas Company proposes and agrees, if its paw wmenf alddan Bid is accepted. to enter into and be bound by it Gas Pipeline License Agreement, a copy of which is on file in the Office of the City Clerk for the Cip of Roanokc. Room 456, Noel C. Taylor Municipal Building. 215 Church A%enue, S.W., Roanoke, Virginia 24011. Furthern ore. the undersigned Bidder warrants that it can and keill comply kith the provisions of such Gas Pipeline License Agrecmcnt. Bid: Bidder agrees that annual payments will be made according to the Gas Pipeline License Agreement. Payment is duc to the City in accordance hcith the tens of die Gas Pipeline I icense Agreement. Bid Term: Up to Toenty (20) years. commencing on Januan L 2016. and ending or terminable pursuant to the terms of the Gas Pipeline License Agreement. Bid. Bidder a- , rees. if its bid is accepted. to execute. deliccr. and perform all terms and conditions of the Chas Pipeline I icense .Aereemem. it copy of Miich is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. 215 Church Avenue, S.W.. Roanoke_ Virginia 14011. Bid: The certificate of public Convenience and necessity issued to the bidder by the Virginia State Corporation Commission. is attached hereto as Exhibit A and made a part hereof. Bid: Bidder has submitted it timely bid for a certain franchise to construct, reconstruct. Operate. maintain. repair. and extend a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Franchise Agreement. and, if a" arded to this Bidder, to execute such Franchise Agreement. Bidder agrees. if its bid is accepted, to reimburse the City for the costs of any adceiiisements for this matte. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC). or the complete legal name of Bidder if it is not a corporation. I FG.AL NAME OF BIDDER: Roanoke Gas Company BY: (�Y�O 11 IITT E President & Chief Executive Officer (Punted Title) Sohn S. D'Orazio (Printed Namc) STREFI .ADDRESS: 519 Kimball Avenue, NE, Roanoke, VA 24016 MAILING ADDRESS: P.O. Box 13007 ('I "I Y: Roanoke STATE: Virginia .ZIP CODF:24030 -30.07 TELFPHONE: 540- 777 -4427 __ FAX: 540- 777 -2636 Bidders SCC Identification Number: 00094706 _ I EXHIBIT A COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION —0 — CERTIFICATE NO. G -22d --0— ROANOKE_GAS COMPANY by this Certificate of Public Convenience and Necessity is bereby authorized under the Utility Facilities Act to furnish — gas __ service in the City of Roanoke, in the Towns of Salem and Vinton, and in the territory shown in Roanoke County, (Note: This Certificate No. G -22d cancels and replaces Certificate No. G -22c, issued on September B, 1964.) as outlined on the attached map stamped — Received ---10Ltnhar 7y 1965 Dated at Richmond, Va. October-19- 1 9 6 5. STATE CORP M R /-7° Comtnfssi~r CITY OF ROANOKE -CLERKS OFFICE 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 The Roanoke Tim�sTf I,LEkk.Hcc PIuV 16pr1ol" Account Number Roanoke, Virginia 6007932 Affidavit of Publication Date November 09, 2015 Date Category Description Ac! Size Total Cosl 1111512015 Moniapal Notices ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 190 L 1,80280 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 11/02,11/09/2015 The First insertion being given ... 11/02/2015 Newspaper reference: 0000234320 fling Representative Sworn to and subscribed before me this Monday, November 9, 2015 r. s Notary`E Iblic <? M F FiL?: State of Virginia - 4. City/County of Roanoke My Commission expires n .tqt fHI515 NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Gas Pipeline License Agreement Pursuant to the requirements of Section 152 2100, at seq., Code of Virginia Roanoke, l (195d, as mended, the City of Virginia (City) hereby gives notice that the City is Inviting bids from qualified bidders for the right to ...stmd reconstruct, operate, maintain, and repair a of trapperee n pipeline for a ten f twenty years within a certain rightaf -way approximately 14,129 feet in length on City owned properly known as the Garvin Cove Reservoir property in Botetiourt County, Virginia. and Roanoke County, Virginia. Any bidder shall be able to provide sufficient evidence that such bidder an ordinance to that the City Clerk, Room 456. noel C. Taylor Municipal Willing, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the essary bid farm available. The proposed ordinance, proposed Gas Pipeline License Agreement, and bid form will be available at the City Clerk's Office on and after Monday. November 2. 2015. Any interested entity is invited to submit a wrM1var bitl. Including a completed bid form, for the proposed Gas Pipeline License Agreement as described above. Each bidder shall submit the following information: 1. The legal more of the entity submitting the bid, including the Identification number Issued to it by the Virginia State Corporation Commission. 2. The certificate of public convenience and necessity issued to the bidder by the Virginia State Corporation Commissary. 3. The bidders agreement t0 execute, deliver, and perform the Gas Pipeline License Agreement. 4. The bidder's agreement to bid on add, if awarded, to eyesore the Franchise Agreement. 5.Other Information as the bidder deems appropriate. Items 3 and 4 may be submitted as a shod narrative statement. Bids are to be submlttetl In a sealed envelope or container to the City Clerk at the add.... noted above on or before Noon, 12:0 p.al local time, Monday, November 16, 2011 The reopme of the bid envelope si be marked as follows: "BID FOR EXECUTION OF GAS PIPELINE LICENSE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:0 P.M. ON NOVEMBER 16.2015." The bid should be addressed 24011. All bids received the City Clerk, f1wem p.m., local time, on Mond 16, 2015, at which time delivered to the Corn Room 450, noel C. Tay spading, 215 Church I Roanoke, Virginia 24011 . be publicly opened and The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, ulan waive any informality irregularity in the bids Ived, and to accept the bid which is deemed to be In the best interest of the City. The entity to wham the Gas Pipeline License Agreement may be granted and awarded shall reimburse the City for the costs of any advertisement, for this matter. Pursuant to the requirements of Sections I5,2 210, at seq., and Protons 15.2 - 180(8), 15.2 -1813. antl 15.2 -2204, Code of Virginia (1950), as amended, ..lice is hereby given that the Council of the City of Roanoke will hold a public hearing on the Gas Pipeline License Agreement at Its regular meeting to be held on Monday, November 16, 2015, at Top p.hl local firm. or as soon thereafter a, Council 1 available, In the Council Chamber, Room 450. Neel C. Taylor Muoidled Builtling, 215 Church Avenue, S.W.. Roanoke. Viginia 24011. For further information on Me Gas Pipeline License Agreement. you may contact the office capveoflLthe Clerk proposed Gas Pipeline License Agreement will be available at the City Clerk's Office on and after Monday,NOVember2.2015. All parties and interested persons may appear on the above date and time and be heard on the matter d you are a person who needs plcommontactthe Cary Clerlts hearing ic t please 853 -2541 before ,2 005 Noon on True TM1Ursaay, November 12, 2 GIVEN under my hand this 27th day of October, 2015. Stephanie M. Me nReyndid', City Clerk (234320) 4u ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Gas Pipeline License Agreement Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for the right to constmct, reconstruct, operate, maintain, and repair a gas transmission pipeline for a term of twenty years within a certain right -of -way approximately 14,129 feet in length on City -owned property known as the Carvins Cove Reservoir property in Botctourt County, Virginia, and Roanoke County, Virginia. Any bidder shall be able to provide sufficient evidence that such bidder will be able to construct, reconstruct, operate, maintain, and repair a certain gas transmission pipeline and execute the proposed Gas Pipeline License Agreement, subject to all of its terms and conditions. Any bidder shall also be able to provide sufficient evidence that such bidder will be able to enter into and perform a Franchise Agreement to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system in the City of Roanoke, Virginia, upon certain terms and conditions (Franchise Agreement). If the City elects to award and execute the Gas Pipeline License Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance, authorizing execution of the Gas Pipeline License Agreement, is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Gas Pipeline License Agreement, and bid foam will be available at the City Clerk's Office on and after Monday, November 2, 2015. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Gas Pipeline License Agreement as described above. Each bidder shall submit the following information: The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. The certificate of public convenience and necessity issued to the bidder by the Virginia State Corporation Commission. The bidder's agreement to execute, deliver, and perform the Gas Pipeline License Agreement. 4. The bidder's agreement to bid on and, if awarded, to execute the Franchise Agreement. Other information as the bidder deems appropriate. Items 3 and 4 may be submitted as a short narrative statement. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time, Monday, November 16, 2015. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF GAS PIPELINE LICENSE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON NOVEMBER 16, 2015." The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, November 16, 2015, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Gas Pipeline License Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Pursuant to the requirements of Sections 15.2 -2100, et seq., and Sections 15.2- 1800(B), 15.2 -1813, acrd 15.2 -2204, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the Gas Pipeline License Agreement at its regular meeting to be held on Monday, November 16, 2015, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on the Gas Pipeline License Agreement, you may contact the Office of the City Clerk at (540) 853 -2541. A copy of the proposed Gas Pipeline License Agreement will be available at the City Clerk's Office on and after Monday, November 2, 2015. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 Noon on Thursday, November 12, 2015. GIVEN under my hand this 27th day of October, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, November 2, 2015 and once on Monday, November 9, 2015. Please send bill and affidavit of publication to: Stephanie M. Moon City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Spite 456 Roanoke, Virginia 24011 -1536 TelepLnnc (501))953 -2541 Enx: (5411)853 -1145 S'1'1:1- 11ANIE M. MOON R4:YNOLDS, MM(. P:mail: derk(n'rnnno keva.8nc CECEL1AT. WEDH,CMC City ('lerk Acting Depnly City Clef k November 17, 2015 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40401 - 111615 amending and reordaining Article Il, Election Districts Voting Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke (1979) as amended, to establish one election district, 21 voter precincts and 21 polling places within the election district, and one central absentee voter precinct; effective December 31. 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2015; and is in full force and effect upon its passage. \,�_ Sincerely, AioO_ tJ f r 1 - � N4 X 11ti Stephanie M. Moon Reynolds, MMC _ City Clerk Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2015. No. 40401 - 111615. AN ORDINANCE amending and reordaining Article 11, Election Districts, Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to establish one election district, 21 voter precincts and 21 polling places within the election district, and one central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has maintained 32 separate voter precincts throughout thc_City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building for several years; WHEREAS, in 2011, Council of the City of Roanoke requested the Roanoke Electoral Board (the "Electoral Board ") to review the current alignment and composition of voter precincts and make recommendations to the Council with respect to the consolidation or realignment of voter precincts within the City; WHEREAS, the Electoral Board presented a proposed realignment of voter precincts within the City that would reduce the number of voter precincts from 32 to 26 and maintain one (1) absentee voter precinct; WHEREAS, the Council expressed concerns over this proposal and requested the Electoral Board to review the entire electoral precinct map and develop an alternative proposal; WHEREAS, the Electoral Board, the Registrar, GIS staff, and staff from the City Planning, Building and Development Department assembled to consider the creation of a new electoral precinct map; C\ Users \C1[cJ \App Wla\UcaPTemp\nMt E EF34T=jn0 Rmignment2015 Revisions - nma 11[6.15- Cteandocx I WHEREAS, this group considered the requirements of the Code of Virginia, the current configuration of House of Delegate Districts, and availability and accessibility of polling places and developed a plan which created 19 voter precincts within the City and maintained one (1) absentee voter precinct; WHEREAS, the Electoral Board hosted five (5) informational sessions in various parts of the City in the summer of 2012 so that citizens could attend to express their opinions of the proposed voter precinct plan; WHEREAS, Council set the proposal of the Electoral Board for a public hearing on November 19, 2012; WHEREAS, several citizens appeared before Council at the public hearing to express their concerns regarding the proposed realignment of the voter precincts; WHEREAS, Council did not vote to adopt or reject the proposed voter precincts prepared by the electoral board; WHEREAS, Council adopted a Resolution No. 39564 - 010713 on January 7, 2013, to create a citizen's task force "to review the current alignment of the City's voter precincts, Electoral Board proposal, and the voting process and to make recommendations to City Council;" WHEREAS, the Election Precincts Task Force organized, met, and held public hearings in accordance with the directives of Resolution 39564- 010713 and submitted its recommendation to City Council on May 14, 2013 (the "Task Force Recommendation "); WHEREAS, the Task Force Recommendation proposed the creation of 20 voter precincts within the City and one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, the Election Precincts Task Force appeared before Council at a work session of Council on June 3, 20t 3, to respond to questions from Council; C. �UsaslCllcl AAppDnmALamlATempAnomsEI EF34Tice111d RmIignine1112015 Itevlsions- M11 11.16.15 -O, n_d.ex 2 WHEREAS, Council directed the City Attorney to prepare an ordinance that would adopt the Task Force Recommendation to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, during a review of the proposed ordinance to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building, City staff, including the General Registrar, the City Attorney, and GIs staff discovered that the current boundaries of House of Delegates Districts 1 I and 17 did not follow the precinct lines as established in current City Code; WHEREAS, Council tabled further discussion of any precinct realignment until City staff could explore the possibility that the General Assembly would amend the boundaries of House of Delegates Districts I1 and 17 to conform those boundaries to the existing City precinct boundaries; WHEREAS, the General Assembly did not consider any adjustment to the boundaries of House of Delegates Districts 11 and 17 during the 2015 session of the General Assembly; WHEREAS, City staff worked with Council Member Bestpitch to develop a precinct realignment plan that created 21 precincts within the City and maintained one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; and WHEREAS, Council authorized the scheduling of a public hearing on Monday, November 16, 2015, to consider adoption of an ordinance to establish one (1) election district within the City, create 21 voter precincts and 21 polling places within the election district, and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: C ls"T] I, IA A1PDM1q .oczl'TCmpinulcsEIH- 3J,Pncinq Rwlipnmcut 2015 Rcv,, ,,,- ncffl1LI615- Ci�n &,x 3 Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordamed to read and provide as follows: MR city in ejeRtions , pyrsya.�., at ...v.� eek3ral rrhewee, w#H �a et�t>{er ir4' {vankdii- tad- te- A4a�ska!,�,�, ,l.W7;- t#xwc�y with -l�° p ".,r„ call fkvEwei- -k�et'r„ran� I pline to 1.,«^.,.«.. _ Ro « ,r- the- eei�ta, �. ,2„= rsta4e- Rtsete- A4>- SR -F -te C.,Us«xVCIIdAAppDa U,L aIAT...... tes[I EFJVVPrecinct Realignmctrt 2015 Rcvaioia DMI 11 J 6.15- Cleuadocx p 11 11111; lllll!jl F�-gwwwrf' Nil WIN 1""I'lli Nte�w &'Ft�Ixfi�tete- Reefer^ -.a.- . °,- .o- a:2T.e; .a41e- and- Vde,fe::...,...,vui`r+51tt_ ,m- �+ni- •�•zekt'F -F- reeler- kltt�„1:. ...,, - svay- {+ne- t "-�- vt*ttae-- �F� ;�eriec, - Raerwe; S:- fF>};{ ev<. wNi-$ EteeN ;- S.-- t�tefaee ;iv+E4FiNe- c�.wk, „r,�-- L�'.�- .� -•�. <,,r.. -.. « M�eiiee- S- € =.= Ntw�,.; wi+#{{ �: a= twk�i- t>f- Alktetnsrle- �,vev ;�: -�. °., ;o- LV+Nic3mstnt {k' k- 8nxxet Zvi{ k+ -Nw +rtvtier ef- VJfF4iatt�sNrr- Ik*ad- ta- F;L',rM�.;ae .£:; 44"', CWsaiy Cllcl App Dula Lmnl'Cwnp nnmFEl ❑1931'meiiwi ltu,illgnmwn ?015 Rcvkinnv- Oma 111615 - Clan. 5 begn*-Plg- C261iiei: MINOR - e e sfl'CY Fa'1TCCa:.:.;: ^..,. 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She Rd lFeotioH :N , 6 Hills Go { �e, :hen , .,�. -..,g--4{12 FHf} -)B[ d{ ENt��--({? tS- {�Ettl- f4}P4klFdiH- �cc• "a2m -�ci 3-- �Ht{ d- 3.d}2t't't?- �Y}ttfl'*'T °iv„�1i iSeS- -4i,,t ke*ari3� C. \USas \Cllc \AppOUWWucul \Temp�nnms El EI9PPieclna Reuli6��������1'lllS Reunions- Dm111L16.15- Cloen.docx 17 y b6 �11 Allenue, S.W.; thence, With the „s e,.,r,._,..., th subdivisien to casspil i _ c i the T°mzr— vrCaiseir- i -3tiw , A€- hegffHm*g- r s , t n ,, o4_44, tiT T. ,..:�$4"4, S.W. ;. 