HomeMy WebLinkAboutCouncil Actions 03-21-16PRICE
40456- 032116
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 21, 2016
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. Council Members Ferris and Rosen arrived
late.
The Invocation was delivered by The Reverend Melissa S. Kessler, Minister
to Students and Missional Activities, Grandin Court Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, March 24 at 7:00 p.m., and Saturday, March 26 at 4:00 p.m.; and video
streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIORTO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY
COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH
PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S
HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT
ICON, CITY COUNCIL AGENDAS.
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 BYTHE 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:
BUILDING AND FIRE CODE OF APPEALS /AT -LARGE - ONE VACANCY
THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2018
CITY OF ROANOKE FINANCE BOARD - ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2016
2.
FAIR HOUSING BOARD — ONE VACANCY
THREE -YEAR TERM OF OFFICE ENDING MARCH 31, 2019
PARKS AND RECREATION ADVISORY BOARD — ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING MARCH 31, 2017
PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring Tuesday, March 29, 2016 as Welcome Home Vietnam
Veteran's Day.
Mayor Bowers declared March 29, 2016 as Welcome Home Vietnam Veteran's
Day and recognized Robert Gravely, a Vietnam Veteran 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.
Robert Gravely, 3360 Hershberger Road, N. W., appeared before Council to
restate the importance of God's law and judgment day.
Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before Council to
discuss Destination Roanoke and requested Council to petition DRPT to
sanction bicycle access at the impending AMTRAK station.
At this point, Council Member Rosen entered the meeting (2:17 p.m.)
Duane Howard, 1221 61" Street, S. E.; Elliot Broyles, 1938 Hope Road, S. W.;
David Wertz, 430 Walnut Avenue, S. E.; Holly Newbold, 1261 Hamilton
Terrace, S. E,; Mary Newbold, 2833 Avenham Avenue, S. W.; Nancy Barbour,
2934Avenham Avenue, S. W.; Fran Davis, 1308 Hamilton Terrace, S. E.; Paige
Kauffman, 2406 Richelieu Avenue, S. W.; and Tyler Godsey, 1323 Hamilton
Terrace, S. E., appeared before the Council to share concerns regarding the
volume of music from Dr. Pepper Park events.
At this point, during discussion of the volume of music from Dr. Pepper Park events,
Council Member Ferris entered the meeting (2:55 p.m.)
4. CONSENT AGENDA:
(APPROVED 7.0)
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. Mayor
Bowers called attention to two requests for Closed Meeting from the City
Manager.
C -1 A communication from the City Manager requesting that the Council convene
in a Closed Meeting to discuss disposition of City -owned property located at 2750
Hoover Street, N. W., where discussion in an open meeting would adversely affect
the bargaining or negotiating strategy of the public body, pursuant to
Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Manager requesting that the Council convene
in a Closed Meeting to discuss disposition of City -owned property located at 0 Blue
Hills Circle, N. E., where discussion in an open meeting would adversely affect the
bargaining or negotiating strategy of the public body, pursuant to Section 2.2 -3711
(A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 Minutes of the Audit Committee held on Monday, December 21, 2015.
RECOMMENDED ACTION: Received and filed.
C -4 Report of qualification of Renee "Butch" Craft as a City representative of the
Roanoke Valley Convention and Visitors Bureau Board of Directors for a one -year
term of office ending June 30, 2016.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
a. Presentation of the Annual Report of the Roanoke City Sheriff sDepartment
for the 2014 - 2015 Fiscal Year. The Honorable Tim Allen, City Sheriff,
Spokesperson. (Sponsored by Council Members Sherman P. Lea and
Anita J. Price)
Presentation was received and filed.
Sheriff Allen expressed sincere condolences at the loss of Master
Deputy Tim McCoy who passed on Sunday, March 20 following a battle
with cancer.
b. DIRECTOR OF FINANCE:
1. Repeal Budget Ordinance No. 40444 - 021616 in connection with a
contract between the City of Roanoke and CONMED, Inc., to provide
medical services for inmates housed in the City Jail.
Adopted Budget Ordinance No. 40461-032116. (7 -0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Acceptance of the State Homeland Security FYI Grant funds from
the Virginia Department of Emergency Management to upgrade the
City's hazardous materials monitoring equipment in support of the City
of Roanoke HAZMAT Team.
Adopted Resolution No. 40456- 032116 (6 -0, Council Member
Price was not present when the vote was recorded); and Budget
Ordinance No. 40457-032116. (7 -0)
2. Acceptance of State Homeland Security FYI Grant funds from the
Virginia Department of Emergency Management to enhance the
current capabilities of the City's Division 6 Heavy Technical Rescue
Team, in conjunction with Roanoke County Fire and Rescue and City
of Salem Fire -EMS Departments.
Adopted Resolution No. 40458-032116 and Budget Ordinance No.
40459 - 032116. (7 -0)
3. Appropriation of Stormwater Utility Fund Retained Earnings to
address storm drain improvements.
Adopted Budget Ordinance No. 40460-032116. (7 -0)
COMMENTS OF CITY MANAGER.
The City Manager offered the following highpoints:
• Raleigh Court library reopens after year -long renovation on
Tuesday, March 15, 2016.
o Williamson Road branch is next in line for renovations.
o Melrose Library branch following.
• An Italian automotive manufacturer, ELDOR Corporation to build a
production plant in Botetourt County which will bring new jobs to
the region.
• Announcement of the Roanoke Health Science and Technology
Innovation District with increased participation from Virginia Tech
and Carilion.
The St. Patrick's Day parade held on Saturday, March 12, 2016 in
downtown Roanoke was named in the top -ten parades with nearly
16,000 people in attendance with great participation in the following
events:
o Shamrock Festival held behind the City Market Building.
o McDonald's Kids Zone held in front of the Taubman Museum of
Art on Salem Avenue, S. W. and along Market Street, S. W.
o Corned Beef & Company Celtic Celebration.
8. REPORTS OF COMMITTEES:
a. 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. 40462-032116. (7.0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
12. RECESSED - 4:14 P.M.
THE COUNCIL MEETING STOOD IN RECESS FOR A CLOSED MEETING; AND
THEREAFTER, WILL RECONVENE AT 7:00 P.M., IN THE CITY COUNCIL
CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 21, 2016
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. Council Member Price arrived late.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
CERTIFICATION OF CLOSED MEETING. (6 -0, Council Member Price was not
present when the vote was recorded)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, March 24 at 7:00 p.m., and Saturday, March 24 at 4:00 p.m.; and video
streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council
meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition was deferred until end of meeting.
At this point, Council Member Price entered the meeting (7:05 p.m.)
B. PUBLIC HEARINGS:
1. Request of Habitat for Humanity in the Roanoke Valley, Inc., to rezone
properties located at 3435 and 0 Melrose Avenue, N. W., from Commercial -
Neighborhood District; and Commercial- Neighborhood District and
Residential Single - Family District, respectively, to Commercial - General, with
a condition. Maryellen F. Goodlatte, Esquire, Spokesperson.
Adopted Ordinance No. 40463-032116. (7 -0)
2. Request of LSW -HMW Family Limited Partnership to repeal conditions
proffered as part of a previous rezoning adopted by Roanoke City Council,
pursuant to Ordinance No. 36625 - 021704 on February 17, 2004, in
connection with property located at 622 Huntington Boulevard, N. E.
Daniel F. Layman, Attorney, Spokesperson.
Adopted Ordinance No. 40464-032116. (7 -0)
3. Request of the City of Roanoke to vacate a portion of right -of -way along the
northern edge of Norfolk Avenue, S. W., between 2" Street, S. W. and
S. Jefferson Street, and a portion of fight -of -way along Norfolk Avenue, S. E.,
between S. Jefferson Street and Williamson Road, S. E., with ownership
being transferred to Norfolk Southern Corporation for development of a
passenger train platform. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40465-032116. (7 -0)
4. Proposal of the City of Roanoke to convey to Straight Street Roanoke Valley,
Inc., City -owned property situated at 108 Coyner Springs Road, Botetourt
County, Virginia, containing approximately 6.928 -acres of land, togetherwith
any buildings and improvements thereon; and a parcel of property situated
on Coyner Springs Road, Botetourt County, Virginia, containing
approximately 23.48 -acres of land. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40466-032116. (7 -0)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Mayor Bowers, along with Council Members Lea and Price recognized the
Williamson Road Recreation Club Lady Warriors Girls Basketball Team for
successful back to back undefeated seasons.
The Team was presented with Certificates, Medallions and Trophies in
recognition of their outstanding achievements.
D. ADJOURNED — 7:37 P.M.
to
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
1,1,1.11 ..: (540)X53 -1541
Far:(-9411)853-1145
S LPHANIE M. MOON REYNOLDS, MMr E -mail dcrk(n`ra:mokon.g "° ('EC ELIA T. WEDD, CMC
fin 0 rk Acri, D,tu, (it, Clerk
March 24, 2016
The Reverend Melissa S. Kessler, Minister to Students
and Missional Activities
Grandin Court Baptist Church
2660 Brambleton Avenue, S. W.
Roanoke, Virginia 24015
Dear Pastor Kessler:
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, March 21, 2016.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely,
Stephanie M. Moon keynolds, MMC
City Clerk
SMR:aa
CECELIA C W EBB, CMC
Assistant Deputy City Clerk
March 23, 2016
Betty H. Lesko, Regent
Nancy Christian Fleming Chapter
Daughters of the American Revolution
22 Beneva Circle
Moneta, Virginia 24121
Dear Regent Lesko:
I am enclosing a ceremonial copy of a proclamation declaring March 29 as "Welcome
Home Vietnam Veteran's Day' in recognition and honor of Vietnam Veterans and their
families for their service and sacrifices during the Vietnam War from November 1, 1955
through May 15, 1975.
On behalf of the Mayor and Members of City Council, I would like to recognize the brave
men and women who served our country during this critical period in our history. We
thank all those who took the responsibility of protecting our freedoms and serving
courageously with the sole purpose of preserving peace. We remain forever grateful for
their service and selflessness in the name of liberty.
The abovereferenced proclamation was read in its entirety at a regular meeting of the
Council on Monday, March 21, 2016.
Sincerely,
h-) - N�n�, 6 hti
Stephanie M. Moon Reynt5lds, MMC
City Clerk
Enclosure
CITY OF ROANOKE
9Q
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
.TZ'
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)553-1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: clerk @,roanokeva.6uv CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA C W EBB, CMC
Assistant Deputy City Clerk
March 23, 2016
Betty H. Lesko, Regent
Nancy Christian Fleming Chapter
Daughters of the American Revolution
22 Beneva Circle
Moneta, Virginia 24121
Dear Regent Lesko:
I am enclosing a ceremonial copy of a proclamation declaring March 29 as "Welcome
Home Vietnam Veteran's Day' in recognition and honor of Vietnam Veterans and their
families for their service and sacrifices during the Vietnam War from November 1, 1955
through May 15, 1975.
On behalf of the Mayor and Members of City Council, I would like to recognize the brave
men and women who served our country during this critical period in our history. We
thank all those who took the responsibility of protecting our freedoms and serving
courageously with the sole purpose of preserving peace. We remain forever grateful for
their service and selflessness in the name of liberty.
The abovereferenced proclamation was read in its entirety at a regular meeting of the
Council on Monday, March 21, 2016.
Sincerely,
h-) - N�n�, 6 hti
Stephanie M. Moon Reynt5lds, MMC
City Clerk
Enclosure
ogtee
CITY OF
ROANOKE
dallld�1011
WHEREAS, our Nation's Vietnam War Commemoration gives us the
opportunity for all Americans to recognize, honor and thank our Vietnam
Veterans and their families for their service and sacrifices during the
Vietnam War from November 1, 1955 - May 15, 1975,
WHEREAS, over 9,000 organizations across America have joined with the
Department of Defense as a Commemorative Partner to honor our
Nation's Vietnam Veterans, including the Nancy Christian Fleming
Chapter of the Virginia, National Society Daughters American Revolution,
WHEREAS, this commemoration includes nine million Americans, with
approximately 7.2 million of them living today, and makes no distinction
who served in- country, in- theater, or were stationed elsewhere during
those 20 years— all answered the call of duty, and
WHEREAS, Veteran's Affairs Secretary Robert A. McDonald has
designated March 29, 2016, the last day that U.S. troops were on the
ground in Vietnam, as a day to honor those who have "borne the battle',
and to extend gratitude and appreciation to them and their families.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim March 29 throughout this great All- America
City, as
WELCOME HOME VIETNAM VETERAN'S DAY.
Given under our hands and the Seal of the City of Roanoke this twenty -
first day of March in the year two thousand and sixteen.
ATTEST.'
Stephanie M. Moon Reynolds
City Clerk
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caf�ci i'�cJIE
Dear Friends and Neighbors,
I am writing this letter in support of the Dr Pepper Park and its live music here in our
neighborhood. I think we should all support music and arts in our neighborhood. In recent years
Roanoke has suffered economically, such as the loss of many jobs at the railroad etc.
The medical school and Dr Pepper Park has been a bright spot in the somewhat dismal
landscape. The demolition of the concrete mills gave way to the new buildings and the DR.
Pepper Park.
The green way and the DP Park complement one another to create a vibrant neighborhood where
people are attracted to live, work and play especially with the additions of new businesses across
the river made accessible to everyone. Some people have said the music makes it hard to sell or
rent there properties, I think it is the exact opposite. I think it would attract buyers and renters.
There are a lot of people who would like Roanoke to stay the same and grow stagnant, my hope
is people will embrace change continue to support music and the arts to help make Roanoke a
destination that will attract new business and industry. So we can make Roanoke a viable place
economically to live and prosper.
Thank you
Best regards
Roger L Crowder Jr,
Cindy Campbell
Via Facebook
I live in this neighborhood and was very excited when they opened the park and everything that went
along with it!!! I see this as a benefit to the neighborhood it brings more people to the area. I can hear
the concerts from my home just the same as I can hear the concerts from elmwood park I enjoy a free
concert from my home. I knew eventually the area would change and was looking forward to the day
when all those vacant buildings would comedown and change to something that would benefit the
community!!
Tara Seabolt -Hall
Via Facebook
I live right across the river from Dr Pepper Park and I thoroughly enjoy having it so close. All of the shows
are over by a specific time and I can't hear anything while inside the comfort of my historic home. Not to
mention, it's great to be able to sit on my sideporch and listen to the music for free!
Dana Be
Via Facebook
I see both sides to this issue... And I want to buy a house in that neighborhood so if you hate the park I
understand, and please let me help you and sell me your house.
Amanda Painter Forrester
Via Facebook
I love it here on the hill! I'm moving soon and the live music is one of the many things I'm going to miss
about this neighborhood. It makes me feel like I'm part of a vibrant city.
Laura Atwood Dueker
Via Facebook
I live in this neighborhood with a very young family.. We love having the park there. Inside our house we
can't hear the music but have enjoyed sitting on our front porch listening to it. We basically live right
across the river from it and our baby has never had any trouble sleeping through the music. It is also
nice to be able to walk there with our child and dog and enjoy a family friendly event.
The people who live on Linden Street say Play The Music! We love it and we like that it attracts younger
people to our neighborhood. Or Pepper Park has always been respectful in our neighborhood and the
events are done well before the mandated noise ordinances for Roanoke City. I feel it brings up our
property value and make this side of town popular with all the medical students and community here.
Thank you,
Lolly McCray
To Roanoke City Council and fellow neighbors surrounding Dr. Pepper Park,
My wife and I have a 1 year old daughter and we live almost directly across the river from Dr.
Pepper Park. We are in favor of the park and all the events that take place throughout the year.
We moved into the neighborhood in July of 2014, before the park had opened. We were aware
of the proposed park and other businesses being built in that area. It was one reason we chose
this buy in this neighborhood.
We enjoy having a place (that is in walking distance) to go where the atmosphere is family and
dog friendly. We love the fact that we can bring our dog and he can participate as part of the
family.
Having moved to the area from Scottsdale, AZ, Dr. Pepper Park has provided the opportunity for
us to create relationships with new people and families that share in our values. The park has
facilitated the opportunity for us to connect with neighbors we didn't previously know. As well as
the opportunity for us to network and grow in our professional careers.
In addition, it is a great place for us to bring our family, friends and just enjoy the freedom and
fun that public entertainment brings. We hope the pedestrian bridge is built soon so we can walk
straight across the river, giving our entire neighborhood access to not only the park but also the
businesses close by. Dr. Pepper Park is in my opinion why we live in the city. A place we can go
to enjoy fun family friendly activity. If we wanted peace and quiet then the county or the farm is
where we would live.
I believe this is a bonus for our property values and our neighborhood as a whole. We want
young families and professionals to move into our neighborhood. We want our local businesses
like Hits, Gas N' Shop, Moe's Southwest Grill and Starbucks to experience high revenues. For
all these reasons Brian, Laura, Bryn and Duke (the dog) Dueker are strongly in favor of keeping
Dr. Pepper Park - a place we can go to enjoy.
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S�ece kt'r $k5
Members of City Council
My name is David Wertz and I am speaking as a member of the Mill
Mountain neighborhood. Last Friday, a small group of us met with officials
from the City of Roanoke. In that meeting, the Assistant City Manager, Mr.
Brian Townsend, told us that the City does not believe Dr. Pepper Park is
subject to the City s noise ordinance because amphitheaters are permitted
in the Downtown District zone.
We agree that Section 36.2.315 of the Roanoke City Code includes
"amphitheaters" in the list of permitted establishments. But we can find no
language that exempts them from abiding by the remainder of the Code,
and in particular, Section 21 regarding prohibited offenses. As you may
know, Section 21 of the Code contains provisions relating to obscenity,
weapons, gambling, and noise, among others.
We have read the 10 specific exceptions to the Noise Ordinance
listed Section 21 -208 that includes municipal events held on public
land. We can see how the amphitheater in Elmwood Park falls under this
exemption. But we see no such exemption for private, for - profit
establishments such as Dr. Pepper Park. In fact, there are plenty of
examples of where approved Downtown establishments were held in
violation of Section 21. One recent example that we are all familiar with is
the former 202 Market Street that lawfully operated an entertainment
establishment but was cited for violation of Section 21.99 of the Code
regarding obscenity. We are here today because we believe that Dr.
Pepper Park is operating in violation of other sections of Section 21 of the
City's Municipal Code.
We therefore wish to request that the City Council direct the City Attorney
to provide a legal opinion, that can be shared with us in the public, that
explains the legal basis for how private "amphitheaters" operating within
the Downtown District are exempt from the City Noise Ordinance. If the
Noise Ordinance is deemed not to apply to private establishments, then we
would request legal guidance on what, if any, restrictions are applicable to
such private establishments. While our immediate concern is Dr. Pepper
Park, the outcome has broader ramifications on other future
establishments. Thank you for your time.
My name is Holly Newbold. I am speaking on behalf of the high
concentration of medical personnel that live in the Riverside and
Walnut Hills residential area. I am a nurse in vascular ICU at Carilion
and I live one block from Dr. Pepper Park. I also own seven rental
units within earshot of the Park. Our tenants include physicians and
nurses. Medical personnel and health science students are the focus
of the projected growth of the immediate area yet the current zoning
of Dr. Pepper Park does nothing to protect our interests and quality of
life. Our area is the most affordable and proximate neighborhood to
Carilion and the new med school —the excessive sound is driving out
the medical community.
Initially I was thrilled to have a music venue nearby as I love live
music and festivals. However the reality of living next to a venue with
no reasonable and enforceable decibel limitations has been
appalling. On concert nights the volume inside my home is so loud
you cannot even hold a conversation.
When I worked the night shift I was unable to get afternoon sleep
before work despite earplugs and a noisemaker. I had no choice but
to go elsewhere to get adequate sleep before my shift. I know other
night shift medical professionals who must also leave the
neighborhood to get rest due to incredibly high sound levels. If your
family member was ill and in the ICU, wouldn't you want your doctor
or nurse to be well rested and sharp when their decisions can make
the difference between life and death?
There needs to be a fair balance struck to keep the city livable for
everyone while allowing a sonic environment that is conducive to the
development and evolution of Roanoke's cultural and music scene.
This fair balance must also enhance neighborhood attractiveness to
visitors, medical personnel and longtime neighborhood
inhabitants. We need for there to be more sensible, enforceable
sound ordinance limitations for events held at the park that respects
the fact that this is a medical and residential area.
Apparently under current zoning Dr. Pepper Park has no obligation to
do anything to limit volume and our neighborhood is at the mercy and
whim of event management.
I am asking City Council for a permanent solution to limiting
excessive sound levels. I believe there should be sensible, specific
and enforcible provisions in the sound ordinance for Dr. Pepper Park.
We also need designated methods for determining and enforcing
sound violations.
Austin Texas for example is the live music capital of the world. Even
they have reasonable, straightforward decibel sound limitations for
concerts held at all outdoor venues and parks. Why can't we have the
same?
<feak,Lr 4-1
I have provided each of you with a map showing the relationship of Dr. Pepper
Park to adjacent buildings and the Riverland/Walnut Hills neighborhood.
Locate Walnut Avenue Bridge over the river with the blue box against the
concrete bridge. This is the Park pavilion where bands perform. Then just to the
left of the pavilion is a large red brick building. A little further down on the left is a
brown U shaped building. This is the South 16 Apartments.
The flow of sound from the pavilion is drawn with red lines. Note that the sound
goes across the river and up the mountain on one side. It then hits into the red
brick building and the South 16 Apartments on the other side.
Then, blue lines show the bounce of the sound from the buildings back across
the river to the hillside homes. Only those residents to the extreme right or left
hear the concert clearly. All others, including the attendees, hear only cross -over
sounds when the bounce off the buildings crosses over the flow from the band.
This cross -over is why windows rattle and art falls from walls in the homes across
the way. This is not where a professional would have placed a concert venue.
Buildings on one side, a pavilion against a concrete wall, a river at the base of a
mountain on the other side produces poor quality sounds and is too disruptive.
Dr. Pepper Park was a stupid idea for that location! You can hire an independent
sound engineer to confirm this. This is America. A city does not do this to people
that have only had peace and quiet. A poor quality sound venue that destroys an
entire neighborhood is not for the good of Roanoke.
This is a private for - profit venue. It is not a public venue as it is not operated by
the City of Roanoke. This is about money! And thus far, money for the private
investors is more important than the quality of life for citizens of Roanoke.
My name is Nancy Barbour and I live on Avenham and hear the music. I am
going to share what other residents wrote on their petition.
Ruth on Ivy wrote:
It is super annoying to have large, noisy crowds attracted to what is absolutely a
residential area. Who did they pay off to get permission to do this. This would
NEVER happen in South Roanoke.
Barbara owns 602 Camilla and wrote:
My renters complain about the loud music. Please do whatever necessary to
either move the venue or greatly reduce the decibel level.
Max Standar at 2416 Avenham wrote:
The neighborhood came first, The Park should not bully its way into our lives.
Mary at 1221 Jefferson wrote:
I couldn't hear my TV without blasting the volume. I'm sure if i turn up my volume
too loud, my neighbors may call the police on me. I happen to enjoy my windows
open to get fresh air and shouldn't have to shut them.
Matilda Bradshaw wrote:
I own a duplex on Laurel and because of the loud noise I have lost both tenants.
have no tenants now and don't think I will be getting any due to the very loud
noise. No one can sleep who must get up early for work. I am very sad and upset
about this situation.
A Dr. on Linden Street wrote:
The music is amazingly loud. I think this may have to do with the acoustics of the
sound and the mountain on which our homes are built. It is like having front row
seats. On school nights it is even more unfortunate.
A Dr. and his wife who live on Belleview wrote:
Please stop the load music especially at night when we are trying to sleep. We
can hear it in our home even with all doors and windows closed.
I want to share the experiences that other petition signers have shared with us
James Sorrells on Arbutus Avenue wrote:
Our families chose this neighborhood for it's peaceful environment, we were here long
before the Dr. Pepper Park, This definitely infringes on our rights as property owners to
have a peaceful and quiet environment to call home. Please consider for one moment
how you would feel if someone built an amusement park in the center of your peaceful
neighborhood.
Jennifer at 522 linden wrote:
When there are concerts I can't enjoy an evening at home, outside or inside.
Janet at 2223 Wycliffe wrote:
I can hear the words to the music on my porch more than 1 mile away
Timothy & Kimberly Bowlin at 1315 Woodbine St wrote:
We like music, but Dr Pepper park concerts are annoying & intrusive! Please move it
away somewhere.
Richard on 23rd St. wrote:
I would like to feel that we do no live near a fraternity house. The music is too loud.
A neighbor up on Walnut wrote:
After the concerts end, people fly up Walnut towards the Parkway. They are going
faster than 60 miles per hour. This road turns into a speedway. One night, a speeding
car side - swiped my husbands truck, hitting the side mirror and breaking it off. It cost us
over $300.00 to replace it.
@CITY COUNCIL REPORT
To: Honorable Mayor and Members of City Council
Date: March 21, 2016
Subject: Dr. Pepper Park
Background
The Facility known as Dr. Pepper Park is operated by lease on a privately owned
parcel located in the Bridges Development Project which is located within the
South Jefferson Redevelopment Area (Area). Beginning in 2000, the City, in
conjunction with the Roanoke Redevelopment and Housing Authority and
Carillon, laid the framework for the systematic acquisition and redevelopment
of the Area which encompassed more than forty acres of blighted industrial and
vacant properties in order to facilitate a health sciences and technology based
rebirth. Over the past decade and a half the original redevelopment partners,
and more recent partners such as Virginia Tech, have implemented the goals
and objectives of the original redevelopment plan through various actions
related to the acquisition, demolition, and redevelopment of the various
properties, and providing an appropriate zoning and design guideline
framework for its resurgence.
A key milestone in the progress of the redevelopment of this Area was the
effort beginning in 2012 by Roanoke River Associates, LLC, to acquire the
properties located east of Jefferson Street from Carillon to initiate what is
known today as the Bridges Development, a mixed use project containing
residential, commercial, office, retail, and related supportive uses and
amenities.
Zoning
On March 16, 2012, the City Planning Commission held a public hearing on an
application to rezone the Bridges Development (approximately 14.4 acres
overall) from INPUD (Institutional Planned Unit Development) and 1 -1 (Light
Industrial) to the D (Downtown) zoning designation. The Planning
Commission's recommendation to the City Council was unanimously in favor.
Subsequently, on April 16, 2012, the City Council held its own public hearing
on the application in light of the City Planning Commission's recommendation.
The City Council approved the rezoning of the property to the D (Downtown)
zoning designation. An amphitheater, as defined by the Zoning Ordinance, is a
principal permitted use in a D (Downtown) zoning district.
Noise Ordinance
Section 21 -207 (2), Loudspeakers, Public Address Systems and Sound Trucks, is
the pertinent section of City Code with which the Police Department has
reviewed / responded to inquiries regarding sound emanating from Dr. Pepper
Park during its inaugural season in 2015. This section of the City Code is
applicable to Dr. Pepper Park since the sound source is a public
address /loudspeaker system. This section of the City Code limits applicability
of limitations on sound to the hours of between 10:00 p.m. and 8:00 a.m. In
consultation with the operators of Dr. Pepper Park and the Police Department
there were not any documented instances of concerts or events using a public
address system beyond the 10:00 P.M. limit in 2015. Police Department
records indicate approximately nine (9) calls for service were received regarding
the operation of Dr. Pepper Park between May and October during calendar year
2015.
Current Actions / Activities
During the City Council meeting of March 7, 2016, the Administration was
asked to review concerns /comments made by citizens regarding the operation
of Dr. Pepper Park. Subsequently a meeting was arranged with those citizens,
attended by city staff and a representative of the operator of Dr. Pepper Park,
Sponsorhounds. That meeting took place on -site at Dr. Pepper Park on the
afternoon /evening of March 18". Approximately ten (10) citizens were in
attendance. During the meeting, citizens outlined their concerns to the
Sponsorhounds representative and to city staff. Information was provided to
the group from city staff regarding the zoning of the property and the pertinent
provisions of the City Code which govern the regulation of activities on the site.
As part of the discussion, Sponsorhounds distributed the currently proposed
schedule for concerts and festivals for the 2016 (April- October) season (see
attached). Sponsorhounds also indicated two specific operational changes that
will take place for the season which begins on April 91h with the Woofstock Dog
Festival:
Festival Sound Levels: Sound levels during festival events will not exceed
90 decibels as measured at the 'sound mixing position' which is located
approximately 100 feet back from the front of the stage pavilion.
Festivals are planned for Saturdays, and based on the current working
schedule for 2016, festivals would operate up to 7:00 p.m.
Concert Sound Levels: Sound levels during concert events will not exceed
95 decibels as measured at the 'sound mixing position' which is located
approximately 100 feet back from the front of the stage pavilion. Based
on the current working schedule for 2016, concerts would operate on 8
different weeknights, and would end prior to 10:00 p.m. Sponsorhounds
made it clear at the meeting that there was a possibility of one or two
additional concerts being added for the season.
It is estimated that these operational changes will reduce decibel levels on -site
significantly from levels that may have been experienced at any given event last
season, which should also reduce levels perceived by residents in the Walnut
Hills /Riverland area last season.
Further, Sponsorhounds will be evaluating and undertaking further sound
attenuation improvements on -site during the coming season at the stage
pavilion. City staff will observe and monitor the initial festival and concert
events at Dr. Pepper Park on April gch and May 12 "' respectively as part of this
process. Sponsorhounds also distributed contact information to all in
attendance, and offered to participate in further meetings with residents as the
2016 season progresses.
Christopher P. Morrill
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Timothy Jones, Acting Chief of Police
Sat
Sat
Thurs
Thurs
Friday
Thurs
Sat
Sat
Thurs
Friday
Sat
Thurs
Sat
Sat
Thurs
Sat
2016 Working• Schedule 3/18
Date
Event
times
APRIL
9th
Woofstock Dog Festival
10 -5
30th
Cinco de Maya Festival
11-6
May
12th
Throwback Thursdays- Slippery When Wet
5:30 -9
June
9th
Throwback Thursdays -ZOSO
5:30 -9
July
8th
Friday Fuel Bike Night- Tuesday's Gone
5:30 -9
14th
Throwback Thursdays- RUMORS
5:30 -9
23rd
Mid - Atlantic Cajun Festival
11 -7
August
6th
Blue Ridge Wine Festival
12 -6
11th
Throwback Thursdays- PANDORA'S BOX
5:30 -9
12th
Friday Fuel Bike Night- Preacher Stone
5:30 -9
27th
Roanoke Wing Fest
11 -7
September
8th
Throwback Thursdays- Satisfaction
5:30 -9
17th
Taste of Roanoke Festival
11 -6
October
8th
The Great Pumpkin Smash
11 -6
13th
Throwback Thursdays
5:30 -9
22nd
23 Flavors Festival
Event dates & times subject to change
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of City -owned property located at 2750 Hoover, Street, N.W. bearing
Official Tax Map No. 2430601 where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to §2.2- 3711.A.3, Code of Virginia (1950), as amended.
Chri� P. Morrill
City Manager
Distribution: Council Appointed Officers
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of City -owned property located at 0 Blue Hills Circle, N.E. bearing
Official Tax Map No. 7280104 where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to g2.2 -371 1 .A.3, Code of Virginia (1950), as amended.
- - --- - - - - -- - - - - --
Chr t pher P. Morrill
City Manager
Distribution: Council Appointed Officers
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: December 21, 2015
Time: 1:00 p.m. to 1:38 p.m.
Attendees:
Audit Committee Member Present (YIN)
Ray Ferris Y
Court Rosen Y
Anita Price Y
David Bowers (ex- officio) Y
Sherman Stovall, Assistant City Manager for Operations
Amelia Merchant, Director of Management and Budget
Dan Callaghan, City Attorney
Drew Harmon, Municipal Auditor
Brian Townsend, Assistant City Manager for Community Development
Evelyn Powers, Treasurer
Chris Morrill, City Manager
Barbara Dameron, Director of Finance
Dawn Hope Mullins, Assistant Municipal Auditor
Tasha Burkett, Information Systems Auditor
Rob Churchman, Partner, Cherry Bekaert, LLP
Donald Deeds, Senior Audit Associate , Cherry Bekaert, LLP
Wayne Parker, Senior Auditor
Ann Clark, Senior Auditor
Carl Spichek, Senior Auditor
1. Call to Order:
Mr. Ferris called the meeting to order at 1:00 p.m.
2. Presentation of Audit Results for the June 30, 2015, Comprehensive Annual Financial
Report:
Mr. Churchman introduced himself, as well as Mr. Deeds and thanked the committee for their time. He
briefly reviewed Cherry Bekaert's communication requirements related to the audit. The Cherry
Bekaert team is finalizing their audit; correspondingly, Department of Finance staff is completing work
on the Comprehensive Annual Financial Report [CAFR]. It is a very thick, complex document which
December 21, 2015
Page 2 of 5
incorporates a large number of accounting and Government Finance Officers Association [GFOAj
certificate program requirements.
Mr. Churchman and Mr. Deeds presented Cherry Bekaert's communication with the Audit Committee
for the fiscal year ended June 30, 2015, Mr. Churchman explained that these are standard
communications as required by Generally Accepted Auditing Standards. He summarized the audit
engagement, discussed service deliverables and reviewed audit results to date. Related to the City
CAFR, they expect to issue an unmodified opinion. However, the following internal control weaknesses
were identified:
The City's approach related to the year -end cut -off of accounts payable was not adequate to
ensure payments related to prior year activity were being reported timely. Additionally,
retainage related to construction contracts was not being recorded as a liability on City's
financial statements. Due to sizable dollar amount involved, Department of Finance staff
appropriately decided to adjust the beginning liability balance instead of making the adjustment
in the current year. This issue was identified as a material weakness, meaning that if the
processes are not fixed they could lead to a material error in the financial statements.
d Revenue in the Stormwater Fund was not properly recognized or reconciled to the subsidiary
ledger. Part of the issue related to accounts receivable and the necessary adjustments were
made to the financial statements. This was considered a material weakness.
0 There was an error in the calculation of available taxes which resulted in an understatement of
revenues. This issue also affected the amount due to School Board. The necessary
adjustments were made to the financial statements. This issue was identified as a significant
deficiency, meaning that the auditors needed to make the governing board aware of the issue.
C Community Development Block Grant [CDBG] failed a required metric, designed to determine
the timely use of funds. This was also noted as an audit issue last year, and the City has taken
steps towards addressing the concern. Staff will continue to work towards 100% compliance.
This was considered a significant deficiency, related to compliance.
d An absence of Workforce Investment Act monitoring procedures related to sub - recipient
eligibility was identified. Monitoring was also noted as an audit issue last year. The City has
worked on addressing this concern and will continue to work towards full compliance. This was
considered a significant deficiency, related to compliance.
0 There was an issue confirming that highway maintenance expenditures reported to the
Commonwealth were related to eligible streets. This resulted in a potential questioned cost of
$90,000, meaning the Commonwealth may find that this amount was not eligible for
reimbursement.
December 21, 2015
Page 3 of 5
Mr. Churchman stated that Cherry Bekaert is not aware of any City policy changes except those
required by Generally Accepted Accounting Principles [GAAP]. Specifically, for Fiscal Year 2015,
the City was required to report its net pension liability on the face of the financial statements.
Estimates involved with financial statement preparation appeared to be reasonable and consistent
with prior years. There were some additional smaller - dollar adjustments made during the course of
the audit related to other post - employment benefit assets, tax revenues, debt refunding, and cash
flow statements. Mr. Churchman reported there were no disagreements with management and that
no difficulties were encountered with management or staff. Mr. Churchman re- affirmed Cherry
Bekaert's independence from the City.
Mr. Churchman discussed future accounting standards, including Governmental Accounting
Standards Board [GASB] Statement 72, which relates to assessing the fair value of assets and
primarily affects Pension Fund reporting. Mr. Ferris asked is this pertains only to assets. Mr.
Churchman responded that it could potentially relate to liabilities.
GASB Statements 74 and 75 will require the City to disclose its liability for other post - employment
benefits [OPEB] on the face of its financial statements at the end of fiscal year 2018.
GASB Statement 77 establishes requirements for reporting tax abatements. The Standards Board
recognized felt the footnotes should provide readers with a better understanding of the relationships
in which a locality is involved. The standard is effective for fiscal year 2017. When asked if the
requirement was for a summary footnote Mr. Churchman responded that a template is not yet
available. He anticipates the note will include the amount of revenue that was given up and the
benefits the locality expects to realize in return. Mr. Callaghan asked if GASB Statement 77 defined
the term "abatement." Mr. Churchman responded that due to the varying state and local laws the
Board had been careful not to narrowly define the term. Mr. Callaghan asked how the City's
performance agreements might be treated. Ms. Dameron commented that she had passed some
the City's performance agreements along to Mr. Churchman and Mr. Deeds for their review and
feedback. Mr. Morrill noted that these expenditures are all shown in the City's budget document.
Mr. Ferris asked if the CAFR would be completed and filed by the end of the year. Ms. Dameron
responded that the City is required to issue by the end of the year for the GFOA certificate program.
She affirmed the CAFR will be available for the next council meeting.
Mr. Ferris commended Mr. Churchman and his team on a great effort and thanked him for
identifying areas for improvement. Mr. Ferris also extended his appreciation to the entire City team
for each person's efforts in completing the CAFR and the audit.
The communications were received and filed without objection.
3. Audit of Purchasing Cards:
Mr. Harmon noted that the program has been in place since 2001 and there were approximately
679 active City purchasing cards at the time of audit. Cards were used to purchase goods and
December 21, 2015
Page 4 of 5
services, as well as for travel. Municipal Auditing performed a statistically based sample of p -card
purchases, excluding travel, meals, and training. These areas were excluded because they are well
controlled. Purchases reviewed were appropriate and employees were following City policies. The
only area noted as needing improvement was coding purchases to appropriate expense codes.
Municipal Auditing also selected at sample of durable goods purchases and physically located the
items. All purchases were confirmed, with the exception of three [3] grease guns that could not be
matched to the vendor's invoice. This equipment was associated with street sweepers; the shop
had more than three [3] on hand. Additionally, the vendor representative stated that he entered
random serial numbers on the invoice leaving no way to determine if the grease guns observed
were those included on the invoice.
Mr. Ferris was surprised at the dollar amount spent with NAPA. Mr. Harmon explained that they run
the parts area of the Fleet shop and have a store embedded at the Public Works Service Center.
The City paid NAPA by check until 2012. Mr. Rosen asked if the City receives a rebate from the
bank for purchases with the p -card. Mr. Harmon confirmed that the City does receive a rebate.
The report was received and filed without objection.
4. Audit of Parks & Recreation — PLAY Afterschool Program:
Mr. Harmon stated that the PLAY acronym stands for Positive Learning and Adventure for Youth.
The City operates this program at three [3] locations — Preston Park, Grandin, and Eureka, with 120
children enrolled. The program is well- regarded by participating families and there is currently a
waiting list. It operates on school days from 2:30 p.m. to 5:30 p.m. and costs $25 per week.
Municipal Auditing used a risk assessment approach when designing the audit and worked closely
with management to identify potential risks, rank the risks and evaluate associated controls. This
approach resulted in five [5] audit objectives covering parent/guardian contact information, release
procedures, student monitoring, facility safety, and employee certifications /training. Mr. Harmon
reported that part-time employees were well prepared and appeared to do a great job. They had
received appropriate handbooks and training. The Parks and Recreation accreditation was also of
great benefit for the PLAY program. Mr. Harmon noted that a few suggestions for improvement
were made and management's action plans were included in the back of the report.
Ms. Price commented that she was glad to see the action plans. Having parameters in place to
make sure the children are always safe is of paramount importance. Things sometimes get taken
for granted and it is always good to make sure staff is up to speed in training and understanding
these risks.
The report was received and filed without objection.
December 21, 2015
Page 5 of 5
5. APA Review of Commonwealth Collections and Remittances for the Year Ended June 30,
2015:
Mr. Harmon reported that no issues were identified during the 2015 review. Ms. Powers added that
the Treasurer's Office and Clerk of the Circuit Court have been working together to successfully
streamline the collection of certain Sheriff's fees.
The report was received and filed without objection.
6. Other Business:
None noted.
7. Adjournment:
The meeting was adjourned at 1:38 p.m.
Drew Harmon, CPA, CIA
Municipal Auditor
Audit Committee Secretary
CECELIA T. W EBB, CMC
Assistant Deputy Cite Clerk
March 22, 2016
Landon Howard, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, N. W.
Roanoke, Virginia 24016
Dear Mr. Howard:
This is to advise you that Renee "Butch" Craft has qualified as a City representative of
the Roanoke Valley Convention and Visitors Bureau, Board of Directors for a one -year
term of office ending June 30, 2016.
Sincerely,
ro. !t1t,q,
Stephanie M. Moon Reynolds, MMC
City Clerk
CITY OF ROANOKE
Q)
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
'•- �`''
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
N'ax: (540)853 -1145
Sl'IipHAN1E M. MOON REYNOLDS, MM('
F, -:nail clerk( Iraanekevn.guv CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy Cite Clerk
March 22, 2016
Landon Howard, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, N. W.
Roanoke, Virginia 24016
Dear Mr. Howard:
This is to advise you that Renee "Butch" Craft has qualified as a City representative of
the Roanoke Valley Convention and Visitors Bureau, Board of Directors for a one -year
term of office ending June 30, 2016.
Sincerely,
ro. !t1t,q,
Stephanie M. Moon Reynolds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, RENEE "BUTCH" CRAFT, do solemnly swear that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
Incumbent upon me as a City representative of the Roanoke Valley Convention and
Visitors Bureau, Board of Directors, for a one -year term of office ending June 30, 2016,
according to the best of my ability. So help me God.
/n '---A 4 �
RENEE "BUTCH" CRAFT
The foregoing oath of office was taken, /sworn to, and subscribed before me by Renee
"Butch" Craft this q day of P C"16.
Brenda S. Hamilton, Clerk of the Circuit Court
Roanoke Sheriff's Office
Interdepartmental Communication
DATE: March 16, 2016
TO: Cecelia Webb — City Clerk's Office
FROM: Sheriff Tim Allen
SUBJECT: City Council Meeting
On Monday, March 21, 2016 1 will be attending a meeting of the Roanoke City
Council. I would like to use my time on the agenda to provide a presentation of
the overall operation and mission of the Roanoke City Sheriff's Office. I would
also like to present and introduce some of my staff members.
Thank you for your assistance in this matter.
-
CITY OF ROANOKE
CITY COUNCIL
215 Chumh Avenue, S. W
Noel C Taylor Municipal Building, Suite 456
Roanoke, Virg 24011-1536
'relephore (540) 853 -2541
DAVID A. BOWERS
Pax: (540) 953 -1145
Council Members
Mnpor
William D. Bestpitch
Raphael E. "Ray" Fenn,
Sherman P. Lea
Anita I Price
Court G. Rosen
David B. Trinkle
March 21, 2016
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Tim Allen, City Sheriff, to present the 2014 - 2015
Annual Report of the Sheriff's Department and to provide a brief overview of
responsibilities as it pertains to public safety, at the regular meeting of City
Council to be held on Monday, March 21, 2016, at 2:00 p.m.
Sincerely,
Sherman P. Lea
Council Member
C�
Anita J. Price
Council Member
SPL /AJP:ctw
AIA
�Ow0AA.
Z,V
z
Sheriff
Tim Allen
IO.0..
As a diverse,
professional law
enforcement agency,
we will serve and
protect every person
within the City of
Roanoke through
quality, court,
correctional, law
enforcement and
customer - focused
services
The Sheriff's office has been established by the S
Constitution
The duties and responsibilities of Sheriff's office are
outlined in the Constitution
Sheriffs are elected officials
A police department has been established under the City
Charter
Police Chiefs are appointed
Sheriff's Office
A Sheriff's Office is a law
enforcement agency
Responsibilities vary by locality
A full service Sheriff's Office
administers Law Enforcement,
Jail Security, Court Security
and Civil Process
Others provide Jail security,
Court Security and Civil
Process
There are Sheriff's Offices
charged with Civil Process and
Court security only
A Sheriff's Office has state-
wide jurisdiction
Police Department
A Police Department is a law
enforcement agency
A Police Department oversees
and administers law
enforcement in a specific city,
municipality, town or county
A Police Department has
jurisdiction over a specific
locality
Deputy Sheriff's
uniforms are typically
brown and tan
Star badges
Police Officer's uniforms
are typically blue, black,
or grey
Shield badges
The Roanoke City Sheriff's Office is responsible
for the orderly operation and management of the
jail, transportation of prisoners, providing
courthouse and courtroom security for local
Juvenile and Domestic, General District and
Circuit Courts, and serving civil process and
mental hygiene warrants in the City of Roano
The Sheriff's Office also has the statutory
authority to enforce the laws and ordinances
the City of Roanoke and the Commonwealth c
Virginia
Organizational Chart
y� ■
court sYOUrixy
Captain Ferguson
Juvcnilc 8
�«neafic Courts
DARE
court 1'ioltlng
OblriGt COYrts
can P.o�ass I -..
Circuit Carte
Sheriff Tim Allen retired from the
Western Virginia Regional Jail in
February 2013 following a 5 year
career there and 21 years as a
Roanoke City Deputy Sheriff prior to
that. He was elected Sheriff of
Roanoke City in November 2013.
The power of the Sheriff's Office is
vested in Sheriff Allen. He appoints
all deputies and staff and oversees all
units and divisions of the Sheriff's
Office. He manages a staff of over
200 deputies and civilians and
administers a 16 million dollar
budget.
1_
6 ANA
N ,
The Command Staff includes the Chief Deputy,
Assistant Chief Deputy and three Captains
The Sheriff's Office is divided into three divisions
supervised by the Chief Deputy Major David Bell
and Assistant Chief Deputy Major Greg Winston
Jail Security is commanded
Sweetenberg
by Captain Mark
Support Services is commanded
Kimberly Haddox
by Captain
Court Security is commanded by Captain James
"Chuck" Ferguson
(4) Watches
Transportation
Records
Capable of ho
834 offenders
Maintain proper security, including patrol duty
and periodic counts of inmates
Maintain proper order and decorum among
inmates
Search inmates periodically
Ensure inmates follow proper personal hygiene
procedures
Assist with the dispensing of food
Maintenance
Classification
Counseling
Recreation
Juvenile & Domestic
Court
Circuit Court
General District Court
Civil Process
DARE
Must be at least 21 years
Pass written exam
Pass Physical Agility test
Meet height & weight
requirements
Meet Vision Requirements
High School Graduate or
GED
No Criminal record
Virginia Driver's licen
Good credit rating
Pass a background check
Pass a physical exam and
drug screening
Complete Basic Jailor
Academy within 12
months
Sign Conditional
Employment, includes No
Smoking condition
Recruiting
Testing
Oral Boards
Psychological
testing
Background
investigations
Academy training
(11 weeks)
FTO/ M a ste r
Deputy programs
(1 year)
Probationary
period
(1 year)
LE Oath of Honor
5:00 a.m. - First medical round begins qq
6:00 a.m. - Awaken inmates, unlock cells
6:15 -7:00 a.m. - Serve breakfast and account for al
trays
7:00 -9:00 a.m. - Ensure that inmates clean cells,
sinks, commodes, shower area and day room area
8:00 a.m. - Assist with transport of inmates from
jail to the court holding facilities; second medical
round begins
9:30 a.m. - Supervisors inspect pods; phones and
televisions turned on in Levels 3 -4 if all cleaning is
completed satisfactorily
11:45 a.m. -12:30 p.m. - Lunch is served and all
trays are accounted for
12:00 p.m. - Telephones and televisions are turned
on in Level 2 if all cleaning is done satisfactorily
4:00 p.m. - Third medical round begins
4:45 -5:30 p.m. - Dinner is served and all trays are
accounted for
5:30 p.m. - Jail is secured for the evening and a
headcount is done
8:00 p.m. - Fourth medical round begins
11:00 p.m. - All facility programs are concluded
11:30 p.m. - Lights are shut off, televisions and
phones are turned off, and inmates are locked down
for the night
Covers a wide variety of topics including:
Court Appearances
Daily Routine of Jail
Inmate Rules of Conduct
Offenses and Punishments
Grievance Procedures
Programs Available
Breakfast is served at approximately 5:30 a.m.
Inmates are unlocked from their cells and allowed to
stay out in the dayroom area until 11:30 p.m. each
night
Program activities are available
Inmates are responsible for cleaning their rooms, as
well as the dayroom area
Televisions and Phones are turned on when inmates
successfully clean their housing area
Inmates have the opportunity to
participate in a variety of
activities:
Gym
Library
Educational Classes/ Writing
Classes
Bible Studies
Rehabilitation Programs (Alpha)
Trustee Program `
Father's First
Parenting Class
Mental Health Discharge Planner
For Fiscal Year 2014 -2015:
9,808 arrestees were booked into the Roanoke
City Jail
The daily average population was 649 inma
The Classification unit held 309 disciplinary
hearings and 177 administrative hearings
The Transportation unit transported 17,220
inmates and logged 149,292 miles
729 Temporary Detention Orders were sery
Court Security screened 252,000 individual
entering the courthouse
Civil Process deputies served over 87,000 civil,
criminal and other warrants
DARE officers taught in 17 elementary schools.
10,163 students participated in classes
DARE officers spent an average of 298 hours
counseling students, 105 hours conferring with
parents, and 672 hours with teachers and
principals 14
DARE officers responded to 536 incidents
Inmate work crews performed a total of 7,208
man hours, including 1,248 jobs benefiting the
City of Roanoke, 154 jobs benefiting non - profits
and an average of 172 city owned vehicles per°
month were washed by inmates.
Sheriff's deputies participated in dozens of
community activities, including parades, HEAT
VIN etching events, a weekly partnership with
Angels of Assisi, participation in the GTO (Growth
Through Opportunity) Cadets program, an
annual Charity Golf Tournament, Tug for Tots,
and Relay for Life and Special Olympics
fundraisers, to name a few.
The Roanoke City
Jail was awarded
accreditation by
the National
Commission on
Correctional
Health Care,
November 2011.
NCCHC's initial
accreditation of
Roanoke City Jail
was awarded in
1987.
The Roanoke
City Jail was
awarded
National
Accreditation by
the American
Correctional
Association,
July 2012. The
initial ACA
Accreditation
was awarded in
1991.
ACCl'c�/�ITA i YCiN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40456- 032116.
A RESOLUTION accepting the Virginia Department of Emergency Management
HAZMA'T Grant to the City from the Virginia Department of Emergency Management, and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke does hereby accept the Virginia Department of Emergency
Management HAZMAT Grant offered by the Virginia Department of Emergency in the amount
of $69,400, with no matching funds from the City, upon all the terms, provisions and conditions
relating to the receipt of such funds, as more particularly described in the City Council Agenda
Report dated March 21, 2016.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
R -VaD, F11111cncy Mnnegement II AZM A I C.,,1321. 16doe
ATTEST:
Ci ty Clerk.-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40457- 032116.
AN ORDINANCE appropriating funding from the State Homeland Security
through the Commonwealth of Virginia Department of Emergency Management (VDEM) for
hazardous materials emergency responses and training and development, amending and
reordaining certain sections of the 2015 -2016 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 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Training and Development
Other Equipment
Revenues
VDEM SHS Haz -Mat FY15
35- 520 - 3762 -2044 $ 6,000
35 -520- 3762 -9015 63,400
35- 520 - 3762 -3762 69,400
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: March 21, 2016
Subject: Virginia Department of Emergency Management Hazardous
Materials Team Grant Acceptance
Background
Roanoke Fire -EMS serves as the Hazardous Materials Team ( Hazmat) for the
region. The Virginia Department of Emergency Management (VDEM) allocates
funds each year to regional Hazmat Teams for related expenses. VDEM has
awarded the City of Roanoke funds in the amount of $69,400 from the FY 2015
State Homeland Security Program Grant. This grant requires no matching funds
from the City. These grant funds will be used to purchase equipment to
support the City of Roanoke Hazmat Team.
Considerations:
City Council action is needed to formally accept and appropriate these funds,
and authorize the Director of Finance to establish revenue estimates and
appropriations to purchase the equipment and supplies in accordance with
provisions of this grant.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $69,400 into account 35 -520 -3762 and appropriate $69,400
into account 35 -520 -3762.
Cristo7Fpher P. M
orrill l
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Vtglnia Department of
--
Emergency Management
a
Cxanl Agreement Page 1 of 3
t, RECN+IEM NAME ANpRWRESS Ik1111p —1
4.11ARO NAME: MI$$lale Hpnelare SeplNy GrzN
Ra moke City
5. PROJECT PEWOD: FROM MDIM15TO MIM17
Noel C. Taylor Municipal Building
215 Church Avenue, S.W. Rm 364
BUDGETPER)CO: FFi0M 0aT12D15TO 0331I2D17
Roanoke, VA 24011
Fetin y24,X116
2GRANTEElmS NCORN0,
7. TOTALq Wdli THI6AWARD$60.40.00
'9. FEOERALgMDCNT OFTWS AWPRD $6BA000
545001569
9 RECIPIEMNOVfEDEPA1 fp$T SHAFE PEOU�MENL
3. FY 15 HuMat Team Enhancement
106FECL$LMN ONS
TIE ABDVE G W W F PROJECT IS APPROVED Sll&IECT TO Sl1CH CONDmO NS OR LIMRATOIS AS ARE SEF FOR1H ON ThE
A7UC DPAGE(S).
11. STATJTORYAURIO FORGPAM
The pigecl k eupppnM anrltt Tire RoLttf T SMllwd OisaNtt Relielena Emprgenry A$sivdncm acf (PUWic law 9]2BBJ
III T DOFPAYLENT --
ConmuxleMA d Uxginla Mm +rNM Sy9en
- -.
AGENCYAPPRDYAL
(WANTEEACCEPTARCE
13.TYPEDNAMEANDTRIEGFAPPRO !XiWEMOFFICIrLL
14. TYPEO NpAEgNOTIRE OFAUTHORVEp GRMREE
OFFICIAL
Jeffrey D. Stem Ph.D.
Sherman Stovall
Slate Coordinator
qu�gr
VDEMOFFICIFL
15. SIGN4TIlR�/E
16. SIGNATURE OF gIImANaZEDRECPIENi OWICIFL
/6� "PPPRONNG
V
llamE 51vile
Virginia Department of
AWARD CONTINUATION SHEET
2 Emergency Management
Grant Agreement
page 2 of 3
Award Neina �l5SWe11ontlarq SeuAy Grant GanrAward Vare. Febha 24,2016
SPECIAL CONDITIONS
1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requlramenis,
Cost Principles, and Audit Requirements. The administrative and audit requirements and cost principles that apply
to DHS award recipients originate from 2 C F.R. Pad 200. Uplorm Administrative Requirements, Cost Principles,
and Audit Requhements yon Federal Awards, as warned by DHS.
2. Recipient understands and agrees that It cannot use any federal funs, either directly or indlrectiy, In supped of the
anadmanl, repeal, modlficedon or adoption of any law, regulation or pollry, at any level of government without the
epess poorvrtinen approval of FEW
3. The recipient must submit a Comedy Progress Reptut Failure to provide this information may rei in VDEM
withholding gram funs from further obligation and espenddure. Report are due on January 15, April 15. July 15.
and October 15. A report must the submitted for every quarter of the period of performance , including partial
calendar quarters , as well as for periods where tw grant activity occurs. Future awards and fund draw downs may
be withheld, if these reports are delinquent. The final Progress Report is due 90 days after the end dale of the
performance period.
4. In the event VDEM determines Nat changes are necessary b the award document after an award has been made,
including charges to period of conformance or terms and conditions, recipients will be notifietl of the charges in
writing. Once notification has been matle, any subsequent request for funds will indicate recipient acceptance of the
changes to the award.
S. The recipient shall not undertake (oblgate/espend federal anNar matching funds) any project having the counter
to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEW, Including
but not limited to communicahom lowers, physical security enhancements, new construction, and modifications to
buildings, structures, and objects that we 50 years old or greater. Recipient must comply with all conditions placed
on the pmjact as the result of the EHP review. Any change to the approved project scope of work will require re-
evaluation for compliance with these EHP requirements. If ground disturbing activities otter during pm)M
Implementation, the recipient most ensure monitoring of ground disturbance. and if any potential amheological
resources are discovered, the recipenl will Immediately cease construction in that area and notify FEW and the
app-opriate Stale Historic Preservation Office. Any construction activities that have been initiated without the
necessary EHP review and approval will result in a non - compliance finding and will not be eligible for FEMA
funding.
6. The recipient agrees that faders funds under this award wiil be used to supplement, but not supplant, state or local
fonds for emergency preparedness.
"Working 10 PrOtecl Prop /e, Propene and Our CrucmduO dries °'
Virginia Department of
AWARD CONTINUATION SHEET
Emergency Management
Grant Agreement
Page
w
3of3
Award Name 20155NIe Homdard Seardy Gael GanlAward Gale: Februay24,2016
7.
The recipient agrees that the use of the funds under this grant will be in accordance with the Fiscal Year
2015 guidelines and must support the goals and objectives Included in the State Homeland Security
Strategy
0.
The recipient agrees that at l publications created with funding under this grant shall prominently contain the
tellowng statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate,
U.S. Department of Homeland Security. Points of view or opinions expressetl in this document are time of
the authors and do not necessarily represent the effidal position of policies of FEMA'e Grant Programs
Directorate or the U.S. Department of Homeland Secudl l
9.
The recipient agrees that, when practicable, any equipment purchased with grant funding shall be
prominently marked as follows 'Purchased with funds provided by the U.S. Department of Homeland
Security.'
10.
The recipient agrees to cooperate with any assessments, nalgnal evaloadon efforts, or information or data
collection requests, inducing, but limited lo, the provision of any information required for the assessment or
evaluation of any activities within this project.
11.
National Incident Management System Implementation Compliance
In accordance with HSPD -5, the adoption of the NIMS Is a requirement to fec rave federal preparedness
assistance through grants, contracts, and other activities. No federal funds will be released to the primary
grantee and any other entity partidpating and benefiting in this project If this requirement has not been met.
In the event of a Corrective Action Plan submided, VDEWSAA will determine a the sub-grantee(s) has
(have) made aufficiere progress to disburse funds.
12.
All conferences and workshops using federal preparedness funds must pertain to the project being funded.
The recipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop.
The Trip Report template can be found at www .waamemeniryeov under Grant Infom lion. These reports
must be remitted with your request for reimbursement. Failure to do so will result in a delay of Payment until
received.
13.
Recipients agree that under program gunlelinse travel expenses are allowable for approved training,
planning, aEminislrative, and exercise aeivilles following Intel, state, and federal guidelines. Prior to
Iaveling for these activities outside of contiguous United Stales (OCONUS) as well as to Canada and
Mexico, oreaoomval pis required by the stale and FEMA through the SAA office.
Please marence 2 CFR 200.403, In regard to reasonableness when considering requests for travel of [his
type. Where applicable, you should also reference the following regarding travel: the Western Heml sphere
Tmvellnifiagve(h =1(w gnsaoviflWV roaamsloc 12Wag357g776shjm)
"Working to Proteel People, Propegj, nml Our Cana+unities"
� '25
IN 7 -HE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40458- 032116.
A RESOLUTION accepting the FY 2015 State Homeland Security Program Grant to the
City from the Virginia Department of Emergency Management, and authorizing execution of any
required documentation on behalf of the City.
RE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke does hereby accept the FY 2015 State Homeland Security
Program Grant offered by the Virginia Department of'Emergency Management in the amount of
$75,000, with no matching funds from the City, to be used to purchase equipment and supplies
for the Roanoke Fire -EMS Division 6 Heavy Technical Rescue Team. The grant is more
particularly described in the City Council Agenda Report dated March 21, 2016.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
P,,
City Cl
R- Homeland Sacudty Proymm Grenl(VuEM) - PY I S -Heavy Tcelmicel Rlnn Teem -3 21 16 .doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40459- 032116.
AN ORDINANCE appropriating funding from the State Homeland Security
through the Commonwealth of Virginia Department of Emergency Management (VDEM) for
Heavy Technical Rescue (HTR) Team for equipment, supplies, and training and
development, amending and reordaining certain sections of the 2015 -2016 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 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment (x$5,000)
Training and Development
Wearing Apparel
Other Equipment
Revenues
VDEM SHS HTR Team FYI
35 -520- 3761 -2035 $ 5,383
35- 520 - 3761 -2044 20,279
35 -520- 3761 -2064 17,888
35 -520- 3761 -9015 31,450
35 -520- 3761 -3761 75,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
W City
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: Virginia Department of Emergency Management Heavy
Technical Rescue Grant Acceptance
Background:
Roanoke Fire -EMS serves as the Division 6 Heavy Technical Rescue (HTR) Team
in conjunction with Roanoke County Fire & Rescue and Salem Fire -EMS. The
Virginia Department of Emergency Management (VDEM) allocates funds each
year to regional teams for related expenses. VDEM has awarded the City of
Roanoke funds in the amount of $75,000 from the FY 2015 State Homeland
Security Program Grant. This grant requires no matching funds from the City.
These grant funds will be used for the purchase of necessary equipment and
supplies.
Considerations:
City Council action is needed to formally accept and appropriate these funds
and to authorize the Director of Finance to establish revenue estimates and
appropriations to purchase the equipment and supplies in accordance with the
provisions of this grant.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $75,000 into account 35 -520 -3761 and appropriate funding in
the same amount into accounts to be established in the Grant Fund by the
Director of Finance.
- ----- - - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Elena Department of
Q Emergency Management
Roanoke City
Noel C. Taylor Municipal Building
215 Chumh Avenue, S.W. Rm 364
k0anoke, VA 24011
2. GRMIIEE IRSNENOOR NO
54tM1569
3. FY 15 Heavy TMU-1 Ras -Team Enhancement
Grant Agreement 11 Page 1 of 3
PROJECT PEROO: FROM ovm1 m5TO OMIM17
BI0r£TPERIOO: FROM 099,R015TO 0331M17
5
$75.0 000
SIPR0JECT SMECT TO SUCH CONOITIONS 0R WnrAT>ONS qS ARE SET FpRTHpNTryE
11. STAMORVAVTIg FORGR - --
Thepejeclissuppw,eaunderTWRSWdT SIS"Sn'OisaslerReSifaM EmaWI MSIVSMe SO fPutk Law 95.2991
12. 5EfHCDOFPAYMENT —
Cvnmarme691 a Vr9wa PO.ourNrg Sysfen
13.TWEp NAMEANOTRLE OFAWP Mr4G WEMOFRC4LL
14.TYPE0 NMIEAN0TTREf
OFFICIAL
Jeffrey D. Stem Ph.D,
Sharman Stovall
State C00,1inator
Ass�itanl C'ry Manager
15.SMANTURE�OF� VOEM OFFICIAL
Sl G�N��p A��R
"ppPROVING
Y 1
I
,W GATE a I a9Psu.i(��o."
Virginia Department of
AWARD CONTINUATION SHEET
Q `{��/)$1F Emergency Management
Grant Agreement
Page 2 011
Ae,ard Name: 2015Slalelbmdand Secsh Gran) GienlAward DUfe Fehv 24,2016
SPECIAL CONDITIONS
1. The siesee antl any subgrantee shall comply Win the most recent version of die Administrativa Requirements,
Cost Principles, and Audit Requirements. The administralive
and audit requirements and cost pimples Thal apply
to DHS award recipients originate from 2 CF R. Pad 200, Uniform Admfnismalive Requirements, Cos! Pnncipbis
and AUtlif Requirements for Federal Awards, as ait aided by DHS.
2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly. in support of the
enactment, repeal, modification or adoplien of any law, regulation er policy, at any level of govemment without the
e ihnes6 prior written approval of FEW
3. The recipient must submit a Duadedy Progress Report. Failure to provide this information may result in VDEM
withholding grant funds from further obligation and expenditure. Reports are clue January
on 151 April 15, July 15,
and Oclobar 15. A report must be submitted for every quarter of Me period of performance. Including partial
calendar quarters, as well as for periods where no grant activity occurs. Future swims and fund draw downs may
be whined. if these reports are delinquent. The final Progress Report is due 90 days after the end data of the
performance period.
4. In the event VDEM determines that changes are necessary to the award document after an award has been made,
including changes to period of performance or terms and conditions,
recipients will be notified of the changes in
writing. Once n0dficatlon has been made, any subsequent request for funds will indicate recipient acceptance of the
changes to the award.
5. The recipient shell not undertake (obligaldegrend federal ardor matching funds) any protect Having the potential
to Impact Environmental or Historical Preservation (SHIP) resources
without the prior approval of FEW, Including
but not limited to communications towers, physical security enhancements, new construction, and modifications to
buildings. Structures, and objets that are 5o years old or greater. Recipient must comply with all conditions placed
on the project as the result of the SHIP review. Any change to the approved project scope of work will require r-
evaluation for compliance with these EHP requirements. If grouts disturbing activities occur during pmjet
Implementation, the recipient must ensure mmlloring of ground disturbance, and if any potential arch clogdal
resources are discovered, the recipient will Immediately cease construction in that area and notify FEMA and the
appropriate Slate Historic Preservation ice. Any construction activities that have been initialed without the
necessary SHIP review and approval will result in a non - compliance finding and will not be eligible for FEMA
funding.
S. The recipient agrees that federal funds under this axed will be used in supplement, but not supplant, slate or local
funds for em rMarcy preparedness.
"Working to Protevi People, Property, cold Our Cominsuixes"
Virginia Department of
AWARD CONTINUATION SHEET
Emergency Management
Grant Agreement
Page
3of3
Award Name. 2m5 S11e HOmelarel SavkYGMM GranrAw"Dea: Febuay24,Zm6
7.
The recipient agrees that the use of the funds under this grant will be In accodance with the Fiscal Year
2015 guidelines and must support the goals and objectives included in the State Homeland Security
StrAegy
9.
The recipient agrees that all publications created with funding under this grant shall prominently contain the
following stalement:'This document was prepared under a grant from FEMA's Grant Programs Diretlorate,
US. Department of Homeland Security Points of view or opinions expressed in this document are those of
the authors and do not necasaanly represent the ofhcial posiWn or policies of FEMA's Grant Programs
Directorate or the U.S. Department of FbmeWin Secudl I
9.
The recipient agrees that. when practicable, any equipment Purchased with grant funding shall be
prominently marked as follows 'Purchased with funds provided by the U.S. Department of Homeland
Security'
10.