4herze+'; . a t+ tit+- l+ ae- ap- xoxtfrtaEely A}E)J1cet to -N+e ewc}of Roy4)ft_ W, 44 > ,- alfm�fk ekf 7�(S e -f i+era- Idt+e,- Ry{ho-nt4er;tee{+e +n e€ C- areh+++ r- Read- a+3"- b&-- R�N *7 2LI - dthe +K.*akr>Err {+eraN r{iE4i,c,, - ..e>rper�+tietr- ltfltr4e 44+e4++4�, c+4itra of 4h,- {avrl)f+,: J Soatl�est 244- -b' +y- 4ir{e- �+al} {Ire- 7+Fc+r441k -afid Y><eti{ertt Railway- {Wiask+t*- Sal+', te- {3ivisiea ++)- right- err_wey- Itl +e; 4heaee:, WHlh. 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Oil the old ( 943) . e � .M,eettE Pleasant F3eeleValnl, S-H, t.ten.., ...::r.::....e:.0 �I.,,.'.,,e,- �.a;, --R, the ein po tif)n �r '}actra{+ettr- ti+�r„- f13eI�;�� �ri1 {<,;rR.�e- ,;,� "- �trryer. •,�.,,��'.. = .i- ;-- n-- Nei+H- wHete -iF i+tfl'i•�et'rfl3c i�4iFF -M:�}- S� ':it�k- t�te�2; .I rte- e3F -4#3e M}k }- A9rxx;' nom'"" "¢-t e- tcj- iEti-- i+3ter:,ta- +vitlrElte- x}943 }- cxal}'aki<>it #irxr;- tkwee; { dat tg with Rive ,I*n'd- o •I. •}xti+3t- <t#�{3egitti3ing: ';cc tl 0 - RE}- Sat3ae.-- 1Fe[ienP4ace: Cnllscry CIIc PAppOmu`LnenP'fcmp' nmesL l EF34%Pmcind Reali6nn,cm21115 Rcvisimn- oidl 11- 16.15 - Cleaadacx 19 'fl EL - iH- �iiH<ieH 1 1,,. T"`�.,r;;15 —tea �i `-- t- ec'�ncF- ska1.�....,..� G.r,e,- "�1e.���.,�::.:y Sc,t.; .. Itac:a-,'.;'?.., .....ten Article II - Iilcetion DisU-ict- Voter Precincts and 11,11.. Places Sec. 10 -14. Generally. The krlitory embraced within the corporate limits of the city is hereby established as one election district, and voter precincts and polling places shall be established in such election district as set forth in the following sections of this chapter. Sec. 10 -15. Alternative Polling Places. Should the polling place established by any section of this chapter be unusable or inaccessible, as the result of an emergency, the electoral board shall provide an alternative polling place in accordance with Section 24.2- 310(D), Code of Virginia (1950), as amended. Sea 10 -16. Central absentee voter Drecinct. (a) In accordance with Section 24.2 -712 of the Code of Virginia (1950), as amended, a central absentee voter precinct is hereby established at the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., at which all absentee ballots will be received, counted, and recorded for all elections held in the city. (b) The city manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within the Noel C. Taylor Municipal Building for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the management and control of the electoral board. Sec. 10 -17. Voter Precinct No,, 1, Peters Creek Precinct — Boundaries The boundaries of Voter Precinct No. 1, Peters Creek Precinct, are as follows: Beginning at the intersection of Peters Creek Road, N.W., and Interstate 581, thence, South along the centerline of Interstate 581 to Hershberger Road, N.W.; thence, West along the centerline of Hershberger Road, N.W., to Westside Boulevard, N.W -; thence, South along the centerline of Westside Boulevard, N.W., to Melrose Avenue, N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Peters Creek Road, N.W.; thence, Noah along Peters Creek Road, N.W., to Peters Creek; thence, North along Peters Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. C: \Uses \Cllel \AppDeta \Local \Teinp\notes E l EF34\Precinrt Rolignment2015 Revisfcru - Doft 11.16.15- Clemidre, 20 Sec. 10-18. Same — Polliue Place The polling place in Voter Precinct No. 1, Peters Creek Precinct, is hereby established at the Ruffner Operations Center, located at 3601 Ferncliff Avenue, N.W. See. 10 -19, Voter Precinct No. 2 Grandview Precinct — Boundaries. The boundaries of Voter Precinct No. 2, Grandview Precinct, are as follows: Beginning at the intersection of Williamson Road, N.W., and Heshberger Road, N.W.; thence, South along the centerline of Williamson Road, N.W., to Oakland Boulevard, N.W.; thence, West along the centerline of Oakland Boulevard, N.W., to its intersection, if extended, with Interstate 581; thence, South along the centerline of Interstate 581 to 10"' Street, N.W.; thence, South along the centerline of 10 °i Street, N.W., to Grayson Avenue, N.W.; thence, West along the centerline of Grayson Avenue, N.W., to Thomas Avenue, N.W.; thence, West along the centerline of Thomas Avenue, N.W., to 12`h Street, N.W.; thence, North along the centerline of 12a' Street, N.W., to Syracuse Avenue, N.W., thence, West along the centerline of Syracuse Avenue, N.W., to 16 °i Street, N.W.; thence, North along the centerline of 16a' Street, N.W., to Andrews Road, N.W.; thence, West along the centerline of Andrews Road, N.W., to Cove Road, N.W.; thence, West along the centerline of Cove Road, N.W., to Hershberger Road, N.W.; thence, East along the centerline of Hershberger Road, N.W., to the Point of beginning. Scc.10 -20. Same— Polline Ptace. The polling place in Voter Precinct No. 2, Grandview Precinct, is hereby established at St. James Episcopal Church, located at 4515 Delray Street, N.W. Sec. 10 -21. Voter Precinct No. 3, Preston Park Precinct — Boundaries. The boundaries of Voter Precinct No. 3, Preston Park Precinct, are as follows: Beginning at a point on the Northerly City Limit Boundary where it intersects with the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Nor -folk Southern Railway Company to Hollins Road, N.E.; thence, West along the centerline of Hollins Road, N.E., to Huntington Boulevard, N.E.; thence, West along the centerline of Huntington Boulevard, N.E., to Oliver Road, N.E.; thence, North along the centerline of Oliver Road, N.E., to Fleming Avenue, N.E.; thence, West along the centerline of Fleming Avenue, N.E., to Oakland Boulevard, N.E.; thence, South along the centerline of Oakland Boulevard, N.E., to Williamson Road, N.W.; thence, North along the centerline of Williamson Road, N.W., to Hclshbergel Road, N.W.; thence, West along the centerline of Hershberger Road, N.W., to Interstate 581; thence, North along Interstate 581 to the City Limit Boundary; dncnce, clockwise along the City Limit Boundary to the point of beginning. Cr \lke}xlClle I1ApppnwLLOCallTcinp \notesL +I EF34,P,,,.,I RcaGg11n1en12I5 Ruvfsimis - DralI I I.If, 15 -Clean dheo 21 See. 10-22. Same - Polling Place The polling place in Voter Precinct No. 3, Preston Park Precinct, is hereby established at the Preston Park Recreation Center, located at 3137 Preston Avenue, N.W. Sec. 10 -23. Voter Precinct No. 4. Williamson Road Precinct - Boundaries. The boundaries of Voter Precinct No. 4, Williamson Road Precinct, are as follows: Beginning at the intersection of Old Mountain Road, N.E., and Hollins Road, N.E.; thence, South along the centerline of Hollins Road, N.E., to Liberty Road, N.E.; thence, West along the centerline of Liberty Road, N.E., to Plantation Road, N.E.; thence, South along the centerline of Plantation Road, N.E., to Murrell Road, N.E.; thence, West along the centerline of Murrell Road, N.E., to Midland Street, N.E., thence, South along the centerline of Midland Street, N.E., to Laconia Avenue, N.E.; thence, West along the centerline of Laconia Avenue, N.E., to Williamson Road, N.E.; thence, North along the centerline of Williamson Road, N.E., to Liberty Road, N.W.; thence, West along the centerline of Liberty Road, N.W., to Interstate 581; thence, North along Interstate 581 to the intersection of Oakland Boulevard, N.W., as extended; thence, East along the centerline of Oakland Boulevard, N.W., to Oakland Boulevard, N.E.; thence, North along the centerline of Oakland Boulevard, N.E., to Fleming Avenue, N.E.; thence, East along the centerline of Fleming Avenue, N.E., to Oliver Road, N.E.; thence, South along the centerline of Oliver Road, N.E., to Huntington Boulevard, N.E.; thence, East along the centerline of Huntington Boulevard, N.E., to Hollins Road, N.E.; thence, East along the centerline of Hollins Road, N.E., to the point of beginning. Sec. 10 -24. Same--Polling Place. The polling place in Voter Precinct No. 4, Williamson Road Precinct, is hereby established at Noel C. Taylor Academy at Oakland School, also (mown as Noel Taylor Academy at Oakland, located at 3229 Williamson Road, N.W. Sec, 10 -25. Voter Precinct No 5, East Gale Precinct - Boundaries. The boundaries of Voter Precinct No. 5, East Gate Precinct, are as follows: Beginning at a point on the City Limit Boundary that intersects Orange Avenue, N.E:.; thence, clockwise along the City Limit Boundary to Gus Nicks Boulevard, N.E.; thence, North along the centerline of Gus Nicks Boulevard, N.E., to Kin!, Street, N.E.; thencc, East along the centcrlinc of King Street, N.E., to Orange Avenuc, N.E.; thencc, West along the wntorifne of Orange Avenue, N.E., to Tinker Cieck; thence, North along Tinker C'reck to Old Mountain Road, N.E.; thence, South along dx: amterline of Old Mountain Road, N.E., to Hollins Road, N.E.; thence, East along the centerline ofIfollins Road, N.E., to the North -South line of the Norfolk SO1111'1e1'll Railway Company; thence, North along the Nor-th- Soulh line of the Norfolk Soulhcm Railway Company to the ('fly Limit C +U1111('iIII APPOmu Lace l Tcni..nolc5 E 111194 P,,cmo Rudignmcnl 2015 RCVICIOUV- Dmn 11.16.15 -Clcmi dncx 22 Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10-26. Same — Polling Place. The polling place in Voter Precinct No. 5, Past Gate Precinct, is hereby established at East Gate Church of the Nazarene, located at 2002 Eastgate Avenue, N.E. Sec. 10 -27, Voter Precinct No. 6, Hollins Road Precinct— Boundaries. The boundaries of Voter Precinct No. 6, Hollins Road Precinct, are as follows: Beginning at a point where Tinker Creek intersects Old Mountain Road, N.E.; thence, South along Tinker Creek to Orange Avenue, N.E.; thence, East along the centerline of Orange Avenue, N.E., to King Street, N.E.; thence, West along the centerline of King Street, N.E., to Gus Nicks Boulevard, N.E.; thence, South along the centerline of Gus Nicks Boulevard, N.E., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Dale Avenue, S.E.; thence, West along the centerline of Dale Avenue, S.E., to 13th Street, S.E.; thence, North along the centerline of 13 °i Street, S.E., to Wise Avenue, S.E.; thence, East along the centerline of Wise Avenue, S.E., to 14 °i Street, S.E.; thence, North along the centerline of 14o' Street, S.E., to Norfolk Avenue, S.E.; thence, East along the centerline of Norfolk Avenue, S.E., to Hollins Road, N.E.; thence, North along the centerline of Hollins Road, N.E., to the East -West line of the Norfolk SOUthent Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to Interstate 581; thence, North along Interstate 581 to Liberty Road, N.E.; thence, East along the centerline of Liberty Road, N.E., to Williamson Road, N.E.; thence, South along the centerline of Williamson Road, N.E., to Laconia Avenue, N.E.; thence, East along the centerline of Laconia Avenue, N.E., to Midland Street, N.E.; thence, North along the centerline of Midland Street, N.E., to Murrell Road, N.E.; thence, East along the centerline of Murrell Road, N.E., to Plantation Road, N.E.; thence, North along the centerline of Plantation Road, N.E., to Liberty Road, N.E.; thence, East along the centerline of Liberty Road, N.E., to Hollins Road, N.E.; thence, North along the centerline of Hollins Road, N.E., to Old Mountain Road, N.F.; thence, North along the centerline of Old Mountain Road, N.E., to the point of beginning. Sec. 10 -28. Same - Polling Place. The polling place in Voter Precinct No. 6, Hollins Road Precinct, is hereby established at the Public Works Service Center, located at 1802 Courtland Road, N.E. Sec. 10 -29, Voter Precinct No 7 Southeast Precinct= Boudaries. The boundaries of Voter Precinct No. 7, Southeast Precinct, are as follows: C.AUsersVCllc[lAppDoll%l c,i lA Te, npAnot,,ElEE34\Prc,,n,lR,nlignnanl 21115 Rc1k,,iu -Drell ILI5.15- CIwn.Aocx 23 Beginning at a point where Dale Avenue, S.E., intersects the City Limit Boundary; thence, clockwise along the City Limit Boundary to its intersection with the Roanoke River; thence, West along the Roanoke River to Walnut Avenue, S.E.; thence, West along the centerline of Walnut Avenue, S.E., to the Roy L. Webber Expressway (also known as Interstate 581); thence, North along the Roy L. Webber Expressway (also known as Interstate 581) to Elm Avenue, S.E.; thence, East along the centerline of Elm Avenue, S.E., to Bullitt Avenue, S.E.; thence, East along Bullitt Avenue, S.E., to 11 °i Street, S.E.; thence, north along the centerline of I1 °' Street, S.E., to Tazewell Avenue, S.E.; thence, East along the centerline of Tazewell Avenue, S.E., to 11 °i Street, S.E.; thence, North along the centerline of II" Street, S.E., to Church Avenue, S.E.; thence, East along the centerline of Church Avenue, S.E., to 12 °i Street, S.E.; thence, North along the centerline of 12 °i Street, S.E., to the East -West line of the Norfolk Southem Railway Company; thence, East along the East -West line of the Norfolk Southern Railway Company to Hollins Road, N.E.; thence, South along the centerline of Hollins Road, N.E., to Norfolk Avenue, S.E.; thence, West along the centerline of Norfolk Avenue, S.E., to 14" Street, S.E.; thence, South along the centerline of 14 °i Street, S.E., to Wise Avenue, S.E.; thence, West along the centerline of Wise Avenue, S.E., to 13d' Street, S.E.; thence, South along the centerline of IP Street, S.E., to Jamison Avenue, S.E.; thence, East along the centerline of Jamison Avenue, S.E., to where it becomes Dale Avenue, S.E.; thence, East along Dale Avenue, S.E., to the point of beginning. Sec. 10 -30. Same — Polling Place. The polling place in Voter Precinct No. 7, Southeast Precinct, is hereby established at Jackson Park Library, located at 1 101 Morningside Street, S.E. Sec. 10 -31. Voter Precinct, No 88 Lincoln Terrace Precinct - Boundaries. The boundaries of Voter Precinct No. 8, Lincoln Terrace Precinct, are as follows: Beginning at the intersection of 10"' Street, N.W., and Interstate 581; thence, South along Interstate 581 to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to 15d' Street, N.W., as extended from Shenandoah Avenue, N.W.; thence, North along the centerline of 15d' Street, N.W., to Hanover Avenue, N.W.; thence, East along the centerline of Hanover Avenue, N.W., to 13 °i Street, N.W., to where it becomes Rugby Boulevard, N.W.; thence, North along the centerline of Rugby Boulevard, N.W., to 14 °i Street, N.W.; thence, North along the centerline of 14a' Street, N.W., to Syracuse Avenue, N.W.; thence, East along the centerline of Syracuse Avenue, N.W., to 12 °i Street, N.W; thence, South along the centerline of 12 "' Street, N.W., to Thomas Avenue, N.W.; thence, East along the centerline of Thomas Avenue, N.W., to Grayson Avenue, N.W.; thence, East along the centerline of Graiyson Avenue, N.W., to 10d' Street, N.W; thence, North along the centerline of 10 Street, N.W., to the point of beginning. C \U leis \ClioAAppD.( 0.T ..ATemp\no6sfll EP34\Precino Realigwnani 2015 Revisions -Draft 11.16.15- Clenn.docx 24 Sec. 10-32. Same - Polling Place The polling place in Voter Precinct No. 8, Lincoln Terrace Precinct, is hereby established at the Lincoln Terrace Elementary School, located at 1802 Liberty Road, N.W. Sec. 10 -33. Voter Precinct No. 9. Highland precinct- Boundaries. The boundaries of Voter Precinct No. 9, Highland Precinct, areas follows: Beginning at the intersection of the East -West line of the Norfolk Southern Railway Company and 12" Street, S.E., as extended from Norfolk Avenue, S.E.; thence, South along the centerline of 12" Street, S.E., to Church Avenue, S.E.; thence, West along the centerline of Church Avenue, S.E., to I I" Street, S.E.; thence, South along the centerline of 1 I" Street, S.E., to Tazewell Averme, S.E.; thence, West along the centerline of Tazewell Avenue, S.E., to I I" Street, S.E.; thence, South along the centerline of I I1ll Street, S.E., to Bullitt Avenue, S.E.; thence, West along the centertine of Bullin Avenue, S.E., to Elm Avenue, S.E.; thence, West along the centerline of Elm Avenue, S.E., to the Roy L. Webber Expressway (also known as Interstate 581); thence, South along the Roy L. Webber Expressway (also known as Interstate 581) to Franklin Road, S.W.; thence, North along the centerline of Franklin Road, S.W., to Elm Avenue, S.W.; thence, West along the centerline of Elm Avenue, S.W., to Main Street, S.W.; thence, South along the centerline of Main Street, S.W., to the Roanoke River; thence, West along the Roanoke River to Bridge Sheet, S.W.; thence, North along the centerline of Bridge Street, S.W., as extended to the East -West line of the Norfolk Southem Railway Company; thence, East along the East -West line of the Norfolk Southern Railway Company to the point of beginning. Sec. 10 -34. Same - Polling Place. The polling place in Voter Precinct No. 9, Highland Precinct, is hereby established at Calvary Baptist Church, located at 608 Campbell Avenue, S.W. See. 10-35. Voter Precinct No. 10 Old Southwest - Wasena Precinct - Boundaries. The boundaries of Voter Precinct No. 10, Old Southwest- Wasena Precinct, are as follows: Beginning at the intersection of Elm Avenue, S.W., and Franklin Road, S.W.; thence, South along (lie cwtcrliue of Franklin Road, S.W., to the Roy L. Webber Expressway; them., South along the Roy L. Webber Expressway to Brandon Avenue, S.W.; thence, West along the ceniciline of Brandon Avenue, S.W., to Colonial Avenue, S.W.; thence, West along the ccntcrline of Colonial Avenue, S.W., to 23 "' Street, S.W.; thence, North along the centerline of23r1 Street, S.W., to Brandon Avenue., S.W.; tllcoce, West along the centerline of Brandon Avenue, S.W., to Canterbury Road, S.W.; them;, North along the ccntcrline of Cauhsbury Road, S.W., to Windsor Avenu¢, S.W_; thence, West along the eentcrlinr., of C:UIINCII, rnnp nnmsEI IT34'Pice Inc( Realignwenr 2015 Revisions- Drn1111. 16.15- Cl,anAncr 25 Windsor Avenue, S.W., to Winborne Street, S.W.; thence, North along the centerline of Winborne Street, S.W., to Bluemont Avenue, S.W.; thence, East along the centerline of Bluemont Avenue, S.W., to Denniston Avenue, S.W.; thence, north along the centerline of Denniston Avenue, S.W., to Memorial Avenue, S.W.; thence, Bast along the centerline of Memorial Avenue, S.W., to the Roanoke River; thence, East along the Roanoke River to Main Street, S.W.; thence, North along the centerline of Main Street, S.W., to Elm Avenue, S.W.; thence, East along tine centciiine of Elm Avenue, S.W., to the point of beginning. Sec, 10 -36, Same- Pollin =Place. The polling place in Voter Precinct No. 10, Old Southwest- Wasena Precinct, is hereby established at the Highland Park Elementary School, located at 1212 5th Street, S.W. Sec. 10.37. Voter Precinct No 11, Raleigh Court Precinct - Boundaries. The boundaries of Voter Precinct No. 11, Raleigh Court Precinct, are as follows: Beginning at the intersection of Brandon Avenue, S.W., and Colonial Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to Franklin Road, S.W.; thence, South along the centerline of Franklin Road, S.W., to the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to a point where it intersects with the Northeastern boundary of the campus of Virginia Western Community College as extended; thence, North along the Northeastern boundary of the campus of Virginia Western Community College to Colonial Avenue, S.W.; thence, West along the centerline of Colonial Avenue, S.W., to Overland Road, S.W.; thence, North along the centerline of Overland Road, S.W., to Brambleton Avenue, S.W.; thence, West along the centerline of Brambleton Avenue, S.W., to Montgomery Avenue, S.W.; thence, North along the centerline of Montgomery Avenue, S.W., to Woodlawn Avenue, S.W.; thence, North along the centerline of Woodlawn Avenue, S.W., to Oregon Avenue, S.W.; thence, East along the centerline of Oregon Avenue, S.W., to Guilford Avenue, S.W.; thence, North along the centerline of Guilford Avenue, S.W., to Grandin Road, S.W.; thence, East along the centerline of Grandin Road, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to Carter Road, S.W.; thence, North along the centerline of Carter Road, S.W, to Sherwood Avenue, S.W.; thence, East along the centerline of Sherwood Avenue, S.W., to Grandin Road, S.W.; thence, North along the centerline of Grandin Road, S.W., to Memorial Avenue, S.W.; thence, East along the centerline of Memorial Avenue, S.W., to Dennston Avenue, S.W.; thence, South along the centerline of Denniston Avenue, S.W., to Bluemont Avenue, S.W.; thence, West along die centerline of Bluemont Avenue, S.W., to Winborne Street, S.W.; thence, South along the centerline of Winborne Street, S.W., to Windsor Avenue, S.W.; thence, East along the centerline of Windsor Avenue, S.W., to Canterbury Road, S.W.; thence, South along the centerline of Canterbury Road, S.W., to Brandon Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to 23`' Street, C \UsealCilc I \AppDamV .owl \Temp\notesEI EF34 \Pieoiw Realigninent 2015 Revisions - Daft 11.16.15 -Clean docx 26 S.W.; thence, South along the centerline of 23" Street, S.W., to Colonial Avenue, S.W.; thence, East along the centerline of Colonial Avenue, S.W., to the point of beginning. Sec. 10 -38. Same— Polling Place. The polling place in Voter Precinct No. 11, Raleigh Court Precinct, is hereby established at Christ Lutheran Church, located at 2011 Brandon Avenue, S.W. Sec. 10 -39. Voter Precinct No. 12 South Roanoke Precinct — Boundaries. The boundaries of Voter Precinct No. 12, South Roanoke Precinct, are as follows: Beginning at the intersection of 24"i Street, S.E., and Yellow Mountain Road, S.E.; thence, South along the centerline of Yellow Mountain Road, S.E., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Franklin Road, S.W.; thence, North along the centerlinc of Franklin Road, S.W., to Avenham Avenue, S.W.; thence, North along the centerline of Avenham Avenue, S.W., to 26a, Street, S.W.; thence, East along the centerline of 2611i Street, S.W., to Jefferson Street, S.W.; thence, North along the centerline of Jefferson Street, S.W., to 24" Street, S.E.; thence, East along the centerline of 2411i Street, S.E., to the point of beginning. Sec. 10 -40. Same — Polling Place. The polling place in Voter Precinct No. 12, South Roanoke Precinct, is hereby established at the Crystal Spring Elementary School, located at 2620 Carolina Avenue, S.W. Sec. 10 -41. Voter Precinct No. 13 Garden City Precinct — Boundaries. The boundaries of Voter Precinct No. 13, Garden City Precinct, are as follows: Beginning at the intersection of the Roanoke River and the City Limit Boundary North of the Watc't Pollution Control Plant; thence, clockwise along the City Limit Boundary to Yellow Mountain Road, S.B.; thence, North along the centerline of Yellow Mountain Road, S.E., to the Mill Mountain Parkway; thence, North along the centerline of the Mill Mountain Parkway to the J.B. Fishborn Parkway; thence, North along the centerline of the J.B. Fishburn Parkway to Walnut Avenue, S.E.; thence, West along the centerline of Walnut Avenue, S.E., to the Roanoke River; thence, East along the Roanoke River to the point of beginning. Sc<:.10 -42. Same Polling Place. The polling place in Voter Precinct No. 13, Garden City Precinct, is hereby established at the Garden City Elementary School, located at 3718 Garden City Boulevard, S.E. C'.,Uscs \CIIc PApaDazo \Cowl \Tnnp \nniesrl nrlVlPixciud Reolignmen 3a 15 Revisions - Dma 11 16 15 - Clenn.Jn.'x 27 Sec. 10 -43. Voter Precinct No., I_, 4 Crystal Snort , Precinct— Boundaries The boundaries of Voter Precinct No 14, Crystal Spring Precinct, are as follows: Beginning at the intersection of the Roy L. Webber Expressway (also known as Interstate 581) and Walnut Avenue, S.E.; thence, East along the centerline of Walnut Avenue, S.E., to the J.B. Fishburn Parkway; thence, South along the coa tcrlinc of the J.B. Fishburn Parkway to the Mill Mountain Parkway; thence, South along the centerline of the Mill Mountain Parkway to Yellow Mountain Road, S.E.; thence, North along the centerline of Yellow Mountain Road, S.E., to 24'h Street, S.E.; thence, West along the centerline of241° Street, S.E., to Jefferson Street, S.W.; thence, South along the centerline Jefferson Street, S.W., to 26 °i Street, S.W.; thence, West along the centerline of 26i1' Street, S.W., to Avenham Avenue, S.W.; thence, South along the centerline of Avenham Avenue, S.W., to Franklin Road, S.W.; thence, South along the centerline of Franklin Road, S.W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the North -South line of the Norfolk Southern Railway Company; thence, North along the North -South line of the Norfolk Southern Railway Company to Franklin Road, S.W.; thence, North along the centerline of Franklin Road, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to the Roy L. Webber Expressway (also known as Interstate 581); thence, North along the Roy L. Webber Expressway (also known as Interstate 58 1) to the point of beginning. Sec. 10-44. Same - Polling Place. The polling place in Voter Precinct No. 14, Crystal Spring Precinct, is hereby established at Crystal Spring Baptist Church, located at 2411 Rosalind Avenue, S.W. Sec. 10 -45, Voter Precinct No. 15. Grandin Court Precinct - Boundaries The boundaries of Voter Precinct No. 15, Grandin Court Precinct, are as follows: Beginning at the intersection of Brambleton Avenue, S.W., and Overland Road, S.W.; thence, South along the centerline of Overland Road, S.W., to Colonial Avenue, S.W.; thence, North along the centerline of Colonial Avenue, S.W., to the intersection of the Northeast boundary of the Virginia Western Community College campus as extended; thence, East along the Northeast boundary of the Virginia Western Community College campus to the North -South line of' tile Not Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Mud Lick Crock; thence, North along Mud Lick Crock to Grandin Road., S.W.; thence, East along the centalinc of Grandin Road, S.W., to Beverly Boulevard, S.W.; thence, North along the centerline of Beverly Boulevard, S.W., to Westhampton Avenue, S.W.; thence, East along the centerline of Westhampton Avenue, S.W., to Cation Road, S.W.; thence, North along the centerline of Carlton Road, S.W., to Fairway Drive, S.W.; thence, Easl along the centcrlino of Fairway Urivc, S.W., to York Road, S.W.; C 1U .1111\Cllcl I E104 Yrccinn Rivlirninum 21115 Rw,,m.s -DOI [116 15 - Clcan.dnux 28 thence, North along the centerline of York Road, S.W., to Brandon Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to Grandin Road, S.W.; thence, South along the centerline of Grandin Road, S.W., to Guilford Avenue, S.W.; thence, South along the centerline of Guilford Avenue, S.W., to Oregon Avenue, S.W.; thence, West along the centerline of Oregon Avenue, S.W., to Woodlawn Avenue, S.W.; thence, South along the centerline of Woodlawn Avenue, S.W., to Montgomery Avenue, S.W.; thence, East along the centerline of Montgomery Avenue, S.W., to Brambleton Avenue, S.W.; thence, North along the centerline of Brambleton Avenue, S.W., to the point of beginning. Sec. 10 -46. Same — Polling Place. The polling place in Voter Precinct No. 15, Grandin Court Precinct, is hereby established at Grandin Court Elementary School, located at 2815 Spessard Avenue, S.W. Sec. 10 -47. Voter Precinct No 16, Deverle Precinct— Boundaries. The boundaries of Voter Precinct No. 16, Deyerle Precinct, are as follows: Beginning at the intersection of Brandon Avenue, S.W., and Mud lick Creek; thence, South along Mud Lick Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Brandon Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to the point of beginning. Sec, 10-48. Same — Polline Place. The polling place in Voter Precinct No. 16, Deyerle Precinct, is hereby established at Covenant Presbyterian Church, located at 1831 Deyerle Road, S.W. Sec. 10 -49. Voter Precinct No 17 Lec -fli Precinct — Boundaries. The boundaries of Voter Precinct No. 17, Lee -Hi Precinct, are as follows: Beginning at the intersection of Roanoke Avenue, S.W., and Bridge Street, S.W.; thence, South along the centerline of Bridge Street, S.W., to Mountain View Terrace, S.W.; thence, East along the centerline of Mountain View Terrace, S.W., to Chesterfield Street, S.W.; thence, South along the centerline of Chesterfield Sheet, S.W., to Memorial Avenue, S.W.; thence, West along the centerline of Memorial Avenue, S.W., to Dudding Street, S.W.; thence, South along the centerline of Dudding Street, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to York Road, S. W.; thence, South along the centerline of York Road, S.W., to Fairway Drive, S.W.; thence, West along the centerline of Fairway Drive, S.W., to Carlton Road, S.W.; thence, South along the centerline of Carlton Road, S.W., to Westhampton Avenue, S.W.; thence, West along the centerline of Westhampton Avenue, S.W., to Beverly Boulevard, S.W.; thence, South along the centerline of Beverly Boulevard, S.W., to Grandin Road, S.W.; thence, West along the centerline of Giall Road, S.W., to Mud Ca\Uscis \Cllcl \AppDem \LO ,il \Temp\notesH 12F34 \Precinct Real ignment 2015 RevCvinns- Dfap 11 .IR- 15- Clrm.dacx 29 Lick Creek; thence, North along Mud Lick Creek to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the Roanoke River; thence, East along the Roanoke River to its intersection with Roanoke Avenue, S.W., as extended; thence, East along the centerline of Roanoke Avenue, S.W., to the point of beginning. See. 10-50. Same — Pollin PP lace. The polling place in Voter Precinct No. 17, Lee -Hi Precinct is hereby established at Grace Church, located at 2731 Edgewood Avenue, S.W. Sec. 10 -51. Voter Precinct No. 18, Virginia Heights- Norwich Precinct Boundaries. The boundaries of Voter Precinct No. 18, Virginia Heights - Norwich Precinct, are as follows: Beginning at the intersection of Shenandoah Avenue, N.W., and 24a' Street, N.W.; thence, South along the centerline of 24 °i Street, N.W., to Shaffers Crossing, N.W.; thence, South along the centerline of Shaffers Crossing, N.W., to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to a point where it intersects Bridge Street, S.W., as extended; thence, South along the centerline of Bridge Street, S.W., to the Roanoke River; thence, East along the Roanoke River to Memorial Avenue, S.W.; thence, West along the centerline of Memorial Avenue, S.W., to Grandin Road, S.W.; thence, South along the centerline of Grandin Road, S.W., to Sherwood Avenue, S.W.; thence, West along the centerline of Sherwood Avenue, S.W., to Duckling Street, S.W.; thence, North along the centerline of Duckling Street, S.W., to Memorial Avenue, S.W.; thence, East along the centerline of Memorial Avenue, S.W., to Chesterfield Street, S.W.; thence, North along the centerline of Chesterfield Street, S.W., to Mountain View Terrace, S.W.; thence, West along the centerline of Mountain View Terrace, S.W., to Bridge Street, S.W.; thence, North along the centerline of Bridge Street, S.W., to Roanoke Avenue, S.W.; thence, West along the centerline of Roanoke Avenue, S.W., as extended to a point where it intersects with the Roanoke River; thence, West along the Roanoke River to the City Limit Boundary; thence, North along the City Limit Boundary to Shenandoah Avenue, N.W.; thence, East along the centerline of Shenandoah Avenue, N.W., to Peters Creek Road, N.W.; thence, North along the centerline of Peters Creek Road, N.W., to the Salem Tumpikc, N.W.; thence, East along the centerline of the Salem Turnpike, N.W., to Old Stevens Road, N.W.; thence, South along the centerline of Old Stevens Road, N.W, to Troutland Avenue, N.W.; thence, East along the centerlinc of Troutland Avenue, N.W., to 36 °i Street, N.W.; thencc, South along the centerline of 36 °i Street, N.W., to Shenandoah Avenue, N.W.; thence, Last along the centerline of Shenandoah Avenue, N.W., to the point of beginning. CAUsys VCllcIAAppnuluALOwIATanpAnolesa 16F3JWreciml Realignment 2015 Revisions D,011.16. 15 -Clns do,x 30 Sec. 10 -52. Same — Polline Place The polling place in Voter Precinct No. 18, Virginia Heights - Norwich Precinct, is hereby established at Heights Community Church, located at 2014 Memorial Avenue, S.W. Sec, 10 -53. Voter Precinct No. 19, Summit Hills Precinct — Boundaries. The boundaries of Voter Precinct No. 19, Summit Hills Precinct, are as follows: Beginning at a point on the City Limit Boundary that intersects Peters Creek; thence, South along Peters Creek to Peters Creek Road, N.W.; thence, South along the centerline of Peters Creek Road, N.W., to Shenandoah Avenue, N.W.; thence, West along the centerline of Shenandoah Avenue, N.W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10 -54. Same — Polline Place. The polling place in Voter Precinct No. 19, Summit Hills Precinct, is hereby established at Edgewood Christian Church, located at 1006 Peck Street, N.W. Sec. 10 -55. Voter Precinct No. 20, Forest Park Precinct — Boundaries. The boundaries of Voter Precinct No. 20, Forest Park Precinct, are as follows: Beginning at the intersection of Staunton Avenue, N.W., and 15 °i Street, N.W.; thence, South along the centerline of 1516 Street, N.W., extended to its intersection with the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to Shat£ers Crossing, N.W.; thence, North along the centerline of Shaffers Crossing N.W., to 24i6 Street, N.W.; thence, North along file centerline of 2411 Street, N.W., to Shenandoah Avenue, N.W.; thence, West along the centerline of Shenandoah Avenue, N.W., to 36 "' Street, N.W.; thence, North along the centerlinc of 361h Street, N.W., to Troutland Avenue, N.W.; thence, West along the centerline of Troutland Avenue, N.W., to Old Stevens Road, N.W.; thence, North along the centerline of Old Stevens Road, N.W., to the Salem Turnpike, N.W.; thence, West along the centerline of the Salem Turnpike, N.W., to Peters Creek Road, N.W.; thence, North along the centerline of Peters ('reek Road, N.W., to Melrose Avenue, N.W.; thence, East along ttne centerline of Melrose Avenue, N.W., to Lafayette BOUIUVard, N.W.; thence, North along the centerline of Lafayette Boulevard, N.W., to Delaware Avows, N.W.; thence, Past along the ccutcrlinc of Delaware Avenue, N.W., to 21" Stn-cct, N.W.; thence, South along the ccllelinc of 2l" Street, N.W., to Can'oll Avenuc, N.W.; thence, East along the centerline of Carroll Avennc, N.W., to 20 °i Street, N.W.; thence, South along the centerline of 20 °i Street, N.W., to Staunton Avenue., N.W.; thence, Last along the centcrhil, or Staunton Avenue, N.W., to the point of beginning. CaIU 1.1111DAppnnWLovalATampvunan I Fr-l4'1'rccinc1 auilignmail 2ol5 - DM! I116- 15 -0l; dncx 31 See. 10 -56. Same — Polling Place The polling place in Voter Precinct No. 20, Forest Park Precinct, is hereby established at Forest Park Academy, located at 2730 Melrose Avenue, N.W. See. 10-57. Voter Precinct No. 21 Eureka Park Precinct— Boundaries. The boundaries of Voter Precinct No. 21, Eureka Park Precinct, are as follows: Beginning at the intersection of 14th Street, N.W., and Syracuse Avenue, N.W.; thence, South along the centerline of 14th Street, N.W., to Rugby Boulevard, N.W.; thence, South along the centerline of Rugby Boulevard, N.W., to 13th Street, N.W.; thence, South along the centerline of 13th Street, N.W., to Hanover Avenue, N.W.; thence, West along the centerline of Hanover Avenue, N.W., to 15th Street, N.W.; thence, North along the centerline of 15th Street, N.W., to Staunton Avenue, N.W.; thence, West along the centerline of Staunton Avenue, N.W., to 20th Street, N.W.; thence, North along the centerline of 20th Street, N.W., to Carroll Avenue, N.W.; thence, West along the centerline of Carroll Avenue, N.W., to 21st Street, N.W.; thence, North along the centerline of 21st Street, N.W., to Delaware