The recipient agrees to cooperate Mtn any assessments, national evaluation Words, or Information or data
collection requests, including, but limited to, the provision of any information required for the assessment or
evaluation of any activities within this project.
11.
National Incident Management System Implementation Compliance
In accordance with HSPD -5, the adoption of me NIMS is a requirement to receive federal preparedness
assistance through grams, contracts, and other activities. No federal funds will be released to the primary
grantee and any other entity participating and benefiting in this project d this requirement has nol been met.
In Ole event of a Connective Action Plan submitted, VDEWSAA will determine If the sub-grantae(s) has
(have) made sufficient progress to disburse funtls.
12.
All conferences and wor olops using federal preparedness funtls must Pertain to the Poi being funded.
The recipient agrees to submit a Top Report when using federal funds to Armed! a conference or mrkshop.
The Trip Report template can be found at www warmemenc,mov under Grant Information. These reports
must be remitted with your request for reimbursement. Failure to tlo so will result in a delay of payment until
..I so
13.
Reopients agree that under Pregmm guidelines, travel expenses are allowable for approved training,
planning, administrative, and exercise activities following local, or state, and federal guitlelines. Pri to
traveling for these activities curious, of mntigmus United States (OCONUS) as wall as to Canada and
Maxim, oreanomval is required by Me state and FEMA through the SAA office.
Please reference 2 CFR 200 403, in regard to reasonableness when considering requests for travel of this
type. Where applicable, you should also reference the following regardng maws; the Western Hemisphere
Travel Initiative(hm'lNwwv tlh /rl l I 10069579"6 M1lm).
"Working to Protect People, Propertr and Our Cumnrunities"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Th. 21st day of March, 2016.
Na. 40460 - 032116.
AN ORDINANCE to appropriate funding from the Stormwater Utility Fund
Retained Earnings to Contractual Services for storrndrain improvement projects,
amending and reordaining certain sections of the 2015 -2016 Stormwater Utility 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 Stormwater Utility Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Contractual Services 03- 530 - 3010 -8357 $ 250,000
Fund Balance
Retained Earnings - Available 03 -3348 (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: ^ �
ity Clerk.(
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: Monday, March 21, 2016
Subject: Appropriation of Stormwater Utility Fund Retained Earnings
Background:
The Stormwater Utility Fund has $627,000 in retained earnings. Funding in the
amount of $250,000 can be appropriated to supplement debt funding and
Commonwealth of Virginia Revenue Sharing Program funds to address identified
stormdrain improvement projects.
Considerations:
Council approval is required to appropriate funding from retained earnings.
Recommended Action:
Appropriate funding in the amount of $250,000 to Contractual Services (03 -530-
3010 -8357) to provide funding for stormdrain improvement projects.
Jrist'oWherP - - -- - - - ---
. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman Stovall, Assistant City Manager for Operations
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No, 40461 - 032116.
AN ORDINANCE repealing the increase of the medical services expenditure
for Roanoke Jail Inmates budget Ordinance No. 40444 - 021616, adopted February 16,
2016; amending and repealing certain sections of the 2015 -2016 General 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 Ordinance No.
40444 - 021616 is hereby REPEALED and the appropriation for fees and professional
services in section 01 140 3310 2010 of the 2015 -2016 General Fund Appropriations is
hereby REPEALED and DELETED.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
�
tr�
C .Clerk.
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: Repeal of Budget Ordinance Number 40444 - 021616
Background:
On February 16, 2016, Council approved an amendment to the contract with CONMED,
INC. Accompanying the amendment was a budget ordinance that Council adopted.
The adopted budget ordinance, Ordinance No. 40444 - 021616, was unnecessary and
should be repealed.
Recommended Action:
Repeal the adopted budget Ordinance No. 40444- 021616.
��
arbara A. Dameron -
Director of Finance
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia Merchant, Director, Management and Budget
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. 40462 - 032116 to appropriate funding
from the Federal Government and the Commonwealth grants 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, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
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
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012
Kathleen M. Jackson, Chief financial Officer, 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
CITY OF ROANOKE
Go
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telepkou¢ (540)853 -2541
Fnx: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: elerkeQi roonokevo.gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
March 22, 2016
Ansistant Deputy City Clerk
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. 40462 - 032116 to appropriate funding
from the Federal Government and the Commonwealth grants 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, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
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
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012
Kathleen M. Jackson, Chief financial Officer, 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40462 - 032116.
AN ORDINANCE to appropriate funding from the Federal
Government and the
Commonwealth grants 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
Bonuses
302 - 110- 0000- 0390 -327K- 61100 - 41660 -3 -01
$ 2,788
Bonuses
302 - 110 - 0000 - 1170 -327K- 61100- 41660 -3 -01
929
Bonuses
302 - 110 - 0000 - 0400 -327K- 61100- 41660 -3 -01
41,822
Bonuses
302 - 110 -0000- 0210 -327K- 61100- 41660 -3 -01
18,587
Bonuses
302 -110 -0000- 0280 -327K- 61100- 41660 -3 -01
9,294
Bonuses
302- 110 -0000- 0230 -327K- 61100- 41660 -3 -01
4,647
Social Security
302 - 110 -0000- 0390 -327K- 61100- 42201 -3 -01
212
Social Security
302 -110- 0000- 1170 -327K- 61100- 42201 -3 -01
71
Social Security
302 -110- 0000- 0400 -327K- 61100 - 42201 -3 -01
3,178
Social Security
302 -110- 0000- 0210 -327K- 51100- 42201 -3 -01
1,413
Social Security
302 - 110 -0000- 0280 -327K- 61100- 42201 -3 -01
706
Social Security
302 - 110 -0000- 0230 -327K- 61100- 42201 -3 -01
353
Materials & Supplies
302 - 110 -1101- 0000 -137J- 61100- 46630 -3 -01
200
Materials & Supplies
302- 110 - 1101 - 0000 -137K- 61100- 46630 -3 -01
290
Revenues
State Grant Receipts 302 -110- 0000 - 0000 -327K- 00000- 32400 -0 -00 $ 84,000
Federal Grant Receipts 302 - 000 - 0000 - 0000 -137J- 00000- 38365 -0 -00 200
Federal Grant Receipts 302 -000- 0000 - 0000 -137K- 00000- 38365 -0 -00 290
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
March 21, 2016
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, March 8,
2016, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriation Award
STEM Teacher Recruitment and Retention Awards
2015 -2016 $84,000.00
Revised Appropriations Additional Award
Title III, Part A, Limited English Proficient
2014 -2015 $200.22
Title III, Part A, Limited English Proficient 2015 -2016 $290.11
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton
Clerk
PC: Dan Callaghan Rita D. Bishop
Chris Morrill Kathleen Jackson
Barbara Dameron Acquenatta Harris (w /details)
Suzanne P. Moore
W
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Suzanne P. Moore
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cathey
William B. Hopkins, Jr.
Annette Lewis
Laura D. Rottenborn
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
ww.rcps.info P: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
CITY COUNCIL AGENDA REPORT
1W
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its March 8, 2016 meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The STEM Teacher Recruitment and Retention Awards 2015-16 grant of $84,000 provides state
funds for classroom teachers in Virginia's public schools for teachers in the science, technology,
engineering or mathematics areas who have been reassigned from a fully accredited school to a
hard -to -staff school or school not fully accredited, or teachers new to the profession or with up to
three years' experience. This program will be fully reimbursed by state funds and end July 30,
2016.
The Title III, Part A, Limited English Proficient 2014-15 grant of $200 provides federal funding to
support programs to improve the education of limited English proficient children and youth by
helping them learn English and meet challenging state content and achievement standards. This is a
revision to the original award allocation, will be reimbursed by federal funds and will end September
30, 2016. This is a continuing program.
The Title III, Part A, Limited English Proficient 2015-16 grant of $290 provides federal funds to
support programs to improve the education of limited English proficient children and youth by
helping them learn English and meet challenging state content and achievement standards. This is a
revision to the original award allocation, will be reimbursed by federal funds and will end September
30, 2017. This is a continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and adopt the attached
budget ordinance to establish revenue estimates and to appropriate funding as outlined.
Barbara A. Dameron
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
tr�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
"reieph,me: (540)85Y2541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: clerkun),roeaokeva.gav
CECELIA
City Clerk
Deputy City Clerk
Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
March 23, 2016
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
I am enclosing a copy of Ordinance No. 40463 - 032116 rezoning property located at
3435 and 0 (zero) Melrose Avenue, N.W., respectively, designated as Official Tax Map
Nos. 2660120 and 2660106, from CN, Commercial- Neighborhood District, and CN,
Commercial- Neighborhood District and R -7, Residential Single - Family District, to CG,
Commercial - General District, subject to a certain condition proffered by the applicant, as
set forth in Zoning Amendment Application dated January 25, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon eynol s, MMC
City Clerk
Enclosure
PC: John Netzel, Executive Director, Voice of the Blue Ridge, Inc., 3435 Melrose
Avenue, N. W., Roanoke, Virginia 24017
Karen Mason, Executive Director, Habitat for Humanity in the Roanoke Valley,
Inc., 403 Salem Avenue, S. W., Roanoke, Virginia 24016
RCC Equity Group, LLC, 3360 Country Club Drive, N. W., Roanoke, Virginia
24017
Bonning Group, LLC, P. O. Box 5384, Charlottesville, Virginia 22905
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
March 23, 2016
Page 2
Roger C. Willis, 4103 High Acres Road, N. W., Roanoke Virginia 24017
Newmel, LLC, 3570 Hershberger Road, Roanoke, Virginia 24017
Lourice L. Thomas, II, 4053 Clairmont Street, S. W., Roanoke, Virginia 24018
T. C. Squared Real Estate, LLC, 1001 W. Main Street, Salem, Virginia 24153
Jay Corp. of Roanoke, 5271 Roselawn Road, S. W., Roanoke, Virginia 24018
Ivy L. Pruitt, 3438 Melrose Avenue, N. W., Roanoke, Virginia 24017
Edward and Betty Hunter, 5162 N. Lake Drive, Roanoke, Virginia 24019
Trustees of the Mt. Zion Glorious Church of God, 3424 Melrose Avenue, N. W.,
Roanoke, Virginia 24017
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
Chris Chittum, Director of Planning, Building & Development
Ian D. Shaw, Planning Commission Agent
Tina Carr, Secretary, Roanoke Planning Commission
IN 'I III'; COUNCII, OPTI If CITY GI: ROANOKI?, VIRGINIA
'19�c 21st day of March, 2016.
No. 40463- 032116.
AN ORDINANC k Io rezone certain property located at 3435 and 0 (zero)
Melrose Avenue, N.W., horn CN, C'onunurcial- Neighborhood District, and CN,
C'onunercial- Neighborhood District and R -7, Residential Single- Family District, to CG,
C'ommcrcial- General District, subject to a contain condition proffered by the applicant;
and dispensing with the second reading of this ordinance by title.
WIIFRFAS, habitat for humanity in the Roanoke Valley, inc., has made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the
property located at 3435 and 0 (zero) Melrose Avenue, N.W., bearing Official Tax Map
Nos. 2660120 and 2660106, respectively, rezoned from CN, Commercial- Neighborhood
District, and CN, Commercial- Neighborhood District and R -7, Residential Single- Family
District, to CG, Commercial - General District, subject to a certain condition;
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 ]rearing 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 March 21, 2016, after due and timely notice thereof as required by §36.2 -540,
Code of the City Of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an Opportunity to be heard, both for and against the proposed
rezoning; and
Rezone wWi proRers -0 and 3435 Melrwe. Joo
WHEREAS, this Council, after considering the uforesnid application, the
rocommcncfafion 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, rcquirc the rezoning of
the subject propery, and far those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE f ORDAINED by the Council of the City of Roanoke that:
I. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map Nos. 2660120 and 2660106,
located at 3435 and 0 (zero) Melrose Avenue, N.W., respectively, be, mid are hereby
rezoned from CN, Commercial - Neighborhood District, and CN, Commercial -
Neighborhood District and R -7, Residential Single- Family District, to CO, Commercial -
General District, subject to a certain condition proffered by the applicant, as set forth in
the Zoning Amendment Application dated Jamtary 25, 2016.
2. Pursuant to the provisions of Section 12 of the City Chafer, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
�'v�
City Clem
R ... nc with praacrs - 0 and 3435 W[ ... adnc
2
Meeting: March 21, 2016
Subject: Application by Habitat for Humanity in the Roanoke Valley, Inc., to
rezone the properties at 3435 and 0 Melrose Avenue, N.W., bearing
Official Tax Nos. 2660120 and 2660106, respectively. The
application is to rezone the respective properties from (i) CN,
Commercial- Neighborhood District, and (ii) CN, Commercial -
Neighborhood District, and R -7, Residential Single - Family District,
respectively, to CG, Commercial - General District, with a condition.
Recommendation
The Planning Commission held a public hearing on Monday, March 14, 2016. By a
vote of 4 - 0 (Board Member Mr. Russell recused himself from this item due to a
conflict of interest) the Commission recommended approval of the rezoning request,
finding that the Original Application is consistent with the City's Comprehensive Plan,
Fairland, Villa Heights Neighborhood Plan, and Zoning Ordinance as it allows for
continued development of the site in a manner appropriate to the surrounding area.
Application Information
Request:
Rezoning
Owner:
Voice of the Blue Ridge, Inc.
Applicant:
Habitat for Humanity in the Roanoke Valley, Inc.
Authorized Agent:
Maryellen Goodlatte, Glenn Feldmann Darby &
Goodlatte
City Staff
Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address
/Location:
3435 and 0 Melrose Avenue, N.W.
Official Tax Nos.:
2660120 and 2660106
Site Area:
Approximately 7.4082 acres
Existing Zoning:
CN, Commercial- Neighborhood District, and
CN and R -7, Residential Single-Family District
Proposed Zoning:
CG, Commercial - General District, with a condition
Existing Land Use:
Office and Vacant
Proposed Land Use:
Retail sales, Office, Contractor shop, and Outdoor
storage (with a special exception)
Neighborhood Plan:
Fairland, Villa Heights Neighborhood Plan
Specified Future Land Use:
General commercial and Single and two family
residential use
Filing Date:
Original Application: January 21, 2016
Background
The building at 3435 Melrose Avenue, N.W., was built in 1958 and was
operated as a bowling alley for several decades. It has most recently been
operated as a bingo parlor, eating establishment abutting a residential district,
and offices. The adjacent property is developed along Orange Avenue as a
parking lot. During the 2005 Comprehensive Rezoning, the property was
rezoned from C -2, General Commercial District, and RS -3, Residential Single -
Family District, to CN, Commercial- Neighborhood District, and R -7, Residential
Single - Family District.
In November 2015, the Applicant met with staff to pursue using the property for a
new headquarters for Habitat for Humanity in the Roanoke Valley. The land uses
of the organization are: retail sales establishment, office, contractor shop, and
outdoor storage. The outdoor storage use is not permitted in the CN District
and the applicant must rezone in order for the use to be allowed there.
In January 2016, the Applicant filed an application to rezone the property from
CN, Commercial- Neighborhood District, and R -7, Residential Single - Family
District, to CG, Commercial - General District, with a condition. The condition
limits the uses of the property to those permitted in both the CN and CG zoning
districts plus four additional uses permitted only in the CG district.
Conditions Requested To Be Adopted by the Applicant
The property shall be used only for the following uses:
A. The following uses which are permitted of right in both the CN and CG
zoning districts:
1. Business service establishment, not otherwise listed
2. Financial institution
3. Laboratory, dental, medical, or optical
4. Medical clinic
5. Office, general or professional
6. Office, general or professional, large scale
7. Animal hospital or veterinary clinic, no outdoor pens or runs
8. Community market
9. Live -work unit
10. Mixed -use building
11. Studio /multimedia production facility
12. Bakery, confectionary, or similar food production, retail
13. Body piercing establishment
14. Dry cleaning and laundry pick -up station
15. General service establishment, not otherwise listed
16. Internet sales establishment
17. Laundromat
18. Motor vehicle rental establishment, without inventory on -site
19. Personal service establishment, not otherwise listed
20. Pet grooming
21. Retail sales establishment, not otherwise listed
22. Tattoo parlor
23. Club, lodge, civic, or social organization
24. Community center
25. Eating establishment
26. Health and fitness center
27. Meeting hall
28. Park or playground
29. Place of worship
30. Theater, movie or performing arts
31. Artist studio
32. Community garden
33. Day care center, adult
34. Day care center, child
35. Educational facilities, business school or nonindustrial trade school
36. Educational facilities, elementary/middle /secondary
37. Educational facilities, school for the arts
38. Fire, police, or emergency services
39. Government offices or other government facility, not otherwise listed
40. Library
41. Museum
42. Post office
43. Broadcasting studio or station
44. Utility distribution or collection, basic
45. Wireless telecommunications facility, stealth
46. Accessory uses, not otherwise listed
47. Outdoor display area
and
B. The following additional uses:
48. Building supplies and materials, retail
49. Contractor or tradesman's shop, general or special trade
50. Outdoor storage (subject to the issuance of a special exception permit)
51. Parking, off -site
Considerations
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the CG District is to permit motor vehicle dependent uses that
are generally developed as single use developments on individual lots, subject
to landscaping, access, and signage standards. Such development is generally
characterized by individual curb cuts, access drives, and signage. It is intended
that this district be applied primarily along heavily traveled arterial streets, with
an emphasis on clustering such development at major intersections. While
recognizing the motor vehicle traffic generated by the uses permitted in this
district, it is the intent of the regulations of the district to encourage and
recognize pedestrian access and public transit forms of transportation by
locating parking to the side and rear of buildings and minimizing conflict
through landscaping and signage standards. The uses permitted in this district
generally require a high volume of traffic along the frontage of the
establishment and include horizontally oriented buildings. Such permitted uses
include general retail establishments, offices, service establishments, motor
vehicle related sales and service, eating establishments, and entertainment
uses. The CG District is also intended to accommodate travel- oriented uses
such as hotels, motels, and gasoline stations.
Outdoor storage, as an accessory use, has supplemental regulations that must
be met to comply with the current zoning ordinance. The regulations preclude
outdoor storage areas from any required yard, open- spaces, parking area, and
from areas between the primary building fa4ade and the public street.
The concept plan submitted by the applicant shows the outdoor storage in an
area meeting these requirements. However since outdoor storage is only
permitted by special exception in the CG district, the applicant will have to
obtain a special exception from the Board of Zoning Appeals before being able
to have outdoor storage on its site.
Zoning District
Land
Use
North
R -7, Residential Single Family
Vacant; Dwelling, Single Family;
District, and ROS, Recreation and
Club, lodge, civic, or social
open Space District
organization
South
CN, Commercial- Neighborhood
Retail Sales Establishment, and
District
Vacant
East
CN, Commercial- Neighborhood
Place of Worship, and Vacant
District
West
CN, Commercial- Neighborhood
Retail Sales Establishment with
District, and R -7, Residential
Accessory Warehouse; and
Sin le Familv District
Vacant
Compliance with the Zoning Ordinance:
The purpose of the CG District is to permit motor vehicle dependent uses that
are generally developed as single use developments on individual lots, subject
to landscaping, access, and signage standards. Such development is generally
characterized by individual curb cuts, access drives, and signage. It is intended
that this district be applied primarily along heavily traveled arterial streets, with
an emphasis on clustering such development at major intersections. While
recognizing the motor vehicle traffic generated by the uses permitted in this
district, it is the intent of the regulations of the district to encourage and
recognize pedestrian access and public transit forms of transportation by
locating parking to the side and rear of buildings and minimizing conflict
through landscaping and signage standards. The uses permitted in this district
generally require a high volume of traffic along the frontage of the
establishment and include horizontally oriented buildings. Such permitted uses
include general retail establishments, offices, service establishments, motor
vehicle related sales and service, eating establishments, and entertainment
uses. The CG District is also intended to accommodate travel- oriented uses
such as hotels, motels, and gasoline stations.
Outdoor storage, as an accessory use, has supplemental regulations that must
be met to comply with the current zoning ordinance. The regulations preclude
outdoor storage areas from any required yard, open- spaces, parking area, and
from areas between the primary building fa4ade and the public street.
The concept plan submitted by the applicant shows the outdoor storage in an
area meeting these requirements. However since outdoor storage is only
permitted by special exception in the CG district, the applicant will have to
obtain a special exception from the Board of Zoning Appeals before being able
to have outdoor storage on its site.
Additional site development features that are required or regulated by the
zoning ordinance are not all shown on the concept plan. These details will be
finalized during the development review process.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Fairland, Villa Heights Neighborhood Plan
identify the need for redevelopment of existing commercial properties. The
rezoning, with a condition, will allow a new use on the existing developed mostly
commercial parcels while protecting the surrounding neighborhood through the
special exception process for the outdoor storage.
Relevant Vision 2001 -2020 policies
ED P6. Commercial development. Roanoke will encourage
commercial development in appropriate areas of Roanoke to serve
the needs of citizens and visitors.
Relevant Fairland, Villa Heights Neighborhood Plan Policies:
Economic Development Policies
Support, retain, and expand business development that is
compatible with neighborhood character and scale.
Encourage a mix of commercial uses that will improve the vitality
and connectivity of existing neighborhood areas.
The use of the property at 3435 and 0 Melrose Avenue, N.W. has long been one
of a commercial nature. It began as a bowling alley in the 1950's and changed
to a bingo parlor, eating establishment abutting a residential district, and
offices in subsequent decades. Now, a prospective purchaser proposes to
redevelop the property into their new headquarters encompassing a retail sales
establishment, office, contractor shop, and outdoor storage. The applicant has
proposed conditions that keep the land uses very similar to the existing zoning
with the exception of four particular uses that allow them to use the parcel fully
as their headquarters. Although the future land use map in the neighborhood
plan suggests that the one property should be used for general commercial use
and the second property should be used for single and two family residential
use, the proposed use and concept plan is not unlike the previous commercial
uses over the past almost sixty years.
Public Comments:
Mr. Edward Hunter, 5162 N. Lake Drive, owns and rents the property across the
street at 3426 Melrose Ave. N.W. He stated in a phone conversation with staff
on March 7, 2016, that he has no objections but hopes the project will keep a
good look for the community and will not raise property taxes as he is on a
fixed income.
Planning Commission Work Session:
None.
Planning Commission Public Hearing?
None.
Yj` Na&/
Kermit Hale, 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. Callaghan, City Attorney
John Netzel, Voice of the Blue Ridge, Inc.
Karen Mason, Habitat for Humanity in the Roanoke Valley, Inc.
Maryellen F. Goodlatte, Glenn Feldmann Darby & Goodlatte
Department of Planning, Building and Development
Room 166, Noet C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phow (540) 853 -1730 Fax (540) 853-1230
Dale'. uanuary 25, 2016
❑ Rezoning, Not Otherwise Listed
E Rezoning, Conditional
❑ Rezoning to Planned Unit Development
/"Y _
40�ANOKE
JAN $1 2016
CITY OF ROANOKE c—kk NsegpdBl
PLANNING BUILDING 8
DEVELOPMENT
Submittal Number. Orighvl Application
❑ Establishment of Comprehensive Sign Overlay District
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address. IO
and 3435 Melrose Avenue, N.W., Roanoke, VA 24017
Official Tax NO(S),I
2660106 and 2660120
❑ With Conditions
Existing ase Zoning
9 9
•2660106: CN/R7 TMf 2660120: CN
if multiple zones, please manually enter all districts.)
Without Conditions
Ordinance No(s). for Existing Conditions (If applicable).
Requested Zoning'.
G,Commerdal- General
With Conditions Proposed
Commercial (retail, oFce, t ntractor sho
❑ Without Conditions Land Use:
Phone Number. +i (540) 985900
Name.
Voice of the Blue Ridge, Inc.
Address:
3435 Melrose Avenue, N.W., Roanoke, VA 24017
E-Mail Idirector@volor
torg �
011& Allkz*z
Property Owners Signature : Join trel, Ex a Director
Phone Number. +1 (540) 3144958
Name.
Habitat for Humanity in the Roanoke Valley, Inc.
A dress'.
4-T�
403 Salem Avenue, Roanoke, VA 24016
E -Mail:
kareniphabitarroanoke.org
_ Vw-
Applicants Signature: Karen Mason, Executive Director
Phone Number.
+1 (540) 22441000
Name:
Maryellen F. Goodlatte, Esq.
Address
Glenn Feldmann, et at, P.O. Box 2887, Roanoke, VA 24001 -2
E -Mail: mgoodlatteiwglennfeldmann.com
n�
Authorized AgerntU Signature'.
r Written narrative explaining the reason for the request.
r Metes and bounds description it applicable.
r Filing fee.
r Concept plan meeting the Application Requirements of Bem'2(c) in Zoning Amendment Procedures.
r Written proffers . See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'21c)' in Zoning Amendment Procedures. Please label as
G 'development plan' it proffered.
C Development plan meeting the requirements of Section 362-326 of the City's Zoning Ordinance .
'An electronic copy of this application and checklist can be found at w .roanokeva.govlpbd by selecting' Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
CERTIFICATE
This is to confirm that I am the President of Voice of the Blue Ridge, Inc. (the "Company"). and
hereby confirm that John Netzel, as the Executive Director of the Company, is authorized to sign
applications and other documents on behalf of the Company which are submitted by Habitat for
Humanity in the Roanoke Valley, Inc. ("Habitat') to the City of Roanoke including, but not
limited to, the Zoning Amendment Application and the Special Exception Application with
respect to the property owned by the Company at 0 and 3435 Melrose Avenue, N.W, which is
under contract to Habitat.
Dated this ?�46 day of January, 2016
VOICE OF THE BLUE RIDGE,, INC.
By: � 1 ,S— n/�O /o! -11YL,
Lila Dickerson
Its: President
Page I of 1
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01/20/16
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https : / ,Icisiweb.scc.virginia.gov /instant. aspx 120/2016
CERTIFIC'ALE
This is to e)nLmt that I am the President of Ilabital for Humaniq in the Roanoke Valley, Inc.
ithe "Company "), and hereby confirm that Karen Mason, as the Executive Director of the
Company is authorized to sign applications and other documents submitted to the City of
Roanoke o7 behalf of the Company including, but not limited to, the Zoning Amendment
.Application and the Special Exception Application, with respect to Roanoke City lax Map
'arcels 2660106 and 2660120, which the Company has under contract.
Dated this _ 1711 day of Januap, 2016.
HABITAT FOR Hl, "MANPfY IN I I l6 ROANOKE
VALLEY, INC.
i
Mi acl L. Dame
lts: Presider.'
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10 p.m., for system maintenance. We apologize for the inconvenience and appreciate
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01/20/16
t' SM1001 I" ._.S AN D '-P NCI PAL OFFT C ✓. 13:50:59
;OR T.A-L R 0214ga4 1 ';RP ARp , , 1-11 IT L .L
COPF NAME: HA3ITAT. FcE HUMANTIY :N =EE R A-OKE iACLEY, TVT .
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F. A.
Ti
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ii
STREET: 40 SALEM E
CITY: ROANOKE 6Tf +-E: VA ZT P: DI '1E
L P.E @U :. REL:: Y
OFFI EP—/ 'DTECTD CT LAY FOF Ank 1= - . -FC49
NAME T.TTLF
MICHAEL DAX7
PAUL HENRICKSOS
_TEPHAN'.E LETCFR
DTNAH FERRA.NCE
JA_H WHITE
i 11
_.3.;LDENT
VICE. PRESIDENT
TREASURER
SFIRFTARY
JI I ' :CTOR
Virginia.,-o
https:// cisiweb .scc.virginia.gov /instant.aspx 1/20/2016
NARRATIVE
Habitat for Humanity in the Roanoke Valley, Inc. ( "Habitat ") has been part of the Roanoke
Valley for 30 years. Since its founding in 1986, Habitat has helped build, renovate, and
repair over 200 decent, affordable homes. Habitat is an affiliate of Habitat for Humanity
International, which was founded in Americus, Georgia in 1976.
Habitat provides low to moderate income individuals and families with the opportunity to
achieve independence by way of successful home ownership. Individuals and families are
selected according to need, ability to pay the zero interest, zero profit mortgage, and
willingness to invest 300+ hours of sweat equity. Prospective homeowner families' annual
incomes must fall between 30 -60% of the Roanoke MSA income limits. Applicants are
required to prepare a budget, resolve all judgments and liens, and complete a homeowner
education curriculum.
Habitat has received numerous awards, including the Roanoke Valley Preservation
Foundation Award for outstanding work in rehabilitating historic structures, as well as
constructing compatible infill development within historic neighborhoods. The City's
Preservation Excellence Award was received for the outstanding renovation of two homes in
the Hurt Park neighborhood. Habitat has been recognized by Habitat Virginia as one of the
top EarthCraft builders in the Commonwealth. In 2015 Habitat received the Habitat for
Humanity Affiliate of the Year Award as part of EarthCraft Virginia's 61h Annual Sustainable
Leadership Award, the organization's yearly awards presentation to recognize Virginia
leaders in the adoption of green, sustainable housing. Sustainable building practices have
become part of Habitat's standard operating procedures. Since 2009 all new construction
and major rehabilitation projects have received EarthCrafl and ENERGY STAR
certifications. Specific homeowner benefits as a result of these certifications include savings
on operating, health, and repair costs; conservation of resources and energy; improved air
and water quality; and enhanced quiet, durability, and comfort.
The acquisition of the Melrose Avenue parcels which are the subject of the rezoning petition
will allow Habitat sufficient space for its retail store, offices, classroom and workshop space,
as well as the storage of its equipment and building materials. Other than entrance and
loading dock changes to facilitate customer, equipment and material access as well as name
changes on the existing freestanding and building signage, major changes to the exterior of
the building on the property are not anticipated. Additionally, no changes to the parking lot
use of the parcel now split zoned are anticipated. The building's primary entrance will
continue to be on Melrose Avenue, but the side entrance and loading docks will be
reconfigured to allow for level and easy access. As approximately located on the concept
plan, a fenced area will be created within which Habitat will store its construction trailers.
trucks, and van. Also within the fenced area, Habitat anticipates erecting an accessory
structure within which to secure building materials until they can be moved to a house site.
Changes to the interior of the building, as illustrated on the enclosed renovation plan
prepared by Ilughes Associates, place an emphasis on the retail space (ReStore) while
providing for Habitat's other space needs.
Relocating from Salem Avenue to Melrose Avenue gives Habitat significantly more space
for its retail operations, now constrained by space limitations, making it much more
customer - friendly. Additionally, having all its space on one level will vastly improve the
functionality of Habitat's operations. Currently, its operations are spread over multiple
floors in the Salem Avenue facility.
The segment of Melrose Avenue along which the property is located is within the Fairland,
Villa Heights Neighborhood in very close proximity to the Peters Creek North neighborhood.
Melrose Avenue, a major arterial street, defines a boundary for both neighborhoods. Both
neighborhood plans recognize the commercial nature of Melrose Avenue development. Both
neighborhood plans recognize the importance of reusing existing commercial sites. Both
neighborhood plans recognize the importance of convenient access to retail establishments to
their residents.
Habitat's purchase of the property from Voice of the Blue Ridge, Inc. ( "Voice "), another
area non - profit organization which serves an important segment of our community, will
allow the building to transition from an entertainment use (i.e. bingo parlor) to one with
significant retail and office components, uses encouraged by the neighborhood plans. The
positive economic activity will not only energize this portion of Melrose Avenue, but will
also provide area residents with reasonably priced home improvement materials as well as
instructional aid and assistance. With revenues from the bingo operations in the building
dwindling, Voice's sale of the property to Habitat provides Voice with critically needed
funds to support its mission. This transition of ownership will allow the existing commercial
building to be revitalized by the activities and uses proposed by Habitat as well as its
investments in the physical structure. And, Habitat's relocation to Melrose Avenue from its
current home at 403 Salem Avenue, allows a residential conversion of the Salem Avenue
property, continuing that important redevelopment trend for downtown.