Avenue, N.W.; thence, West along the centerline of Delaware Avenue, N.W., to Lafayette Boulevard, N.W.; thence, South along the centerline of Lafayette Boulevard, N.W., to Melrose Avenue, N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Westside Boulevard, N.W.; thence, North along the centerline of Westside Boulevard, N.W., to Hershberger Road, N.W.; thence, East along the centerline of Hershberger Road, N.W., to Cove Road, N.W.; thence, South along the centerline of Cove Road, N.W., to Andrews Road, N.W.; thence, East along the centerline of Andrews Road, N.W., to 16th Street, N.W.; thence, South along the centerline of 16th Street, N.W., to Syracuse Avenue, N.W.; thence, East along the centerline of Syracuse Avenue, N.W., to the point of beginning. See. 10 -58. Same — Pollin Place. The polling place in Voter Precinct No. 21, Eureka Park Precinct, is hereby established at Roanoke Academy for Mathematics and Science, located at 1616 19th Street, N.W. Sec. 10 -59. Voter Precinct Map. The city has filed Engineering Plan #6754 with the registrar, the city clerk, and the city engineer, which engineering plan details the Voter Precincts created and described in this Chapter. Reference should be made to the Voter Precinct Map set froth in Engineering Plan #6754 to further clarify any boundary of any Voter Precinct created in this chapter. Sec. 10 -60 through 10 -80. Reserved CA Users VCllaIAAppnmaAl-oealATempAnoresE I EFAJP ciner Realignment2015 Revisions -Djaa 1116.15- Clean.docx 32 A copy of this Ordinance and the Voter Precinct Map shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Section 24.2 - 306(0), Code of Virginia (1950) as amended, 3. This Ordinance shall be in fiill force and effect on and after December 31, 2015, 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 'C (fk. Ci �terk' CJJp e iCIIc I \Apppmu \LnInl \Temp \nuttsEI EF34Tiecinn Relllgnmcnt 2015 Revisions - pmft 1 1.1615 - Coto' doox 33 DRAFT 11/02/2015 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Article II, Election Districts Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to establish one election district, 21 voter precincts and 21 polling places within the election district, and one central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has maintained 32 separate voter precincts throughout the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building for several years; WHEREAS, in 2011, Council of the City of Roanoke requested the Roanoke Electoral Board (the "Electoral Board ") to review the current alignment and composition of voter precincts and make recommendations to the Council with respect to the consolidation or realignment of voter precincts within the City; WHEREAS, the Electoral Board presented a proposed realignment of voter precincts within the City that would reduce the number of voter precincts from 32 to 26 and maintain one (l) absentee voter precinct; WHEREAS, the Council expressed concerns over this proposal and requested the Electoral Board to review the entire electoral precinct map and develop an alternative proposal; WHEREAS, the Electoral Board, the Registrar, GIS staff, and staff from the City Planning, Building and Development Department assembled to consider the creation of a new electoral precinct map; L ATTORNEY C ASE SHARE.Voti, Precincts R, hgnment Prec w Re Iignmam Sunrmer2015 Revisions Dmtt 1030.15_doc. DRAFT 11/02/2015 WHEREAS, this group considered the requirements of the Code of Virginia, the current configuration of House of Delegate Districts, and availability and accessibility of polling places and developed a plan which created 19 voter precincts within the City and maintained one (1) absentee voter precinct; WHEREAS, the Electoral Board hosted five (5) informational sessions in various parts of the City in the summer of 2012 so that citizens could attend to express their opinions to the proposed voter precinct plan; WHEREAS, Council set the proposal of the Electoral Board for a public hearing on November 19, 2012; WHEREAS, several citizens appeared before Council at the public hearing to express their concerns regarding the proposed realignment of the voter precincts; WHEREAS, Council did not vote to adopt or reject the proposed voter precincts prepared by the electoral board; WHEREAS, Council adopted a Resolution No. 39564 - 010713 on January 7, 2013, to create a citizen's task force "to review the current alignment of the City's voter precincts, Electoral Board proposal, and the voting process and to make recommendations to City Council;" WHEREAS, the Election Precincts Task Force organized, met, and held public hearings in accordance with the directives of Resolution 39564- 010713 and submitted its recommendation to City Council on May 14, 2013 (the "Task Force Recommendation "); WHEREAS, the Task Force Recommendation proposed the creation of 20 voter precincts within the City and one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; GATIDRNEYCASE SHARE V voting Precincts Reahgnment P --t R.zllgnmem Summer ?015 Revisions- Dma 10.30.15.docx 2 DRAFT 11/02/2015 WHEREAS, the Election Precincts Task Force appeared before Council at a work session of Council on June 3, 2013, to respond to questions from Council; WHEREAS, Council directed the City Attorney to prepare an ordinance that would adopt the Task Force Recommendation to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, during a review of the proposed ordinance to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building, City staff, including the General Registrar, the City Attorney, and CIS staff discovered that the current boundaries of House of Delegates Districts 11 and 17 did not follow the precinct lines as established in current City Code; WHEREAS, Council tabled further discussion of any precinct realignment until City staff could explore the possibility that the General Assembly would amend the boundaries of House of Delegates Districts 11 and 17 to conform those boundaries to the existing City precinct boundaries; WHEREAS, the General Assembly did not consider any adjustment to the boundaries of House of Delegates Districts I 1 and 17 during the 2015 session of the General Assembly; WHEREAS, City staff worked with Council Member Bestpitch to develop a precinct realignment plan that created 21 precincts within the City and maintained one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; and WHEREAS, Council authorized the scheduling of a public hearing on Monday, November 16, 2015, to consider adoption of an ordinance to establish one (1) election district within the City, create 21 voter precincts and 21 polling places within the election district, and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building. LAT- FORNFV'CASF SHARE W11,PIIIILd5R.11,men1 Pmuncl ReAgnmenl Snmmer?OISRe,n.n, D.ft1030_ISdo- 3 DRAFT 11/02/2015 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I_ Article 11, Election Districts; Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: n SSe, . .I TT e-' ed vvithin4he cam, !) shall he and is divided into election districts, and ofing preciner, and-1)4' -,, , hall It, estab 1 ished 4 n ea ch su ch,1-,tri ut ., I to eeti s,,f a,:.-a0icl ceU 10 15. c tote N H ti fig p 1 'ef .. Should ..place , .« 6 ' hed by an section of this rtie e be net avinkib for an� election, it shall be the dutj of the eleutmal beasd to sk�blish in tile elee ion district ") afte"tRd a etintg place as near to the one M r.,.epracti., such substitute , ti,.. pl.,.e to he discontinued as Fthe Original Plaeeim� he again aNailuble for el,ct on,, Se 0 l0 Hi. Central ,hSeo«e , district. C'l A ventral ah e to l'._1e« hereby established the e(m1h,�)ll twee f..,« 4101. «hE „f in bH-h Shall be - .s cc` ;, eounted -an ord m mccrrmed- rb, nnn•• t_fit. in elections he d ,L ,..e.. pursuant to tile ;tamed 24.1 2q�.l of the fed_ , Ccrl """"`] nitnrAiPi "e1 directed v w ddieJ pFovide to the heald, on the fret floor f�� se building, adequate and ffie''_ - and efC .. space for fo_ «�e „f «,rm�rrezemr¢r�i,« 1. .,«.. , o«e, . .,N vdnch.5pace when r used fo,.,. 4 _ purposes erns he d in A„ eity, shall be nd,� the management and control of the e � Se. 10 17. 11ehrt nEd precinct A', � Boundaries. The -hot ln ik Ed -Pie ��.,er No. 1 aie as fell e : o the intersection r i Elm ANe, e 1y_ rag nitersiiiECOOi`eiio. �1iee,e ..chi ihe-ocnrcrofri- rtmz4en c W _ Dr.. rr�r7 Franklin Deed to Malf-hall Aveme, SAAL: thence, with the Centel of A4 _ h ll A,. _., ... Tenth Street, c V thence,vaththe .,nter of Te, th Street. c W a:he Roanoke D: - tin-we p Roanoke '' ,,,odor. I ATTORNEY'CASF SHAREVming Precinct sRealign. mPr roi naRrA,,, cnt Summ12015 Revisions- Dmri 1030 . I5.d.c, DRAFT 11/02/2015 nc�e��nnne�� .rne,naf���a���!aessw��ae�amrs See. -6eui4ar-ie . ..6.. 6.. n d . ..F Highidild n...' ...« NO. 2 are . . fO o...'....:... al ;;e- interse Franklin -Rear} -:vEid M rsball Aven e S.W.; then...,, ith «w the eenter of Pirn A .... nr{en.e . cc +vest 40 t4& , South a; the ,. Pc .Ibemarle Ave , S "AL ,. Fmnklin Read; then.,. eentef NN ith the centei of Franklin Road to Maple A"eflue, s7W.� thence, Still with tile meande . $keeE S.W.�; - Marsh 14 Avenue,. S.NN .� thence, "N ith tile center of � larshall Avenue S.W., to tile beginning. Set- 10- 20. -Sa.ee `�rr,.rnspa,, The - va aml- place in Highland Precinct NH. 2 sliall he at the Highland Park G Sel!HHI 1,,...., ..�yt. Elkle Of o'A, Street, S.W., bet Albclarie Ah. an e, C AA' and Walnut Ate..,, .. S.W. Set- 40- 24. .jeffie n Precinct No. 1 oo , l,, s the�+c- rntersecnm. i of hirn A,,. Cr, and I,t.. .Re.«.. N.. col ;,�,a,..,.., «l. the eentef A .ter°'ate Route N e 581 to the N -raelk -and Weslem RailWUt Fight aTrrUh1- ef- way- tF-nke.. ('reek, the east corpora line� do, ., Tinker. (;FP6'1' ii" it meanders to the 110fth F-ght Of "d) lille O s�� �f{rr�° ,. of.. 1 ., to T. A .. .. e C C N,...... ' S.E., to FleNentil street. S.F.� illence. with the eeritet: of Eleventh Street, S.E., to Highland ANe a- C . C ,:aae.ith the �center ol HiEa, ,n�A A- Nen ue , e I- ATTORNEVNCASE SHARE:4LI,, Pm.... N Re ,.i .M Yrmincl R,.h,nosm Summa 1015 Revisions -Draft 111.90.15. do DRAFT 11/02/2015 $tr.. S.E.. toAlbeffialle - Avenue, e c _ EkOnCe With the , to Wflininismi CC E:hri -F- .. °ter, caeca: n.n.. 't6 Hn. .....d..F of C .. Avenue 4 ;.E:. e..... to A_t.._.�t..te Route Na. 581, the Point of v. Ireg-nifIg' <�..40 -22 Same dhe etinb pitree of jeflerson Dr__'_...t A,. 1 shall be C IIoH D. Elennentafy ca ,..a loelded on the east side ,.f 19th Street e c in Fallon n...1Fin said pfecina. The boundaries « of j_ffe Eso Riverdale Preeinet are as fo!!H si Bc6mrtms .�z of ,n .° ^ ,-.'-e .. e 64 - nee, S.F.: to Sevendi Sne. _ e r . the nee, - fl, the center ..f c..., th Street, C r to Highland Avenue, C c . t ienc , with the "enter at Highland enue. °.°..4444everah CAE C r, t.__.. soath "its l erg .fEleventh Street, PC� T... e_ Avenue, thence. /tli the eetitei of T...lae to .. .. O G to tile Norfidk ._A W'-win J of A ` if], ina southeElydirection with - tile - present - eorToretien- lute- to Mo Hit 111, -4-mt with Bennington St Feet and O'...._ .. ! Rm d. t...... .xtth the center o Ri Neflaratf D:.... -...A Roed to the old t19434 ; t 4wpination line; thence, with the •- 1 (1943) east Avenue -Wi `° f t., W"11111t o e Bridge to diond -to-A ben+.,r. - A_., e r tile place 1'lieNo -e in t_feise. Riveidale Pfeeinct shat. be _... The 1.. ... .ice. ..f .FF,.fsrlti IJ_eei .t No 2 are as fat o Beginning-at fl�4rnefsectmn of Albemarle ANenue. S.F., and Williamqgn Road; thence, with theie.t.,.. S Williamson Road to the uenieffine f tiro VILdn t A..... ., Bridge; flienue,-lkith flie eenterime of tl., Waling «.!_e to o,... __l.. o' . thence, down RDan: =ke n�,.. as its: earlda s to the old (F94" east ea _ef ttirri t_ ^.ATTORNEYCASE SHARE Voting Pircinea Rahgmniml PTe,nd Reafignment Summer2015 Revision - DmIl 1010.15 -doe. DRAFT 11/02/2015 thence it! the (194z) east eoFpuration ling to .>,e Mill Matintuin o,._1 . ... Spur; then,... Mill Mountain o._,. ay p°^° hOFFmeF'„ ,._ lineentelldnd p to south jeffefson stleet; thence, with the centeF of South jeftergen Stfeet to seuthern Eight .68.. ,.6. of ..4O Rosalind ANesue. e thence, �ith the centel of :ern' Hey , . mith ter-4 T..n.,.. CRI. Ctreei S.W. lSOn -eA ,enue, C {Al . ..nee /Nh the eenier of Stephe i ^ , c R, R O .„d .. AN eF S.W.. lh .,. . .ith .le ellleFyy( ., Rfnd „. Avenue. S.IA erossing hanklin RHad, Had still Av4h- 44Ee- CtiteF f Rfoa;.;,y fAN en ,. S.W., n n n , r. ,- nd West° ` Ra.if% a right of way line� thence, nrii d Neslei Rail fight .0 may l itiie ... ,1.... Franklin Road, S.W.: thenee,with 4he , 10 Albeyoul A+ ue,.-S:W.s th , to 1biFd le Avenue, SIN' , •'iih�h,�R,.;.s c,. noa c.H: Ar,..'.......t�. .t ^The i. FO . I,.... D A, .., net . 2 he (`_.t c...',. ,. '� ntb BRptiSt ChlEff0h, 2111 ROSHIHHJ Avenna, J, R anake, J;,b;n;a.- The h n . l , : n of T:.a ,. n ...' .. are as ea . Beginning "heFe Read Road. N.F.. OFeSSOS tile N(Wfolk dild WeSteM RaikAa5 F104 of" 7 (shen..l..h Valie. Division): thefiCe, V ith the l --Ht -F Of 4-a 14 0.,! to ()III thence; clown '-Gnu -F to the nnnamed,44ermit • ent Stream •h .. ., Blue sc>hNteasterly dire4ieliiwith -fie new corporetioar- 4ine -t. the w _.e� ice, Wg"Stern Rail. light Of way (Neffolk DikiSi011) eSt -tH kh,e NOFfiol afid— Nz�r.. P Eight of-way (Shenandoah Ya4 rte;.;); dience, -.ith the Nm fo h and Weste Rai , .'.l.t of, mh nandnab Valley Division) to Real -Ram N -.i the place . begiml a , See. 10 2$: 5alpe Vaiing place. T,,. ..,.tint ......e in T:..1 of Rf nn:. et n shall-be . -Past ..s !b t. Ghwe. ,.f th ,. the L'.tATTORNHY CASE SHARE Voting Precincts Re Ihgnmen[.Prccind RrnGgnmrni SwmmY2015 R.'wi -- D.ft 1030 15 &,, DRAFT 11/02/2015 c,,C.,.. 0H) \l /'llminsoli Read precinct NE). 1 O,. n -a ries: l fai ... fight of .... to India.., n T C. ♦M....,. west "ith the center .F indiana NNenue, N.E., tv�a point in the old eorperate line; thence, with sat e-4o Preallontas AN °n e n, re, e n, r.- thence, venue, N.E., toWilll ian}s,, Ronal. thence Hortnn .e, cf -ag4. }Anson Read to tire intersection of , , ,�� center (41' , r4way right of: Aa), ie place H b' c , n an S- nn, v„r..g plae�. T4iei ating plaeu in Williamson Road 1 SIM11 be at the Oald .d School . 'n( v-�k+llianlsen c , _ n 11 o/' Ro_dp_____.ctNH.2 ooc.a•, drmm.c' °s The6.. . �;T� aW+ll+a+alsC.n -RoaaF o_�., wl-._. ,.s-- �)„e,.s: Beginning at the intejseution (if �A illiarnson Road and Preston AN enue, Sl.X.� 1105th .'•h •11, �IK Of WHISIOeDfk e tH Fretnief Road, ^ . .. thenee. east with f+eexgneE of Frontier Rend 4c,01k ei Road, Olives Road to ilantingtHn n n .,rd A c� thence, in a thwes.nrly damn.:.. 110FOPA . diFeCtIOR V, th t1ii, center of VV441: Road to Preston A, enu� N,W'�, thep4aee of-b g, See. 10 32: SatNe Voting place. The n.,n.'„ place Williamson Read Precinct N.. 2 Shall be estahns4ed at the Preston Park Reei eat ion Ceti! ef located Ht ', 1 ',� l4eston AN enue, N.NkL. See,. W-33. W4114aIBSO} ROM .• NIO. ' u , ., d..:..:. L ATIORFEYCASE SHARE:Voling Pnninas RoaligmnrnNPrc,i tR.nlignmrnl Summer2015 Revisions- Dmtt 1010.15 doe, DRAFT 11/02/2015 unpM#edianfh to Page venue, N.W; theny., south to a point oil x�' vD ,ca armor — nn Ac , in it nartheaster!5 direction along flhe eenter of Tent! Wi4knnsen , Sesuthea4iern vamer of the-Lmkens pfoperty. the p1, e efbeginning. bet-. ,z^ gplo�. T n llP inet 4012. Williamson D,,. ! Al ;halo be D. „1.,, rte., Public work: $ef.ree ne,«,, 1802 Co n] vNe. ,, ME. e � D,.....,n., See 10 15. Williamson Road .r. The boundaries of Williamson l m Beginning of Tenth Stiee N' xx1 and Lk- D .. ,6.,..,,� .ek - Run ,is- DPi.e, N-.xx, ,. «,.,d „t, thence, ,,.nl.easte" WHh -44�ee to ,a N onris D.i,., N iit_. �xtendeE, to i,,...state Route N„ cu . .r t„e,nc,, N,it• the eenter of Route Not. 58 to n„ nefthwest Comer of the the Watts Fann, extended, d?enee, vitth the nn-ine of the o f thepresent Watts Fenn .$ 1)nnn in:Arrur , N' xxl . thence, V it! 4he en4ef es!"AtValon n,.,»,,, N 111 to the , ,f Lot ',N Sai C .��in iit, theestetr' dfie,titn erOSSIng H..,.., c..,. n 13r ..{he earcanne ,.r Lot . Blenek r Round H' t, Subdivision: said eHjnnef being in line a Clarendon - -, N..W -, extet st smith this line and the center of r4n,idtnt 4 44n,z�- e Williannein Road to Tenth Sneet, . 61.; soulhlvest with —the eent,._ ,F Tent, c..,,. N W to I' �un: the p1dee of beginning. See. 10 �0 T5i""ce. The Noting place in Will inn;ein4 and 41f eincL -N.. 4 -shat T- `;n,a -..,.' •h '�t established at the Round Hill Elemenntr� Sf,hool lo, lt,�,j -4 9090 Onk]-nul # e -N-W. Beginning at thO HIPEdlSel-niff] Of IFIE-F'St-it- R's-t- NO. 581 -tild Pet-FS UFOek Road, inte- .,echo: of Nelms La Mn °,mod D..-a 4, NW.: thence,-- ith th, L.',A9 ORNEY' CASE SH ARE Voting Precincts RenlignmenM1Precina Realignment Summer2015 Revisions- Draft 1030.15.docx DRAFT 11/02/2015 enter of A'.-.,,,.+ Road .. Williamson Dotal. thence, ,'.6 the cite.. \y 'e.t've.. Road to Clarendon Avef+ue, N.W.. thenee, with the -ente, of 0-teliden A venue, (_ extended . point h .eeaPc - of r k Block e Round -i{I T,.-. ..rcrmce wcmrrtan6,' .' .....1 ... .. :.... ......6 ..,...,,_.. !'....r,.n e .rc+.nrtr £C^d `_^^' the real t line of Lot 1, Block u. Dour d Hill 'P,,fi au., e 6d', . thence NN itk$ lille to [116' Cee°niei of A n ,. , A nn n A \xI : . n ,.. , ..'. n the {h t n.. erof AVa:cm.. ,n.n enue. N, \y to a pain. ifl A .. n AVenue N. W at the Watts Farm; thence -ith �:i'. the . ,Alan is he_„t lt.e_stete Route NO. e4 : {h flee. i.h 4nter,ritR. Route No. <v 1; the pmn^�e**r*r*TTs 'r- .v ti.;.5 —place in William s Mi Read Pfeeinet Ne. 5 Shall he Veteneres o t. F():e.gH Wan; —VFW PosE!�! 264, AnN Gfandn.'en.- An.'.. ,,N or f Beginning at o.e,..en Avenue, N, vx. and Willoittison Road-, thence," «v, es n.'.h .he _ of e 2scd to HeCshberg-_ Read N, Axr na ere i.:_e't: Pout, ,o 118 iilnee, nth ae,e Virginia Re .e No. , is to to new . 