PROFFERS TO BE ADOPTED
ON
ROANOKE CITY TAX PARCEL NOS. 2660106 AND 2660120
The property shall be used only for the following uses:
A. The following uses which are permitted of right in both the CN and CG
zoning districts:
1. Business service establishment, not otherwise listed
2. Financial institution
3. Laboratory, dental, medical, or optical
4. Medical clinic
5. Office, general or professional
6. Office, general or professional, large scale
7. Animal hospital or veterinary clinic, no outdoor pens or runs
8. Community market
9. Live -work unit
10. Mixed -use building
11. Studio /multimedia production facility
12. Bakery, confectionary, or similar food production, retail
13. Body piercing establishment
14. Dry cleaning and laundry pick -up station
15. General service establishment, not otherwise listed
16. Internet sales establishment
17. Laundromat
18. Motor vehicle rental establishment, without inventory on -site
19. Personal service establishment, not otherwise listed
20. Pet grooming
21. Retail sales establishment, not otherwise listed
22. Tattoo parlor
23. Club, lodge, civic, or social organization
24. Community center
25. Eating establishment
26. Health and fitness center
27. Meeting hall
28. Park or playground
29. Place of worship
30. Theater, movie or performing arts
31. Artist studio
32. Community garden
31 Day care center, adult
34. Day care center, child
35, Educational facilities, business school or nonindustrial trade school
36. Educational facilities, elementary/middle /secondary
37. Educational facilities, school for the arts
38. Fire, police, or emergency services
39. Government offices or other government facility, not otherwise
listed
40. Library
41. Museum
42. Post office
43. Broadcasting studio or station
44. Utility distribution or collection, basic
45. Wireless telecommunications facility, stealth
46. Accessory uses, not otherwise listed
47. Outdoor display area
and
B. The following additional uses:
48. Building supplies and materials, retail
49. Contractor or tradesman's shop, general or special trade
50. Outdoor storage (subject to the issuance of a special exception
permit)
51. Parking, off -site
®HUGHES
r _ ASSOCIATES
ARCHITECTS &ENGINEERS
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IF 1 1
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FLLl'lR PIJN
Renovation for
Habitat for Humanity Comm. No. 14059
3435 Melrose Ave NW Roanoke, VA January 15, 2016
i�
51
I�
HUGHES
ASSOCIATES
ARCHITECTS & ENGINEERS
Concept Plan
Habitat for Humanity in the Roanoke Valley, Inc. comm. NG 14059
3435 Melrose Ave NW Roanoke, VA January 21, 2016
T
III
s
.tea
1\
HUGHES
ASSOCIATES
ARCHITECTS & ENGINEERS
Concept Plan
Habitat for Humanity in the Roanoke Valley, Inc. comm. NG 14059
3435 Melrose Ave NW Roanoke, VA January 21, 2016
ZONING DISTRICT MAP
3435 & 0 Melrose Ave. NW;
Official Tax Parcels: 2660120 &
2660106, respectively
®Area to be Rezoned
Zoning
AO: A mod Dev
- CG OommeiowF xnerel
. - CLS: Commercial-Large Site
CN. Commercial-Neighborhood
- D: Downtown
- 1 -1: Light Indtodrial
1 -2: Heavy Indostnal
IN ImMutgnal
O INPUD: Institutional Planned Unit Dev
IPUD: Indvstnal Planned Unit Dev
MX: Mixed Use
Q MXPUD: Mixed Use Plannad Unit Onv
R -12: Res Single- Family
R -3'. Res Single- Family
R -5: Res Single -Family
R -9 Rd Single - Famiy
RA: Res-Agncuhurat
RM -1: Res Mixed Denis,
RM-2: Res Mixed Density
RMF: Res Multifamily
- ROS: Recreation and Open Space
_ UF: UNan Flex
Conditional Zoning
N
0 100 200 Feet W +E
1 S
AFFIDAVIT
APPLICANT:
Habitat for Humanity
LOCATION:
3435 and 0 Melrose Avenue, NW
Tax No. 2560306 and 2260120
REQUEST:
Request to Rezone the Property with a Condition
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE
)
The affiant, Tina M. Carr, first being duly sworn, states that she Is Secretary to the Roanoke City
Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first -class mail this 1, day of J- .,,� ���— . 2016, notices of a
public hearing to be held on this 141i+ day of / �1rW Ie 4\ 2016, 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
I day of 1%, rh 2016.
oaR W.CHItDRESS
LCOMMON rWFALTHHUOFKVIRONNIA
REGISTRATION 07628185
C OMMISSION Ix RFS ld
Nota Public
Tax ID Owner Address City State Zip
2660124,
2660131,
2660127,
2550101
RCCEqulty Group LLC
3360 Country Club Or NW
Roanoke
VA
24017
2660104
Bonning Group LLC
PO Box 5384
Charlottesville
VA
22905
2660109
Roger Willis
4103 High Acres Rd NW
Roanoke
VA
24017
2660120
Voice of the glue Ridge INC
3435 Melrose Ave NW
Roanoke
VA
24017
2660125,
2660128
NEWMEL LLC
3570 Hershberger Rd
Roanoke
VA
24017
2660304
Lourice LThomas II
4053 Clairmont St SW
Roanoke
VA
24018
2660306,
260307,
26603DS
L C$quared Real Estate LLC
1001 W Main St
Salem
VA
24153
2660401,
2660402
Jay Corpof Roanoke
5271 Roselawn Rd SW
Roanoke
VA
24018
2660404
Ivy L Pruitt
3438 Melrose Ave NW
Roanoke
VA
24017
2660405,
``.�11
9l0
2660410
Trustees of the Mt Zion`Refor`mec
3424 Melrose Ave NW
Roanoke
VA
24017
2660420
Betty W and Edward T Hunter
5162 N Lake Or
Roanoke
VA
24019
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - PDV
Attn Tina M. Can
215 CHURCH AVE
ROOM 166
ROANOKE, VA 24011
Account Number
6011439
Date
March 08, 2016
Data Category Description Ad Size Total Cost
0311412016 Municipal Notices PUBLIC HEARING NOTICE All public hearings advedised he; 1 x 134 L 1,292.08
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
03101,03/08/2016
The First insertion being given ... 03/01/2016
Newspaper reference: 0000276987
Billing Representative
Sworn to and subscribed before me this
Notary Put�lic
P,TQ ' .�ENA,
State of Virginia
City/County of Roanoke '��� f� li
oLIC , y
My Commission expires I
*' G 73 4
ON
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ' -/ ,
114ui 1.
antl nWdonr storage.
PUBLIC HEARING NOTICE e in ti rioy ag xdga o5rto the City f wallon
the northern edge of Norfolk Avenue,
std.. approximately 985 feet in length
All public hearings adverfised herein
and varyingfrom 35 fact to 21 feet in
II be held In the City Council
wielh between 2nd Street. 5.se. and
Chnmbep fourth floor, Room 458 Noel
Jefferson Street SE, and a portion cl
C Taylor Municipal Building, 215
rightof -way along Norfolk Avenue,
Church Avenue, Stair Roanokq
S6. approximately 445 feet m Ienglh
Virginia All applications are swingable
and conceimd[aly 65 feet In width
for review In the Planning. Building and
between Jefferson Street, 5 E and
oevelopment office, Room 166. 215
Williamson Road, SE, with ownership
Church Aven.B SW_ Roanoke.
transferred to Npdolk Southern for the
Virginia-
purpose of developing a passenger
pimmm�. rhe,yne3 of Nodolk
The City of Roanoke Planning
Avenue, S.W. retailers to Nmfolk
Commission will hold public hearings
Sruthirn rightof -way that will be
on Mrreh 14, 2016, at 190 in m., or as
vaccad includes an approximate 032
Pyg as the matters may be heard to
trip area extending from 2ntl Street
consider theseappliolsons
S.W.. to South Jefferson Street The
segment of Norfolk Avenue, SE,
Annealed by Habiatfar Humuniryin
adjacent to Norfolk Southern right of
the Roanoke valley, roc, to r( vane the
was that will be Calm includes
sure
Properties at 3435 and D Melrose
approximate 0.0] area extending
Avenue N. W. Losing Chubut Tax Nos
bath east and west from the
2660120 and 261 respectively_ The
Intersection of donne Alonue, 5.E,
application is to rezone the respective
and Market Street, SE. The remaining
prrperues from n CD Commercial-
pndion of Nodolk Avenue SW., and
Neighborhood District. and gig) CN.
Norfolk Avenue, SE hotween 2nd
Commercial pantomimed District.
Stuart. SW. and Wilke pan, S
and R 7, Residential birds nearly
kill trading a public street.
District, respectively, to 6G
Tira M. Cart, Secretary. City Planning
Commercial General District. sigh a
Commission
ronthtion The land use catmones
permitted In the CG District Include
Cly Council will hold public hearings
moddrom and group living,
on the aforesaid applkatipre on March
cfa. Industrial assembly red
21, gulf, of 700 sun, or 11 Coro as me
nodde in meet', public, iestittirnal and
welters may he heard
community aciaics, transportation
acce[ssssory,
gacmmmr and r,
Anr person wish a msatlik requiring
and specified
with m resignation tlarea
airy optimal a
atom to amend
r do 5
and a maximum floor area moo
In the hearings should
in the
or narbthe
ads
The plan designates
City once at oAm
853254 the Cas Cike
me pinglean forgeneral commercial
properties for general
d prior
853 2541 at mast nvc days prior ro me
and single and two family residential
zchmuleJ M1eanng.
but does masted The
pure Properties our
posed oe s at the Pearter
s
retail sale, n [ratlur hop,
nip bL More Rnynold:. MM1IL
rid o storage
antl outdoes storage
Cl
Co, G1y Clerk
ApPluaten by LSW -HMW Family
Limited Partnership to around the
a1595n
subject property be repealing to
nnmDSns accepted by City council as
part of a previous rezoning at 622
Huntington Boulevard, NF., bearing
Duffi—I Tax No 3280102, and replacing
them with other condition Tbr
rmntmns placed upon the pmpem by
the adoption oI Colman.. 36625
021]W on February 11,2004, proposed
air repeal allow only certain uses and
do net allow outdoor storage The
of the property Pull remain FI.
Liping
ght Industrial District, permitting
of me uses m lhe.e and us
egoriez l ndusGal
g cate
enetacia
assembly and entertainment public
institutional and undyi
transportation , utility: agricultural. and
with no m nobody
specstory'
ified red r mu floor air
ratio of 2 D_ The compa`hensivo plzn
des grates the poor d, for small and
medium scale commercial use, but
does ml specify density The proposed
uses of ms prepelry are ormufaethreng
5£,F)0d2?8HW7H,'Idl di
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.
The City of Roanoke Planning Commission will hold public hearings on March 14, 2016, at
1:30 p.m., or as soon as the matters may be heard, to consider these applications:
Application by Habitat for Humanity in the Roanoke Valley, Inc., to rezone the properties at
3435 and 0 Melrose Avenue, N.W., bearing Official Tax Nos. 2660t20 and 2660106,
respectively. The application is to rezone the respective properties from (i) CN, Commercial -
Neighborhood District, and (ii) CN, Commercial- Neighborhood District, and R -7, Residential
Single- Family District, respectively, to CG, Commercial- General District, with a condition. The
land use categories permitted in the CG District include accommodations and group living;
commercial; industrial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with no maximum density specified
and a maximum floor area ratio of 5.0. The comprehensive plan designates the properties for
general commercial and single and two family residential use, but does not specify density. The
proposed uses of the properties are retail sales, office, contractor shop, and outdoor storage.
Application by LSW -HMW Family Limited Partnership to rezone the subject property by
repeating the conditions accepted by City Council as part of a previous rezoning at 622
Huntington Boulevard, N.E., bearing Official Tax No. 3280102, and replacing them with other
conditions. The conditions placed upon the property by the adoption of Ordinance 36625-
021704 on February 17, 2004, proposed for repeal allow only certain uses and do not allow
outdoor storage. The zoning of the property will remain I -1, Light Industrial District, permitting
some of the uses in these land use categories: commercial; industrial; assembly and
entertainment; public, institutional and community; transportation; utility; agricultural; and
accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The
comprehensive plan designates the property for small and medium scale commercial use, but
does not specify density. The proposed uses of the property are manufacturing and outdoor
storage.
Application from the City of Roanoke to vacate a portion of right -of -way along the northern
edge of Norfolk Avenue, S.W., approximately 985 feet in length and varying from 3.5 feet to 27
feet in width between 2nd Street, S.W., and Jefferson Street, S.E., and a portion of right -of -way
along Norfolk Avenue, S.E., approximately 445 feet in length and approximately 6.5 feet in
width between Jefferson Street, S.E., and Williamson Road, S.E., with ownership transferred to
Norfolk Southern for the purpose of developing a passenger train platform. The segment of
Norfolk Avenue, S.W., adjacent to Norfolk Southern right -of -way that wilt be vacated includes
an approximate 0.32 acre area extending from 2nd Street, S.W., to South Jefferson Street. The
segment of Norfolk Avenue, S.E., adjacent to Norfolk Southern right -of -way that will be vacated
includes an approximate 0.07 acre area extending both east and west from the intersection of
Norfolk Avenue, S.E., and Market Street, S.E. The remaining portion of Norfolk Avenue, S.W.,
and Norfolk Avenue, S.E. between 2 "a Street, S.W. and Williamson Road, S.E. will remain a
public street.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on March 21, 2016, at 7:00
p.m., or as soon as the matters may be heard.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, March 1, 2016, and Tuesday, March 8, 2016.
Please hill and send affidavit of publication to
Tina M. Can
Secretary to the Planning Commission
Planning Coordinator
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
ti na. canLroanokeva. go v
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540./853 -2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)89 -2541
Fna: (540) 853-1145
STEPHANIE M. MOON REYNOLDS, MMC E -nevi: c1,,k(J,roanekeva.... CECELIAF. MCCOY
He Clerk Ecru, City Clerk
CECELIA T. W EBB, CMC
Assistant Denny City Clerk
March 7, 2016
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m. in the Council Chamber regarding a request by
Habitat for Humanity in the Roanoke Valley, Inc. to rezone the properties at 3435 and 0
Melrose Avenue, N. W., bearing Official Tax Nos. 2660120 and 2660106, respectively, from
(i) CN, Commercial- Neighborhood District, and (ii) CN Commercial- Neighborhood District,
and R -7, Residential Single - Family District, respectively, to CG, Commercial - General, with a
condition. (See copy of Public Hearing Notice attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be heard
by the Roanoke City Council on Monday, March 21 at 7:00 p.m., in the Council
Chamber, depending upon formal action taken by the City Planning Commission. Action
taken by the City Planning Commission may be viewed on the City's webpage,
www.roanokeva aov, under "Roanoke Planning Commission News ".
If you have questions regarding the Planning Commission public hearing, please contact
Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
r rti.Q`ps�,(gr
Stephanie M. Moon R ynolds, Mt�MC
City Clerk
Enclosure
Maryellen F. Goodlatte, Esq.
March 7, 2014
Page 2
Pc: John Netzel, Executive Director, Voice of the Blue Ridge, Inc., 3435 Melrose
Avenue, N. W., Roanoke, Virginia 24017
Karen Mason, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc.,
403 Salem Avenue, S. W., Roanoke, Virginia 24016
Tina Carr, Secretary, Roanoke Planning Commission
CITY OF ROANOKE
OFFICE OF TIIE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telep6ane: (548) 853 -2541
Fax: (548)853 -1145
SrU HANIE M. MOON REYNOLDS, MMC E -mnil: cicrkQDronnokevn' a °° CECELIAF. MCCOY
City ('lerk Deputy City Clerk
CECELIA T. W EBB, CMC
Axlnm a Dep:ay City Clerk
March 7, 2016
RCC Equity Group, LLC T. C. Squared Real Estate, LLC
Bonning Group, LLC Jay Corp. of Roanoke
Roger C. Willis Ivy L. Pruitt
Newmel, LLC Edward and Betty Hunter
Lourice L. Thomas, It
Trustees of the Mt. Zion Glorious Church of God
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request by
Habitat for Humanity in the Roanoke Valley, Inc. to rezone the properties at 3435 and 0
Melrose Avenue, N. W., bearing Official Tax Nos. 2660120 and 2660106, respectively, from
(i) CN, Commercial- Neighborhood District, and (ii) CN Commercial- Neighborhood District,
and R -7, Residential Single - Family District, respectively, to CG, Commercial - General, with a
condition. (See copy of Public Hearing Notice attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the
Roanoke City Council Monday, March 21 at 7:00 p.m. in the Council Chamber,
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.cov,
under "Roanoke Planning Commission News'.
This letter is provided for your information as an interested property owner and /or adjoining
property owner. If you have questions regarding the Planning Commission public hearing,
please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon eynolds, MIMIC
City Clerk
Enclosure
March 23, 2016
Daniel F. Layman, Jr., Attorney
Woods Rogers, PLC
P. O. Box 14125
Roanoke, Virginia 24038 -4125
Dear Mr. Layman:
I am enclosing a copy of Ordinance No. 40464 - 032116 repealing conditions presently
binding upon a tract of land located at 622 Huntington Boulevard, N.E., designated as
Official Tax Map No. 3280102, and zone such property as 1 -1, Light Industrial District,
with proffers as set forth in the Zoning Amendment Amended Application No. 1 dated
February 19, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
utka',,,,.� Y'y 1
Stephanie M. Moo Reyn ds, MMC
City Clerk
Enclosure
LSW -HMW Family Limited Partnership, 1463 West Main Street, Suite P3, Salem,
Virginia 24153
Jack D. Smith, 623 Huntington Boulevard, N. E., Roanoke, Virginia 24012
Paul and Minnie Dickinson, 5060 Kingsmen Road, Roanoke, Virginia 24019
JTJ Properties, P. O. Box 21153, Roanoke, Virginia 24018
Randolph P. Abbott, 6735 Jasmine Circle, Roanoke, Virginia 24019
Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 -0428
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540)851 -2541
Fnx: (540)953 -1145
STEPHANIE M. MOON REVNOLDS, MMC
E -nail: dcrk(a}onnokevn.guv
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CIVIC
Assistant Deputy City Clerk
March 23, 2016
Daniel F. Layman, Jr., Attorney
Woods Rogers, PLC
P. O. Box 14125
Roanoke, Virginia 24038 -4125
Dear Mr. Layman:
I am enclosing a copy of Ordinance No. 40464 - 032116 repealing conditions presently
binding upon a tract of land located at 622 Huntington Boulevard, N.E., designated as
Official Tax Map No. 3280102, and zone such property as 1 -1, Light Industrial District,
with proffers as set forth in the Zoning Amendment Amended Application No. 1 dated
February 19, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
utka',,,,.� Y'y 1
Stephanie M. Moo Reyn ds, MMC
City Clerk
Enclosure
LSW -HMW Family Limited Partnership, 1463 West Main Street, Suite P3, Salem,
Virginia 24153
Jack D. Smith, 623 Huntington Boulevard, N. E., Roanoke, Virginia 24012
Paul and Minnie Dickinson, 5060 Kingsmen Road, Roanoke, Virginia 24019
JTJ Properties, P. O. Box 21153, Roanoke, Virginia 24018
Randolph P. Abbott, 6735 Jasmine Circle, Roanoke, Virginia 24019
Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 -0428
Daniel F. Layman, Jr., Attorney
Woods Rogers, PLC
March 23, 2016
Page 2
Sitestar Corporation, 7109 Timberlake Road, Lynchburg, Virginia 24502
Whiting Oil Company, P. O. Box 385, Allentown, Pennsylvania 18105
Dallas G. Jarrell, 5661 Warvood Drive, S. W., Roanoke, Virginia 24019
K & T Entertainment, Inc., 217 Minnie Bell Lane, Vinton, Virginia 24179
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
Chris Chittum, Director of Planning, Building & Development
Ian D. Shaw, Planning Commission Agent
Tina Carr, Secretary, Roanoke Planning Commission
IN THE COUNCIL OF TI I]: ('I fy OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40464- 032116.
AN ORDINANCE to rezone certain property located at 622 Hmriington
Boulevard, N.13., by repealing proffered conditions presently binding upon such property
and proffering new conditions; and dispensing with the second reading of this ordinance
by title.
WI IEREAS, LSW -I-IMW Family Limited partnership has made application to the
Council of the City of Roanoke, Virginia ( "City Council"), to amend certain conditions
presently binding upon a tract of land located at 622 Huntington Boulevard, N.E., being
designated as Official Tax Map No. 3280102, which property is zoned 1 -1, Light
Industrial District, with proffers, such proffers being accepted by Ordinance No. 36625-
021704, adopted on February 17, 2004;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on March 21, 2016, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, Convenience, general welfare and good zoning practice, require the amendment
of the P offrn's applicable to the subject property, and is of the opinion that the conditions
now binding upon a tact of land located at 622 Huntington Boulevard, N.E, being
designated as Official 'fax Map No. 3280102, should be repealed as requested, and that
such property be zoned 1 -1, Light Industrial District, with proffers as set forth in the
Zoning Amendment Amended Application No. I dated February 19, 2016.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the proffered conditions as set forth in the Zoning
Amendment Amended Application No. I dated February 19, 2016, so that the subject
property is zoned I -1, Light Industrial District, with such proffers.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
j'Y�l.�
City Clerk
Amend Vmflers -022 Huntinglon.dac
Meeting: March 21, 2016
Subject: Application by LSW -HMW Family Limited Partnership to rezone the
subject property by repealing the conditions accepted by City
Council as part of a previous rezoning at 622 Huntington
Boulevard, N.E., bearing Official Tax No. 3280102, and replacing
them with other conditions.
Recommendation
The Planning Commission held a public hearing on Monday, March 14, 2016.
By a vote of 5 - 0 the Commission recommended approval of the rezoning
request, finding that the Amended Application No. 1 is consistent with the
City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance
as it amends conditions for the property to allow more uses in a manner
respective of the surrounding neighborhood.
Application Information
Request:
Amendment of Proffered Conditions
Owner:
LSW -HMW Family Limited Partnershi
Applicant:
N/A
Authorized Agent:
Daniel F. Layman, Jr., Attorney At Law
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
622 Huntington Boulevard, N.E.
Official Tax No.:
3280102
Site Area:
A pproximately 1.6287 acres
Existing Zoning:
1 -1, Light Industrial District, with conditions
Proposed Zoning:
1 -1, Light Industrial District, with conditions
Existing Land Use:
Vacant
Proposed Land Use:
Manufacturing: General, not otherwise listed in this
table and Outdoor Storage
Neighborhood Plan:
Williamson Road Area Plan
Specified Future Land Use:
Small and Medium Scale Commercial
Filing Date:
Original Application: January 25, 2016
Amended Application No. 1: February 22, 2016
Background
The building at 622 Huntington Boulevard, N.E., was built in 1970 and has
operated as a printing press and office, film processing facility, and an
industrial equipment repair and parts warehouse. In 2004, the property was
rezoned from CN, Neighborhood Commercial District, to LM, Light
Manufacturing District, with conditions, to allow for the property to be used for
a general storage and warehousing establishment.
In January 2016, the Applicant filed an application to repeal the proffered
conditions from 2004 and to replace them with proffered conditions listing the
uses in the current zoning ordinance found in in both the CN, Commercial -
Neighborhood District, and 1 -1, Light Industrial District, with the addition of
outdoor storage as a use subject to a landscape buffer.
In February 2016, the Applicant amended the application to include the
landscape buffer as a separate proffered condition.
Conditions Requested To Be Repealed and Adopted by the Applicant
The applicant hereby requests that ALL of the proffered conditions enacted by
Ordinance No. 36625-021704 be repealed as they pertain to Official Tax No.
3280102.
(a) The property will be used only for one or more of the following permitted
LM uses (all other LM uses permitted by the ordinance being prohibited as a
result of this condition):
(i) Trade and vocational schools of an industrial nature.
(ii) Day care centers with unlimited capacity subject to the requirements
of Section 36.1 -510 et seq.
(iii) Laboratories and testing facilities not accessory to a specific use,
including photographic laboratories, industrial testing facilities and
similar uses.
(iv) General storage and warehousing establishments engaged in the
storage of miscellaneous merchandise not for sale on the same premises.
(v) Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other processes related to the creation
of new products and including as an accessory use the retail sale of
goods manufactured on the premises, where all such manufacturing,
assembly, mixing, processing or other processes related to the creation
of new products, and retail sales of goods manufactured on the premises,
are wholly enclosed in the building.
(vi) General service establishments, excluding the repair or maintenance
of motor vehicles and trailers.
(vii) Commercial printing establishments which print newspapers,
publications, and other materials.
(b) There shall be no outdoor storage on the property.
The applicant hereby requests that the following proffered conditions be
adopted as they pertain to Official Tax No. 3280102:
(1) The property will be used only for one or more of the following permitted
1 -1 uses (all other 1 -1 uses permitted by the zoning ordinance being
prohibited as a result of this condition):
Business service establishment, not otherwise listed
Educational facilities, industrial trade school
Laboratory, dental, medical or optical
Laboratory, testing and research
Office, general or professional
General service establishment, not otherwise listed
Animal hospital or veterinary clinic, no outdoor pens or runs
Studio /multimedia production facility
Bakery, confectionary, or similar food production, retail
Dry cleaning and laundry pickup station
Motor vehicle rental establishment, without inventory on sit(
Retail sales establishment, not otherwise listed
Commercial printing establishment
Electrical components assembly, wholesale distribution
Internet sales establishment
Welding or machine shop
Workshop
Manufacturing: General, not otherwise listed
Warehouse
Eating establishment
Health and fitness center
Artist studio
Broadcasting studio or station
Outdoor storage as an accessory use only
(2) Evergreen trees at least five (5) feet tall, meeting the requirements of Table
642 -1 in the City of Roanoke Zoning Ordinance, planted in two (2) offset rows
on 8 -foot centers, shall be established and maintained in a 10 -foot buffer strip
located adjacent to and within 25 feet of the entire length of any boundary of
the property that abuts property in a residential zoning district. The screening
trees will be planted within 60 days after the date on which City Council
approves the requested rezoning. No outdoor storage will be allowed between
the 10 -foot buffer strip and the adjacent residentially zoned district.
Considerations
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the 1 -1 District is to provide for a range of wholesale,
warehousing, distribution, storage, repair and service, assembly or processing,
fabrication or manufacturing, accessory commercial and office uses, intensive
commercial uses, and other types of uses such as flex space. The regulations of
the 1 -1 District are intended to mitigate conflict between adjacent uses within
the district and to protect neighboring nonindustrial districts and uses.
The amendment of proffered conditions does not alter the existing physical site
with the exception of the new landscape buffer along the residential zoning
district boundary to the north of the property. The site will be subject to the
dimensional standards of the 1 -1 district for any future changes. Depending on
the location of the proposed outdoor storage area, the property along the CN
properties would likely need to be screened as well. The standard screening
required in the Zoning Ordinance would be appropriate there if required and
could be addressed during development review.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Williamson Road Area Plan identify the need for
redevelopment of existing industrial properties. The amendment of proffered
conditions will maintain the existing development pattern while allowing a new
use on the parcel.
Relevant Vision 2001 -2020 policies:
ED PS. Industrial development. Underutilized and vacant industrial
sites will be evaluated and redevelopment encouraged.
Zonin District
Land Use
North
RM -1, Residential mixed Density
Dwelling, Multifamily; Dwelling,
District
Sin le Famil
South
CN, Commercial- Neighborhood
Dwelling, Single Family (non -
District
conformin use)
East
1 -1 Light Industrial District
Utility Distribution or
,
Collection, Transitional
West
CN, Commercial- Neighborhood
Gasoline Station; Retail Sales
District
Establishment; and Vacant
Compliance with the Zoning Ordinance:
The purpose of the 1 -1 District is to provide for a range of wholesale,
warehousing, distribution, storage, repair and service, assembly or processing,
fabrication or manufacturing, accessory commercial and office uses, intensive
commercial uses, and other types of uses such as flex space. The regulations of
the 1 -1 District are intended to mitigate conflict between adjacent uses within
the district and to protect neighboring nonindustrial districts and uses.
The amendment of proffered conditions does not alter the existing physical site
with the exception of the new landscape buffer along the residential zoning
district boundary to the north of the property. The site will be subject to the
dimensional standards of the 1 -1 district for any future changes. Depending on
the location of the proposed outdoor storage area, the property along the CN
properties would likely need to be screened as well. The standard screening
required in the Zoning Ordinance would be appropriate there if required and
could be addressed during development review.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Williamson Road Area Plan identify the need for
redevelopment of existing industrial properties. The amendment of proffered
conditions will maintain the existing development pattern while allowing a new
use on the parcel.
Relevant Vision 2001 -2020 policies:
ED PS. Industrial development. Underutilized and vacant industrial
sites will be evaluated and redevelopment encouraged.
Relevant Williamson Road Area Plan Policies:
Economic Development Policies
Industrial development and redevelopment will be actively
promoted in the industrial district along Plantation Road.
The use of the property at 622 Huntington Boulevard, N.E. has long been one of
an industrial nature. It began as a printing press and office in the 1970's and
changed to a film processing facility, an industrial equipment repair and parts
warehouse, and a general storage and warehousing establishment in subsequent
decades. Now, a new tenant proposes to put the vacant property back into
service as a manufacturing facility with outdoor storage through the amendment
of the existing conditions. They also propose to install a new landscape buffer
along the residential zoning district boundary to the north. Although the future
land use map in the neighborhood plan suggests that the property should be
used for small and medium scale commercial use, the proposed use is not unlike
the previous uses over the past almost forty-five years.
Public Comments:
None.
Planning Commission Work Session:
None.
Planning Commission Public Hearing:
Randolph Abbot, Roanoke County, stated that he owns the property at 631
Drew Avenue. He is concerned that the proposed change in use will bring down
the value of his property even with the new tree screening.
Ms. Penn asked if we had heard from any other neighbors.
Staff stated that we had not received any other public comments to date.
Ms. Penn asked what the proposed operating hours would be.
Mr. Layman stated that they would be the normal workday.
Kermit Hale, 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
Luke Waldrop, LSW -HMW Family Limited Partnership
Daniel F. Layman, Jr., Attorney At Law
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Plan: (540) 1)53-1730 Fax: (540) 6531230
Date: FeWuary 19, 2016
❑ Rezoning, Not 011henvise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
FEB 2,2 2016
CITY OF ROANOKE
PLANNING BUILDING d
DEVELOPMENT
Submittal Number: Amended Application No. i
❑ Establishment of Comprehensive Sign Overlay District
Ckk HBf91D Print
[8] Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Oveday District
Address: 622 Huntington Boulevard NE Roanoke, VA 24012 I
Official Tax No(s).. 7x801 ox
Existing Base Zoning'. ❑x With Conditions
I -1, Light Industrial Without Conditions
(It muAiple zones, please manually enter all districts.) ❑
Ordinance No(s). for Existing Conditions (If applicable): 36625-021704
❑x With Conditions pm
Requested Zoning'. I -1, Light Industrial Manufaa,,,ng: General
❑ Without Conditions Land Use',
Name. LSW -HMW Family Limited Partnership Plane Number: +1 (540) 389 -0260
A 1463W s Ma' Street, Suite P3, Salem, VA 24153 E-Mail: LS. Luke. Waldrop@Verizoo.net
Orop6rtyro"es% nature:
Name. Phone Number:
Address: E -Mail:
Applicant's Signature:
Names Daniel F. Layman, Jr. Plane Number +1 (5401 491 -931 7
Address. 30 Franklin Road, SW, Suite 555, Roanoke, VA 24011 E- Mail. an@danwymanlaw.com
Authorized Agent's Signature :
F raffic impact analysis.
r Concept plan.
(— Proffered conditions, if applicable.
F Required fee.
'An electronic copy of this application and checklist can be found at wwvmawkeva.govlpbd by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
NARRATIVE ACCOMPANYING THE ZONING AMENDMENT APPLICATION OF
LSW -HMW FAMILY LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 622
HUNTINGTON BLVD, NE, CITY OF ROANOKE OFFICIAL TAX NO. 3280102.
The applicant is requesting that the existing proffered zoning conditions be amended to (i) bring
the list of specifically permitted uses (which were taken from the uses permitted in the LM
zoning district under the former zoning ordinance) into harmony with the I -I district permitted
uses under the current zoning ordinance and (ii) delete the condition prohibiting outdoor storage
on the property and replace it with a condition permitting outdoor storage as an accessory use,
but only with enhanced buffering along the boundary line between this property and the
residentially -zoned lots to the north.
The primary purpose for the amendment is to permit outdoor storage. This change is sought in
order that the site may be rented to General Truck Body ( "G'I'B "). GTB presently conducts its
business at 631 Liberty Road in the City. Its business consists of installing specialized bodies on
truck chassis, mounting snow plows and spreader units on trucks, and adding aftemtarket
accessories such as running boards, lights, hitches and toolboxes. It stores some of these
materials outdoors at its current location, and the ability to have outdoor storage at the
Huntington Blvd site will enable it to use the majority of the space within the building more
efficiently and extensively for its installation and assembly operations.
The existing building has been the site of several different industrial uses since it was originally
constructed in 1970, most recently as the headquarters of an underground storage tank supplier
and installer. The extensive open area to the east of the building has been used for the parking of
delivery and construction vehicles. The ability to use it also for storage of parts and equipment
inventory and of vehicles on which assembly has been completed will greatly enhance its value
and utility.
The effects of this change on the surrounding neighborhood should not be material. While there
are two residences located across Huntington Blvd to the south, they are nonconforming uses in a
CN zone. They will nevertheless be protected by construction of a solid 6 -foot fence where there
currently is no screening at all. The position of the RM -1 zone to the north will actually be
improved as a result of this change in conditions, since a 10 -foot planted buffer zone will be
added where there is currently only minimal "volunteer" vegetation.
rrrrrrrr
The requested change in conditions relates to three policies set forth in the City's comprehensive
plan: retaining existing jobs, redeveloping underutilized industrial sites, and enhancing the
livability of the City's neighborhoods.
GTB has outgrown its current Liberty Road location and must move. It has identified this site as
an attractive location, as well as other sites in Roanoke County and Salem, both of which are
actively soliciting GTB to move. Increasing the flexibility of this site by permitting outdoor
storage will allow GTB, and the jobs it offers, to remain in the City of Roanoke.
This site has not achieved its full potential because of the prohibition against outdoor storage.
The proposed storage area is already graveled and ready for use, and it is vastly more extensive
than the vehicular parking needed for the building. It thus falls far short of its potential value if it
is limited to serving as a parking lot. In addition, the lot lies immediately adjacent to railroad
tracks and to a large Appalachian Power substation which dominates the entire vicinity. It is
hardly suited to any use other than materials storage.