2rt,— m,rt'. s; rn c ree , east .:t*. the lien c -limits to Flonst Rco d N \A/ . .he nue , N vv,, .hence m -..;th ueNhbelg._ Read. to rr .NyoS Creek thettse e t'^_ n_,ek to where it Meets OiBeF Read, � F.. exivnded� thense, south �Aith the cell afOlmer Read, N.E.- to tile ' ,ters e e.'„ n of h_' nre_ Po _ N7h.: thence, west with the c-entee -0f FPontieE-Road to the hHerseetion ePAIhoilee DfiSe, N.W.; tlienee. with the Uenter ine,.e west w '.h tile e of ton �A, entw, The c+ti rykeein Wifliamson Roadh-resinklt No. 6 . hall be st:,k ish,d See. 10-1 ^ Hajln�- errac -e Pitc:-inct-- k3e.RRI'li iE, The hide/ s- ofLinuolti -TL' tci - P:e,', ille IsIlIONAMS. 1]e , n,n- �, °r�escmd- fight o wa); 4iii4iG� wit;i the Noifiolk ...1 \yeas..., Railway right T) fWla itigg the Shenandoah Vale D said n ' n. t,, h'd's.. A..efl e. e , «,nave with l.'d:.. „e A e, e N 1' t the old .e_..,_ «',., line; «heave ,..:«h L AUORNET CASE SHARE.Vetle, rncinea Real ignmenrPreencl R- lu,ee —, S,e —,2015 Re,,,, s-Dreft 10.30.15d.,x 10 DRAFT 11/02/2015 the Hid _- ''^a- ..n.,— Poeaho.t, , n. _n N, c . thence, - ..e^st a'n, the cen.� o. IIS - ut�� Road e - lifle of the vm al'ntc the South rend rcif ioid property; thence, with s °'d ester!) fire vrh.eh .- e .,nh e . J. J beuth between l a ma r. and Lam,..., O - ; thence, v ith said alley in -a iuttherly direction to beHy RHad� thence, 'thy eC l ibert.. D .. h este 1' °r,�. n�y� .,recEtearfo a point - east -of Pkp nom. ni vxr theme , �.-n. ,.z� ter., a'. -..t' .., t ,l &. •aura . a point an lage Avenue� tkence in a southerIN direction. PHSSifig- through tile ea t e�,r �-cit end of Puge Avenue ,.. n;tt,e� ere; {kr'ee++�H 1 iek Run l .e Tem pe CO Al /. h..nee h�� orts. -.t 'teadE.cr9 icf� ih°,2r,- T- r...�.illTine na Tvrrv. elfi e Gctr e4, N..PJ., to tile inters :,C I ea Tin _ 1att �1kv ,ntte, n W and Fifth GFeet. n AA, . e .ith . Fit! 'sheet C'{! Stae NAIL, to H -o m s n � A, ll ye. TT / 1118110e, M. lit} rent. �t t m T 19Third Ct.eet A.R., thence. South �411 the eeiiter of Thod ctreeE, 1:tV�l:e_�lljo" ifia the centerline �eet_n nen n -.v, n y., RUA to c,.r_ndS e„ee,l Street, " yl/n vv .and thn n.an andWe.t, ° i1if,vay right -of' ka tile Video nch,.'.. inb. Seel r i 42. Same \, et xngplace. �1�����m[he'otllia •� eFncE neeittet ,-ha be r..hi,hed t -the I in, An YerieeeC rnh n.n..n l' 110014ocated -at 1802 l:hn.tn o_ ad, IS AA, Sec. 10 49 54rhntei Precinct u,wndaries. The °.° ter.. s o me are as folio "s: Beginnitig at the ..,t.,. ,.-t;en of Ohk,c] Road, `7.k.., eztoaae(T4o Gap. ins `h'ee the rvtn limit.. the ,, e in an easterly dinc,,-twiiwith . the .e e . ,. e _e, retie, e line tee the n.., en.., .t h'tt� -H: mg Blue Hills f C . ., t hn n .., , . .t said St e,v to T-.. O eek; thence, up ' inker Creek to Old Mountain Read then_. •ith the ,-N thenee, vath the uentef of Read lr, t-N7E., te- Huntington t;_Ohv , 11HEth "ith the center of „ hAe Pity limits, the point HITeginni Stye 10 44 Same v,eting !he ,et' n n place '.n M een e.. e) o ht shall be established at the Monterey FlenientaFy Sedee,J lo, e.et,d at 4501.01:.h .e. Road, A CA c L`AI- IORNEY CASE SHARE ':Now, Precincts Realigninent Prcina Reabgnnem Sunn 015 Revisions Dr111030. 15dncx 11 DRAFT 11/02/2015 oe, 10 4b C�' I :o Votingpk�. The NHtmg -j t{aue in P-t rs Gree k '. nceke J. n i oc ..t shall o E-ei£m 1 ,A c �.rI I'- in RA44HKM i dmcScncml. • "1 .3,100 Fart,. '4 A�n'1E1. Tlie- F0undaries of Melfore Ple"w"t arc'+ -.Ol ; BegiRinfig at .6e jnter ecnc of the m N r,.. -0.lk .... °d .,,1 l - r'..:. "ll -t +'I ,.r.. and c..,...d Street, ,cad ca'._oett, Jpx.'*,�.t ce ith the ...,. ,.a �- seuond Stneet, N.M., to AAAA�n.��. . D...d A \A,..6ence ..'. 1. cent.. .{.0 Ate,..-... .1J ..A A V ..., rrt�ccm�.�[rn�m�L rt. ni a , , - 4twen vtree n v�� 1P. she ce9tej of ifeet, cam. to the i to se.r�n cnh StEeet n-lu. then_., South .Aith n. Eenter a::;Rl c0.. n W... ar THFFIS-. �lt ..:gin -. V.; .l.,.., ..;. 11 a._,.......,.. .tu,....iscal M,enue, W � T :1r d — c.. ... .'dgy.. of Third Avenue, Second t e, n 1 .,flie Si nrfiflk m}Western Rail". y place The %eting In Me,.oss Prect ast ON s.,a=, he Sai ll Gefafd Gatholic (THroh, 809 Orange-A.- �� 1„ Rake 5, . , SAP, 10 49. llHV Pr,—m -t Baundaries L ^ATTORKEY`CASF SHARE Wting Precincts Realip.,.t P—,c dRraGgnment Summe2015 R-,,,,U5 DmR 10.10.15. d,,. 12 DRAFT 11/02/2015 The- v2iling place in EuHneka Park Piecinut Shall be ,;. 6 .',6e, .Mo Roane e A ,..d„�,,. F„_ Matti ,,,.. and Science, e ,n al„° no th Side -of Garrall n..,... ., n xxl, 6,r, e,- Nmeieenth Snee Nlxx/ and Twentieth cares, N.W .,, .., .:" ,.F in .state D,. to Na. 581 and Hershherger Road; .6,.,,.,. ..'r6 the eenter of linerstate Route Ne. 581 to the innefsection of the Hug line, tnxtendecl� then,.,. i u FF ' F-mrl and Labe Sulxlivisioa, thenee, Street, Twetn� second , p� L��� crtcJ pp , n'."ITo-M(SoHna AYBRne, -NAV., 4henr ,�-W t- vV31ii+1i eeief -4 aHgi H «. ANNe,., n, n' {.I , T. T. Sys° ,,,d C.. . n W ..hunce .'ah the uent, „FT., e,.. .°m..'Hfld CS tne,. n V ,,,d,.. .,.the mil, figIn .F. line ..F.1,., nr f ;H1 R'.sr Railway� 1 , .1. d'.,,.:.. .'.1 the al. '.,h. of . line erF n.., Slorf„ lk and 1xL. to , D d nd'ix tj) dnflfiUe;4? R HOFOWF15i (41FMIOR 'Aall .ham. old (!Q!") corpon4oll Ime to nn.. Menu., n,.W., thence, +rith the eenief line of Me A'Senuc,- 'r'}:W —eaht -fin FoFest Pink - Boulevard, OfOuildhall eve- Road,—PAV., to jjeFShbeFger -Roakl- 4,.�LtfnnH�..- the of u,nshherger Read He l- inerstate D ,. .D ,. .e n �r<Q .� Point ,F beginning, F!��fftF>•MERS- ------ f!RSR1RllTAI@R�Elell�lllR61QR!! Tll boundaries .Fxxla,hingtn, lle .h., D eei f,lluw.n: Beginning Li ATTORRLY CASE SHARE' Noting PrrvmCb Realignrntnt P,e, nd Rcti gn nent Sr nn 2015 R nin., D.tt 1030 -15 docx 13 DRAFT 11/02/2015 The bereirlafie�''sef'Alesoa o_.°�net a. • as Iblievoi: Begintrins aFthe Hoensection ef GoNe and llershbefgei Reads, N. , ;. 1. liefshbefger Road and tile city line in a V,estedy direction to Peters Creek; tllenue HI a Senfhe{y c[estiEIr.'h !'.,.] Hal . � z to Melrose A d _ � n W.: N-°.. •h n., enter of Melrose Avenge; ' W e e , difeCtiffli Fore4. PaF1'c Q -�imc, dFd, .x/ ; .h .,.. , Hia !191411"'eStEdydiFeCtion with flie eenteT of B�taevard to Guildhall Aven(,e, ^' `xv ; thence, in a northeaSteFly - (�Uildlatll AN enue, to Gove-naad; .here it ..r.l. ...,.., diFeetiOH ,.I...... Ceti to.,.f C Ne Reed r m., to{}leinIer..o, '., .t HeF;.h ra..n,., flie place .fh o See 10 56. Same 1, ingplaee. 'fie N utinplace in We tside Pfeei .,.. ,ill l he tslablished .! t estsidche (1/.....',1.. See. 10 57 RaleighCouftPreeiiiutNo. 1 oo ndarie . file -hcm' n• .. . of Raleigh Court precinct No. 1 a as-fc)lk+wy—Btg+n4*ng at the a ion-of P4ejoOr'. ROHHOkI ° , .lam° °, i' Had thence, east mitH the — et .. En the intefsection a Win.h.. m. ANen S.W.,thence, mith the centei .fWinb.ti) Po,ee. e c W tt... h ...l PfUp t , .if ENelffeell . Ce ffle ... ; the.. with sanieproperty4ine at EveigFeeii Geineterj 4o. the east line (if the o.. an e Aliart eHti PFOperty —lin .ncmc � ith same nor he.. to the Roanoke D' ; •henfy up Roanoke RiNef as it �andeis to MeiHofial eiruv S.W., the place of beginning, See, 10 58 Ca e V � LIAnORR EY CASE SHARE /Voling Patinas Realigmnem`.P .... w Re.I,,, nl Summa 2015 Rivisfons- Dmf11030- 15d... 14 DRAFT 11/02/2015 T ciA 1�m ,'„h ('HUFt ni0- Pie. 1 shall be , r^6l ; hed r R ty eights Sehool, located eta the east Aide of n n,h. r So'-Af hart St... 10 �9 Raleigh ('ouit Precinct Na. 2 Boundaries. 'fhe boundnes of o : hC, m..C,' n'.. o.._.. ;f, ,...u.,:..,:.,.. . .. c- smrrwe '-'mow w of V ,rifer Div, e NkleSterj3,1 to V.,., IUia : thence, ,,.'a, the ...,nteF of y,.^, extended to .h, _ i 6fiapOfate line: then,.., following tile old corpefatl' to Memorial n,,,, . .,- terly w mhti the ter.. of n n L' iddmg—S^vet: nceiee. cuthhedy "rithflih�_f Pudding Street to the nitersect I on .ache., oe n,.., and f` -eF >. A. lh�..e, southeily mithfi e certerel' ' , the plac or c,� n an, on,.g place. The Noting oe4R4kaleigh Couft Pfee',,t nL, l shall he established at 110 ^_ ,,.l1r, ,Mi dleSehc_., located ^ v Carter Re S.W. The ada;,2s, Sio: -; are as at oneise,tioH of G ., ldln 1 , , in elA-venu S-. ; -4H C'_nz4ef Road. O {l{ , .hen , ,nth 'rh lh o. cenlc'_ of Ca.. Read. S.W.. a Il ddin Street c U{. thence ��e el' Pudding Street, S.W., a . -tr{!h the - MeEnHrial ANenue, c lxr ; thenuu, v,44,i the center of 4lennnia1 A - litle, c s Ill, , �ith the center HPAlmhome ASenue, .. EH the intersection of Windsor - A r .e rce� ,O r V � �rcnce,Fimth the „ t,« of Windsor n,.en C la. in a , ..t.F.. dit,,two to the ',t,..,,,.f.,.. of leE of- Greenwcc+Hd -Road: c_W _ t, t ,t ,., of Blenlieifli - 1Ze3aE4_S.N - -s Uthefjy t. A�3,enej A c lv., tended; thence, .est,_rl� ,., A e,e�_ S..W.._VXtended to Grandin Road-.&W ,e place ,c beginning. See:- 1062 -Saute Votin -place. L:AT ORVEVACASE SHAREVVoting Precincts Rcafigmn,.t Ptccinct R.hgnmcnt Sunun, 2015 Revisions -Daa 10.30. 15 dnc. 15 DRAFT 11/02/2015 Tart- mma.miaaesofP— dc.igh caa;<..eeinet No A:..e as fell ov s� BeginnifIg flip, Ht inteneelien of C_� i.'. D ,l tE A� T,,enel A.c� n , c lxl � thenee, easter4y 1., ee .o«l� °ohvi'l, D�..r,_r.,. thefleeAVah ..'d .. .tO'weSteflj -6.C. 'f�iff t6 Mono VdreRcrt��+Ec, 3cmi1' C to the uofpamie {i^e,il -.iii ute line tn Grandi -Ra3d C W .1.. d ,...ten thei c .-.1..... .6,. .. d ...�....,,.. ... . ao�x.ivTn<vrtrw.�c�.. 1'aic uric- .mia.. Lim {h - �, e�AVC d', exten ed' thence aster!) with -t1i-, eentef ,mrcA• •,•.el ANellue to `� � c c c�aic�iczz y..., DH.d SNI.� .6e ee, erl with tile ce tPf Of y..r, J...d cmxl. vim..,._ D.,cr -v , e c lxl he..^c.oa3tel '. z.1t.°f of yOrke. ni 51x1.. to Qtic D c�m -r r ti Tai lii the Conte! o, n. c.A n e.. G ali n >e^d . �4f enel v, beginning. c...r�c�r:rTrrAA. 'rho. hti ^ >, e..1. Court r'. n 60tile 1 akeki., An °:.-vmcn'nc -ccrt.. 1 r�..,e 6-'700 077 (`....fin: n D c lA1ftitt, See 10 65 RT. .e lgTCoc. a:Ct n ^ . c oou i it i'+e`r. 'rye, h,. . �., D,J6 �t- .D-fceeill.. nom. c . Fe,9 ro1r,.o9. -T. oagRi.iilW e aiz.c.. '..^ hi bf'vt -..do ;j A, ii ....d'm?_Re .d c lx /,. «6,.. ... \ae5teF1 -5 ' v�ith the R.- ontl°.T.,i: 1ho^,c ^map Murray Run .... III.P l: o..,.. h1,..,.. nYe. .. the.... ...'.1 .... ... ...... of Bfamb ,.... r�:etil: o A,,entie tH the SienHrid.. 1 - 'F. 1i R.sufanee cU impan thence. np Ftv,kuiier{ «l. said l ..a. pwPel4) A .. i:mice, _` °' -.t.1i ,i.c .eiheim -D _ lam_ modHn A -vciit '; thenee, w 5tcfty mth the a °ntef Bianden to Gfeen"ood Rs d: the°ae° .. nth the .enter ter_..... ooe. 4-Had tH xrndsoF A..enue- .gym rl : ny�. il eel - Winds m! Avenue to .F.6. '° it ei01' Wiil l bORIOStrc0tru tile «�- . nmh cc.rcv. ,.r c..e. .Celnetery� tThenue.. —e :'� .th ,..�m�mm�.1 m line of ve-gFeen Cemeter5 to Tflie -east lisle o° Ra =eHare sonih �_1, withsaid vast4meoi EN e n GumeteFy to Bfi g1..^�� South v, 'a.. ,. ..e.. e.. hD� hien Read to u.. ARti llletthhe plaee o h25^amma C,AI ORNEY'CASFSHARH': Vol., Prccinca Rrelignmenl AP .... wR,z],,.ent5wnintt2015 RCVeioas- Dmf110. 30 15,1,u 16 DRAFT 11/02/2015 Th�.otnyg —place 4n Ra .-eh C� Precinct -T.r^ 5 .na..,���a..,,,�zit the .W..,. na cle_ ent , c jl ..� 25 Sher od AN e c.-NkL n 64 nr,.,.,. ,,, o_,,.',,.t._ oo, .,d...ies ml,, ., -twit ,' I nandan ASyn and Brighton Road, SAN hence. wittcmn�r file enttilecente 4-Bfighton Read in it 1lOFthefP,' difeCth)n k) tile Southeast eomer of tile IiNefgfeen t iexic ` iteast liR of said eevneteiy prapel45 and the eitst line of l�,t mRoanoke s' ".. as anden to t! e iRt mth s Muma5 o Mtirra5 Run to Bfat d„ AST.., C W: iene,, west with the center ,r ovrvc¢tmcmdon Akelwe: S. "t., `.t.. > . I: S. \!., the T^nee.^„e,,..n.**g. c, 068Sante '1'omt'jg- aue ill x .; ,,. 1 ecn shall he established ,. 4he mum t.rth° C4ientcvrrv�cnvcv. • Ix ..,Ihfe, r4. Leh located at 1 c 11 Maiden Lane, &.Ak 'r,,,T -m--ho Rid rzmeSC'Fi_'h o. ., „ follo %s: Beginning `"b , the i-Railw Winston eo . ngh;_ of-w&lz Rid Rear lke D:.. thence, ...Roanoke RE,ef sit eande to t,., ,, R” o - th.,�e� M .. RUII if�o-.. doii Avenue, SAN'.: the,.e P, t c�€Wurra - ate,; -�,�n� ., °.. °� with the- enter n f a_ „I„ AN eRtle,. $:W ; t, ,. _,'.. ,f:,t,.Fsect' „ ,'th nn ,. -ay Run ,t' nnO,t v,..,,.... Road -. SM.: t, nee seuth with Murray ooh,. c meanders _ h line ,f Bunt Mountain Road; t _ 3A 'th he girth 1:.,.. 0 Rent nn��rnt., .. ).,• in a hwestoily direction h.,�0�hf'iNes line of Jef el:o l HillF rH f Gourso .e +s the $ettt ` Mountain o ,..d; thence, seutliv.ester4) diieetien witht4c, West IilleofSteil r,o se being a,,.,.+:,.,.,F t„ .p...t.' „'t..,Fth.,ry, 10 tile AeSt fine of Ogden o.,,h t,...., u anti..in along the cO_,,., ,. 111114S, Ill a th°- � , � clirec ion4e the -poin v here the corporite limits-intelseet with the right ofTAa ofd and West em o • �` •• ,. Inslolt5(tieni , thenue, along s ,h JLht Of in a northeastej), direetion to the place of beginning. c,. 10 an Simi, v,. ,.Tlaae. The Noting n F1' ;ha be , tAhblishe_dill, r:,l h », Pa dc Fie r) School, located at OO1 ? Colonial Avenue, c lx, LrArrORNLY CASES[ [ARE Voting Pneincts Rc Iignment Piecing R.lignnreni Summer2015 Revisions- Draft 10.30.15.docx 17 DRAFT 11/02/2015 The be uni afieS Of6raiKlin Gou n nee,.',.. F., l., S. Begiflilitig at the it ., and U.S. PlHute No. 221 afid MarraV R*E,- thenoe, s ,- &W., to Montgomery Aeen ., ell,. theH,, HHhwest- along the 6„ ..d n Of file Shenandoah Life insurance Cempan� pwpvft� .. A- 41Ee.C.F ,�� dean .. e Road, S.W.; thence ill e a,e .,tend difeeti n -- ilh the , - &.ter nw iloniz'mc Roid. SW to the c,..nn..., thence is the eot-pofate -tea point wnhefe to Bent Nn n,. tHftin R ad is mteF ecte, he the of iefief on Hills GHIf Geufse� thenon lea,,ing the vfpofate4ine in noEtheily direet:e, along the Been. Mountain Road to a point .mete M H _ -Rho .tee p, ment Mountain Road_,enee Nluiiu) u s it ln.,..:Ere ., to U.S. Route A[H 121 at Hid .:.Ee -,va efp. „h, e n.ee e enl and Nh r Run; the n' beginning ccl1 72 -.Janie Voting g plac: The voting au in tivfvndin Coed i fen' e .t shall he established at the nzandin to .-te venentee ca ea, levaiedat Sec. +0- . 'Ilia boundaries of Se to Roanoke n- ecinet No I ice e s Beaffmmii . - and-Roanoke Rivw the thence South ith a„ vent eF - 'c h-Je4itFSOH StF. ,t to a point; lee, e east M6 thelineofthe fonliel ineline ...:1 Up blill -Mount. extende(hte the ee.,te eC the Mill Nrt,e e P . S., -; theiVe t the . °'ten Of .,e Mill MountaHi Patk .. e S.. e d '19P , -) line; theHE:., e Aith the corpoiate line °�h.. es. to-s PoiM�t tile of l„ n.: n -,_ nlenee ith_a 1. �y p Y00.eeet up the old 1943l eoinflufate line and leaving said old voipn_ete if paral ,fir- 20Feet ,. t of Re ,n ,eel n /n.n S.W.' 'hence, mt t i l 'lvtn feet parallel of Redk eJ Drivt-S W to e n.., . nth - -£.te ofcn.nn. -,n, n n cW_. In it noEtheil� direedHn o-H1 —end-, bane. vith a fing - n /th tine l: «e, of, l4opsect Hills s hd'. n'e.. e l lll..l. e..., C. z�� ath thee center er /e , l.. aie, . east.•r to Je n d AN n. any, S.W., thenc�l. th"e- Sera ° - of .,e',. d c ll . Wart;' Salem ^ .nis.on ence with the Same to R -.e Coke RC, e. and n ee . ty 14 eHlol, RiN t�e i„tefte.;tke v itth South jeffefson -Street.- .k,e place of heginn;,ig, See. 10 7d Same ye'nn .elaee The voting plaee in South oanoke 11jeeiflet ion I 4 v-vt Fife eta in No. oft tadc¢teer a! 318 "2l 8 ry O.,ln, nn.e e C'AL. L ,ATIORNEV CASE SHARE,Vouug Peceinds R, lI.,men, P,e ,ln t RtM,,g ,,nn summer2015 Revisions. D.fi 1f130d5 d,,,, 18 DRAFT 11/02/2015 r es— tetlox . Q eginning at the intersecti an a Rosal i _,t n ,, e xxt and T, e •tiy- 44th -StseeE c Wr thenee biih .. , southeFly diFection .ith the lin,, +4'411-( pPct -Hills - subdiNi. ontTsoffierseE n ..�.t,e; •�.,,�. w4h- 41)e- eenter of Soffiefset ANentie to EtS HitefSeetion effkNoeod Dfi c \x/ ..6,.,,, with said 990 F.o. parallel ,ry,t of pe.. 'Oud Dfive; then... with Said 990 F.A. PdFaliel line to the ., d / 94'14 .F OFatiO. line; thellUe, "ith tile Old (1943) OMPOFation 11110 dprF0XHHdlelN 700 feet t() the end of ROY D..N.,, SAN'.: the.., almig the ,, (1965) OoFpoFation ine.. file e..e .. ,. .. RHad and t; .S. PH tile n'. 990 .. tile HVW .6...,,.. n.8 (If tile .t c...h, OR hxpre r (Route �09 ,})rd hk- ot= wuy— I +ue -ad— e- nw .6. k it xle..�e r; uFOa(hA' yt SAN',; ...,., Fmi uzmmvadwa), S.W., . .....,., r_ .r, Road to Stephenson\,. ,. C W . ....... ... .le ..... ., n..., .,, 1v Ontj rst,'cet. '.� t,n.mce, y ith i. Of ' .... fifth c.`.,.. . tile Qystal sp!ing Elonlental� School, lc)cated on the east Side of Garolin Avenue heiween °�' ..d amh c �. c xlr c ... 077 t i0.-.:..... The boundaries ,.r 1,e. tr n...'..,,. afe ,.S jbjr03, �S: 685. thenee. in aii easieil) r. __1S the iiewo.;e to the o,.. ,.. ,, o:, ,._; .hen.,, easterl� direetion , .. Roanoke dr�' .,,. a,,, old (P)41) empoiation thenee, along 6 old (14411 corporation line tH (4adia- Read{xtenson Dr (Viiginia Route A.. (.V and the ne� _ ° -line; thence, _ . Virginia n,. ..No. 419- 4hie_.R,, Road), the place See 10 7S Same {, teed T 4ol hod . r, ..6 'S 591 Windsor AN Se. 10 79. Garden City o..,...,,.. Boundaries: I AT ORNEY`CASE SHARE Voting Prttlnca Rr bgnnmmtPrmind Renlignmeni SummeR015 Revisions -DnR 1019 l5 -d,,v 19 DRAFT 11/02/2015 T6, ho 'If n.. -H- ity-Preeinel- are- as- 4611owr- Begi tirtgat- point en the old (1941) east eHrpHasution line and RiNerland Road, S.F.: thence, ! . n a direction with the eeliter of RiNerland Road to its intersection , All Bennington Street and Mo in 'leasant BH:deeafd S.E. .thence wilf, m the center � " Metint Pleasant PoideNaid, S.F., to the corporation line� thence, with t1w CKKporatioo- line to- tile - interseeNen- a,z°•a.�,.'.,,.a Read tui °,U.S. Rollie N ion. thence, ' M1 an eustefk line .: U.S. Route N. 220 te the Hid (145) c i;,anseet th "-n;.