The livability of the adjoining residential area will be considerably improved by the addition of
the enhanced buffer strip that the petitioner is proffering as a condition to the allowance of
outdoor storage. Currently there is no screening other than the minimal natural vegetation that
has sprung up over the years. The 10- foot -wide evergreen planting buffer zone that will run the
entire length of the northern boundary will screen the entire site, both the storage yard and the
industrial building, from the adjoining residences.
METES AND BOUNDS DESCRIPTION OF 622 HUN'fINGTON BLVD, NE, CITY OF
ROANOKE OFFICIAL, TAX NO. 3280102:
Beginning at an iron on the northerly side of Huntington Boulevard, NE, at the westerly
boundary of the property of Appalachian Power Company; thence with the northerly line of
Huntington Boulevard, NE, N. 89 degs. 44' 30" W. 205.23 feet to an iron at the southwest corner
of Tract "A," the property of Whiting Oil Co.; thence N. 4 degs. 41' W. 327.30 feet, along the
easterly lines of Tracts "A" and `B:' to a point on the line of the Northfield Addition; thence
with the line of the Northfield Addition, N. 89 degs. 12' E. 222.62 feet to a point on the line of
the Appalachian Power Company property; thence with said line S. I deg. 37' 20" E. 330.37 feet
to the place of Beginning, and being known as Tract "C" on the survey for C. F. Kefauver,
showing a resubdivision of parts of Lots 20 and 22, and all of Lot 21, Block 9, Huntington Court.
made by T. P. Parker on May 4, 1966, and being a portion of Lot 22, Block 9, Map of
Huntington Court (Plat Book 1, page 306).
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CHANGES IN PROFFERED CONDITIONS PROPOSED BY LSW -HMW FAMILY
LIMITED PARTNERSHIP FOR 622 HUNTINGTON BLVD, NE, CITY OF ROANOKE
OFFICIAL TAX NO. 3280102.
PROFFERED CONDITION TO BE REPEALED:
The applicant hereby requests that ALL of the proffered conditions enacted by Ordinance No.
36625 - 021704 be repealed as they pertain to Official Tax No. 3280102.
PROFFERED CONDITIONS TO BE ADOPTED:
The applicant hereby requests that the following proffered condition be adopted as they pertain
to Official Tar No. 3280102:
(1) The property will be used only for one or more of the following permitted 1 -1 uses (all other
1 -1 uses permitted by the zoning ordinance being prohibited as a result of this condition):
Business service establishment, not otherwise listed
Educational facilities, industrial trade school
Laboratory, dental, medical or optical
Laboratory, testing and research
Office, general or professional
General service establishment, not otherwise listed
Animal hospital or veterinary clinic, no outdoor pens or runs
Studio /multimedia production facility
Bakery, confectionary, or similar food production. retail
Dry cleaning and laundry pickup station
Motor vehicle rental establishment, without inventory on site
Retail sales establishment, not otherwise listed
Commercial printing establishment
Electrical components assembly, wholesale distribution
Internet sales establishment
Welding or machine shop
Workshop
Manufacturing: General, not otherwise listed
Warehouse
Eating establishment
Health and fitness center
Artist studio
Broadcasting studio or station
Outdoor storage as an accessory use only
(2) Evergreen trees at least five (5) feet tall, meeting the requirements of Table 642 -1 in the City
of Roanoke Zoning Ordinance, planted in two (2) offset rows on 8 -foot centers, shall be
established and maintained in a I Mont buffer strip located adjacent to and within 25 feet of the
entire length of any boundary of the property that abuts property in a residential zoning district.
The screening trees will be planted within 60 days after the date on which City Council approves
the requested rezoning. No outdoor storage will be allowed between the I0 -foot buffer strip and
the adjacent residentially zoned district.
�A
IN THE COUNCIL OF THE Cf11' OF ROANOKE, VIRGINIA,
The 17th day of February, 2004.
No. 36625- 021704.
AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 328, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant, and
dispensing with the second reading by title of this ordinance.
WHEREAS, LSW -HMW Family Limited Partnership has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from CN,
Neighborhood Commercial District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on February 17, 2004, after due and timely notice thereof as required by §36.1 -693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the Cigs
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
t. Section 36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 328 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
That tract of land located at 622 Huntington Boulevard, N.E., containing 1.630 acres,
more or less, and designated on Sheet No. 328 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax No. 3280102, be, and is hereby rezoned from CN, Neighborhood
Commercial District, to LM, Light Manufacturing District, subject to the proffers contained
in the Second Amended Petition filed in the Office of the City Clerk on January 22, 2004,
and that Sheet No. 328 of the 1976 Zone Map be changed in this respect. _. _..... _....._
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
A A,,7
City Clerk.
VIRGD41A
IN THE COUNCIL OF THE CITY OF ROANOKE
In re: Rezoning of a Tract of Land ) SECOND
Known m 622 Huntington Blvd, ) AMENDED PETCf1ON
NE, bearing City of Roanoke ) OF LSW -HMW FAMILY
Official Tax No. 3280102, fimn ) LUUM PARTNERSHIP
CN, Neighborhood Commercial )
District, to LM, Light Manu- )
factoring District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) Petitioner LSW -HM W Family Limited partnership is the owner of a tract of land in the City of
Roanoke located on the north side of Huntington Blvd, NE, near its intersection with Plantation Road,
NE, containing approximately 1.63 acres, bearing City of Roanoke Official Tax No. 3280102 and known
as 622 Huntington Blvd, NE. A portion of City Appraisal Map Number 328 showing this parcel is
attached to this petition as Exhibit A.
(2) This lot is presently zoned CN, Neighborhood Commercial District. However, it had been used
for light manufacturing purposes as a legal nonconforming use mail September 2003, when that alma
expired because the building had been vacant for two years.
(3) Pursuant to Smfion 36.1 -690, Code of the City of Roanoke (1979), as amended, petitioner
requests that the above -described parcel be rezoned from CN, Neighborhood Commercial District, to
LM, Light Manufacturing District, subject to the conditions act forth in paragraph (6) below.
(4) Since November 1970, when the existing 14,300 square foot industrial building was constructed
by Progress Printing Company, this lot has been used successively as a printing plant, a film processing
facility, and an industrial equipm mtrepair and parts warehouse. It is located immediately adjacent to
railroad backs and a huge electrical energy substation, and just behind retail commercial properties along
Plantation Rosd, NE.
wa=re ae'sass.vir o-t, saaua.000too,
(5) Petitioner believes the property is not conducive to neighborhood con nercial use because it is
larger than the typical CN uses in the area, does no Gong on a major commercial street (and indeed is
somewhat isolated by topography from customer traffic and the adjoining highway commercial uses), and
lies outside of any majo conroacial district. It is improved with an industrial building, has been used in
that manner for over 30 years, and is so dominated by the adjoining substation that its appeal fo my
other purpose is extremely limited. Petitioner therefore believes that the requested awning change will
affod an opportunity for use of this lot in a manner more consistent with its highest and best use. A site
plan showing Ore configuration of the property and improvements is anached to this petition as Exhibit 13..
(6) Petitioner hereby proffers and agrees that if this property is rezoned as requested, the rezoning
will be subject to, and petitioner will abide by, the following conditions:
(a) The property will be used only for one or more of the following permitted LM uses (all
other 1-M uses permitted by the ordinance being prohibited as a result of this condition):
(i) Trade and vocational schools of an industrial nature.
(ii) Day cart centers with =limited capacity subject to the requirements of
Section 36.1 -510 el seq.
(iii) Laboratories and testing facilities not accessory to a specific use, including
photographic laboratories, industrial testing facilities and similar uses.
(iv) General storage and wsrebousing establishments engaged in the storage of
miscellaneous merchandise not for sale on the same premises.
(v) Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other processes related to the creation of
new products and including as an accessory use the retail sale of goods
manufactured on the premises, where all such manufacturing, assembly,
mixing, processing or other processes related to the creation of new
was aearaawv '. eaas24sea+sor
products, and ratan sales of goods manufactured cat the premises, are
wholly erolosed in the building.
(vi) General service establishments, excluding the repair in maintenance of motor
vehicles and trailers.
(vii) Commercial printing establishments which print newspapers, publications,
and other materials.
(b) There shall be no outdoor storage on the property.
(7) Attached to this petition as Exhibit C is a list of the notes and addresses of the owners of all lots
iosixdiately adjacent to or across a street from the property to be rezoned, together with the Official Tax
Number of each lot.
WHEREFORE, petitioner requests that the parcel hearing City of Roanoke Official Tax No.
3280102 be rezoned from CN to LM, with conditions, in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted by petitioner this rte' _ day of January, 2004.
LSW-HMW F Y Llh D P RSHIP
By�
Gertbral Partner
f114
Daniel F. Layman., Jr. U
Woods Rogers PLC
P. O. Box 14125
Roanoke, VA 24038-4125
(703) 983 -7653
Of Counsel for the Petitioner
aura oarsee.wao.i, wrnssaootoat
ZONING DISTRICT MAP 18QC9
622 Huntington Blvd NE;
Official Tax Parcel: 3280102 3161211
®Area to be Rezoned
Zoning
AD: Annear! Dev
- CG CommerolzFGene ®I
- CLS: CommercoLLarge Site
CN: Commercial-Neighborbood
- D: Desnloxm
- 1 -1: Light Industrial
- 1 -2: Heavy Industrial
-
IN Institutional
® INPUD. Institutional Planned Unit Dee
- IPUD: Industrial Planned Unit Dev
im Mixed Use
OM%PUD: Mixed Use Planned Unit Dev
R -12: Res Single- Family
R -3: Res Single-Family
R -5: Res Singls-Family
R-7: Res Sir"is -r milt'
RA: Res - Agricultural
RM-1: Res Mixed Density
RM-2: Res Mixed Density
µ :,; RMF: Res Multifamily
- ROS: Recreation and Open Space
_ UF'. Urban Flex
Conditional Zoning
N
0 100 200 Feet ws
'szaoao�z_
32694V4
3280405
32x040ir
'1 3280310
32x0409 m
32x0450 0
C 32603 ?2
"j7yl!(y m
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) 6531230
Date: Farivan, 20, 2016
PAW
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
*CEIVED
ROANOKE
JAN 8 b 2016
CITY OF ROANOKE CSdt Here b Pe d
PLANNING BUILDING A
DEVELOPMENT [
Submittal Number:
❑ Establishment of Comprehensive Sign Oveday District
❑
x Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address: 1622 Huntington Boulevard, NE, Roanoke, VA 24012
Official Tax N0(s),'. 32ao102
❑ With Conditions
Existing Base Zoning:
Light Industrial District (14)
(If multiple zones, please manually enter all districts.) ❑ Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): 36625 - 021704
>< With Conditions Proposed
Requested Zoning: Light In dustrial Dmtria (1 -1) ManufaRUring: General
❑ Without Conditions Land Use:
Name LSW -HMW Family Limited Partnership Phone Number. +t (540) 38 &0260
11468 West Main Street, Suite P3, Salem, VA 24153
1211117/
E -Mail; LS.Luke.Waldrop@Verizon.net
Phone Number:
Address: I E- Mail.
Applicant's Signature '.
Name: Daniel F. Layman, Jr. Phone Number: +t (5401491 -9317
Address : 30 Franklin Road, SW, Suite 555, Roanoke, VA 24011 E- Maili an odanlaymanlaw.com
Authorized Agent's Signature:
NARRATIVE ACCOMPANYING THE ZONING AMENDMENT APPLICATION OF
LSW -HMW FAMILY LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 622
HI TNTINGTON BLVD, NE, CITY OF ROANOKE OFFICIAL TAX NO. 3280102.
The applicant is requesting that the existing proffered zoning conditions be amended to (i) bring
the list of specifically permitted uses (which were taken from the uses permitted in the LM
zoning district under the former zoning ordinance) into harmony with the 1 -1 district permitted
uses under the current zoning ordinance and (ii) delete the condition prohibiting outdoor storage
on the property and replace it with a condition permitting outdoor storage as an accessory use,
but only with enhanced buffering along the boundary line between this property and the
residentially -zoned lots to the north.
The primary purpose for the amendment is to permit outdoor storage. This change is sought in
order that the site may be rented to General Truck Body ( "GTB "). GTB presently conducts its
business at 631 Liberty Road in the City. Its business consists of installing specialized bodies on
truck chassis, mounting snow plows and spreader units on trucks, and adding aliermarket
accessories such as running boards, lights, hitches and toolboxes. It stores some of these
materials outdoors at its current location, and the ability to have outdoor storage at the
Huntington Blvd site will enable it to use the majority of the space within the building more
efficiently and extensively for its installation and assembly operations.
The existing building has been the site of several different industrial uses since it was originally
constructed in 1970, most recently as the headquarters of an underground storage tank supplier
and installer. The extensive open area to the east of the building has been used for the parking of
delivery and construction vehicles. The ability to use it also for storage of parts and equipment
inventory and of vehicles on which assembly has been completed will greatly enhance its value
and utility.
The effects of this change on the surrounding neighborhood should not be material. While there
are two residences located across Huntington Blvd to the south, they are nonconforming uses in a
CN zone. They will nevertheless be protected by construction of a solid 6 -foot fence where there
currently is no screening at all. The position of the RM -1 zone to the north will actually be
improved as a result of this change in conditions, since a 10 -foot planted buffer zone will be
added where there is currently only minimal "volunteer" vegetation.
The requested change in conditions relates to three policies set forth in the City's comprehensive
plan: retaining existingjobs, redeveloping underutilized industrial sites, and enhancing the
livability of the City's neighborhoods.
GTB has outgrown its current Liberty Road location and must move. It has identified this site as
an attractive location, as well as other sites in Roanoke County and Salem, both of which are
actively soliciting GTB to move. Increasing the flexibility of this site by permitting outdoor
storage will allow GTB, and the jobs it offers, to remain in the City of Roanoke.
This site has not achieved its full potential because of the prohibition against outdoor storage.
The proposed storage area is already graveled and ready for use, and it is vastly more extensive
than the vehicular parking needed for the building. It thus falls far short of its potential value if it
is limited to serving as a parking lot. In addition, the lot lies immediately adjacent to railroad
trucks and to a large Appalachian Power substation which dominates the entire vicinity. It is
hardly suited to any use other than materials storage.
The livability of the adjoining residential area will be considerably improved by the addition of
the enhanced buffer strip that the petitioner is proffering as a condition to the allowance of
outdoor storage. Currently there is no screening other than the minimal natural vegetation that
has sprung up over the years. The 10 -foot -wide evergreen planting buffer zone that will run the
entire length of the northern boundary will screen the entire site, both the storage yard and the
industrial building, from the adjoining residences.
METES AND BOUNDS DESCRIPTION OF 622 HUNTINGTON BLVD, NE, CITY OF
ROANOKE OFFICIAL TAX NO. 3280102:
Beginning at an iron on the northerly side of Huntington Boulevard, NE, at the westerly
boundary of the property of Appalachian Power Company; thence with the northerly line of
Huntington Boulevard, NE, N. 89 degs. 44' 30" W. 205.23 feet to an iron at the southwest comer
of Tract "A," the property of Whiting Oil Co.; thence N. 4 degs. 41' W. 327.30 feet, along the
easterly lines of Tracts "A" and "B," to a point on the line of the Northfield Addition; thence
with the line of the Northfield Addition, N. 89 degs. 12' E. 222.62 feet to a point on the line of
the Appalachian Power Company property; thence with said line S. 1 deg. 37' 20" E. 330.37 feet
to the place of Beginning, and being known as Tract "C" on the survey for C. F. Kefauver,
showing a resubdivision of parts of Lots 20 and 22, and all of Lot 21, Block 9, Huntington Court,
made by T. P. Parker on May 4, 1966, and being a portion of Lot 22, Block 9, Map of
Huntington Court (Plat Book 1, page 306).
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CHANGES IN PROFFERED CONDITIONS PROPOSED BY LSW -HMW FAMILY
LIMITED PARTNERSHIP FOR 622 HUNTINGTON BLVD, NE, CITY OF ROANOKE
OFFICIAL TAX NO. 3280102.
PROFFERED CONDITION TO BE REPEALED:
The applicant hereby requests that ALL of the proffered conditions enacted by Ordinance No.
36625 - 021704 be repealed as they pertain to Official Tax No. 3280102.
PROFFERED CONDITIONS TO BE ADOPTED:
The applicant hereby requests that the following proffered condition be adopted as they pertain
to Official Tax No. 3280102:
The property will be used only for one or more of the following permitted 1 -1 uses (all other I -1
uses permitted by the zoning ordinance being prohibited as a result of this condition):
Business service establishment, not otherwise listed
Educational facilities, industrial trade school
Laboratory, dental, medical or optical
Laboratory, testing and research
Office, general or professional
General service establishment, not otherwise listed
Animal hospital or veterinary clinic, no outdoor pens or runs
Studio /multimedia production facility
Bakery, confectionary, or similar food production, retail
Dry cleaning and laundry pickup station
Motor vehicle rental establishment, without inventory on site
Retail sales establishment, not otherwise listed
Commercial printing establishment
Electrical components assembly, wholesale distribution
Internet sales establishment
Welding or machine shop
Workshop
Manufacturing: General, not otherwise listed
Warehouse
Eating establishment
Health and fitness center
Artist studio
Broadcasting studio or station
Outdoor storage as an accessory use only; provided that if any goods, items, materials or
merchandise are stored on the property other than in a wholly enclosed building, a planted buffer
strip ten (10) feet in width, containing evergreen trees at least five (S) feet tall, meeting the
requirements of Table 642 -1 in the City of Roanoke Zoning Ordinance, planted in two (2) offset
rows on 8 -foot centers, shall be established and maintained adjacent to any boundary of the
property that abuts property in a residential zoning district.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
rho 17th day of February, 2004.
ao. 36625- 021704.
AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 328, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant; and
dispensing with the second reading by title of this ordinance.
WHEREAS, LSW -HMW Family Limited Partnership has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from CN,
Neighborhood Commercial District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on February 17, 2004, after due and timely notice thereof as required by §36.1 -693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planting Commission, the Cityb
Comprehensive Plan, and the matters presented at the public heating, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
1. Section 36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 328 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
That tract of land located at 622 Huntington Boulevard, N.E, containing 1,630 acres,
more or less, and designated on Sheet No. 328 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax No. 3280102, be, and is hereby rezoned from CN, Neighborhood
Commercial District, to LM, Light Manufacturing District, subject to the proffers contained
in the Second Amended Petition filed in the Office of the City Clerk on January 22, 2004,
and that Sheet No. 328 of the 1976 Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Chatter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
� A4-7 -7f
City clerk.
N!pmYNmfOYAIIJM -MI W I %lmC
UFTCTIN.
IN THE COUNCIL OF THE CITY OF ROANOKE
In re: Remising of a Tract of Lend
) SECOND
Known as 622 Huntington Blvd,
) AMENDED PETITION
NE, boating City of Roanoke
) OF LS W -HMW FAMILY
Official Tax No. 3280102, fimn
) LIMITED PARTNERSHIP
CN, Neighborhood Commercial
)
District, to LM, Light Manu-
)
fachoing District
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) Petitioner LSW -HMW Family Limited Partnership is the owner of a trail of land in the City of
Romoke located can the north side of Huntington Blvd, NE, near its intersection with Plantation Road,
NE, containing approximately 1.63 acres, bearing City of Roanoke Official Tax No. 3280102 and known
as 622 Huntington Blvd, NE. A portion of City Appraisal Map Number 329 showing this parcel is
attached to this petition as Exhibit A.
(2) This lot is presently mood CN, Neighborhood Commercial District. However, it had been used
for light manufacnaing purposes as a legal nonconforming use until September 2003, when that status
expired because the building had been vacant for two years.
(3) Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, petitioner
requests that the above -described parcel be rezoned from CN, Neighborhood Commercial District, to
LM, Light Manufacturing District, subject to the conditions set forth in paragraph (6) below.
(4) Shoe November 1970, when the existing 14,300 square foot industrial building was constructed
by Progress Printing Company, this lot has been used successively as a printing plant, a film processing
facility, and an industrial equipment repair and parts warehouse. It is located immediately adjacent to
railroad tracks and a large electrical energy substation, and just behind retail commercial properties along
Plantation Road, NE.
wvi mww.wro -,. ow»suro,00,
(5) Petitioner believes the property is not conducive to neighborhood commercial use because it is
larger ]hen the typical CN uses in the area, does not front on a major commercial sheet (and indeed is
somewhat isolated by topography from customer traffic and the adjoining highway commercial uses), and
lies outside of any major c irmercial district. It is improved with an industrial building, has been used in
that manner for over 30 years, and is an dominated by the adjoining substation that its appeal for my
other purpose is extremely limited. Petitioner therefore believes that the requested zoning change will
afford an opportunity for use of this lot in a narmer more consistent with is highest and best use. A site
plan showing the configuration of the property and improvements is attached to this petition as Exhibit B..
(6) Petitioner hereby proffers and agrees that if this property is rezoned as requested, the rezoning
will be subject to, end petitioner will abide by, the following conditions:
(a) The property will be used only for one or more of the following permitted LM uses (all
other LM uses permitted by the ordinance being prohibited w a result of this condition):
(i) Trade and vocational schools of an industrial nature.
(ii) Day care centers with unlimited capacity subject to the requirements of
Section 36.1 -510 at seq.
(iii) Laboratories and testing facilities not accessory to a specific use, including
photographic laboratories, industrial testing facilities and similar uses.
(iv) General storage and warehousing establishments engaged in the storage of
miscellaneous merchandise not for sale on the same premises.
(v) Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other processes related to the creation of
new products and including as an accessory use the retail sale of goods
manufactured on the premises, where all such manufacturing, assembly,
mixing, processing or other processes related to the creation of new
WS as,meeMMI, wnsscoor cot
products, and retail sales of goods manufactured an the premises, are
wholly enclosed in the building.
(vi) Cx cral service establishments, excluding the repair or maintenance of motor
vehicles and bailers.
(vii) Commercial printing establishments which print newspapers, publications,
and other materials.
(b) There shall be no outdoor storage on the property.
(7) Attached to this petition as Exhibit C is a list of the names and addresses of the owners of all lots
immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax
Number of each lot.
WHEREF ORE, petitioner requests that the parcel bearing City of Roanoke Official Tax No.
3280102 be rezoned from CN to 1M, with conditions, in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfuhly submitted by petitioner this Z�— day of January, 2004.
ISW -HMW FAMILY LIM D P HIP
By
General Partner
FWA
.10.01
Darnel F. layman, Jr.
Woods Rogers PLC
P. 0. Box 14125
Roanoke, VA 24038.4125
(703) 983 -7653
Of Counscl for the Petitioner
tarsa wane wrest. wssscooroct
ZONING DISTRICT MAP
3181209
A2flo402
3280409
zau3'
622 Huntington Blvd NE;
3181210
3>
3zao31
Official Tax Parcel: 3280102
318'1211
-�_. 404 32B0410 a
- -
3280 a 3280312 ny
®Area to be Rezoned
8
3181212
'3480405
T - -
3280313
Zoning
8
WENTWORTH
,
.1280406
AD: AiMort Dev
AVE
DREW AVE
CG. Commercal- General
3181309
CLS'. Commercia4Large Site
CN: Commercial - Neighborhood
m
_ D: Dewnt"o
3180943
_ 1.1 Light Industrial
S �'.bl
-
- 1 -2'. Heavy Industnal
-
;
IN: Institutional
3181027
3280106
A��
INPUD. Insldmional Piannetl Unit Dev
-IPUD: Industrial Planned Unit Dev
3181026
MX'Mued Use
aY
rr .
O MXPUD: MixeO Use Planned Unit Dev
°' t
N
o m
c
R -12: Res Single - Family
m _
R -3: Rea Single Famiy
R -5: Rea Singb-Famity
y'„ ;• �. -
R- 2. Res Singlo- .ay
HUNTINOTON BLVD
RA: Res- Agncuaural
RM-1. Res Mixed Density
" ..
RM -2: Res Mixed Denaity
II^^
I oo
L'+,,.ar., RMF: Rea MUdi/amiN
- RD$: Recreation arW Open Space
m m
m
- UF: Uds.n Flex
'
v
Conditional Zoning
.::.HOt!LINS
RO.
N
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r
'.
0 w _
-- -
- - �
315010
100 200 Feel
3150102 3,, 1.?�113 - 3150111
p'
s
�
AFFIDAVIT
APPLICANT: LSW -HMW
LOCATION: 622 Huntington Blvd NE
Tax No. 3280102
REQUEST: Request to Amend the Conditions Proffered As Part of a Previous
Rezoning
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE )
The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City
Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first -class mail this z9 i* day of On/._ ALL -Ct/7.L�- . 2016, notices of a
public hearing to be held an this I4+'' day of 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
lam, ✓�
Tina M. Carr
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
I day of Nislch . 2016.
I��
DARRYI- W. CHILDRESS
MO TMV PUBLIC
COMMONWEALTH OF VIRGIMA
FIVAITRATION /7626165
MYMMM15SDN EXPIRES
Tax ID Owner
3181132 lack D Smith
3181133 1T1 Properties LLC
LSV"MW Family Limited
3280102 Partnership
3280103 Appalachian Power Company
3280105 Whiting Oil Company
3280106 K& T Entertainment INC
3280503 Minnie G and Paul W Dickinson
3280504 Randolph P Abbott
3280505 Sltestar Corporation
3280506 Dallas G Jarrell
Address
City
State
21p
623 Huntington Blvd NE
Roanoke
VA
24012
PO Box 21153
Roanoke
VA
24018
1463 W Main St Ste P3
Salem
VA
24153
PO Box 16428
Columbus
OH
43216
PO Box 385
Allentown
PA
18105
217 Minnie Bell Ln
Vinton
VA
24179
5060 Kingsmen Rd
Roanoke
VA
24019
6735 Jasmine Cir
Roanoke
VA
24019
7309 Timberlake Rd
Lynchburg
VA
24502
5661Warwood DrSW
Roanoke
VA
24018
Dale Category Despdp6on Ad 61xe Total Cwt
0L/412016 Mw ipal Notices PUBLIC HEARING NOTICE A6 pd xic hear'vgs advedisad t 1 x 134 L 1292.06
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 PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
0301.03 062016
The First insertion being given... 03101/2016
Newspaper reference: 0000276987
�/1r1/v/1� WW
Billing Representative
sworn to and subscribed before me this Tuesday, March a, 2016
Loa
N o t a Pub it,
^P. ,........Fi
State of Virginia v NOTi1R'79
CitylCounty of Roanoke �ti ply L!C
My Commission expiresI'.SGr%l SS�'W 98•t
rues Is NnT a fall I PLEASE PAY FROM INVOICE. THANK YOU
The Roanoke Times
Accoun[Number
Roanoke, Virginia
6011439
Affidavit of Publication
RECEIVED
°ate
CITY OF ROANOKE -POV
March 06, 2016
Ann Tea M. Derr
MAR 112016
215 CHURCH AVE
ROOM 166
CITY OF ROAN0KE
ROANOKE, VA 240il
PLANMNG BUILDING 6 DEVELOPMENT
Dale Category Despdp6on Ad 61xe Total Cwt
0L/412016 Mw ipal Notices PUBLIC HEARING NOTICE A6 pd xic hear'vgs advedisad t 1 x 134 L 1292.06
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 PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
0301.03 062016
The First insertion being given... 03101/2016
Newspaper reference: 0000276987
�/1r1/v/1� WW
Billing Representative
sworn to and subscribed before me this Tuesday, March a, 2016
Loa
N o t a Pub it,
^P. ,........Fi
State of Virginia v NOTi1R'79
CitylCounty of Roanoke �ti ply L!C
My Commission expiresI'.SGr%l SS�'W 98•t
rues Is NnT a fall I PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
MI public hearings artordsed hereln
MII he held he the City Courcll
Chamber. Worth R.W. Mpod 4S). W
C Taro, Municipal wale" 215
ChWMr Avenue, S.W. Rparwke.
Virpla Ad ap.Incidental are available
Donevkw Wthe %.nogg.B MAL 215
gavelpam Avenue. pH. .W., t64 E25
O'Jol Avenu¢. S.W., PgdnpM.
Wrglr0a
The Clly at pe roi Planning
Cdnmissbe will Wd WMia hearings
on Mdeh 11. MI6. at lap Am, or as
som as the mailers may M heard la
Lponch,thoseagalk.fie :
anaaalM011ts.le.
City Council will held public M1earingt
en the dlpRMid applieallMS de Meet,
y1. 20I6. at 7.0 am. or as an as the
matters may be heard.
Any P*Dn with a diabilly rel NW
arty ipttlal a<Lamrmdeado to attend
of padOlpale In the hearings shouts
'o'a't the Cpy Cloths idol at (SID)
M 2511 at Mast five days prior In the
scheduled hearing,
Steplxnic kl. Moan IfiroNlL ylkfiC
Ciry clerk
(2)6961)
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.
The City of Roanoke Planning Commission will hold public hearings on March 14, 2016, at
1:30 p.m., or as soon as the matters may be heard, to consider these applications:
Application by Habitat for Humanity in the Roanoke Valley, Inc., to rezone the properties at
3435 and 0 Melrose Avenue, N.W., bearing Official Tax Nos. 2660120 and 2660106,
respectively. The application is to rezone the respective properties from (i) CN, Commercial -
Neighborhood District, and (ii) CN, Commercial - Neighborhood District, and R -7, Residential
Single - Family District, respectively, to CG, Commercial - General District, with a condition. The
land use categories permitted in the CG District include accommodations and group living;
commercial; industrial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with no maximum density specified
and a maximum floor area ratio of 5.0. She comprehensive plan designates the properties for
general commercial and single and two Family residential use, but does not specify density. The
proposed uses of the properties are retail sales, office, contractor shop, and outdoor storage_
Application by LSW -HMW Family Limited Partnership to rezone the subject property by
repealing the conditions accepted by City Council as part of a previous rezoning at 622
Huntington Boulevard, N.E., bearing Official Tax No. 3280102, and replacing them with other
conditions. The conditions placed upon the property by the adoption of Ordinance 36625-
021704 on Febmary 17, 2004, proposed for repeal allow only certain uses and do not allow
outdoor storage. The zoning of the property will remain 1 -1, Light Industrial District, permitting
some of the uses in these land use categories: commercial; industrial; assembly and
entertainment; public, institutional and community; transportation; utility; agricultural; and
accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The
comprehensive plan designates the property for small and medium scale commercial use, but
does not specify density. The proposed uses of the property are manufacturing and outdoor
storage.
Application from the City of Roanoke to vacate a portion of right -of -way along the northern
edge of Norfolk Avenue, S.W., approximately 985 feet in length and varying from 3.5 feet to 27
feel in width between 2nd Street, S.W., and Jefferson Street, S.B., and a portion of right -of -way
along Norfolk Avenue, S.E., approximately 445 feet in length and approximately 6.5 feet in
width between Jefferson Street, S.E., and Williamson Road, S.E., with ownership transferred to
Norfolk Southern for the purpose of developing a passenger train platform. The segment of
Norfolk Avenue, S.W., adjacent to Norfolk Southern right -of -way that will be vacated includes
an approximate 0.32 acre area extending from 2nd Street, S.W., to South Jefferson Street. The
segment of Norfolk Avenue, S.E., adjacent to Norfolk Southern right -of -way that will be vacated
includes an approximate 0.07 acre area extending both east and west from the intersection of
Norfolk Avenue, S.E., and Market Street, S.E. The remaining portion of Norfolk Avenue, S.W.,
and Norfolk Avenue, S.E. between 2 °a Street, S.W. and Williamson Road, S.E. will remain a
public street.
Tina M. Cart, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on March 21, 2016, at 7:00
p.m., or as soon as the matters may be heard.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, March 1, 2016, and Tuesday, March 8, 2016.
Please bill and send affidavit of publication to:
Tina M. Can
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- Ctbroanokeva.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
March 7, 2016
Daniel F. Layman, Jr., Attorney
Woods Rogers, PLC
P. O. Box 14125
Roanoke, Virginia 24038 -4125
Dear Mr. Layman:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request to
repeal conditions placed upon property at 622 Huntington Boulevard, N. E., designated as
Official Tax No. 3280102, pursuant to Ordinance No. 36625 - 021704 adopted by Roanoke
City Council on February 17, 2014, and replace with other conditions. (See copy of Public
Hearing Notice attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be heard
by the Roanoke City Council on Monday, March 21 at 7:00 p.m., in the Council Chamber
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.eov,
under "Roanoke Planning Commission News ".
If you have questions regarding the Planning Commission public hearing, please contact
Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon Reynolds, MM
City Clerk
Enclosure
c: LSW -HMW Family Limited Partnership, 1463 West Main Street, Suite P3, Salem,
Virginia 24153
Tina Carr, Secretary, Roanoke Planning Commission
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
..p. .,:
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
SI'¢YIIANIE M. MOON REYNOLDS, MMC
E -nual: ep,1ra*a.nokeva.,.y
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, LAIC
Aseiatant Deputy City Clerk
March 7, 2016
Daniel F. Layman, Jr., Attorney
Woods Rogers, PLC
P. O. Box 14125
Roanoke, Virginia 24038 -4125
Dear Mr. Layman:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request to
repeal conditions placed upon property at 622 Huntington Boulevard, N. E., designated as
Official Tax No. 3280102, pursuant to Ordinance No. 36625 - 021704 adopted by Roanoke
City Council on February 17, 2014, and replace with other conditions. (See copy of Public
Hearing Notice attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be heard
by the Roanoke City Council on Monday, March 21 at 7:00 p.m., in the Council Chamber
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.eov,
under "Roanoke Planning Commission News ".