- Metninnit o._ Spuf� hens. - 4he- centerline of lilt Mill Matintain Pad�way Spin to its intersection with the eld (1943) eetpofation h .:c, pienee, " 'n�Sun'a 943) ccPC" « �t�rnicrscc pt m t, 18uer. y Road, tile point yf1begi Se 10 on e, See. 10 onne ne p eCa The voning place in Garden City Pietanut shall be established af4he Gar(ien(;45 Elementary c,. yy .yd..37 8n. .denry'« Btl e d S.F. Article II - Election District: Voter Precincts and Polling Place s Sec. 10 -14. Generally. The territory embraced within the corporate limits of the city is hereby established as one election district, and voter precincts and polling places shall be established in such election district as set foi th in the following sections of this chapter. Sec. 10-15. Alternative Polling, Places. Should the polling place established by any section of this chapter be unusable or inaccessible, as the result of an emcigency, the electoral board shall provide an alternative polling place in accordance with Section 24.2- 310(D), Code of Virginia (1950), as amended - Sec. 10 -10. Central absentee voter precinct. (a) ht accordance with Section 24.2 -712 of the Code of Virginia (1950), as amended, a central absentee voter precinct is hereby established at the Noel C. Taylor Municipal Building, 215 Church Avenue, S -W., at which all absentee ballots will be received, counted, and recorded for all elections held in the city. (b) "I'he city manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within the Lr.Al- TORNEYCASE SHARE .Voting P,cinca Real lgnlnenl'8minet Realignment Summe.8015 Rev,ions -Dag 10.30.15.do, 20 DRAFT 11/02/2015 Noel C. Taylor Municipal Building for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the management and control ofthe electoral board. Sec. 10 -17. Voter Precinct No. I, Peters Creek Precinct Boundaries. 'I he boundaries of Voter Precinct No. I, Peters Creek Precinct, are as follows: Beginning at the intersection of Peters Creek Road, N.W., and Interstate 581, thence, South along the centerline of Interstate 581 to Hershberger Road, N.W.; thence, West along the centerline of Ilcrshberger Road, N.W., to Westside Boulevard, N.W.; thence, South along the centerline of Westside Boulevard, N.W., to Melrose Avenue, N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Peters Creek Road, N.W.; thence, North along Peters Creek Road, N.W., to Peters Creek; thence, North along Peters Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10 -18. Same — Polling Place. The polling place in Voter Precinct No. I, Peters Creek Precinct, is hereby established at the Ruffner Operations Center, located at 3601 Fcmcliff Avenue, N.W. Sec. 10 -19. Voter Precinct No. 2, Grandvicw Precinct Boundaries. The boundaries of Voter Precinct No. 2, Grandvicw, Precinct, areas follows: Beginning at the intersection of Williamson Road, N.W., and Hershberger Road, N.W.; thence, South along the centerline of Williamson Road, N.W., to Oakland Boulevard, N.W.; thence, West along the centerline of Oakland Boulevard, N.W., to its intersection, if extended, with Interstate 581; thence, South along the centerline of Interstate 581 to 10`x' Street, N.W.; thence, South along the centerline of 10's Street, N.W., to Grayson Avenue, N.W.; thence, West along the centerline of Grayson AN curie. N.W., to Thomas Avenue, N.W.; thence, West along the centerline of Thomas Avenue, N.W., to 12`1' Street, N.W.; thence, North along the centerline of 12i1' Street, N.W., to Syracuse Avenue, N.W.; thence, West along the centerline of Syracuse Avenue, N.W., to 16 °' Street, N.W.; thence, North along the centerline of 161° Street, N.W., to Andrews Road, N.W.; thence. West along the centerline of Andrews Road, N.W., to Cove Road, N.W.; thence, West along the centerline of Cove Road, N.W., to Hershberger Road, N.W.; thence, East along the centerline of I lershberger Road. N.W., to the point ofbeginning. Sec. 10 -20. Same— Polling Place. The polling place in Voter Precinct No. 2, Grandview Precinct, is hereby established at St. James Episcopal Church, located at 4515 Delray Street, N.W. L ^ATTORNEY CASE SHARE VOUng P¢rinct, Reh,i ,,inOPrecindR,M,,n,,n1 Summer 201 2 R evlelous- DmR 1030_15 dt", 21 DRAFT 11/02/2015 Sec. 10 -21. Voter Precinct No. 3. Preston Park Precinct— Boundaries The boundaries of Voter Precinct No. 3, Preston Park Precinct. are as follows: Beginning at a point on the Northerly City Limit Boundary where it intersects with the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to Hollins Road, N.E.; thence, West along the centerline of Hollins Road, N.E., to Huntington Boulevard, N.F..; thence, West along the ccntcrlinc of Huntington Boulevard, N.E., to Oliver Road, N.E.; thence, North along the centerline of Oliver Road, N.E_. to Flcming Avcnuc, N.F.; thence, West along the centerline of Fleming Avenue, N.E_. to Oakland Boulevard, N.E.; thence, South along the centerline of Oakland Boulevard- N.E.. to Williamson Road. N.W.: thence, North along the ccntcrlinc of Williamson Road, N.W., to Hershberger Road, N.W.; thence, West along the centeiline of 1leishberger Road, N.W., to Interstate 581; thence, North along Interstate 581 to the Cif, Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. See. 10 -22. Same Pollina Place. The polling place in Voter Precinct No. 3, Preston Park Precinct, is hereby established at the Preston Park Recitation Center. located at 3137 Preston Avenue, N.W. Sec. 10 -23. Voter Precinct No. 4. Williamson Road Precinct— Boundaries. I he boundaries of Voter Precinct No. 4, Williamson Road Precinct, are as follows: Beginning at the intersection of Old Mountain Road, N.E., and Hollins Road, N.E.; thence, South along the centerline of Hollins Road, N.F.., to Liberty Road, N.F,.; thence, West along the ccntcrlinc of Liberty Road, N.F.., to Plantation Road, N.E.; thence, South along the ccntcrlinc of Plantation Road, N.E., to Munnll Road, N.E.; thence, West along the ccntcrlinc of Murrell Road, N.H., to Midland Street, N.E.; thence, South along the centerline of Midland Street, N.F.., to Laconia Avenue, N.E.; thence, West along the centerline of Laconia Avenue, N.F., to Williamson Road, N.E.; thence, North along the centerline of W illiamson Road, N.E., to Liberty Road, N.W.; thence, West along the centerline of Liberty Road, N.W., to hhtersune 581; thence, North along Interstate 581 to the intersection of Oakland Boulevard, N.W., as extended; thence, Fast along the centerline of Oakland Boulevard, N.W., to Oakland Boulevard. N.E.: thence. North along the centerline of Oakland Boulevard, N.E_. to Fleming Avenue, N.E.; thence, East along the centerline of Fleming Avcnuc, N.B., to Oliver Road, N.E.; thence, South along the centerline of Oliver Road, N.F.., to Huntington Boulevard, N.E.; thence, East along the coa telline of Huntington Boulevard, N.E., to Hollins Road, N.E.; thence, East along the centerline of I Iollins Road.. N.E., to the point of beginning. LAITORNEYICASE SHARENUIing Precincts Re Iigomrrl'DmnncrR,ck,ori SUmmeiQ015 Rerieiaus- Drnft 1030_ 15 doc, 22 DRAFT 11/02/2015 Sec. 10 -24. Same — Polling Place The polling place in Voter Precinct No. 4, Williamson Road Precinct, is hereby established at Noel C'. Taylor Academy at Oakland School, also known as Noel Taylor Academy at Oakland, located at 3229 Williamson Road, N.W. Sec. 10 -25. Voter Precinct No. 5- East Gale Precinct Boundaries. The boundaries of Voter Precinct No. 5, East Gate Precinct, are as follows: Beginning at a point on the City Limit Boundary that intersects Orange Avenue, N.E.; thence, clockwise along the City Limit Boundary to Gus Nicks Boulevard, N.E.; thence, North along the centerline of Gus Nicks Boulevard, N.E., to King Street, N.E.; thence, East along the centerline of King Street, N.E., to Orange Avcnuc, N.E.; thence, West along the centerline of Orange Avenue, N.E., to Pinker Crcck: thence, North along, Tinker Crcck to Old Mountain Road, N.H.: thence, South along the ccntcrlinc of Old Mountain Road, N.E., to Hollins Road, N.E.: thence, East along the centerline of I Iollins Road, N.E, to the North -South line of the Norfolk Southern Railway Company; thence, North along the North - South line of the Norfolk Southern Railway Company to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beglnning. Sec. 10 -26. Same— Polline Place. The polling place in Voter Precinct No. 5, East Gate Precinct, is hereby established at East Gate Church of the Nazarenc, located at 2002 Eastgate Avcnuc. N.E. See. 10 -27. Voter Precinct No. G, Hollins Road Precinct — Boundaries The boundaries of Voter Precinct No. 6, Hollins Road Precinct, are as follows: Beginning at a point where "Pinker Creek intersects Old Mountain Road, N.E.; thence, South along Tinkci Crcck to Orange Avenue, N.E.; then cc, East along the centerline of Orange Avcnuc, N.E., to King Street, N.E.; thence. West along the centerline of King Street, N.E., to Gus Nicks Boulevard, N.E.: thence, South along the ccntcrlinc of Gus Nicks Boulevard, N.E., to the City Limit Boundary; thenec, clockwise along the City Limit Boundary to Dale Avcnuc, S.F..; thence, West along Tile ecnlelline of Dale Avcnuc, S.E., to 13li Street, S.E.; thence, North along the ccntcrlinc of 13 °i Street, S.E., to Wise Avcnuc, S.E.; thence, East along the centerline of Wise Avcnuc. S.E., to 14 °i Street, S.E.; thence, North along Tile centerline of 14 °i Street, S.E., to Norfolk Avcnuc, S.F.; thence, East along the centerline of Norfolk Avenue, S.E., to Hollins Road- N.H.; thence, North along the centerline of Hollins Road, N.E., to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the -Norfolk Southern Raihvay Company to Interstate 581; thence, North along LiATTORNEY CASE SoARE:Vming Pa,cinets RealignmeatIs ccinet Real ganeat Surano 2015 Reot,,re- nraa 10.30.15dncr 23 DRAFT 11/02/2015 Interstate 581 to Liberty Road, N.E.; thence, East along the centerline of Liberty Road, N.E., to Williamson Road, N.E.; thence, South along the centerline of Williamson Road, N.E., to Laconia Avenue, N.C.; thence, East along the centerline of Laconia Avcnuc, N.E., to Midland Street, N.E.; thence, North along the ccntcrline of Midland Street, N.E., to Murrell Road, N.E.; thence, East along the centerline of Murrell Road, N.E., to Plantation Road, N.E.; thence, North along the centerline of Plantation Road, N.E., to Liberty Road, N.E.; thence, East along the ccntcrline of Liberty Road, N.E., to Hollins Road, N.E.; thence, North along the centerline of Hollins Road, N.B., to Old Mountain Road, N.E.; thence, North along the centerline of Old Mountain Road, N.E., to the point of beginning. Sec. 10 -28. Same — Polling Place. The polling place in Voter Precinct No. 6, Hollins Road Precinct, is hereby established at the Public Works Service Center, located at 1802 Courtland Road, N.E. Sec. I0 -29, Voter Precinct No. 7, Southeast Precinct Boundaries. The boundaries of Voter Precinct No. 7, Southeast Precinct, arc as follows: Beginning at a point whcrc Dale Avenue, S.C., intersects the City Limit Botmdary; thence, clockwise along the City Limit Boundary to its intersection with the Roanoke River, thence, West along the Roanoke River to Walnut Avenue, S.E.; thence, West along the centerline of Walnut Avenue, S.F., to Interstate 581; thence, North along Interstate 581 to Elul Avenue. S.F.; thence, East along the centerline of Elm Avenue, S.B., to BUlbtt Avenue. S.E.; thence, East along Bullitt Avcnuc, S.E., to 11 °i Street, S.E.; thence, north along the centerline of 10" Street, S.E., to Tazewell Avenuc, S.F..; thence, East along the centerline of Tazewell Avenue, S.C. to I Ii1' Street, S.E.; thence, North along the centerline of I Its Street, S.E., to Church Avcnuc, S.E.; thence, East along the ccntcrline of Church Avenue, S.C., to 12i1, Street, S.E.: thence, North along the centerline of 12'1 Street. S.E.. to the East -West line of the Norfolk Southern Railway Company; thence, East along the East -West line of the Not Southern Railway Company to Rollins Road, N.E.; thence, South along the centerline of Hollins Road, N.E., to Norfolk Avenue, S.H.; thence, West along the centerline of Norfolk Avenue, S.H., to 14 '1i Street, S.E.; thence, South along the centerline of 10' Street. S.E., to Wise Avenue, S.F.; thence, West along the centerline of Wise Avcnuc, S.F., to 13 °i Street. S.E.: thence, South along the centerline of 13 °' Street. S.E_. to Jamison Avenue, S.C.; thence, Fast along the centet9inc of Jamison Avenue, S.C., to whcrc it becomes Dale Avenue, SE.; thence, East along Dale Avcnuc, S.F., to the point of beginning. See.10 -3(1 Same — Polling Placc. The polling place in Voter Precinct No. 7, Southeast Precinct, is hereby established at Jackson Park Library, located at 1101 Morningside Street, S.E. L.ATTORN2) CASE SHARE Vot,ng Pre ,nc¢ RcallgnmennPncinct R. 1,,.em Summer 2015 R, ...l n -nnn 10.30.15 -duuc 24 DRAFT 11/02/2015 Sec. 10 -31. Voter Precinct No. S. Lincoln Terrace Precinct - Boundaries. The boundaries of Voter Precinct No. S. Lincoln Terrace Precinct, are as follows: Beginning at the intersection of 10i' Street, N.W., and Interstate 581; thence, South along Interstate 581 to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to 151' Street, N.W., as extended from Shenandoah Avenue, N.W.; thence, North along the centcrlinc of 15i1' Street, N.W., to Hanover Avenue, N.W.; thence, East along the centcrlinc of Hanovcr Avenue, N.W., to 1311i Street, N.W., to where it becomes Rugby Boulevard, N.W.; thence, North along the centerline of Rugby Boulevard, N.W., to 14i1' Street, N.W.; thence, North along the centerline of 14i1' Street. N.W., to Syracuse Avenue, N.W.; thence, East along the centerline of Syracuse Avcltuc, N.W., to 12" Street, N.W.; thence, South along the centerline of 12 °i Street, N.W., to Thomas Avcnuc, N.W.; thence, East along the centerline of Thomas Avenue, N.W., to Grayson Avenue, N.W.; thence, East along the centerline of Grayson Avenuc, N.W., to 10i1' Street, N.W.; thence, North along the centcrlinc of 10' Street, N.W., to the point of beginning. Sec. 10 -32. Same— Polling Placc. The polling place in Voter Precinct No. 8.. Lincoln Terrace Precinct, is hereby established at the Lincoln Tenace Elementary School, located at 1802 Liberty Road. N.W. See, 10 -33. Votci Precinct No. 9. Highland Precinct Boundaries. The boundaries of Voter Precinct No. 9. Highland Precinct, are as tbllows: Beginning at the intersection of the East -West line of the Norfolk Southern Railway Company and 12 °' Street. S.F.., as extended from Norfolk Avenue, S.E.; thence, South along the centcrlinc of 12'1' Street, S.E., to Church Avenue, S.E.; thence, West along the centcrlinc of Church Avcnuc, S.E., to 1111' Street, S. F.; thence, South along the centerline of I I °i Street, S.E_. to Tazewell Avenue, S.E.; thence, West along the centerline of Tazewell Avcnuc, S.C., to I Vi Street, S.E.; thence, South along the centerline of I I°' Street, S.E., to Bullitt Avcnuc, S.E.; thence, West along the centerline of Bnllltt Avenue, S.E., to Elm Avenue, S.E.; thence, West along the centerline of Clm Avenue, S.L., to Interstate 581; thence, South along Interstate 581 to Franklin Road, S.W.; thence, North along the centerline of Franklin Road, S.W., to Flat Avenue, S.W.; thence, West along the centerline of Elm Avenue, S.W., to Main Street, S.W.; thence, South along the centcrlinc of Main Street, S.W., to Tile Roanoke River; thence, West along the Roanoke River to Bridge Street. S.W.; thence, North along the centerline of Bridge Street, S.W., as extended to the East -West line of the Norfolk Southern Railway Company; thence, East along the East -West line of the Norfolk Southern Raihvay Company to the point of beginning. L'.1A1 -1 ORNEY LASE SHARE, Voting Precincts ReelignmentlPreend Real gnmenl Sanno'015 Rex ision -DmR 10 30 15 docx 25 DRAFT 11/02/2015 Sec. 10-34. Same — Polling Place. The polling place in Voter Precinct No. 9, Highland Precinct, is hereby established at Calvary Baptist Church, located at 608 Campbell Avenue, S.W. Sec. 10 -35. Voter Precinct No. 10, Old Southwest - Wasena Precinct - Boundaries. The boundaries of Voter Precinct No. 10, Old Southwest - Wasena Precinct, are as follows: Beginning at the intersection of Elm Avenue, S.W., and Franklin Road, S.W.; thence, South along the centerline of Franklin Road, S.W., to the Roy L. Webber Expressway; thence, South along the Roy L. Webber Expressway to Brandon ANEMIC, S.W.; thcncc, West along the centerline of Brandon Avcnuc, S.W., to Colonial Avenue, S.W.; thence, West along the centerline of Colonial Avenue, S.W., to 23 "I Street, S.W.; thence, North along the centerline of 23i1 Street, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to Canterbury Road, S.W.; thence, North along the ecntclline of Canterbury Road, S.W., to Windsor Avcnuc, S.W.; thence, West along the centerline of Windsor Avenue, S.W., to Winbome Street, S.W.; thence. North along the centerline of Winborne Street, S.W., to Bluemont Avenue, S.W.; thence, East along the centerline of Bluemont Avenue, S.W_. to Denniston Avenue, S.W.; thence, north along the centerline of Denniston Avenue, S.W., to Memorial Avenue, S.W.; thence, East along the centerline of Memorial Avcnuc, S.W., to the Roanoke River. thence, East along the Roanoke River to Main Street, S.W.; thence, North along the centerline of Main Street, S.W., to F.Im Avenue, S.W.: thence, East along the centerline of Elm Avcnuc, S.W., to the point of beginning. Sec. 10 -36. Same Polling Place. The polling place in Voter Precinct No. 10, Old Southwest- Wasena Precinct, is hereby established at the Highland Park Elementary School, located at 1212 5th Street, S.W. Sec. 10 -37. Voter Precinct No. 11, Raleigh Court Precinct- Boundaries. The boundaries of Voter Precinct No. 1 I, Raleigh Court Precinct, areas follows: Beginning at the intersection of Brandon Avenue, S.W., and Colonial Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to Franklin Road, S.W.; thence, South along the centerline of Franklin Road, S.W., to the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to a point where it intersects with the Northeastern boundary of the campus of Virginia Western Community College as extended; thence, North along the Northeastern boundary L ATIDRNEY CASE SHARE VVoting Pn,,ows Rrahgnntnt h t,ni, Rraligmnmt S"mmer2015 Rev ¢ions- Dona 1030 Sdo,. 