If you have questions regarding the Planning Commission public hearing, please contact
Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon Reynolds, MM
City Clerk
Enclosure
c: LSW -HMW Family Limited Partnership, 1463 West Main Street, Suite P3, Salem,
Virginia 24153
Tina Carr, Secretary, Roanoke Planning Commission
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
ST EFHANIE M. MOON REYNOLDS, MMC E -mail: elerlaormumlieva.gov
City CE, it
Jack D. Smith
JTJ Properties
Appalachian Power Company
Whiting Oil Company
K & T Entertainment, Inc.
Ladies and Gentlemen:
March 7, 2016
Paul and Minnie Dickinson
Randolph P. Abbott
Sitestar Corporation
Dallas G. Jarrell
CECELIA F. MCCOY
Deputy City Clerk
CECELIAT. WEBB, CMC
Assistant Deputy Cue Clerk
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request to
repeal conditions placed upon property at 622 Huntington Boulevard, N.E., designated as
Official Tax No. 3280102, pursuant to Ordinance No. 36625 - 021704 adopted by Roanoke
City Council on February 17, 2014, and replace with other conditions. (See copy of Public
Hearing Notice attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the
Roanoke City Council on Monday, March 21 at 7:00 p.m. in the Council Chamber,
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.aov,
under "Roanoke Planning Commission News."
This letter is being provided for your information as an interested property owner or
adjoining property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-
1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon R�ey' Ids, MMC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avennc, S.W., Room 456
d Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fns: (540)853 -1145
STEPHANIE M. MOON REVNOLDS, MMC E -mnil: rlerkpllrommkeva.gav CECELIA F. MCCOV
City Clark Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
March 23, 2016
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing a copy of Ordinance No. 40465 - 032116 permanently vacating,
discontinuing and closing an approximately 0.32 acre segment of Norfolk Avenue, S.W.,
extending from 2nd Street, S.W., to South Jefferson Street, approximately 985 feet in
length and varying from 3.5 to 27 feet in width, and an approximately 0.07 acre segment
of Norfolk Avenue, S.E., extending both east and west from the intersection of Norfolk
Avenue, S.E., and Market Street, S.E., approximately 445 feet in length and 6.5 feet in
width.
Ordinance No. 40465 - 032116 further ordains that if conditions as set forth in the
ordinance have not been met within a period of one year from the date of the adoption
of this ordinance, then such ordinance shall be null and void with no further action by
City Council being necessary.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Christopher P. Morrill
March 23, 2016
Page 2
PC: Steven Bray, Property Agent, Norfolk Southern Corporation, Three Commercial
Place, Norfolk, Virginia 23510
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Steven J. Talevi, Assistant City Attorney
Chris Chittum, Director of Planning, Building & Development
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Priscilla Cygielnik, Civil Engineer II
Tina Carr, Secretary, Roanoke Planning Commission
n�
IN TI IIf COUNCIL OF "III6 CITY OP ROANOKIk, VIRGINIA
The 21st day of March, 2016.
No. 40465- 032116.
AN ORDINANCE permanently vacating, discontinuing and closing two (2) segments of
public right -of -way along the northern edge of Norfolk Avenue, S.W., and Norfolk Avenue,
SP.., as more particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
WHEREAS, the City of Roanoke filed an application with the Council of the City of
Roanoke. Virginia ( "City Council'), in accordance with law, requesting City Council to
permanently vacate, discontinue and close a portion of a certain public right -of -way described
hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by Section 30 -14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on March 21,
2016, after due and timely notice thereof as required by Section 30 -14, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest mud citizens were afforded
an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right -of -way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from perimmently vacating, discontinuing and closing
such public right -of -way.
Vaam Not Uk Ave -aal way plaff0ma doe
1
TI l I!R It FOR I1, Bi; I'I- ORDAINII) by the Council of the City of Roanoke, Virginia, that
the public right -of-way situate in the City of Roanoke, Virginia, and more particularly described
us follows:
An approximately 0.32 acre segment of Norfolk Avenue. S.W., extending front 20° Street,
S.W., to South .Icfferson Street, approximately 985 feet in length and varying from 3.5 to
27 feet in width, and an approximately 0.07 acre segment of Norfolk Avenue, S.F,.,
extending both cast and west from the intersection of Norfolk Avenue, S.E., and Market
Street, SE., approximately 445 feet in length and 6.5 feet in width.
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed portion of the right -of -way, reserving however, to the City of
Roanoke and any utility company or public authority, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas, telephone service, or
stoimwatcr, an casement for sanitary sewer and water mains, television cable, electric wires, gas
lines, telephone lines, storuwater facilities, and related facilities that may now be located in or
across such public right- of-way, together with the right of ingress and egress for the maintenance
or replacement of such lines, mains or utilities, such right to include the tight to remove, without
the payment of compensation or damages of any kind to the owner, any landscaping, fences,
shrubbery, structure or any other encroachments on or over the easement which impede access
for maintenance or replacement purposes at the time such work is undertaken; such easement or
easements to terminate upon the later abandonment of use or pentranent removal from the above -
described public right -of -way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that the City shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
Vacate Norfolk Ave - railway pleffonn.aoe
dispose of the land within the right -of -way to be vacated in a manner consistent with law, and
retaining appropriate casements, together with the light of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
right -ol -way.
BE IT FURTHER ORDAINED that the City shall, upon meeting all other conditions to
the granting of the application, deliver to the Clark of the Circuit Court of the City of Roanoke,
Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such
Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and
in the name of Norfolk Southern Railway Company, and the names of any other parties in
interest who may so request, as Grantees, and pay such fees and charges as are required by the
Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the City shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt or such other document acceptable to the City Engineer
for the City of Roanoke, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of one year from the date of the adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
(AA4 ATTEST:
City Clerk V1
Veoere NorFolk Avlmilwey pimranndoc 3
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: A request from the City of Roanoke to vacate two segments of
right -of -way along the northern edge of Norfolk Avenue, S.W., and
Norfolk Avenue, S.E.
Recommendation
The Planning Commission held a public hearing on Monday March 14, 2016. By
a vote of 5 -0 the Commission recommended approval of the vacation of right -
of -way, finding the Amended Application No.] is consistent with the City's
Comprehensive Plan as it supports the development of passenger rail service.
Vacation should be subject to the following conditions:
1. The City shall submit a subdivision plat to the Agent for the Planning
Commission, receive all required approvals of, and record the plat with
the Clerk of the Circuit Court for the City of Roanoke. Such plat shall
retain appropriate easements for the installation and maintenance of any
and all existing utilities that may be located within the right -of -way,
including the right of ingress and egress.
2. Upon meeting all conditions to the granting of the application, the City
shall deliver a certified copy of this ordinance for recordation to the Clerk
of the Circuit Court of Roanoke, Virginia, indexing the same in the name
of the City of Roanoke, Virginia, as Grantor, and in the name of Norfolk
Southern Railway Company, and the names of any other parties in
interest who may so request, as Grantees. The City shall pay such fees
and charges as are required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the City shall file with the
Engineer for the City of Roanoke, Virginia, the Clerk's receipt or other
document acceptable to the Engineer for the City of Roanoke,
demonstrating that such recordation has occurred.
4. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
Application Information
Re uest:
Vacation of ROW along
Norfolk Ave.
Adjoining
Owner /a licant
City of Roanoke and Norfolk Southern
Cit Staff
Person:
Wayne Leftwich
Site Address /Location:
Portions of Norfolk Ave between 2 "d Street SW and
Williamson Road SE
Official Tax Nos. of
adjoining properties:
9999999 (Norfolk Southern)
Site Area:
Two segments totaling approximately 0.4 acres
Existing Zoning:
D, Downtown District
Existing Land Use:
Edge of street, sidewalk planting strip, & Rail Walk.
Proposed Land Use:
Passenger train platform and retaining wall.
Neighborhood Plan:
Outlook Roanoke
Specified Future Land
Use:
Mixed Use
Filing Date:
Application submitted June 29, 2015, finalized with
revised plat on January 25, 2016
Background
The Virginia Department of Rail and Public Transportation (DRPT) had entered
into an agreement with Norfolk Southern Railway Company (NSR) to support
new passenger service between Lynchburg, Virginia and Roanoke, Virginia. The
Intercity Passenger Service will be initially operated by Amtrak under agreement
with the DRPT, and will operate on NSR trackage through an amendment to the
Off - Corridor Operating Agreement between NSR and Amtrak. NSR will design
and construct the infrastructure improvements necessary to support this
Intercity Passenger Service.
The City of Roanoke is working with Norfolk Southern to vacate a portion of the
Norfolk Avenue right of way (ROW). The ROW will be used to support the new
passenger station track adjacent to existing NSR mainline track in downtown
Roanoke and provide space for the adjacent high level passenger platform.
The segment of Norfolk Avenue, S.W., adjacent to Norfolk Southern right -of -way
that will be vacated includes an approximate 0.32 acre area extending from 2nd
Street, S.W., to South Jefferson Street that is approximately 985 feet in length
and varying from 3.5 feet to 27 feet in width. This portion of ROW will be used
for the platform that will be approximately 850' in length in order to
accommodate a one locomotive and nine passenger car train length. The
platform will be 14 -feet wide from the east end to the overhead MILK pedestrian
bridge. The platform will be 12 -feet wide for the remaining length of platform
to the west side of the MILK Bridge. Due to site restrictions, the platform will
encompass the existing MLK Bridge Pier. Due to track geometry constrains, only
a minimum 3' -1" of platform will exist between the track and the north side
bridge pier. Therefore, 10 -feet of platform will exist behind the bridge pier for
pedestrians to safely traverse the entire length of platform. The proposed
platform will contain a canopy to cover 2/3 of the platform length.
The segment of Norfolk Avenue, S.E., adjacent to Norfolk Southern right -of -way
that will be vacated includes an approximate 0.07 acre area extending both
east and west from the intersection of Norfolk Avenue, S.E., and Market Street,
S.E., that is approximately 445 feet in length and approximately 6.5 feet in
width. This portion will be used for a retaining wall to support the additional
passenger station track.
Considerations
The platform will impact the existing two -way Norfolk Avenue roadway between
Jefferson St. and the overhead MLK pedestrian bridge. Therefore, Norfolk Ave.
will be modified into a one -way, eastbound roadway for the length extending
from 1" Street S.W. (MLK Pedestrian Bridge), to Jefferson Street S.E. The
platform will also impact the existing Rail Walk and the City Engineering
division will work closely with the Parks and Recreation department to relocate
the items along this walk as necessary.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Vision 2001 -2020 encourages a transportation system that is an integrated,
multi -modal network and specifically supports pursuing passenger rail service.
Outlook Roanoke, the current Downtown Plan, discusses the potential for
passenger rail service as well. This vacation will help further the goals of Vision
2001 -2020 and Outlook Roanoke.
Zoning District
Land Use
North
D, Downtown District
Railway
South
D, Downtown District
Office, Commercial,
Services, Residential,
Parking, Mixed
East
D, Downtown District
Office, Commercial,
Services, Residential,
Parking, Mixed
West
D, Downtown District
Office, Commercial,
Services, Residential
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Vision 2001 -2020 encourages a transportation system that is an integrated,
multi -modal network and specifically supports pursuing passenger rail service.
Outlook Roanoke, the current Downtown Plan, discusses the potential for
passenger rail service as well. This vacation will help further the goals of Vision
2001 -2020 and Outlook Roanoke.
Public Utilities
The Western Virginia Water Authority (WVWA), Roanoke Gas, Appalachian Power
and Verizon do not oppose the proposed closure. Appalachian Power currently
has a street light along this corridor that they must continue to maintain.
Verizon has a manhole in the intersection of S. Jefferson and Norfolk. From this
manhole, they have a bank of 6 ducts going underneath the NS tracks across to
Shenandoah Avenue, N.W. They do not feel there is any conflict but wanted the
planners of the project to be aware of their facilities in the area.
City Department Comments
The Economic Development Department supports the approval of this
application. The requested change will allow the construction of a platform for
passengers using the Amtrak trains that will be loading and unloading at this
location in the future. Passenger rail service will be beneficial to the economic
development of Roanoke.
Planning Commission Work Session
The Rail Walk was discussed, and the Engineering division discussed that they
would work with the Parks and Recreation department to have items relocated
as necessary.
Public Comments
Mr. N.J. Kilby, 129 Norfolk Ave. SW, e- mailed questions regarding vehicular
access behind Warehouse Row, the future of the existing chain link fence, and
the location of the platform. Staff responded with answers and Mr. Kilby
attended the Planning Commission hearing.
Mr. Jim Leonard, 127 Norfolk Ave. SW, came to meet with staff prior to the
Planning Commission hearing with questions regarding the width of the ROW
vacation behind his business in relation to the existing chain link fence. Jim
Leonard attended the Planning Commission hearing.
Planning Commission Public Hearing
Mr. Robin Leonard asked if there would continue to be ingress and egress
behind Warehouse Row.
Mr. Dan Layman, representing Mr. Lampros, asked about the width and
direction of Norfolk Avenue between 1 s' Avenue and Jefferson following the
vacation.
Mr. NJ. Kilby thanked staff for submitting information via e-mail but still had
some concerns on the affect to property values.
The City Engineering staff discussed that access behind Warehouse Row will
remain open, except during a period of time during construction, and the wall
of the platform will replace the existing chain link fence. The section of Norfolk
Avenue between 1" and Jefferson will be 12 feet wide and will be changed to
one -way eastbound.
Kermit Hale, 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
Priscilla Cygielnik, Civil Engineer II
Phil Schirmer, City Engineer
March 10, 2016
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure
for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke
(1979), as amended, I am attaching a copy of an Amended Application for Street or
Alley Vacation received in the City Clerk's Office on March 10, 2016, from the City of
Roanoke requesting that a portion of right of way along the northern edge of Norfolk
Avenue, beginning at 2nd Street, S. W. and continuing easterly to approximately 200 feet
east of Market Street, S. E.
Sincerely,
Stephanie M. Moon \l2i?,ynold ,MMC
City Clerk
Enclosure
PC: The Honorable Mayor and Members of the Roanoke City Council
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
RECEIVED
MAR 10 W13
CITY OF ROANOKE
PLANNING BUILDING &
DEVELOPMENT
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
275 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 8532541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: elerkCaroanokeva.gov
CECELIA F. MCCOY
City Clerk
'
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
March 10, 2016
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure
for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke
(1979), as amended, I am attaching a copy of an Amended Application for Street or
Alley Vacation received in the City Clerk's Office on March 10, 2016, from the City of
Roanoke requesting that a portion of right of way along the northern edge of Norfolk
Avenue, beginning at 2nd Street, S. W. and continuing easterly to approximately 200 feet
east of Market Street, S. E.
Sincerely,
Stephanie M. Moon \l2i?,ynold ,MMC
City Clerk
Enclosure
PC: The Honorable Mayor and Members of the Roanoke City Council
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
RECEIVED
MAR 10 W13
CITY OF ROANOKE
PLANNING BUILDING &
DEVELOPMENT
Lli'r
APPLICATION
.ill►
STREET OR ALLEY VACATION
ROANOKE
Date: March 6, 2016
To Office of the City Clerk ❑ Original Application
Fourth Floor, Noel C. Taylor Municipal Building N Amended Application
215 Church Avenue, S.W. No 1
Roanoke, VA 24011
Phone: (540) 853 -2541 Fax: (540) 853 -1145
All submittals must be typed and include all required documentation and a check for the filing fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed:
A scroll of right of way along the northern edge of Norfolk Avenue, beginning at 2nd Street, S.W. and
east of Market Street, S.E.
200'
Proposed use of vacated street or alley:
The vacated portion of right of way will allow the construction of a platform between Jefferson Street and 2nd Street and a retaining wall near
Market Street for the purpose of bringing Amtrak rail service which is slated to begin in 2017.
Name of Applicant/ContactPerson: city of Roanoke
Mailing Address 215 church Avenue, SW Room 364
Telephone: ( ) 549653 -2331 Fax: ( ) E -mail:
Applicants) signature( : V/z k
AFFIDAVIT
APPLICANT: City of Roanoke
LOCATION: Please see below
REQUEST: To vacate a portion of right -of -way along the northern edge of Norfolk
Ave SW, between 2ntl Street SW„ Jefferson Street SE and a portion of
right -of -way along Norfolk Ave SE., between Jefferson Street SE and
Williamson Rd SE., with ownership transferred to Norfolk Southern for
the purpose of developing a passenger train platform.
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE )
The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City
Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail this lq4 day of /��'� t �t . 2016, notices of a
public hearing to be held on this I -I * day of /Yl.li/ iI . 2016, on the
request captioned above to the owner or agent of th %parcels as set out on the attached.
c-Yl 6 h/li
Tina M. Carr
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
I day of M6. c4 .2016.
OARRYL W. CHILORESS
NOTPRV PORLIC
CO MOMONWFN.0106165 A
L MMISSION EXPIRES
Tax ID
Owner
Address
City
State
Zip
— 1010301
CPR Enterprises LLC
1349 Deer Creek Or
Bedford
VA
24523
1010302,
Michael C Guntlow
133 Norfolk Ave
Roanoke
VA
24011
1010324
SW
1010303
Nelson J Kilby III
PO Box 222
Roanoke
VA
24002
1010304
Vicki H and lames D Leonard
1935 Hope Rd SW
Roanoke
VA
24038
1010305
Betty Branch Sculpture Studio and Gallery
PO Box 1122
Roanoke
VA
24006
7 1010306,
City of Roanoke
PO Box 1451
Roanoke
VA
24007
1010307,
1010310,
1010311,
4010118,
4010121
1010308
113 Norfolk Avenue LLC
PO Box 2476
Roanoke
VA
24010
1010309
M T Holding Company LLC
102 N Mitchell Rd
Vinton
VA
24179
1010321,
CPR Enterprises LLC
1349 Deer Creek Dr
Bedford
VA
24523
1010322,10
10323
1010502
Merchants Parking Company INC
4405 -8 Starkey Rd
Roanoke
VA
24018
1010503,
John N Lampros
1902 Cantle Ln SW
Roanoke
VA
24018
1010506
1010507
T Properties
IJefferson St SW
Roanoke
VA
24011
4010117
Faison Roanoke Office Limited Partne
PO Box 34472
Washington
DC
20043
4010205
The Taubman Museum of Art
110 Salem Ave SE
Roanoke
VA
24011
Dale
The Roanoke Times
Recount Number
Maze
Roanoke, Virginia
6011439
Mtrtlipl Norks
Affidavit of Publication
1x1361
1292.08
RECEIVED
°eta
Gf1Y OF ROPNONE -PDy
�
March Oe, 2016
AM Tire M. Carr
MAR 112016
215 CHURCH AVE
ROOM 166
CITY OF ROANOKE
ROANOKE, VA 24011
PLANNING BUILDING 8 DEVELOPMENT
Dale
Category
Daaaiplon
Maze
Total COST
=14101IS
Mtrtlipl Norks
PUBLIC HEMING NOTICE N public Mama -ads 1l ho
1x1361
1292.08
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published to said newspapers on the
following dates:
03101030 &2016
The First insertion being given... 03/012016
Newspaper reference: 0000276987
Billing Representative
Sworn to and subscribed before ms this Tuesday, March S, 2016
/ L ONotar&bl c
Fi
State of Virginia NOT,i( >�%
CItylCOUnty of Roanoke /� P u 'S1
My Commission expires I"G
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aMwtCOOrttera,
PUBLIC HEARING NOTICE
All puWl[ hearing,; aCRrtiRll owned. And varyllg Imm 15 het 10 211
will ow had en The City CwmCll W. helween out R.I. sm
Chamber, foudh flow. Boom 4501 Noel 2eNeraeo Slreel sf, am A port
C. Taylor wei[ial &1WLIg. 215 ri9hoo4way Amg Norfolk As
Chafe Aymue. S.W. Reamkc. S.E. apwoalmzlely 445 feet In 1
v rstela. AB apiAcaNpu are aweaEk atl dpwwimaleb fib feel in
for reNew in the Turning. Buddhig and owtweon Ie11er50o Street, S.E,
0e.NOINmnt .Howe. R. ICS. 215 Williamwn Rwd, S.A. with own,
Church Aeenua. S.W, Bowwke, transferred b Neridk Southern ll
Wminla. purel..1 Mvebpinp A pap
train phN.trn The Mora laµ
TM City of Rwwke Panning, Avewe, S.W, adjecmt to W
Cora lssion will fold plldk owadtms Soutowm Hilmar., feet wll
on mono la, 2016. at I: W Rrn, AT As vxated Irolu@s an appm4wle
swn As tow matters may 0e he,rd. on .. area uande, Imm 2nd S
[Tooter lhes. applieatars: S.W.. to South fee. Sirrct.
Imm
Plant,
City CounCil will held Puhlk hearings
00 tae f."yak appliedlknr an Merril 21. 2014 at 7.0 em, or m town u the
mattersmayheledrd
Any person with d dT Nbihly renouNnp
any special ao,omnWalloo W .,ea,
or participate in the owarlms should
correct the City Clerk's office at (,a)
M-25,11 at least Be 1140 prior to the
scowduled head,,
sfepluNe ks. moon Reywlds, hums,
City Clerk
11169821
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.
The City of Roanoke Planning Commission will hold public hearings on March 14, 2016, at
1:30 p.m., or as soon as the matters may be heard, to consider these applications:
Application by Habitat for Humanity in the Roanoke Valley, Inc., to rezone the properties at
3435 and 0 Melrose Avenue, N.W., bearing Official Tax Nos. 2660120 and 2660106,
respectively. The application is to rezone the respective properties from (t) CN, Commercial -
Neighborhood District, and (ii) CN, Commercial - Neighborhood District, and R -7, Residential
Single - Family District, respectively, to CG, Commercial - General District, with a condition. The
Ind use categories permitted in the CG District include accommodations and group living;
commercial; industrial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with no maximum density specified
and a maximum floor area ratio of 5.0. The comprehensive plan designates the properties for
general commercial and single and two family residential use, but does not specify density. The
proposed uses of the properties are retail sales, office, contractor shop, and outdoor storage.
Application by LSW -HMW Family Limited Partnership to rezone the subject property by
repealing the conditions accepted by City Council as part of a previous rezoning at 622
Huntington Boulevard, N.E., bearing Official Tax No. 3280102, and replacing them with other
conditions. The conditions placed upon the property by the adoption of Ordinance 36625-
021704 on February 17, 2004, proposed for repeal allow only certain uses and do not allow
outdoor storage. The zoning of the property will remain I -1, Light Industrial District, permitting
some of the uses in these land use categories: commercial; industrial; assembly and
entertainment public, institutional and community; transportation; utility; agricultural; and
accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The
comprehensive plan designates the property for small and medium scale commercial use, but
does not specify density. The proposed uses of the property are manufacturing and outdoor
storage.
Application from the City of Roanoke to vacate a portion of right -of -way along the northern
edge of Norfolk Avenue, S.W., approximately 985 feet in length and varying from 3.5 feet to 27
feet in width between 2nd Street, S.W., and Jefferson Street, S.E., and a portion of right -of -way
along Norfolk Avenue, S.E., approximately 445 feet in length and approximately 6.5 feet in
width between Jefferson Street, S.E., and Williamson Road, S.E., with ownership transferred to
Norfolk Southern for the purpose of developing a passenger train platform. The segment of
Norfolk Avenue, S.W., adjacent to Norfolk Southern right -of -way that will be vacated includes
an approximate 0.32 acre area extending from 2nd Street, S.W., to South Jefferson Street. The
segment of Norfolk Avenue, S.E., adjacent to Norfolk Southern right -of -way that will be vacated
includes an approximate 0.07 acre area extending both east and west from the intersection of
Norfolk Avenue, S.E., and Market Street, S.E. The remaining portion of Norfolk Avenue, S.W.,
and Norfolk Avenue, S.E. between 2nd Street, S.W. and Williamson Road, S.E. will remain a
public street.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on March 21, 2016, at 7:00
P.m., or as soon as the matters may be heard.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, March 1, 2016, and Tuesday, March 8, 2016.
Please bill and send affidavit of publication to:
Tina M. Carr
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 rcroanokeva.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 Avenue, S. W., Room 456
Ronooke, Virginia 24011 -1536
Td,bona: (540) 853 -2541
F..: (540)853 -1145
S'1'EPIIANIE M. MOON REYNOLDS, MM(. E -nmil: vlerk(nlrennakevn.gav CECELIA F. MCCOV
City ('ICrk Deynty City Clerk
CECELIA T. WEBB, CMC
A,,ismnt D,,rty City Clerk
March 10, 2016
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure
for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke
(1979), as amended, I am attaching a copy of an Amended Application for Street or
Alley Vacation received in the City Clerk's Office on March 10, 2016, from the City of
Roanoke requesting that a portion of right of way along the northern edge of Norfolk
Avenue, beginning at 2nd Street, S. W. and continuing easterly to approximately 200 feet
east of Market Street, S. E.
Sincerely,
� M-
Stephanie M. Moon ynold , MMC
City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
March 7, 2016
CPR Enterprises, LLC
Michael C. Guntlow
Nelson J. Kilby, III
James and Vicki Leonard
John N. Lampros
Faison Roanoke Office Limited Partnership
Ladies and Gentlemen:
CECELIA F. MCCOY
Depnty City Clerk
CECELIA T. WEBB, CMC
Assionnl Depoty City Clerk
113 Norfolk Avenue, LLC
M. T. Holding Company, LLC
Merchants Parking Company, Inc.
T. W. Properties
The Taubman Museum of Art
Betty Branch Sculpture Studio and Gallery
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request from
the City of Roanoke to vacate a portion of right -of -way along the northern edge of Norfolk
Avenue, S. W., between 2 r Street, S. W., and S. Jefferson Street, and a portion of right -of-
way along Norfolk Avenue, S. E., between S. Jefferson Street and Williamson Road, S. E.,
with ownership transferred to Norfolk Southern for development of a passenger train
platform. (See Notice of a Public Hearing attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the
Roanoke City Council on Monday, March 21 at 7:00 p.m. in the Council Chamber,
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov,
under "Roanoke Planning Commission News'.
This letter is provided for your information as an interested property owner or adjoining
property owner. If you have questions regarding the Planning Commission public hearing,
please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely, n
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
-y
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fix: (540) 853 -1145
S EPIIANIE M. MOON REYNOLDS, MMC
E -mail clerkoroanokeva,ov
City Clerk
March 7, 2016
CPR Enterprises, LLC
Michael C. Guntlow
Nelson J. Kilby, III
James and Vicki Leonard
John N. Lampros
Faison Roanoke Office Limited Partnership
Ladies and Gentlemen:
CECELIA F. MCCOY
Depnty City Clerk
CECELIA T. WEBB, CMC
Assionnl Depoty City Clerk
113 Norfolk Avenue, LLC
M. T. Holding Company, LLC
Merchants Parking Company, Inc.
T. W. Properties
The Taubman Museum of Art
Betty Branch Sculpture Studio and Gallery
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, March 14, 2016 at 1:30 p.m., in the Council Chamber regarding a request from
the City of Roanoke to vacate a portion of right -of -way along the northern edge of Norfolk
Avenue, S. W., between 2 r Street, S. W., and S. Jefferson Street, and a portion of right -of-
way along Norfolk Avenue, S. E., between S. Jefferson Street and Williamson Road, S. E.,
with ownership transferred to Norfolk Southern for development of a passenger train
platform. (See Notice of a Public Hearing attached).
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled before the
Roanoke City Council on Monday, March 21 at 7:00 p.m. in the Council Chamber,
depending upon formal action taken by the City Planning Commission. Action taken by the
City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov,
under "Roanoke Planning Commission News'.
This letter is provided for your information as an interested property owner or adjoining
property owner. If you have questions regarding the Planning Commission public hearing,
please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely, n
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Teleplmnc (540) 853 -2541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk(nrmamkeva.gov
Cily Clerk
June 30, 2015
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
C'ECELIA T. WEBB, C'MC'
Acting Depn4' Cip Clerk
Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30 -14 -
Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of
Roanoke (1979), as amended, I am attaching copy of an Original Application for Street
or Alley Vacation received in the City Clerk's Office on June 29, 2015, from the City of
Roanoke and Norfolk Southern, Inc., requesting that a portion of Norfolk Avenue, S. W.,
between Jefferson and 15( Streets, S. W., be permanently vacated, discontinued and
closed.
Sincerely,
S�n.
- Moon ynol MMC
City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Keith Farmer, Director
Straight Street Roanoke Valley, Inc.
P. O. Box 11411
Roanoke, Virginia 24022
Dear Mr. Farmer:
I am enclosing a copy of Ordinance No. 40466 - 032116 authorizing the proper City
officials to execute a contract for the sale of real property with Straight Street Roanoke
Valley, Inc., and the necessary documents to sell to Straight Street Roanoke Valley,
Inc., two parcels of real estate, together with buildings and improvements thereon, being
more particularly described as a parcel of real property, together with buildings and
improvements thereon, situated at 108 Coyner Springs Road, Botetourt County,
Virginia, containing 6.928 acres of land, more or less, designated as Official Tax Map
No. 108(9)16 (Parcel 1B); and a parcel of real estate together with buildings and
improvements thereon, situated at Coyner Springs Road, Botetourt County, Virginia,
containing 23.48 acres of land, more or less, and bearing Official Tax Map No. 108(9)1A
(Parcel 1A), upon certain terms and conditions as set forth in a proposed contract, for a
purchase price of $10.00 to the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon ynolds, MMC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 CI... rd, Avenue, & W., Room 456
Roanoke, Virginia 24011 -1536
TelepLmte: (540)853 -2541
Fax; (5411)853 -1145
S "rEPHANIE M. MOON REYNOLDS, MMC
E-, all: derk(6n,annkuv ,—
CECELIA F. MCCOV
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
March 23, 2016
Assistant Deputy City Clerk
Keith Farmer, Director
Straight Street Roanoke Valley, Inc.
P. O. Box 11411
Roanoke, Virginia 24022
Dear Mr. Farmer:
I am enclosing a copy of Ordinance No. 40466 - 032116 authorizing the proper City
officials to execute a contract for the sale of real property with Straight Street Roanoke
Valley, Inc., and the necessary documents to sell to Straight Street Roanoke Valley,
Inc., two parcels of real estate, together with buildings and improvements thereon, being
more particularly described as a parcel of real property, together with buildings and
improvements thereon, situated at 108 Coyner Springs Road, Botetourt County,
Virginia, containing 6.928 acres of land, more or less, designated as Official Tax Map
No. 108(9)16 (Parcel 1B); and a parcel of real estate together with buildings and
improvements thereon, situated at Coyner Springs Road, Botetourt County, Virginia,
containing 23.48 acres of land, more or less, and bearing Official Tax Map No. 108(9)1A
(Parcel 1A), upon certain terms and conditions as set forth in a proposed contract, for a
purchase price of $10.00 to the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 21, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon ynolds, MMC
City Clerk
Enclosure
Keith Farmer, Director
Straight Street Roanoke Valley, Inc.
March 23, 2016
Page 2
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
Chris Chittum, Director of Planning, Building & Development
Ian D. Shaw, Planning Commission Agent
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
Tina Carr, Secretary, Roanoke Planning Commission
0Pjk'
k
IN THE COUNCIL OF Tlil? CITY OF ROANOKE, VIRGINIA
The 21st day of March, 2016.
No. 40466- 032116.
AN ORDINANCE authorizing the proper City officials to execute a contract for the sale
of real property with Straight Street Roanoke Valley, Inc., and the necessary documents to sell to
Straight Street Roanoke Valley, Inc., two (2) parcels of real estate, together with buildings and
improvements thereon, being more particularly described as (i) a parcel of real property, together
with buildings and improvements thereon, situated at 108 Coyner Springs Road, Botetourt
County, Virginia, containing 6.928 acres of land, more or less, and bearing Official Tax Map No.
108(9)1B (Parcel 1B), and (ii) a parcel of real estate together with buildings and improvements
thereon, situated at Coyner Springs Road, Botetourt County, Virginia, containing 23.48 aces of
land, more or less, acid hearing Official fax Map No. 108(9)IA (Parcel IA), upon certain terms
and conditions set forth in a proposed contract; authorizing the City Manager to execute such
further documents and take such further action as may be necessary to accomplish the above
matter s; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
WHEREAS, the City and Straight Street Roanoke Valley, Inc., a Virginia corporation,
have negotiated the terms and conditions under which of the City proposes to sell, and Straight
Street Roanoke Valley, Inc., proposes to purchase, Parcel I and Parcel IA, all as set forth in a
Contract for Purchase and Sale of Real Property, with a draft date of March 7, 2016 (Contract),
a copy of which Contract is attached to the City Council Agenda Report dated March 21, 2016;
WHEREAS, City Council, after proper advertisement, held a public hearing on this
matter on March 21, 2016, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia
(1950), as amended, at which public hearing all parties, persons, and interested entities were
afforded the oppoitunity to be heard on the above matters; and
WI1FREAS, alter closing of the public hearing, City Council believes the sale of Parcel
I and Parcel I in accordance with the terms of the contract will benefit the City and its
citizens.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terns of the Contract as set forth in the City
Council Agenda Report dated March 21, 2016, under which such Contract the City will sell, and
Straight Street Roanoke Valley, Inc., will purchase, Parcel 1B and Parcel IA. City Council
further finds that the sale of Parcel 1B and Parcel IA as set forth in such City Council Agenda
Report will be of economic benefit to the City and its citizens.
2. The City Manager is hereby authorized on behalf of the City to execute, deliver,
and perform Tire Contract to sell Parcel 1 B and Parcel IA to Straight Street Roanoke Valley, Inc.,
all upon certain terms and conditions as set forth in the Contract attached to the City Council
Agenda Report dated March 21, 2016. Such Contract is to be substantially similar to the one
attached to the City Council Agenda Report dated March 21, 2016, and in a form approved by
the City Attorney. The purchase price to be paid to the City is $10.00, together with the
performance of certain conditions and obligations by Straight Street Roanoke Valley, Inc.
3. The City Manager is further authorized to negotiate, execute, deliver, perform,
and implement such further documents and agreements and to take such further actions as may
be necessary to implement, administer, and enforce the Contract, and to negotiate, execute,
deliver, perform, and implement any other agreements or documents related to this matter, which
include, but which are not limited to, a Special Warranty Deed conveying Parcel I B and Parcel
IA to Straight Street Roanoke Valley, Inc.
4. The form of all such documents are to be approved as to form by the City
Attorney.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
6. This Ordinance is effective as of the date of its passage.
ATTEST:
�mCity 01eirk �� (1
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 21, 2016
Subject: Sale of City -Owned Property Located in Coyner Springs Area of
Botetourt County, bearing Parcel ID Nos. 108(9)1B and 108(9)1A
Background:
Straight Street Roanoke Valley, Inc. (Buyer) has expressed interest in acquiring
two City -owned properties located in the Coyner Springs area of Botetourt
County, a 6.92 acre parcel (Parcel ID No. 108(9)1 B) which contains the former
Crisis Intervention Center and an adjacent 23.48 acre parcel site (Parcel ID No.
108(9)1A) which is currently vacant (collectively, Property). Buyer intends on
renovating the 6,500 square foot former Crisis Intervention Center for the
treatment and care of girls who are victims of human trafficking, runaway or
homeless teenage children regardless of gender. The City closed the Crisis
Intervention Center in 2010.
Buyer proposes to obtain the property from the City for a nominal fee ($10.00)
subject to specific performance -based terms and conditions of a Contract for
Purchase and Sale of Real Property (Contract). The performance terms and
conditions of the proposed Contract would survive closing and require the
reimbursement of the respective value of the parcels as set forth in the
proposed Contract to the City should the Buyer either sell or transfer an interest
in a parcel prior to the end of an initial ten year period beginning with the
issuance of a Certificate of Occupancy on the Property. If either of the parcels
is sold, or an interest therein is transferred, during a subsequent five year
period, the repayment due to the City for the affected parcel would be reduced
proportionately annually. For the purposes of the proposed Contract, the value
of the land comprising the Property, together with the value of the
improvements in their current condition, is $970,200. The aggregate 2016
assessed value of the land and improvements for both parcels, as determined
by Botetourt County is $1,192,000.
The proposed Contract also requires the Buyer to provide the City written
confirmation that it has a funding commitment of at least $300,000 for the
proposed renovation of the existing building on the Property prior to closing.
Buyer must also initiate construction on the Property within twelve (12) months
of closing, or be in default of the proposed Contract and, in such event, the City
may recover title to both Parcel 1B and IA, free and clear of any liens and
encumbrances. The Buyer must complete construction within twenty -four (24)
months of closing or be found in default of the contract which would allow the
City to recover a performance security of $25,000 and require the re-
conveyance of Parcel 1 A, the 23.48 acre portion of the Property, to the City.
A public hearing is required prior to City Council authorizing execution of the
contract for the conveyance of the City -owned property. A copy of the
proposed Contract and related exhibits is attached to this report for the City
Council's information.
Recommended Action
Absent comments at the public hearing to the contrary, adopt the attached
ordinance authorizing the City Manager to execute a Contract substantially
similar to the one attached to this report, and to execute such other documents
and to take such further actions as may be necessary to implement, administer,
and enforce such Contract. All documents are subject to approval as to form by
the City Attorney.
AR ---- - - - -- HRISTOPMORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Wayne F. Bowers, Director of Economic Development
Barbara A. Dameron, Director of Finance
Cassandra L. Turner, Economic Development Specialist
Draft Date: 03.07.2016
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated
J 2016, by and between the City of Roanoke, Virginia, a Virginia municipal
corporation (Seller or City), and Straight Street Roanoke Valley, Inc., a Virginia corporation
(Buyer).
RECITALS:
WHEREAS, Seller is the owner of (i) a parcel of real property, together with buildings
and improvements thereon, consisting of approximately 6.928 acres of land, situate on Coyner
Springs Road, Botetourt County, Virginia and bearing Official Tax Map No. 108(9)1B (Parcel
1B); and (ii) a parcel of real property, together with any buildings and improvement thereon,
consisting of approximately 23.48 acres of land, situated on Coyner Springs Road, Botetourt
county, Virginia, and bearing Official Tax Map No, 108(9)IA (Parcel IA), Parcel 1B and Parcel
lA are more particularly described in Exhibit A attached hereto and made a part hereof;
WHEREAS, Parcel 1B and Parcel IA are more particularly described and depicted on a
plat of survey titled "Plat of Survey Showing the Minor Subdivision for City of Roanoke" dated
� 2012, and recorded in the Clerk's Office of the Circuit Court of the County of Botetourt,
Virginia (Plat);
WHEREAS, Seller is desirous of selling Parcel 1B and Parcel IA to Buyer and Buyer is
desirous of acquiring Parcel IB and IA upon the terms and conditions set forth below;
WHEREAS, Buyer intends to construct facility for the treatment and care of girls who
are victims of human trafficking or runaway or homeless teenage children, regardless of gender,
as the need may arise through partnerships with and expressly identified by law enforcement and
social service agencies, on Parcel 1B and develop and use Parcel IA for uses supporting or
expanding services in furtherance of the services provided on Parcel 113; and
WHEREAS, Seller will sell Parcel 1B and Parcel IA to Buyer subject to the terns,
conditions, and restrictions set forth in this Contract, if Buyer fails to comply with such terns
and conditions, Buyer shall be liable to Seller for the remedies available to Seller as set forth in
this Contract.
THEREFORE, for and in consideration of the mutual covenants and conditions herein set
forth, and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby
incorporated into this Contract and that they further agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Conina for 0ry ,r springs (nrnft nere'. 03 072016) 1
Draft Date: 03.07.2016
Buyer's Proposal: Buyer's Proposal refers to the renovation and rehabilitation of the existing
former Sanctuary Building located on Parcel IB for use by Buyer for the Contemplated Use, as
more specifically described in letters from the Buyer to the Roanoke Assistant City Manager for
Community Development, dated June 28, 2014, and October 22, 2014 (such letters are attached
hereto and made a part hereof as Exhibit B).
Closing: The consummation of this Contract by Seller's delivery of a Deed to Parcel 1B and IA
to Buyer.
Closing Date: The date provided for in Section 10 hereof for the Closing.
Contemplated Use: The development of a facility for the treatment and care of girls who are
the victims of human trafficking and runaways or homeless teenage children, regardless of
gender, as the need may arise through partnerships with and expressly identified by law
enforcement and social service agencies.
Days: Unless otherwise stated, this tern means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the
provisions of Section 10 which shall be recited in the Deed, and as set forth in the Title
Commitment.
Improvements: Any and all improvements, and all appurtenances thereto, located on Parcel I B
and 1 A at the time of Closing.
Performance Security: This tern shall have the meaning as set forth in Section 14. C of this
Contract.
Project: This tern means and includes the construction work to be done by Buyer over the
course of 24 months after Closing as well as any related and/or connected work that may be
required and/or done on any part of Parcel 1B to result in Buyer's Contemplated Use of Parcel
1B, all in accordance with the terms and provisions of this Contract.
Conformance: Development of Parcel IB by Buyer in accordance with the Contemplated Use
of Parcel IB and Buyer's Proposal and where a permanent certificate of occupancy has been
issued to Buyer from the County of Botetomt.
Title Commitment: A commitment for title insurance in favor of Buyer for Parcel IB and IA
to be issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
Cont.,, foe C.,,w S,m, (Draft Dem. 03.07 20161
Draft Date: 03.07.2016
A. Seller agrees to sell Parcel 1B and IA to Buyer, and Buyer agrees to purchase Parcel I
and IA from Seller, upon all the terms, covenants, and conditions set forth in this
Contract.
B. The purchase price for Parcel IB and IA (Purchase Price) shall be Ten Dollars ($10.00)
payable in cash or certified check from Buyer to Seller at Closing, together with
performance of all other obligations of Buyer as set forth in this Contract.
SECTION 3. CONDITIONS PRIOR TO CLOSING.
A. 1. As a condition precedent to Buyer's obligation to purchase Parcel I and IA or
otherwise to perform any obligations provided for in this Contract, Seller, as of
the Closing, shall have complied with Seller's obligations, representations and
warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction
of Seller's delivery to Buyer on the Closing Date of title to Parcel 113 and IA and
other documents as prescribed in Section 10.
2. As a condition precedent to Seller's obligation to sell Parcel IB and IA or
otherwise perform any obligations provided for in this Contract, Buyer, as of the
Closing, shall have complied with Buyer's obligations, representations, and
warranties in this Contract.
B. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the
Seller's reasonable satisfaction, written confirmation and documentation of commitment
for funding of the Project in an amount of at least $300,000. This obligation may be
satisfied by (i) written commitment for financing the costs of the Project by a lender
qualified to conduct business within the Commonwealth of Virginia; miller (it) donations
received by Buyer for the Project, provided that all such donations shall have been
received by Buyer and deposited in its accounts, subject to no restrictions or limitations
on the use of such donations.
C. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive
in writing any of the other party's conditions precedent referenced in this Section 3, and
Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all
such conditions precedent.
D. In the event that the Closing has not occurred through no fault of Seller on or before the
Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a tcn
(10) Day cure period from the Closing Dale in which to deliver the Purchase Price and
proceed with Closing. If Closing has not occurred within such additional time period
through no fault of Seller, this Contract shall automatically be terminated without any
further action. In the event of any termination as set forth above, this Contract shall be
defined terminated and of no further force and effect.
E. Upon the request of Scller; Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
Contrmt lot Coyn Spnngs( lea Date: 0.073016)
Draft Date: 03.07.2016
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and environmental opinion statements, deliver copies of same to
Seller. If Seller so requests, Buyer shall also rum over copies of raw data obtained and
any laboratory and observation reports or analyses. Such copies of all the above shall be
provided to Seller without charge.
F. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, prior to exercising
any rights under Section 16, shall obtain, at their cost, any and all required permits and /or
licenses for any such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
Seller's Obligations.
At the Closing Seller agrees to sell to Buyer Parcel I B and Parcel IA and deliver
the Deed to the Buyer in accordance with the terms of this Contract.
2. Buyer's Obligations.
Buyer agrees and promises that it will do and /or has done the following at or prior
to Closing:
(i) Buyer will purchase Parcel 1 B and Parcel IA from Seller for the Purchase
Price of Ten and no /100 Dollars ($10.00) and will make payment in
accordance with the terns of this Contract.
(it) Buyer accepts Parcel iB and Parcel IA in an "AS IS" condition and
acknowledges and agrees that Seller makes no representations or
warranties with respect to Parcel I B and 1 A other than what is contained
within this Contract. Buyer agrees that Buyer is taking Parcel IB and
Parcel IA without any warranties or representations from Seller and that
Buyer has had sufficient opportunities to fully examine Parcel 1 B and IA.
(iii) Buyer acknowledges and agrees that title to Parcel 1B and IA are subject
to all liens, encumbrances, and restrictions of record, together with all
restrictions set forth in this Contract, including, without limitations,
restrictions on the sale, transfer, or conveyance of Parcel 1B and Parcel
IA.
contract for Co, Springs (Draft Date'. 0304,2016)
Draft Date: 03.07.2016
(iv) Buyer shall provide Seller the Performance Security as set forth in Section
14. C to secure performance of Buyer's obligations pursuant to Section 4
B.2 of this Contract.
(v) Buyer shall promptly pay for all advertising costs and any related fees or
costs connected with this Contract and/or the sale of Parcel 1B and Parcel
IA, including, but not limited to costs for any advertisement of required
public hearing(s). Such payment shall be made directly to the entity
providing the advertising or other service, or to the City, as the City may
direct.
(vi) Buyer agrees that the conditions and obligations of Buyer under this
Contract which are to be performed post - Closing are conditions and
obligations that shall be incorporated either directly or by reference in any
deed to Parcel 1B and Parcel lA from Seller to Buyer, shall survive
Closing, and shall be binding on Buyer's successors and assigns. These
conditions and obligations of the Buyer which survive the Closing shall
run with the land. Upon the written request of Buyer after satisfaction of
one or more conditions or obligations by Buyer which survived the
Closing, the City shall verify satisfaction of such conditions or obligations
by Buyer and, upon verification, the City shall execute and deliver to
Buyer, within 45 Days after receipt of a written request from Buyer, a
document in which the City acknowledges the satisfaction of such
conditions or obligations of the Buyer which survived the Closing. Such
document shall be in a form suitable for recording in the Clerk's Office of
the Circuit Court of the County of Botetourt, Virginia. The form of the
document shall be approved by the City Attorney and shall acknowledge
satisfaction of only those conditions or obligations of Buyer specifically
set forth in such document and shall further provide that all other
conditions and obligations of Buyer (except for those previously satisfied
and acknowledged by the City in writing) remain in full force and effect.
If requested by Buyer, the City shall provide a separate document
following the satisfaction of each condition or obligation of the Buyer
hereunder. The Buyer shall be responsible for the costs of recording each
such document.
B. Post - Closing Performance Obligations of Buyer,
Buyer acknowledges and agrees that a part of the consideration for the Seller is
the Buyer's commitment to renovate develop, and operate Parcel IB in
accordance with Buyer's Proposal and the performance of this commitment.
Buyer agrees to perform each of the following obligations in accordance with the
terms and conditions set forth in this Contract.
Commer for Conaseroes (Draft Date. 03,01_2ft1el
Draft Date: 03.07.2016
Approval of Project and Commencement of Construction Activities.
(a) Buyer shall, within 12 months after Closing, have completed all
construction drawings and specifications for the construction of the
Project, obtained all necessary permits and approvals for the
construction of the Project, and commenced Construction Activity
for the Project. Buyer will develop Parcel IB in accordance with
Buyer's Proposal. Completion of this development shall
be pursued diligently and timely by Buyer and Buyer shall be
solely responsible for satisfying its obligations- hereunder.
(b) If Buyer fails to commence Construction Activity within 12
months after Closing, Buyer shall be in default of this Contract and
Seller may, at is sole option, acquire Parcel I B and Parcel 1 A in
accordance with Section 15 hereof. For the purposes of this
subsection "Construction Activity" under this Contract shall mean:
Buyer has obtained necessary permits and approval from the County of
Botetourt to construct the Project.
2. Substantial Completion of Construction.
(a) All construction work necessary to complete the Buyer's
Contemplated Use of Parcel 1 B shall be Substantially Completed
within 24 months after the Closing Date.
(b) In the event that Buyer fails to satisfy its obligations pursuant to
Section 4 B. 2(a) hereof, Seller may, at its sole option, exercise its
rights to collect the Performance Security, as provided in Section
14. C., and demand reconveyance of Parcel 1 A. In the event that
Seller exercises its rights hereunder, Buyer shall reconvey Parcel
I A to Seller, free and clew of all liens and encumbrances within 30
Days after Seller makes written demand to Buyer. The rights of
Seller hereunder constitute covenants running with the land and
shall be prior to all liens created or granted by Buyer or
involuntarily attached to, or imposed on, the title to Parcel I A.
3. Progress report s.
Buyer agrees to and shall provide written quarterly progress reports (which may
be by email) to the Seller's Assistant City Manager for Community Development
on the 10th Day of the months of January, April, July, and October subsequent to
Closing and until Substantial Completion. Such progress reports shall provide the
Seller with sufficient information regarding Buyer's status as to performance of
Post - Closing activities to meet the terns of this Contract and to alert Seller to any
issues, problems, or delays that Buyer has encountered or anticipates Buyer may
encounter.
C.,m, for Coyne Springy(D fi r,, 03.072016)
Draft Date: 03.07.2016
4.. Limitations on Transfer Sale or Conveyance of any interest in Parcel 1B or Parcel
IA.
(a) Buyer acknowledges that a part of the consideration for this Contract is the
agreement of Buyer to construct, develop, and use Parcel 1B for the
Contemplated Use and that Buyer shall use, develop and operate Parcel
IA for purposes that directly support Buyer's Contemplated Use of Parcel
113. Buyer acknowledges and agrees that any sale, transfer or conveyance
of Parcel IB or Parcel IA, or any interest therein, during the time periods
specified in this Contract, is a material breach of this Contract. Buyer
acknowledges and agrees that the remedies provided to Seller herein do
not constitute penalties imposed upon the Buyer and are intended to
compensate Seller for the damages sustained by Seller as a result of
Buyer's material breach of this Contract. Buyer hereby agrees that the
remedies provided herein constitute liquidated damages for loss and
damages to Seller for Buyer's failure to comply with any of the terms of
this Contract. The basis for the compensation to be paid to Seller as
liquidated damages specified below are the current value of Parcel 113 and
Parcel IA. Buyer further waives any defense as to the validity of any
liquidated damages stated in this Section on the grounds such liquidated
damages could be void as penalties or are not reasonably related to actual
damages.
(b) Buyer agrees that under no circumstances shall Buyer transfer, convey, or
sell Parcel 1B or Parcel IA, or any interest therein, from the date on which
the Deed is recorded and through and including the date which is 15 years
following the issuance of a certificate of occupancy for the Improvements,
without the prior written consent of Seller, which consent maybe granted
or withheld in the sole discretion of Seller. Seller agrees to
consent to the sale, transfer or conveyance of Parcel IB and IA, in their
entirety, to a transferee who agrees in writing with Seller that (i) such
transferee shall use Parcel IB and Parcel IA for the Contemplated Use;
and (ii) all provisions of this Contract, including the provisions of Section
4. B.4 of this Contract, remain in full force and effect and such transferee
is subject to all such terms and conditions contained in this Contract.
(c) Parcel 1B may be used only for the Contemplated Use from the date on
which the Deed is recorded and through and including the date which is
15 years following the issuance of the certificate of occupancy for the
Improvements. Should Buyer transfer, sell, or convey ownership of Parcel
1B, or any interest in Parcel 1B, at any time from the date on which the
Deed is recorded and through and including the initial 10 years following
the issuance of the certificate of occupancy for the Improvements for any
purpose other than those contained in the preceding sentence, Buyer shall
pay to the City the sum of $553,000. In the event that any sale, transfer, or
Cuvtmu for Coy rrr spnn,, mrnft Me 03 072016)
Draft Date: 03.07.2016
conveyance of Parcel IB, or any interest therein, occurs during the
subsequent 5 years, Buyer shall pay to the City the following amount:
(1) If in year 11, the sum of $553,000;
(ii) If in year 12, the sum of 5442,400;
(iii) If in year 13, the sum of $331,800;
(iv) If in year 14, the sum of $221,200; and
(v) If in year 15, the sum of $110,600.
(d) Except for the limited and express purpose provided in Section 4.B 4(h)
hereof, Parcel IA may be used only for uses that directly support the
development and operation of Parcel 1B in accordance with the
Contemplated Use during the period set forth in Section 4.13.4(c). In the
event that (i) Buyer sells, transfer, or conveys Parcel IB, or any interest
therein during the period set forth in Section 4.B.4(c). of this Contract; or
(ii) Buyer sells, transfers, or conveys Parcel IA, or my interest therein, at
any time during the period set forth in Section 4.13.4 (c)of this Contract,
Buyer shall pay to Seller the following amounts:
(1) From the recording of the Deed and during the first 10
years following issuance a certificate of occupancy for the
Improvements, the sum of $417,200;
(ii) If in year 11, the sum of $417,200;
(iii) If in year 12, the sum of 5333,760;
(iv) If in year 13, the sum of $250,320;
(v) If in year 14, the sum of $166,880; and
(vi) If in year 15, the sum of $83,440.
The amount due under this Section 4B.4(d) shall be in addition to any
amount that may be due to Seller pursuant to Section 4.B.4(c).
(e) Payments due to Seller pursuant to Section 4.B.4(c) and /or Section
4.13.4(d) shall be made in immediately available funds of the United
States, by wire transfer. For proposes of this Contract, a sale, transfer or
conveyance by Buyer, means any transfer of Parcel I and /or Parcel IA,
or any interest therein, including but not limited to, a foreclosure sale by
Comae rnr Co,, S,d,, (eraa 03,07 -2016) 8
Draft Date: 03.07.2016
the holder of a deed of trust, a deed in lieu of foreclosure, or a transfer of
the interest in Buyer by merger, consolidation or reorganization unless
Seller consents, in writing, to any such merger, consolidation or
reorganization, such consent shall not be unreasonably withheld.
(f) Buyer agrees that from the date on which the Deed is recorded through
and including the date which is 15 years after issuance of the certificate of
occupancy for the Improvements, Buyer shall not subdivide Parcel IB or
Parcel 1A, or consolidate Parcel 1B and Parcel IA into one lot without the
prior written notice to Seller and the prior written consent of Seller. In the
event that Seller is willing to consent to any such subdivision or
consolidation, the Seller's consent shall require Buyer to acknowledge,
agree, and consent that the provisions of this Section 4.B.4 are applicable
and enforceable against the lots created by an approved subdivision or the
consolidated lot. In the event that Parcel 1 B and IA are consolidated into
one lot, and Buyer subsequently sells, transfers, or conveys any interest in
the consolidated lot, Buyer shall pay to the Seller the amounts due
pursuant to Section 4.13.4 (c) and Section 4.B.4(d) of this Contract.
(g) Seller agrees to consent to the granting of a deed of trust by Buyer
provided each holder of a deed of trust shall acknowledge, in writing,
that the deed of trust is subject to the provisions of this Section 4.13 4,
and acknowledge and agree that, in the event of a foreclosure of the
deed of trust or conveyance of a deed in lieu of foreclosure, such
payments set forth in this Section 4.B.4 shall be due and payable.
(h) The parties agree that Buyer may enter into a lease for the use of Parcel
IA limited solely to the agricultural purpose of Canning crops on Parcel
IA and such lease shall not constitute a transfer of an interest in Parcel IA
for purposes of this Section 4.13.4; provided that, prior to entering into any
such lease, Buyer shall provide Seller with a copy of such lease and Seller
consents, in writing, to the execution of such, such consent shall not be
unreasonably withheld.
SECTION 5. COMPLIANCE. WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements in executing the construction of
the Improvements. Buyer further agrees that Buyer does not, and shall not during the
construction of the Project, knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
Contract for coma Spnnge (otna Date 03 022016)
Draft Date: 03.07.2016
SECTION 6. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any
such assignment shall not relieve Buyer from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to require each contractor and subcontractor that performs work at Parcel 1B and
lA in connection with the construction of the Project to indemnify and hold harmless Seller and
its officers, directors, and employees free and harmless for and from any and all claims, causes
of action, damages or any liability of any type, including reasonable attorney's fees, on account
of any claims by or any injury or damage to any persons or property growing out of or directly or
indirectly resulting or arising in any way out of any actions, omissions, or activities of the
respective contractors, or subcontractors arising out of or connected in any way to the
construction of the Project as provided in this Contract.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions- which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the
laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to
assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of
such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the
venue of the action, suit or proceeding, is improper.
SECTION 9. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey title to
the Parcel IB and IA in an AS IS condition and subject to any items of record. This provision
shall survive Closing.
B. Seller further represents and warrants with respect to Parcel IB and lA that:
Title. Seller has title to Parcel IB and IA subject to all restrictions and
encumbrances of record including the access easement that encumbers Parcel IA
for the benefit of Parcel IB, and depicted on the Plat. Title to Parcel 1 A is also
subject to a lease with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter for the
purposes of farming (Lease). Seller is the sole owner of Parcel 1B and IA.
Comae fi�. C., sva.ss«a Ua, 03 07 10
Draft Date: 03.07.2016
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of Parcel 1 B and 1 A.
3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any
other special taxes or assessments relating to Parcel 1B and IA, or any part
thereof.
4. Hazardous Materials. Seller makes no warranties or representations of any type
regarding hazardous materials of any type.
5. Access. Ingress to and egress from Parcel I and IA is available as depicted on
the Plat.
SECTION 10. TITLE AND CLOSING.
A. Title to Parcel IB and I A, in accordance with the Survey, shall be conveyed by Seller to
Buyer by a Deed, subject to the following:
1. Ad valorem real property taxes and stormwater fees for the current year, not yet
due and payable;
2. Those matters of title to which Buyer has not objected to in writing (Seller agrees
to take reasonable efforts to resolve matters objected to by Buyer which efforts
shall not include the expenditure of funds to third parties);
3. Those matters reflected on the Plat to which Buyer has not objected to in writing
(Seller agrees to take reasonable efforts to resolve matters objected to by Buyer
which efforts shall not include the expenditure of funds to third parties);
4. Easements and other restrictions of record as of the date of execution of this
Contract by Seller, including the access easement depicted on the Plat, the Lease,
and the restrictions on transfer of title to Parcel 1 B or Parcel I A, or any interest
therein, as set forth in this Contract;
5. Liens and objections shown on the Title Commitment;
6. Other standard exceptions contained in a Title Policy as defined in Section 10(B)
below.
7. Those items and matters set forth in this Contract and that the obligations and
undertakings of Buyer in this Contract shall survive Closing and be incorporated
into the Deed. All of the foregoing exceptions are herein referred to collectively
as the "Conditions of Title."
C..tretfnr Co, S,n, tnna M., 03.0"120167 11
Draft Date: 03.07.2016
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness
on the Closing Date of the Title Company to issue, upon payment of its normal premium,
to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ")
insuring Buyer in the amount of the Purchase Price in respect to Parcel IB and IA and
that title to Parcel IB and I A are vested in Buyer, subject only to the Conditions of Title.
C. Buyer and Seller shall consummate and complete the closing of this transaction on or
before 2016, with the specific Closing date being designated by Buyer
in writing to Seller at least ten (10) business days in advance thereof (the "Closing
Date').
D. The purchase and sale of Parcel IB and IA shall be closed (the "Closing ") at 10:00 A.M.
on the Closing Date in the Office of the City Attorney, or at such other location, date, and
time as shall be approved by Buyer and Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer
the following documents:
a) Its duly executed and acknowledged Deed conveying to Buyer Parcel IB
and 1 A in accordance with the provisions of this Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work has been
performed on Parcel 1B and IA by Seller in the one hundred twenty -five
(125) Days immediately preceding the Closing Date that could result in a
mechanic's lien claim, or, if such work has been performed, it has been
paid for in full;
C) Such evidence and documents including, without limitation, a certified
copy of the ordinance adopted by Seller, as may reasonably be required by
the Title Company evidencing the authority of the persons) executing the
various documents on behalf of Seller in connection with its sale of Parcel
113 and 1A;
d) A duly executed counterpart of a Closing Statement; and
C) Any other items required to be delivered pursuant to this Contract.
E. At Closing, real property taxes and other fees and charges assessed against Parcel IB
and/or Parcel 1 A by Botetourt County shall be prorated with Buyer being responsible for
all periods thereafter.
Buyer shall pay for (i) the cost of all investigations of Parcel 1B and IA including, but
not limited to, examination of title and title insurance premiums for issuance of the Title
Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii)
Co=o fer Coy Springs WM0 Dam 03 07.2016) 12
Draft Date: 03.07.2016
any Grantee's tax and recording costs required to be paid in connection with the recording
of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if
any.
H. Possession of Parcel I B and IA, subject to the Lease, shall be delivered to Buyer on the
Closing Date, subject to the provisions of this Contract.
SECTION 11. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of Parcel IB or IA.
However, if, after the date hereof and prior to the Closing Date, all or any part of Parcel I B or
IA is subjected to a bona fide threat of condemnation or condemned or taken by a body having
the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly
notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer,
Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in
which event all parties shall be relieved and released of and from any further duties, obligations,
rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no
further force and effect. If no such election is made by Buyer to cancel this Contract, this
Contract shall remain in full force and effect and the purchase contemplated herein, less any
interest taken by condemnation or eminent domain, shall be effected with no further adjustments,
and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right,
title, and interest of Seller in and to any awards that have beet or that may thereafter be made for
any such taking or takings.
SECTION 12. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or
representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if
Parcel IB or IA is substantially damaged or destroyed before Closing by such casualty, then
either party may cancel this Contract by giving the other party thirty (30) days written notice of
such cancellation and neither party will have any further obligations to the other and Seller shall
not be liable to Buyer for any failure to deliver Parcel 1B and IA to Buyer. In the event of a loss
due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any
such loss shall be payable to the Seller under all circumstances.
SECTION 13. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the other or
with Parcel I B and 1 A regarding this transaction has been directly between themselves and their
employees. Seller and Buyer warrant and represent that no person or entity can properly claim a
right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless
Comae for Co>, Spdog(rnae Date: 03 . 07 2016) 13
Draft Date: 03.07.2016
from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting
from any claim for a commission, finder's fee, or other compensation by any person or entity
based upon such contracts or understandings.
SECTION 14. REMEDIES.
A. (1) In the event Buyer shall have fully performed or tendered performance of its
duties and obligations hereunder, but Seller fails to perform any of its duties or
responsibilities in accordance with the terms and provisions hereof prior to
Closing, Buyer's remedies shall be either (i) an equitable suit to enforce
specific performance of such duties or responsibilities; or (ii) termination of this
Contract. In the event that Buyer elects to terminate this Contract, Buyer shall provide
Seller with written notice of termination and upon termination, neither party shall have
any further rights or obligations under this Contract; provided, however, Buyer's
indemnity obligations under this Contract shall survive the termination of this
Contract. Any and all other remedies otherwise available to Buyer, at law or in
equity, are hereby expressly waived by Buyer except as otherwise specifically stated
in this Contract.
(2) In the event Buyer shall have fully performed or tendered performance of
its duties and obligations hereunder, but Seller fails to perform any of
its duties or responsibilities in accordance with the terms and provisions
hereof following the Closing, Buyer's sole and exclusive remedy shall be
an equitable suit to enforce specific performance of such duties or
responsibilities. Any and all other remedies otherwise available to
Buyer, at law or in equity, are hereby expressly waived by Buyer
except as otherwise specifically stated in this Contract.
B. (1) In addition to the remedy of repurchasing Parcel 1B lA pursuant to Section 15
of this Contract in the event of nonperformance of Buyer's obligations under
Section 4.13.1 of this Contract, if Buyer either (i) fails to comply with any of the
terms and conditions, or any of Buyer's obligations under this Contract that
require Buyer's performance within a specific time period prior to Closing; or (ii)
fails to comply with any other terms of this Contract or any other obligations of
Buyer under this Contract prior to Closing after written notice of such default is
provided by Seller and Buyer fails to cure such default within thirty (30) Days
following Buyer's receipt of such notice, then, in either event, Seller may
terminate this Contract and recover any specific monetary damages directly
caused by Buyer's breach.
(2) In the event that Buyer fails to commence Construction Activity or
Substantially Complete construction in accordance with this Contract,
Seller shall have the right to recover the Performance Security (hereinafter
defined) as its remedy for such breach.
Contract for Coynm Spnnp(D ftUnc03. 072016) 14
Draft Date: 03.07.2016
C. I. As security for Buyer's compliance with the terms and conditions of this Contract
regarding completion of the Project in accordance with the Buyer's Proposal Plans,
Buyer shall deliver to Seller on or before the Closing, one of the following: (i) cash
escrow; (ii) a performance bond with corporate surety, issued by an insurance company
qualified to, licensed, and conducting business in Virginia, subject to prior approval by
Seller in Seller's sole discretion, or (iii) a letter of credit drawn against a bank or other
financial institution, qualified to, licensed, and conducting business in Roanoke, Virginia,
subject to prior approval by Seller, in Seller's sole discretion (the "Performance
Security'). The form of the Performance Security shall be substantially in the form of
Exhibit C (cash escrow) or Exhibit D (letter of credit) attached hereto and made a part
hereof. The Performance Security shall be payable to Seller and in the amount of Twenty
Five Thousand Dollars ($25,000). The Performance Security provided shall be valid
until the Project is Substantially Complete. If the Performance Security is not renewed
annually or is threatened to be canceled and Buyer does not provide a replacement
Performance Security approved by Seller at least sixty (60) Days before any portion of
the existing Performance Security is to be cancelled, such event shall be a breach of this
Contract and Seller shall be entitled to exercise Seller's rights to immediately call the
Performance Security.
2. Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in
a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow
Seller to approve or disapprove such document at least ten (10) business days before the
Closing. Notwithstanding other provisions in this Contract, if Seller has not approved the
form and content of the Performance Security proposed by Buyer at least ten (10)
business days prior to the Closing, the Closing may be delayed at the sole option of Seller
or Seller may (i) terminate the Contract; and / or (ii) pursue any and all other remedies as
provided for by this Contract or by law, including damages against Buyer.