26 DRAFT 11/02/2015 of the campus of Virginia Western Community College to Colonial Avcnuc, S.W.; thence, West along the centerline of Colonial Avenue, S.W., to Overland Road, S.W.; thence, North along the centerline of Overland Road, S.W., to Brambleton Avenue, S.W.; thence, West along the centerline of Brambleton Avenue, S.W., to Montgomery Avenue, S.W.; thence, North along the centerline of Montgomery Avenue, S.W., to Woodlawn Avcnue, S.W.; thence, North along the centerline of Woodlawn Avenue, S.W., to Oregon Avenuc, S.W.; thence, Gast along the centerline of Oregon Avenue, S.W., to Guilford Avenue, S.W.:. thence, North along the centcrlinc of Guilford Avcnuc, S.W., to Grandin Road, S.W.; thence, East along the centerline of Grandin Road, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenuc, S.W., to Carter Road, S.W.; thence, North along the centerline of Carter Road, S.W., to Sherwood Avenue, S.W.; thence, East along the centerline of Sherwood Avenue, S.W., to Grandin Road, S.W.; thence, North along the centerline of Grandin Road, S.W., to Memorial Avcnuc, S.W.; thence, East along the ccnterlinc of Memorial Avcnuc, S.W., to Denniston Avenue, S.W.; thence.. South along the centerline of Denniston Avenue, S.W., to Blucmont Avenue, S.W.; thence, West along the centerline of Bluemont Avenue, S.W.. to Winborne Street, S.W.; thence, South alone the ccnterlinc of Winborne Street, S.W., to Windsor Avcnuc. S.W.; thence, East along the centerline of Windsor Avcnuc, S.W., to Canterbury Road, S.W.; thence, South along the centerline of Canterbury Road, S.W., to Brandon Avenue. S.W.; thence, East along the centerlinc of Brandon Avenue, S.W., to 23 "1 Street, S.W.; thence, South along the centerlinc of 23"' Street. S.W., to Colonial Avenue, S.W.; thence. East along the centerline of Colonial Avcnuc, S.W., to the point of beginning. Sec. 10 -33. Same — Polling Place. ]'he Polling place in Voter Precinct No. 11, Raleigh Court Precinct, is hereby established at Christ Lutheran Church, located at 2011 Brandon Avenue, S.W. Sec. 10 -39. Voter Precinct No. 12, South Roanoke Precinct— Boundaries. The boundaries of Voter Precinct No. 12, South Roanoke Precinct, are as follows: Beginning at the intersection of 24'1' Street, S.E., and Yellow Mountain Road, S.E.; thence, South along the centcrlinc of Yellow Mountain Road, S.R., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Franklin Road, S.W.; thence, North along the centerline of Franklin Road, S.W., to Avenham Avenue, S.W.; thence, North along the centerline of Avenham Avenue, S.W., to 26 °i Street, S.W.; thence, Last along the eenterliru of 26ih Street, S.W., to Jefferson Street, S.W.; thence, North along the centerline of Jefferson Street, S.W., to 24 °i Street, S.E.; thence, East along the centerline of 2411' Street, S.F.., to the point of beginning. L. ATTORNEY 'CASE SHARE Voting Precincts Realignmou PVCCina RCaligmncm Summer 2015 Rcv.sions -Umfc 1030.15 &,A 27 DRAFT 11/02/2015 Sec. 10 -40. Same- Polline Place The polling place in Voter Precinct No. 12, South Roanoke Precinct, is hereby established at the Crystal Spring Elementary School, located it 2620 Carolina Avenue, S.W. Sec. 10 -41. Voter Precinct No. 13 Garden City Precinct — Boundaries. 'I lie boundaries of Voter Precinct No. 13, Garden City Precinct, are as follows: Beginning at the intersection of the Roanoke River and the City Limit Boundary North of the Water Pollution Control Plant; thence, clockwise along the City Limit Boundary to Yellow Mountain Road, S.E.; thence, North along the centcrline of Yellow Mountain Road, S.B., to the Mill Mountain Parkway; thence, North along the centerline of the Mill Mountain Parkway to the J.B. Fishburn Parkway; thence, North along the centerline of the J.B. Fishburn Parkway to Walnut Avenue, SE; thcncc, West along the centerline of Walnut Avenue, S.E., to the Roanoke River; thence, East along the Roanoke River to the point of beginning. Sec. 10 -42. Same — Pollin a Pr lace. The polling place in Voter Precinct No. 13, Garden City Precinct, is hereby established at the Garden City Elementary School. located at 3718 Garden City Boulevard, S.E. Sec. 10 -43. Voter Precinct No. 14 Crystal Spring_P_recinel— Boundaries. the boundaries of Voter Precinct No. 14, Crystal Spring Precinct, are as follows: Beginning at the intersection of Interstate 581 and Walnut Avenue, S.E; thence, East along the centerline of Walnut Avenue, S.E., to the J.B. Fishburn Parkway; thence, South along the centerline of the J.B. Fishburn Parkway to the Mill Mountain Parkway; thence. South along the centerline of the Mill Mountain Parkway to Yellow Mountain Road, S.F..; thence, North along the centerline of Yellow Mountain Road, S.E., to 24i11 Street, S.E.; thence, West along the centerline of 24 °i Street. S.E., to Jefferson Street, S.W.: thence, South along the centerline Jefferson Street, S.W_. to 261i Street, S.W.; thence, West along the centerline of 26 °' Street, S.W., to Avenham AVCnne, S.W.; thence, South along the ccntcrlinc of Avenham AN cone. S.W., to Franklin Road, S.W.; thence. South along the ccntcrlinc of Franklin Road. S.W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the North -South line of the Norfolk Southern Railway Company; thence, North along the North -South line of the Norfolk Southern Railway Company to Franklin Road, S.W.; thence, North along the centerline of Franklin Road, S.W._ to Brandon Avenue, S.W.; thence. West LATTORNEYCASF SHAREVVoting hRo,,O5 ReaGgnmenr`P, c, nw Realignment Sumner ?OIS Revisions Dora I030.15do- 28 DRAFT 11/02/2015 along the centerline of Brandon Avenue, S.W., to Interstate 531; thence, North along Interstate 531 to the point of beginning. Sec. 10 -44. Same— Polline Place The polling place in Voter Precinct No. 14, Crystal Spring Precinct, is hereby established at Crystal Spring Baptist Church, located at 2411 Rosalind Avenue, S.W. Sec. 10 -45. Voter Precinct No. 15, Grandin Court Precinct— Boundaries. The boundaries of Voter Precinct No. 15, Grandin Court Precinct, are as follows: Beginning at the intersection of Brambleton Avenue, S.W., and Overland Road, S.W.; thence, South along the centerline of Overland Road, S.W., to Colonial Avenue, S.W.; thence, North along the centerline of Colonial Avenue, S.W., to the intersection of the Northeast boundary of the Virginia Western Community College campus as extended; thence, East along the Northeast boundary of the Virginia Western Community College campus to the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southern Railway Company to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Mud Lick Creek; thence, North along Mud Lick Creek to Grandin Road, S.W.; thence, East along the centerline of Grandin Road, S.W., to Beverlv Boulevard, S.W.; thence, North along the centerline of Bcvcrly Boulevard, S.W., to Westhampton Avenue, S.W.; thence, East along the centerline of Westhampton Avenue, S.W.. to Carlton Road, S.W.; thence, North along the centerline of Carlton Road, S.W., to Fairway Drive, S.W.: thence, Fast along the ccntcrlinc of Fairway Drivc, S.W., to York Road, S.W.; thence, North along the centerline of York Road. S.W., to Brandon Avenue, S.W.; thence, East along the ccntcrlinc of Brandon Avcnuc, S.W., to Grandin Road, S.W.; thence, South along the centerline of Grandin Road, S.W., to Guilford Avenue, S.W.; thence, South along the ccntcrlinc of Guilford Avenue, SM... to Oregon Avenue, S.W.; thence, West along the centerline of Oregon Avenue, S.W., to Woodlawn Avcnuc, S.W.; thence, South along the centerline of Woodlawn Avenue, S.W., to Montgomery Avenue, S.W.; thence, Fast along the centerline of Montgomery Avenue. S.W., to Brambleton Avenue, S.W.; thence, North along the centerline of Brambleton Avenue, S.W., to the point of beginning. Sec. 10 -46. Same — Pollinu, Place. The polling place in Voter Precinct No. 15, Grandin Court Precinct, is hereby established at Grandin Court Elementary School, located at 2315 Spessard Avenue, S.W. L ATrORNEY'CASE SHARE VO1ing P,e,a ,R,ahgnmwntPmcinel RCnGgnment Swmm,,2a15 Revisions -Drew 1030.15 ck s 29 DRAFT 11/02/2015 Sec. 10 -47. Voter Precinct No. 16, Deverle Precinct — Boundaries 'I he boundaries of Voter Precinct No. 16, Deyerle Precinct, are as follows: Beginning at the intersection of Brandon Avenue. S.W., and Mud Lick Creek; thence, South along Mud Lick Creek to the City Limit Boundary; thence, clockwise along the City Limit Boundary to Brandon Avenue, S.W.; thence, East along the centerline of Brandon Avenue, S.W., to the point of beginning. Sec. 10 -48. Same — PollinCPlacc. The polling place in Voter Precinct No. 16, Deyeric Precinct, is hereby established al Covenant Presbyterian Church, located at 1831 Devote Road, S.W. Sec. 10 -49. Voter Precinct No. 17, Lee -Hi Precinct- BOUndal "Ics. The boundaries of Voter Precinct No. 17, Lee -Hi Precinct, arc as follows: Beginning at the intersection of Roanoke Avenue, S.W., and Bridge Street, S.W.; thence, South along the centerline of Bridge Street, S.W., to Mountain View Terrace, S.W.; thence, East along the centerline of Mountain View 'Terrace, S.W., to Chesterfield Street, S.W._ thence, South along the centerline of Chesterfield Street. S.W., to Memorial Avenue, S.W.; thence. West along the centerline of Memorial Avenue. S.W., to Dudding Street, S.W.; thence, South along the centerline of Dudding Street, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to York Road.. S.W.; thence, South along the centcrlinc of York Road, S.W_. to Fairway Drive, S.W.; thence, West along the centerline of Fairway Drive. S.W., to Carlton Road, S.W.; thence, South along the centerline of Carlton Road, S.W., to Westhampton Avenue, S.W.; thence, West along the centerline of Westhampton Avcnuc. S.W., to Beverly Boulevard, S.W.; thence, South along the centerline of Beverly Boulevard, S.W., to Glandin Road, S.W.; thence, West along the centerline of Grandin Road, S.W., to Mud Lick Creek; thence, North along Mud Lick Creek to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue. S.W., to the City Limit Boundary; thence. clockwise along the City Limit Boundary to the Roanoke River, thence, East along the Roanoke River to its intersection with Roanoke Avenue, S.W., as extended; thence, Fast along the centcrlinc of Roanoke Avcnuc, S.W., to the point of beginning. Sec. 10 -50. Same — Polling Place. The polling place in Voter Precinct No. 17, Lee -Hi Precinct, is hereby established at Grace Church, located at 2731 Edgewood Avenue, S.W. L.ATrORNEY CASE SHARE Vnting Pre ,i ... J rntign,,,r, P—w Real...... tSuill -2015 Revisions -Drag 103015.cf.x 30 DRAFT 11/02/2015 Sec. 10 -51. Voter Precinct No. 18, Virginia Heights- Norwich Precinct — Boundaries. fhe boundaries of Voter Precinct No. 18, Virginia Heights - Norwich Precinct, are as follows: Beginning at the intersection of Shenandoah Avenue, N.W., and 24i1' Street, N.W.; thence, South along the centerline of 24i' Street, N.W., to Shaffers Crossing, N.W.; thence, South along the centerline of Shaffers Crossing, N.W., to the East -West line of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to a point where it intersects Bridge Street, S.W., as extended; thence. South along the centerline of Bridge Street, S.W., to the Roanoke River; thence, East along the Roanoke River to Memorial Avenue, S.W.; thence, West along the centerline of Memorial Avenue, S.W., to Grandin Road, S.W.; thence, South along the centerline of Grandin Road, S.W., to Sherwood Avenue, S.W.; thence, West along the centerline of Sherwood Avcnuc, S.W., to Dudding Street, S.W.; thence, North along the centerline of Dudding Street. S.W., to Memorial Avcnuc, S.W.; thence, Fast along the centerline of Memorial Avenue, S.W., to Chesterfield Street, S.W.; thence, North along the ccntcrline of Chesterfield Street, S.W., to Mountain Vicw Terrace, S.W.; thence, West along the centerline of Mountain View Terrace, S.W., to Bridge Street, S.W.; thence, North along the centerline of Bridge Street, S.W., to Roanoke Avenue, S.W.; thence, West along the centeiinc of Roanoke Avenue, S.W., extended to a point whcrc it intersects with the Roanoke River, thence, West along the Roanoke River to the City Limit Boundary; thence, North along the City Limit Boundary to Shenandoah Avenue, N.W.; thence, East along the centerline of Shenandoah Avenue, N.W., to Peters Creek Road, N.W.; thence. North along the ccntcrline of Peters Creek Road, N.W., to the Salem Turnpike, N.W.; thence, East along the centerline of the Salem ILunpikc. . N.W., to Old Stevcns Road, N.W.; thence, South along the ccntcrline of Old Stcvcns Road, N.W., to I' lowland Avenue, N.W.; thence, Fast along the centerline of Troutland Avenue, N.W., to 36`1' Street, N.W.; thence, South along the centerline of 36th Street. N.W., to Shenandoah Avenue, N.W.; thence, Fast along the centerline of Shenandoah Avenue, N.W.. to the point of beginning. Sec. 10 -52. Same— Pollinu Place The polling place in Voter Precinct No. 18, Virginia I Icigltts- Norwich Precinct, is hereby established at Heights Community Church, located at 2014 Memorial Avenue, S.W. Sec. 10 -53. Voter Precinct No. 19, Summit Hills Precinct - Boundaries. The boundaries of Voter Precinct No. 19, Summit Hills Precinct, are as follows: Beginning at a point on the City Limit Boundary that intersects Peters Creek; thence, South along Peters Creek to Peters Creek Road, N.W.; thence, South LAl"rORNEY LASE SHAREVVoling Precincts Renrignmert Prealnct Renlignmenl Summer2015 Re—iona -Draft 1030.1 Sdocx 31 DRAFT 11/02/2015 along the centerline of Peters Creek Road, N.W., to Shenandoah Avenue, N.W.; thence, West along the centerline of Shenandoah AN core. N.W., to the City Limit Boundary; thence, clockwise along the City Limit Boundary to the point of beginning. Sec. 10 -54. Same Pollinp, Place. The polling place in Voter Precinct No. 19, Summit Hills Precinct, is hereby established at Edgewood Christian Church, located at 1006 Peck Street, N.W. Sec. 10 -55. Voter Precinct No. 20 Forest Park Precinct — Boundaries. The boundaries of Voter Precinct No. 20, Forest Park Precinct, are as follows: Beginning at the intersection of Staunton Avenue, N.W., and 15th Street, N.W.; thence, South along the ecnterline of 15 "' Street, N.W., extended to its intersection with the Fast -West line of the Norfolk Southern Railway Company; thence, West along the Fast -West line of the Not Southern Railway Company to Shaffers Crossing, N.W.; thence, North along the centerline of Shaffers Crossing, N.W., to 24r" Street, N.W.; thence, North along the centerline of 24t" Street, N.W., to Shenandoah Avcnuc, N.W.; thence, West along the centerline of Shenandoah Avenue, N.W., to 36ri Street, N.W.; thence, North along the ecnterline of 36 "' Street, N.W_. to Troutland Avcnuc, N.W.; thence, West along the ecnterline of Troutland Avenue, N.W., to Old Stevens Road, N.W.; thence, North along the centerline of Old Stevens Road, N.W., to the Salem Turnpike, N.W.; thence, West along the centerline of the Salem Turnpike, N.W., to Peters Creek Road, N.W.; thence, North along the cent dinc of Peters Creek Road, N.W., to Melrose Avenue, N.W.:. thence, East along the centerline of Melrose Avenue, N.W., to Lafayette Boulevard, N.W.; thence, North along the ccnteriirte of Lafayette Boulevard. N.W., to Dclaware Avenue, N.W.; thence, East along the centerline of Delaware Avenue, N.W., to 21" Street, N.W.; thence, South along the centerline of 21" Street, N.W., to Carroll Avenue, N.W.; thence, East along the centerline of Carroll Avenue, N.W., to 20111 Street, N.W.; thcnee, South along the centerline of 20 "' Street, N.W., to Staunton Avenue, N.W.; thence, Fast along the centerline of Staunton Avenue, N.W., to the point of beginning. Sec. 10 -56, Same— Polling Place. The polling place in Voter Precinct No. 20, Forest Park Precinct, is hereby established at Forest Park Academy. located at 2730 Melrose Avenue, N.W. Sec. 10 -57. Voter Precinct No. 21, Eureka Park Precinct— Boundaries. The boundaries of Voter Precinct No. 21, Eureka Park Precinct, are as follows: Beginning at the intersection of 14th Street, N.W., and Syracuse Avenue, N.W.; thence, South along the centerline of 14th Street, N.W., to Rugby Boulevard, N.W.; thence, South along the centerline of Rugby Boulevard, N.W., to 13th L'AITDRNEYCASE SHARE Von.,fve,00,Reall ¢ m11corPvcino Realignment Snmmn 2015 Revisions- Dmft1030.15docx 32 DRAFT 11/02/2015 Street, N.W.; thence, South along the centerline of 13th Street, N.W., to Ilanover Avenue, N.W.; thence, West along the centerline of I lanover Avenue. N.W., to 15th Street, N.W.; thence, North along the centerline of 15th Street, N.W., to Staunton Avenue, N.W.; thence, West along the centerline of Staunton Avenue, N.W., to 20th Street, N.W.; thence, North along the centerline of 20th Street, N.W., to Carroll Avenue, N.W.; thence, West along the centerline of Carroll Avenue, N.W., to 21st Street, N.W.; thence, North along the centerline of 21st Street, N.W., to Delaware Avenue, N.W.; thence, West along the centerline of Delaware Avenue, N.W., to Lafayette Boulcvard, N.W.; thence, South along the centerline of Lafayette Boulevard, N.W., to Mclrose Avenue, N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Westside Boulevard, N.W.; thence, North along the centerline of Westside Boulevard, N.W_. to Ilershberger Road, N.W.; thence, East along the centerline of Ilcrshherger Road, N.W., to Col'c Road, N.W.; thence, South along the centerline of Cove Road, N.W., to Andrews Road, N.W.; hence, East along the centerline of Andrews Road, N.W., to 16th Street, N.W.; thence, South along the centerline of 16th Street, N.W., to Syracuse Avenue, N.W.; thence, East along the centerline of Syracuse Avenuc, N.W., to the point of beginning. Sec. 10 -58. Same— Pollin_ Place. the polling place in Voter Precinct No. 21, Eureka Park Precinct, is hereby established at Roanoke Academy for Mathematics and Science, located at 1616 19th Street. N.W. Sec. 10 -59. Voter Precinct Ma I he city has filed Engineering Plan 46754 with the registrar, the city clerk, and the city engineer, which engineering plan details the Voter Precincts created and described in this Chapter. Reference should be made to the Voter Precinct Map set forth in Engineering Plan 0754 to further clarify any boundary of any Voter Precinct created in this chapter. Sec. 10 -60 through 10 -80. Reserved A copy of this Ordinance and the Voter Precinct Map shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Section 24.2- 306(C), Code of Virginia (1950) as amended. This Ordinance shall be in full force and effect on and after December 31.2015. LAATTORNEY,CASE SHARE `Voting Precincts Reahgnment hie na Rrallgnmenr Summer4015 Revisions Undi 10.30.15.aocx 33 DRAFT 11/02/2015 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. LAUORNEYV CASE SHARE ,VolingPT— nc,Realign.en, P,d,w Realignment Snmmu2015 Rcvms n,- Ora111010 1 S.dnc, 34 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL. BUILDING Z 15 Cl RL I1C11 AVENGE, SW ROANOKF, VIRG1NIA'_4011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TFI EPtIONF 140853 =431 FAX 540 - 853.1221 IIMAII, cl��- .rtp($o:uwkcca.eoc November 16. 2015 Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Proposed Ordinance to Realign Voter Precincts to reduce the number of voter precincts to 21 voter precincts and one central absentee voter precinct and to Establish polling places fm -the 21 precincts and maintain the central absentee Voter precinct at the Noel C. Taylor Municipal Building Dear Mm or Bowers and Members of Council: This report is to provide you kith a current status report regarding consideration of the realignment of Voter Precincts within the City. Background Currently, the City of Roanoke has established 32 voter precincts within the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building. In 2011, City Council requested the Electoral Board to review the current alignment of voter precincts and make recommendations for changes and adjustments. 'The Electoral Board submitted its initial recommendation that the 32 voter precincts be reduced to 26 voter precincts and the one (I) central absentee voter precinct remain at the Noel C. Taylor Municipal Building. City Council did not take any action on this recommendation and requested the Electoral Board to conduct a further review. In 2011 the Electoral Board recommended a plan to reduce the number of voter precincts from 32 to 19 and maintain one (1) central absentee voter precinct. 'the Electoral Board hosted five (5) informational sessions in rations parts of the City to solicit input from citizens regarding this proposal. Council set this proposal for public hearing on November 19, 2012. Council took no action to adopt or reject this proposal. Council created a nine (9) member Election Precinct Task Force to review the current alignment of toter precincts within the City and make a recommendation to Council. The Election Precincts Task Force recommended that the City realign its voter- precincts by reducing the number of precincts to 20 and maintaining one (1) central absentee toter precinct (task Force Recommendation). The Election Precinct Task Force presented the Task Force Recommendation to Council on June 3. 2013. Following this presentation. Council directed the Cite Attorney to prepare an ordinance that incorporated the Task Force Recommendation. CAN Council scheduled a public hearing on the "Task Force Recommendation for October 20. 2014. During this public hearing. City Council directed the City Attorney to prepare an alternative to the 'Iask Force Recommendation and present that alternative to City Council at a public hearing on November 17, 2014. City Council continued the public hearing until November 17, 2014. During a review of the proposed ordinance to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building, City staff. including the General Registrar, the City Attorney. and GIS staff discovered that the current boundaries of House of Delegates Districts 11 and 17 did not follow the precinct lines as established in current City Code. As a result no alternative was presented to City Council on November 17, 2014. Council tabled further discussion of any precinct realignment proposal until City staff Could explore the possibility that the General Assembly would amend the boundaries of House of Delegates Districts 1 I and 17 to conform those boundaries to the existing City precinct boundaries. The General Assembly did not consider any adjustment to the boundaries of House of Delegates Districts I I and 17 during the 2015 session of the General Assemblti. City staff worked with Council Member Bestpitch to develop a precinct realignment plan with the primary objective of creating voter precincts with active voters in a more even distribution within the precincts. The City Attorney, the General Registrar, members of the Electoral Board, and City staff within the Department of Technology developed a proposed ordinance to reflect these proposed changes. The proposed ordinance amends the existing alignment of voter precincts and establishes 21 voter precincts. The proposed ordinance also designates a polling place for each of the 21 voter precincts and maintains a central absentee polling place at the Noel C. Taylor Municipal Building at 215 Church Avenue, S.W. (the 2015 Proposed Ordinance). Recommended Action Based on the foregoing. I recommend that Council move to take the November 2014 matter off the table; following renmoval from the table, move to amend the proposed ordinance that would implement the Task Force Recommendation in its entirety and replace it with the 2015 Proposed Ordinance and which 2015 Proposed Ordinance was advertised for public hearing to be held on November 16, 2015, at 7:00 p.m.: move to amend the 2015 Proposed Ordinance to correct certain typographical errors appearing on page 2 of the 2015 Proposed Ordinance, and in Section 10 -29. Section 10 -33, Section 10 -43, and Section 10 -51 of the 2015 Proposed Ordinance; and then conduct the public hearing set for Monday, November 16, 2015. at 7:00 p.m. on the 2015 Proposed Ordinance, as amended. Thank you for your consideration Sincerely. Daniel J. .allaghan City Attorney Council Appointed Officers Barbara A. Dameron. Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Andrew Cochran, General Registrar Kennic I lams, GIS Technician Laura M. Carini. Assistant City Attorney The Roanoke Times Roanoke, Virginia ""CLERK H22 P{LY,/ lc ANIN�13 Affidavit of Publication CITY OF ROANOKE - VOTER dW NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE Sys, Rmn 45V ROANOKE, VA 24011 Account Number 6004634 Dale November 09, 2015 Date Category Description Ad Size Total Cost 11/09/2015 Legal Display Ads REDUCE THE NUMBER OF VOTER PRECINCTS 2 x 5,00 IN 2,323.80 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 REDUCE THE NUMBER OF VOTE was published in said newspapers on the following dates: 11102, 11/09/2015 The First insertion being given ... 1110212015 Newspaper reference: 0000234312 B' ling Representative Sworn to aan`\dd �subscribed before mpe� this Monday, November 9, 2015 ; Notary 4blic State of Virginia City/County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CITY OF ROANOKE, VIRGINIA NOTICE OF PUBLIC HEARING FORTHE ADOPTION OF AN ORDINANCE TO REALIGN THE VOTER PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the Clry of Roanoke will hold a public hearing on Monday, November 16, 2015, at 2:00 p.m., ar as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, In the Noel C Taylor Municipal Budding, 215 Church Avenue, S W, Roanoke, Vuginia, to consider adopting an ordinance realigning the boundaries of voter precincts and reducing the umber of voter precincts within the City, as authorized by the provisions of 4242dOfi, Cotle ofYrginia 119501. as amended. The proposed ordinance will reduce the number of voter precincts within the City of Roanoke, Vuginia from (a) 32 voter precinct and I central absentee voter precinct to (b) 21 voter precincts and 1 central able rcevoter precinct, effective December 31, 2015. The proposed ordinance will amend and re usion Article ll. Election Districts. Voting Precincts and Places. Chapter 10, Elections Code ofthe Chi Roanoke 09291, as amended, to establish one (1) election dlstricp 21 voter precincts within the Clry of Roanoke, and maintain one (1) central absentee voter precinct at the office of the General Registrar to he located at the Noel C. Taylor Municipal Building. A any of (p the proposed ordinance, which would establish one (1) election district, create 21 voter precincts within the election district malntaln one 11) central absentee voter precinct at the office of the General Registrar, to be looted at the Noel C Taylor Municipal Building, and establish the location of each polling place for each of the 21 voter precincts, in maps showing the boundaries of the realigned precincts and pip a list Identifying the 21 polling places by street address for the 21 voter precincts, and the name and street address of the central absentee voter precinct are available for review In the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, 5 W, Roanoke, Virginia, on and after Monday, N ... mber2,2015. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this headng, please mntactheGry Oerk's Officeat 15403853 2541, before noon on Thursday, November 12,2015. GIVEN under my hand this 27th day of October 2D15. Stephanie M. Moon Reynolds CMC City Clerk City Of Roanoke _ Attn: Stephanie Moon, City Clerk CITi ,LERKH2c144i3q 16Ptt1c)25 215 Church Ave. SW, Rm 456 ����1/y,r p� �� Roanoke, VA 24011 The 1�\JA 0(Ete TWL.�..0 VE, IIC Date: 11 /13/15 Inv. #C -14456 2316 Melrose Ave.. NW Roanoke, VA 24017 ■■ 540- 343- 0326•Fax 343 -]366 Making and Recording Black History Since 1939 Caption Dates 2015 Runs Size Size Case Number Net Rate Net Total Notice of Public Hearing 11/5 & 12/2015 2 3 col. x 6.5" 1 39.0" 1 - 1 1 $280.80 Any questions in reference to this invoice contact Stan Hale 343 -0326 - Net 30 Days - Please return one copy of invoice with payment or include invoice # on check. ThanksN of Wolfe. not say how many teachers him on Twitter. (Repo - "I support the students joined the walkout. ing by Melissa Fares and who are still camping out Some schoolsweretaking Angela Moon; Additional and fighting for racial jus- preventive measures. presi- reporting by Ben Klayman; tice on campus," said Elisa dent of the University of Editing by Bill Rigby) CITY OF ROANOKE, VIRGINA NOME OF PUBLIC HEARING FOR THE - - ADOPTION OF AN ORDINANCE TO REALIGN THE VOTER PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday. November 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, In the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries of voter precincts and reducing the number of voter precincts within as City, as ended.0 The proposed eo di ante will reduce he Code of Virginia precis , number of voter precincts within the City of Roanoke, Virginia from (a) 32 voter precincts and 1 central absentee voter precinct to (b) 21 voter precincts and 1 central absentee voter precinct, effective December 31, 2015. The proposed ordinance will amend and reordam Article II, FIB on Districts: Voting Precincts and %aces, Chapter 101 Elting, Code of the City of Roanoke (1979), as amended, to estab "sh one (1) election district, 21 voter precincts within the City of Roanoke, and maintain one (1) central absentee voter precinct at the office of the General Registrar to be located at the Noel C. Taylor Municipal Building. A copy of (1) the proposed ordinance, which would establish one (1) election district, create 21 voter precincts within the election district, maintain one (1) central absentee voter precinct at the office of the General Registrar, to be located at the Noel C. Taylor Municipal Building, and establish the location of each polling place for each of the 21 voter precincts; (11) maps showing the boundaries of the realigned precincts; and (III) a list identifying the 21 polling places by street address for the 21 voter precincts, and the name and street address of the central absentee voter precinct, are available for Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W C Clerk, Roanoke, Virginia, on and after Monday, November 2, 2015. All parties and Interested persons may appear on the above date and be heard on this 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 noon on Thursday, November 12, 2015. GIVEN under my hand this 27th day of October, 2015. Stephanie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE, VIRGINA NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO REALIGN THE VOTER PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday, November 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries of voter precincts and reducing the number of voter precincts within the City, as authorized by the provisions of §24.2- 306, Code of Virginia (1950), as amended. The proposed ordinance will reduce the number of voter precincts within the City of Roanoke, Virginia from (a) 32 voter precincts and 1 central absentee voter precinct to (b) 2I voter precincts and I central absentee voter precinct, effective December 31, 2015. The proposed ordinance will amend and reordain Article II, Election Districts; Voting Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke (1979), as amended, to establish one (1) election district, 21 voter precincts within the City of Roanoke, and maintain one (1) central absentee voter precinct at the office of the General Registrar to be located at the Noel C. Taylor Municipal Building. A copy of (i) the proposed ordinance, which would establish one (1) election district, create 21 voter precincts within the election district, maintain one (1) central absentee voter precinct at the office of the General Registrar, to be located at the Noel C. Taylor Municipal Building, and establish the location of each polling place for each of the 21 voter precincts; (ii) maps showing the boundaries of the realigned precincts; and (iii) a list identifying the 21 polling places by street address for the 21 voter precincts, and the name and street address of the central absentee voter precinct, are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after Monday, November 2, 2015. All parties and interested persons may appear on the above date and be heard on this 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 noon on Thursday, November 12, 2015. GIVEN under my hand this 27th day of October, 2015. Stephanie M. Moon Reynolds, CMC City Clerk. Note to Publisher: Please publish in block form (i) twice in The Roanoke Times, Leeal Notices, and (ii) twice in The Roanoke Times, Virginia Section, on Monday. November 2, 2015, and on Monday, November 9, 2015. Please send bill to: Registrar 109 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2281 Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 VOTER PRECINCT MAP ERGIMEERING NA. Y Ow anme muresn CITY OF ROANOKE „i r C06- -y art` Y My name is Casey Stewart and Im here this evening as a concerned citizen to bring awareness to the Ronaoke City Police Departments recent decision to transfer Officer Ronald Robinson out of his position as School Resource Officer. Officer Robinson excelled as an SRO because he was able to walk into an inner city school with a uniform and a badge on and develop relationships with inner city kids in the most difficult demographics. These relationships provided a positive role model as well as an example for kids to learn and grow. The relationships that officer Robinson established changed numerous young lives and gave them an anchor something positive, something strong, which manifested itself into strong citizens of our community and a stronger Roanoke City. Ronald Robinson as an SRO picked up three kids every morning and brought them to school everyday to keep them on the right path academically. 2 of those kids will graduate from high school this year and next fall will be attending a college in the Roanoke Valley. Officer Robinson coached three sports at high schools in the city as a volunteer just so he could reached touch more lives. Every year Officer Robinson would budget 400 dollars out of his salary to buy food while providing a rides to and from school the students and athletes he was helping. Officer Robinson is a very important asset and shining star of the Roanoke city police dept. He represents everything that citizens should want out of their police officers. He is out in the community doing charity for organizations such as the , Wounded Warriors, Steps for Billy, Straight Street and Big Brothers Big Sisters. He works for the Charity the Roanoke Rampage which puts on youth football camps in the city free of charge and raises money for various other charities. He is changing the perception of the police officer in this city to one that is a respected community leader and combatting the ever growing anti police movement among the youth and the various other lives he's had the opportunity to touch. Bottom line is Officer Ronald Robinson makes this Roanoke City Community a safer better community to live and work. Hes taken many young lives that were on the wrong path and were in their criminal infancy and because of his presence, lives were changed and the community was made stronger. My concern for Roanoke City and its citizens derive from absence of officer Robinson as an SRO and the sudden reality of dealing with more youth in their adult criminal prime where the presence of Officer Robinson could have changed such a senerio. All we want is someone to look into the matter fully and get opinions from all parties involved and most importantly hear the voices of the youth.