3. If Buyer either (i) fails to comply with Section 4.B.2 of this Contract, Seller may
call on the Performance Security required by this Section for payment of the entire
amount of the Performance Security, and the issuers) of such security shall be obligated
to pay such amount to Seller without delay. The parties recognize that Seller will suffer
damages if Buyer fails to comply with the terms of this Contract. The parties also
recognize the delays, expense, and difficulties involved in proving the actual loss or
damages Seller will suffer if Buyer fails to comply with this Contract. Therefore, Buyer
hereby agrees to provide the Performance Security to Seller as liquidated damages for
loss and damages to Seller for Buyer's failure to comply with any of the terms of this
Contract until the Project is Substantially Complete, but not as a penalty. The basis of the
amount of the Performance Security is the approximate value of the Property if it had
been sold without conditions or obligations, as agreed to by the Buyer and Seller. Buyer
further waives any defense as to the validity of any liquidated damages stated in this
Section on the grounds such liquidated damages could be void as penalties or are not
reasonably related to actual damages. Such liquidated damages are in addition to the right
of Seller to demand reconveyance of Parcel IA as provided in Section 4.13.2 of this
Contract
CoOtraU fo, Co, Spn,g (D Rmmn 0107.2016) 15
Draft Date: 03.07.2016
SECTION 15. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT
NOT TO CONVEY PARCEL 113 AND 1A.
A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months
from the Closing as provided in Section 4.13.1 of this Contract, Buyer or its successors)
in interest shall not have commenced Construction Activity, as described in Section
4.13.1, Seller shall have the right to refund to the then record owner(s) of Parcel IB and
1A all or any part of the original Purchase Price for Parcel 1B and IA paid by Buyer to
Seller; whereupon the then record owner(s) of Parcel 1B and IA shall forthwith convey
Parcel 1B and IA to Seller, free and clear of mortgages, deeds of trusts, liens, or other
encumbrances. In the event that the record owner(s) of Parcel 1B and IA for any reason
fails or refuses to convey title back to the Seller as required herein, Seller shall have the
right to enter onto and take possession of Parcel IB and lA or the part thereof designated
by Seller, along with all rights and causes of action necessary to have title to Parcel IB
and IA or the part thereof designated by Seller conveyed to the Seller.
B. Buyer may grant a mortgage or deed of trust on Parcel IB and /or IA provided that the
holder of any such mortgage or deed of trust shall acknowledge and agree in writing that
the right granted Seller pursuant to Section 15.A is superior to the mortgage or deed of
trust and the holder of such mortgage or deed of trust shall discharge the mortgage or
deed of trust in the event Seller exercises its right to repurchase Parcel 1B and IA
pursuant to Section 15.A.
Buyer shall require that each and every tender of the Buyer that seeks to
encumber Parcel 1B and IA with a mortgage or deed of trust to acknowledge and agree
to the provisions of this Section 15,
SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD.
A. Buyer shall have 120 Days following the execution of this Contract to complete Buyer's
due diligence review of Parcel 1B and IA (Inspection Period) to determine if there are
any issues that would prevent the Buyer's use of Parcel 1B and IA. Should Buyer
determine during such Inspection Period that it is not satisfied with Parcel 1B and lA or
any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute
discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as
possible, but no later than ten (10) Days after the end of such Inspection Period, of
Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be
terminated and of no further force and effect, unless Seller and Buyer mutually agree to
modify this Contract to address any such issues.
B. Buyer shall comply with the insurance requirements set forth in the Contract,
including the items set forth below:
1. Neither Buyer nor any subcontractor shall commence work under this Contract
until Buyer has obtained and provided proof of the required insurance coverages
to Seller, and such proof has been approved by Seller. Buyer confirms to Seller
Comm fur Coyna Spnugs mart Dui: 03 A7 2016) 16
Draft Date: 03.07.2016
that all subcontractors have provided Buyer with proof of such insurance, or will
do so prior to commencing any work under this Contract.
2. Buyer, including all subcontractors, shall, at its and/or their sole expense, obtain
and maintain during the life of this Contract the insurance policies and /or
coverages required by this section. Seller and its officers, employees, agents,
assigns, and volunteers shall be added as an additional insured to the general
liability and automobile coverages of any such policies and such insurance
coverages shall be primary and noncontributory to any insurance and /or self -
insurance such additional insureds may have. Buyer shall immediately notify in
writing Seller of any changes, modifications, and /or termination of any insurance
coverages and /or policies required by this Contract. Buyer shall provide to Seller
with the signed Contract an Acord certificate of insurance which states in the
description of operations section one of the two paragraphs below:
(a) Seller and its officers, employees, agents, assigns, and volunteers are
additional insureds as coverage under this policy includes ISO
endorsement CG 20 33 which provides that the insured status of such
entities is automatic if required by a contract or a written agreement. (If
additional insured status is automatic under a different coverage form,
Buyer must attach a copy of the coverage form to its certificate. Any
required insurance policies shall be effective prior to the beginning of any
work or other performance by Buyer and any subcontractor under this
Contract
OR
(b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any
work or other performance by Buyer under this Contract, to Seller and its
officers, employees, agents, assigns, and volunteers naming them as an
additional insured under the general liability coverage. (A copy of the
binder confirming the issuance must be attached to the certificate. Any
required insurance policies shall be effective prior to the beginning of
any work or other performance by Buyer and any subcontractors under
this Contract).
However, if 2 (a) or (b) cannot be provided, Seller's Risk Manager, in such Manager's
sole discretion, may approve such other certificate of insurance or insurance document(s)
that the Risk Manager deems acceptable. Seller of Roanoke shall also be named as the
Certificate Holder.
The minimum insurance policies and /or coverages that shall be provided by
Buyer, including its subcontractors, include the following:
(a) Commercial General Liability: $1000,000.00
Cowen tur Coyne Spnnge (Daft Date: 03 072016) 17
Draft Date: 03.07.2016
$2.000,000.00 General Aggregate Limit (other than ProducWCompleted
Operations).
$2,000,000.00 Products /Completed Operations Aggregate Limit.
$2,000,000.00 Personal Injury Liability (including liability for slander,
libel, and defamation of character).
$2,000,000.00 each occurrence limit
(b) Automobile Liability: $1,000,000.00 combined single limit
(c) Workers' Compensation and Employer's Liability:
Workers' Compensation: statutory coverage for Virginia
Employer's Liability:
$100,000.00 Bodily injury by Accident each occurrence
$500,000.00 Bodily Injury by Disease Policy Limit.
$100,000.00 Bodily Injury by Disease each employee.
(d) The required limits of insurance for this Contract may be achieved by
combining underlying primary coverage with an umbrella liability coverage to
apply in excess of the general and automobile liability policies, provided that such
umbrella liability policy follows the form of the underlying primary coverage.
(e) Such insurance policies and/or coverages shall provide for coverage
against any and all claims and demands made by a person or persons or any other
entity for property damages or bodily or personal injury (including death)
incurred in connection with the services, work, items, and/or other matters to be
provided under this Contract with respect to the commercial general liability
coverages and the automobile liability coverages. With respect to the workers'
compensation coverage, Buyer's and its subcontractors' insurance company shall
waive rights of subrogation against Seller and its officers, employees, agents,
assigns, and volunteers.
(f) Buyer shall provide such other insurance policies and /or coverages that
may be required by other parts of this Contract. If required by the Contract, such
policies and/or coverages could include, but are not limited to, Errors and
Omissions /Professional Liability, Crime/ Fidelity, Environmental and/or
Pollution, Builder's Risk, Umbrella/Excess.
cr�,a�� ro,cgy�a sea�ss <u�n wm: 0307.2016) 18
Draft Date: 03.07.2016
Proof of Insurance Coverage:
(a) Buyer shall famish Seller with the above required certificates of
insurance showing the type, amount, effective dates, and date of expiration
of the policies.
(b) 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.
5. Insurance coverage shall be in a form and with an insurance company approved
by Seller, which approval shall not be wrreasonably withheld. Any insurance
company providing coverage under this Contract shall be authorized to do
business in the Commonwealth of Virginia.
6. Buyer's insurance policies and/or coverages shall not contain any exclusions for
Buyer's subcontractors.
7. The continued maintenance of the insurance policies and coverages required by
the Contract is a continuing obligation, and the lapse and/or termination of any
such policies or coverages without approved replacement policies and/or
coverages being obtained shall be grounds for termination of Buyer for default.
8. Nothing contained in the insurance requirements is to be construed as limiting the
liability of Buyer, and /or its subcontractors, or their insurance carriers. Seller
does not in any way represent that the coverages or the limits of insurance
specified are sufficient or adequate to protect Buyer's interest or liabilities, but are
merely minimums. The obligation of Buyer, and its subcontractors, to purchase
insurance shall not in any way limit the obligations of Buyer in the event that
Seller or any of those named above should suffer any injury or loss in excess of
the amount actually recoverable through insurance. Furthermore, there is no
requirement or obligation for Seller to seek any recovery against Buyer's
insurance company before seeking recovery directly from Buyer.
SECTION 17. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal service,
if sent by certified mail, return receipt requested, or by a nationally recognized ovemigbt courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540 -853 -2333
C nvact for Corn Spnn6 of ft Dale. 03.072016) 19
Draft Date: 03.07.2016
If to Buyer: Keith Farmer
Straight Street Roanoke Valley, Inc.
P.O. Box 11411
Roanoke, VA 24022
And
Compton Biddle, Esq
OPN Law
3140 Chaparral Drive
Roanoke, VA 24018
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 18. TIME.
Time is of the essence in the performance of the parties' respective obligations in this Contract.
SECTION 19. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and permitted assigns.
SECTION 20. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatories to the same counterpart.
SECTION 21. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this Contract
and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Contract or any
amendments or exhibits hereto.
SECTION 22. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining
terms of this Contract, which shall continue in full force and effect. The parties intend for the
provisions of this Contract to be enforced to the fullest extent permitted by applicable law.
Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or
agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make
Contml for Comm springs (Draft rate. 03.072016)
20
Draft Date: 03.07.2016
them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE
PERFORMED BY THE PARTIES POST - CLOSING SHALL SURVIVE CLOSING.
SECTION 23, COOPERATION
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and
purpose of this Contract.
SECTION 24. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant they
are duly authorized to execute this Contract on behalf of their respective entity.
SECTION 25. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this Contract
by any other party extends to that instance only. Such waiver or failure is not and shall not be a
waiver of any of the terns or conditions of this Contract or a waiver of any other breaches of the
Contract by any party and does not bar the non - defaulting party from requiring the defaulting
party to comply with all the terms and conditions of this Contract and does not bar the non-
defaulting party from asserting any and all rights and /or remedies it has or might have against the
defaulting party under this Contract or by law.
SECTION 26. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.4343.1, be advised that Seller does not discriminate
against faith -based oreanizations.
SECTION 27. EQUAL EMPLOYMENT OPPORTUNITY.
During the performance of this Contract, Buyer agrees that, unless Buyer is otherwise expressly
authorized by law in connection with the performance of an agreement with a governmental
entity the Commonwealth of Virginia, it will perform its obligations under this Contract as
follows::
(a) Buyer will not discriminate against any employee or applicant for employment because
of race, religion, color, sex, national origin, age, disability, or any other basis prohibited
by state law relating to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of Parcel l B and
IA. Buyer agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
(b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of
Buyer, will state that Buyer is an equal opportunity employer.
Comre , forCopa spnnp tin w,e 0107 2016) 21
Draft Date: 03.07.2016
(c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or
regulations shall be deemed sufficient for the purpose of meeting the requirements of this
section.
(d) Buyer will include the provisions of the foregoing subsections in every contract or
purchase order of over ten thousand dollars and no cents ($10,000.00) so that the
provisions will be binding upon each Buyer or vendor.
SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer
to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer -
supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties
agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in
a writing signed by both parties.
SECTION 29. FORCE MAJEURE.
A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or
Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage
is directly caused by an occurrence beyond the reasonable control of such party and its agents,
employees, Buyers, subcontractors, and consultants, which results from Acts of God or the
public enemy, compliance with any order of or request of any governmental authority or person
authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion,
sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in
transportation, inability of party to obtain necessary materials or equipment or permits due to
existing or future laws, rules, or regulations of governmental authorities or any other direct
causes, and which by the exercise of reasonable diligence said party is unable to prevent. For
purposes of this Contract any one delay caused by any such occurrence shall not be deemed to
last longer than six (6) months and all delays caused by any and all such occurrences under any
circumstances shall not be deemed to last longer than a total of six (6) months. Any party
claiming a force majeure occurrence shall give the other party written notice of the same within
thirty (30) Days after the date such claiming party learns of or reasonably should have known of
such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding
anything else set forth above, after a total of six (6) months of delays or failure of performance of
any type have been claimed as being subject to force majeure, no further delays or failure of
performance or claims of any type shall be claimed as being subject to force majeure and /or
being excusable delay.
CumnafmCn Spnng,(�ft Wm- 03.072016) 22
Draft Date: 03.07.2016
SECTION 30. ENTIRE CONTRACf.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits
hereto. No amendment to this Contract shall be valid unless made in writing and signed by the
appropriate parties.
SIGNATURE PAGES TO FOLLOW
03072M) 23
Draft Date: 03.07.2016
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
By:
Christopher P. Morrill, City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this _day of , 2016, by
Christopher P. Morrill, City Manager for Seller of Roanoke, Virginia, a Virginia municipal
corporation, for and on behalf of said municipal corporation.
My commission expires:
Notary Public
SEAL
WITNESS /ATTEST: STRAIGHT STREET ROANOKE VALLEY, INC.
0
Title:
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this _day of , 2016, by
the of Straight Street Roanoke Valley, Inc., a
Virginia corporation, for and on behalf of such entity.
My commission expires:
Notary Public
SEAL
Coma, fDr Coy rSynng,( @ea nme_ 03,07 2016) 24
Draft Date: 03.07.2016
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
Conan r r Coynv spnn s (Daft Ddtc 09022016) 25
Draft Date:
03.07.2016
Exhibit
Property Description
Exhibit B
Buyer's Proposal
Exhibit C
Cash Escrow Agreement
Exhibit D
Letter of Credit
C,,.,,�, S,,m t naa D,11e: 0107 201f, 26
Contract for Purchase and Sale
of Real Property dated
2016 by and
Between the City of Roanoke,
Virginia and Straight Street Roanoke
Valley, Inc.
EXHIBIT A
Description of Property
The properties subject to this Contract we (i) a parcel of real property, together with buildings
and improvements thereon, consisting of approximately 6.928 acres of land, situate on 108
Coy= Spring Road, Botetourt County, Virginia and bearing Official Tax Map No. 108(9)1B
(Parcel LB); and (it) a parcel of real property, together with any buildings and improvement
thereon, consisting of approximately 23.48 acres of land, situated on Coyner Springs Road,
Botetourt county, Virginia, and bearing Official Tax Map No, 108(9) IA (Parcel IA). Parcel 113
and Parcel IA are more particularly described and depicted on a plat of survey titled "Plat of
Survey Showing the Minor Subdivision for City of Roanoke" dated , 2012, and recorded
in the Clerk's Office of the Circuit Court of the County of Botetourt, Virginia (Plat);
Contract for Purchase and Sale
of Real Property dated
2016 by and
Between the City of Roanoke,
Virginia and Straight Street Roanoke
Valley, Inc.
EXHIBIT B
Buyer's Proposal
&Nit skeet
www.straiohtstmet.or4
P.O Box 11411 Roanoke, VA 24022 -1411 540.342.4971
June 28, 2014
Mr. R. Brian Townsend, Assistant City Manager
City of Roanoke
215 Church Ave
Roanoke, Virginia 24011
Dear Mr. Townsend
I want to thank you, City Manager Christopher P. Morrill and members of Roanoke City Council for
the opportunity to submit a request for the property located at 108 Coyner Springs Road in
Botetourt County, the former Sanctuary Crisis Intervention Center and the land that adjoins it, the
location of the former nursing home. Straight Street started in December of 1994 as a monthly
outreach for area teenagers. Since then, the ministry has grown to offer numerous outreach
programs, however, our work with law enforcement revealed the need to assist juvenile victims of
human trafficking in Virginia. This is a new area of outreach and Straight Street has formed a
mentoring relationship with Wellspring Living in Atlanta, Georgia. Wellspring Living has provided
help and support to victims for over a decade and has a nationally recognized mentoring program.
Please find a letter from Wellspring Living included with this request. The term DMST is often used
and referenced in the attached Wellspring Living letter. The initials DMST stand for Domestic
Minor Sex Trafficking.
As 1 mentioned in the previous letter, Straight Street was able to obtain confirmation from Botetourt
County to use the property for an emergency shelter for girls that have been rescued from an
abusive situations. Also, with the previous letter, there were four letters of support for this outreach
to human trafficking victims in Virginia. I know it may seem excessive to request both parcels of
land, however, in the planning stages and our work with Wellspring Living and federal agencies; it
is a wise strategic move to ensure safety and allow for growth. I have been working with the U.S.
Attorney's Office and FBI special agents as we develop this outreach to make sure we are
effectively meeting the needs of juvenile victims.
The road for the Sanctuary property is located on the nursing home land and improvements are
required to make the road usable. Also, the additional land provides a natural buffer, providing
privacy and security. For long term planning, the former nursing home land allows for the
development of a long term shelter for victims. This is something that both DSS and the federal
agencies have referenced as a need to be listed in our long term planning. The additional property
allows for expansion on the same grounds without having to locate a second shelter in another
location.
Straight Street started the shelter mentoring program in September 2013 and it requires Straight
Street to develop the shelter program from vision to reality. This is a very in depth mentoring
program and that helps to ensure the shelter program and services will be sustainable. Attached
please the Logic Model we developed several months ago as part of this menloring process. You
will notice that the outreach is called Street Ransom. That is because of its nature and the fact that
Straight Street has developed numerous programs and serves so many teens through the ministry.
We do not want the teens or our partners to think we are changing focus or direction and we will
continue to operate and expand the Straight Street outreach and those we serve, including teen
mothers, students listed as homeless within Roanoke City Schools and support teens and families
in the juvenile justice system.
I have included several items mentioned in the logic model as we have been able to move quickly
with the awareness portion of the outreach. Please find copies of three of the five billboard
designs that will be in our region by the end of 2014 and early 2015. A major part of the outreach
is awareness and education, preventing a teen from becoming a victim. The shelter and services
will provide support and healing to those that have fallen victim and in need of help. You may have
seen a recent story of the 168 minors rescued from DMST this month in a national sweep — the
need is real. You will notice the number on the billboard and radio spot is to the National Human
Trafficking Hotline. This is to make sure that all calls /reports are tracked and that referrals made
through this national call center. The funding for the billboards and help in the development of
Street Ransom is made possible in part with a grant from the Junior League of Roanoke Valley.
They are committed to helping and plan to offer long tern support, not just funding but also through
awareness and volunteer support. Also, on the thumb drive, please listen to a radio spot that is
currently on Wheeler and Clear Channel stations in our area provided by Valley Character.
Straight Street is working on two funding sources. One source is to provide for remodeling of the
current facility. Since it closed in June 2010, it has suffered considerable damage due to broken
pipes and decay. Straight Street is working with area churches and contractors to raise the
support to remodel shelter and property and we are confident that this will be provided once
Straight Street is able to begin work on the former Sanctuary site.
The second funding source is for operations, the most vital part of the funding stream. Part of the
Wellspring Living mentoring program is to assist Straight Street in developing a funding model.
Part of this model is to work with national contacts to raise awareness and secure funding. One of
the people that is part of this funding team is James Brown of CBS Sports. A letter from Mr. Brown
was included with the previous letter, dated June 5, 2014. Mr. Brown, along with other national
and local business leaders, are currently working on a plan to assist in raising the operating funds.
In the Wellspring Living letter you will see the funding model referenced and the work yet to be
completed. Wellspring Living has and continues to not only assist with the development of
shelters, they provide the long term support needed to help them raise the necessary funds to
continue in meeting the needs of the victims served.
The facility will be licensed through DSS and Straight Street has confirmed the location will meet
the guidelines to be approved as an emergency shelter. Also, our plan is to operate the facility
with private /grant funding and not charge localities the standard daily rate for providing services to
a teenager. Straight Street currently provides all services at no cost to teens/families /community
and our goal is continue to provide that same level of support.
The facility in Georgia for girls is amazing and we know that the former Sanctuary property will be
equally as nice or nicer. It is vital to provide the girls with a secure, peaceful place to start their
restoration process. Please find several interior pictures of the Wellspring Living facility. After
taking contractors in to determine the amount of work to be done, they are confident they can
create a warm, loving home environment. These are the same contractors that have worked with
Straight Street on our three buildings in Roanoke, helping to remodel and provide a safe, inviting
place for teenagers.
The work on the facility, road and property is extensive. Preliminary estimates to repair /replace the
road run from $10,000 to $75,000. The facility has had significant damage due to broken pipes
and will require drywall repair, replacement of the carpet/tile, paint, new bathrooms /kitchen
upgrades and then the work on the outside of the facility, including the roof, gutter and grounds
work. Also, the fire suppression system is not incompliance and in need of repair /upgrading. The
contractors have provided a rough estimate of the interior work to be $125,000, not including the
work on the fire suppression system and the exterior work — we have not completed those quotes
to date. In order to raise the needed funds to restore the facility and make it a home for hurting
girls, Straight Street needs to keep the purchase price low and would like to offer $3,000 or $100
per acre for the land and property. As mentioned earlier, it is our request that the Sanctuary
property and the former nursing home property be considered as one for security and for the long
tens planning to provide more services to minors rescued in Virginia and in need of help, hope and
healing.
Another interested fact about the location and the purpose it will serve, is the history of the Coyner
Springs area. In the mid 1800's, it was a resort, a stop along the way for people traveling via the
Virginia and Tennessee Railroad. People would travel to the resort for the natural springs, a place
of healing. They would go to one of the four natural springs known for their individual healing
properties.
It is amazing that a place that used to be the location for tourist seeking refuge and healing would
now be a place of healing for abused girls, victims of human trafficking. The former Sanctuary,
which means refuge, along with the history of Coyner Springs, a place of healing. Now fitting is ft
that thfs would once again be a place of refuge and healing.
Mr. Townsend, Mr. Morrill and members of Roanoke City Council, I appreciate your time and
consideration of this request. I know it is not the usual request, however, I am committed to
helping these precious victims and I am asking for your help and support in making this possible.
Sincerely,
Keith F�rmer
Director
"' RECE'VEO
■ ACT 2 2 2014
s t si�eet "'0En
CIrY z0,T"R
www.straiahtstreet. ora
P.O Box 11411 Roanoke, VA 24022 -1411 540.342.4971
October 22, 2014
Mr. R. Brian Townsend, Assistant City Manager
City of Roanoke
215 Church Ave
Roanoke, Virginia 24011
Dear Mr. Townsend:
Thank you for your time and counsel the past several months as I have collected information to
include in our proposal for the former Sanctuary property located at 108 Coyner Springs Rd in
Botetourt County. As I shared in previous letters, our goal is to provide shelter services for teens
in a crisis situation, rescued from human trafficking.
It is hard to imagine that human trafficking exists in America, but is does. Attached please find
several letters sharing about this issue in our community, one from a nurse at Carihon Hospital
and also one from The Roanoke Police Department.
The shelter that closed in June of 2010 will require substantial remodeling due to the damage and
deterioration from being unoccupied, vandalism and broken water pipes. I have met with
contractors to determine the following estimates of the major expenses: Roof $35,597; Replace
road $72,280; Update Sprinkler system $1,630; Interior remodel /update $265,011. The total is
approximately $400,000. The cost to remodel will require Straight Street to raise substantial
funding in order to reopen the shelter. Straight Street intends to raise the funds from the private
sector and also seek possible grants.
Straight Street is requesting that Roanoke City Council consider our offer of $3,000 for the
Sanctuary property and the adjoining property where the former nursing home was located. As
stated in a previous letter, the adjoining property is needed for expansion of additional related
services and for a safe buffer, providing a secure location for girls at the shelter.
Straight Street is requesting that Roanoke City Council allow Straight Street 12 -18 months to
raise the funding required to remodel the shelter and property. This should give us adequate time
to explore grants and private funding sources. We are encouraged by the community interest in
this property and are confident the funds will come forward to make this a reality. As stated in
previous letters, Straight Street is being mentored by Wellspring Living to develop the funding
Page 2
October 22, 2014
Straight Street letter
and operating plans for the shelter. We are also meeting with other long term shelter care
providers to determine how Straight Street can partner /learn from their operations. Attached
please find a letter from First Citizens Bank indicating their support for this project and
willingness to raise the funding necessary for remodeling/updates. One area businessman has
already pledged $50,000 to the construction fund, to be given by year end.
Any considerations given this request will be greatly appreciated. With the City's help, this
property will fill a huge need and make our valley a better place to live. Please contact me with
any questions.
In His S rvice,
�/
ctth tmer
Director
Contract for Purchase and Sale
of Real Property dated
2016 by and
Between the City of Roanoke,
Virginia and Straight Street Roanoke
Valley, Inc.
EXHIBIT C
FORM OF CASH ESCROW AGREEMENT
CASH ESCROW AGREEMENT
This Cash Escrow Agreement is dated , 201, by and between Straight Street
Roanoke Valley, Inc., a Virginia non -stock corporation ( "Buyer ") and the City of Roanoke, Virginia, a
Virginia municipal corporation ( "City").
RECITALS
WHEREAS, Buyer and City entered into a Contract for Purchase and Sale of Real Property dated
2015 (the "Contract ") which required security for Buyer's compliance with the terms
and conditions of the Contract, including completion of the Project in accordance with its plans and
permitting use of the completed Facility by Seller under the terms of the Contract (the "Performance
Security"); and
WHEREAS, Buyer has elected to post cash, as a cash escrow (the "Cash Escrow ") as the Performance
Security;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth,
and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the
parties, Buyer and the City hereby agree the above recitals are hereby incorporated into this Cash Escrow
Agreement and further agree as follows:
I . The City acknowledges receipt of the Cash Escrow in the amount of Twenty Five Thousand
and 00 /100 Dollars (525,000.00), to be invested, held, applied, and /or released in accordance with the
terms of this Cash Escrow Agreement
2. The condition of this Cash Escrow Agreement is that Buyer is held and firmly bound to the
City in the sum written above as security for Buyer's performance of the terns and conditions of the
Contract, incorporated herein. Buyer acknowledges and agrees that until complete, final, and satisfactory
performance of all of Buyer's obligations under the Contract, Buyer has no right or interest in the
proceeds of the Cash Escrow provided pursuant to this Cash Escrow Agreement.
3. The City shall deposit the proceeds of said Cash Escrow amount with the City Treasurer in an
interest - bearing account of the City in an institution insured by FDIC or FSLIC for the term of the
performance Security as provided in this Cash Escrow Agreement and any approved extensions thereof,
provided that the principal sum maybe reduced in accordance with the terms of the Contract. In the event
that the amount of the Cash Escrow is reduced in accordance with the terns of the Contract, the amount of
any such reduction shall be delivered to Developer in accordance with the terms of the Contract.
4. If Buyer fails to comply with any of the terms and conditions of the Contract or any of
Developer's obligations under the Contract and City therefore has the right to call on the performance
Security as provided in Section 14(A)(3) of the Contract, the City shall have the right to withdraw the
principal sum of the Cash Escrow without notice to Buyer or delay in accordance with said Section
14(A)(3) of the Contract, together with my interest earned.
5. Only at such time as the Buyer has complied with all terms and conditions and obligations of
Buyer under the Contract and Buyer therefore is no longer obligated to provide performance Security
pursuant to Section 14(A)(1) of the Contract, Buyer shall have the right to receive the Cash Escrow and
all accred interest remaining on deposit and the same shall be released by the City and delivered to the
Buyer within thirty (30) days following written request by Buyer to City in accordance with Section 17 of
the Contract.
6. This Cash Escrow Agreement shall be govemed by the laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, Buyer and City have executed this Cash Escrow Agreement by their
authorized representatives.
SIGNATURES APPEAR ON FOLLOWING PAGES
BUYER:
STRAIGHT STREET ROANOKE VALLEY, INC.
By:
Witness /attest:
CITY OF ROANOKE, VIRGINIA:
Christopher P. Morrill
City Manager
Witness /attest:
City Clerk
Approved as to form
City Attorney
Contract for Purchase and Sale
of Real Property dated
, 2016 by and
Between the City of Roanoke,
Virginia and Straight Street Roanoke
Valley, Inc.
EXHIBIT D
FORM OF IRREVOCABLE LETTER OF CREDIT
[Bank Letterhead]
201
Irrevocable Standby Letter of Credit
Letter of Credit No.
Issue Date: _ 201_
Expiry Date:
Amount: $25,000.00 (USD Twenty Five Thousand and 00 /100)
CITY OF ROANOKE, VIRGINIA
CHRISTOPHER P. MORRILL, CITY MANAGER
MUNICIPAL BUILDING ROOM 364
215 CHURCH AVENUE, S.W.
ROANOKE, VIRGINIA 24011
Dear Mr. Morrill:
We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of
Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on
Bank bearing the clause, "Drawn under Bank Letter
of Credit Number _ ", accompanied by the following documents:
This Letter of Credit and a certified statement signed by the City Manager or other designated City
Official of the City of Remake, Virginia, stating that has not
complied with the terms and conditions of a dated , by and between
and the City of Roanoke, Virginia, (the" "), and that the amount of
funds requested are due to the City of Roanoke, Virginia, for _ failure to
comply with the terms of the
This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not
in any way be modified, amended, or amplified by reference to any document or contract referred to
herein.
This irrevocable letter of credit shall remain in full force until and including _, and shall
automatically renew itself from year to year thereafter unless and until
Bank shall give ninety (90) days prior notice to the City of Roanoke, Virginia, by certified mail, return
receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During
the last thirty (30) days during which the letter of credit is in full force and effect, the City may draw up to
the full amount available under the letter of credit with a draft accompanied by a document stating the
, or its agent has not compiled with the and /or has not provided an
acceptable substitute irrevocable letter of credit.
We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of
this letter of credit shall be duly honored if presented together with document(s) as specified and the
original of this credit, at our office located at
Roanoke, Virginia __ on or before 12:00 noon on the above stated expiry date or any
renewal thereof.
Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and
Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on
the date of issuance of this credit.
Sincerely,
Bank
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
STRAIGHT STREET ROANOKE VALLEY. INC.
Ann Keith Farmer
STEPHANIE M. MOON REYNOLDS, CITY CLERK
4TH FLOOR, NOEL C. TAYLOR MUNICIPAL
BUILDING
215 CHURCH AVENUE, S.W., ROOM 456
ROANOKE. VA 24018
Account Number
604]21]
Date
March 14, 2016
Date Category Description Ad Size Total COSt
0312012016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke. Virginia 1 x 80 L 434.80
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 NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
03/14/2016
The First insertion being given... 03114/2016
Newspaper reference: 0000281663
4usr —-
Billing 6presentative
Sworn to and subscribed before me this Monday, March 14, 2016
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
M,yf
otary 6bli
�� P. .....
'.
State of Virginia
ti.. VUb—IC
City /County of Roanoke
My Commission expires
_ * ; cE6. + °'2g6a
n CrY HE 510 J :
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
The City of Roanoke, Virginia
( "City ") proposes to sell and convey
two parcels of City ownetl real star,
together with any buildings and
Improvements thereon, Situated on
Coiner Springs Read area of BOtetiourt
County. Commonwealth of Virginia
(collectively, the 'properties '9, to
Straigbl Street Roanoke Valley, Inc., a
Virginia cmporatmn ("Straight
Street "). The Properties are more
particularly described as follows (O a
parcel of City owned real property,
together with buildings and
improvements thereon, situated at 108
Coyner Springs Road, Botetourt
County. Virginia, containing
approximately 6.928 acres of land,
No
bearing Official tax Map No. need sea;
and (ii) a parcel of City owned real
property, together with n, buildings
and improvements
Springs thereon, situated at
Coyner Springs Road ontMOUg
County, Virginia, of and
approximately 23.18 acres of land, and
bearing Official Tax Mao No.IBB.
The Cloy proposes to sell And c a...onvey
the Properties to Straight In
c«durance with me terms ms and
ontracts set tone In a proposed f Real
Property for Purchase
adase and Sale of Real
2016 ('Prwlph a Contddte of copy 1,
the Proposed setl Contract'), 9.a cape of
the PlyDOSet Contract is available In
the City CICrMu Office. Room 455, Noel
C. Taylor Municipal Building. 215
24011, Avenue, 5 W., Roanoke. Virginia
011.
Pursuant to Sections 15.2 IBW and
from
opper ity to be heard, and express
their rpinions on this matter.
If you are a person with a disability
who needs Ar mmutatime far this
Fearing, please contact the City Clerk's
Office at e0)853 -2531, rude 1210
noon on Thursday, Mardi 17, 2016.
Given under my hand this Rh day
of March, 2016
Stephanie M. Moon Reynnitls
City Clerk
(281663)
MIA r
NOTICE OF PUBLIC HEARING
The City of Roanoke, Virginia ( "City ") proposes to sell and convey two parcels of City -owned
real estate, together with any buildings and improvements thereon, situated on Coyner Springs
Road area of Botetourt County, Commonwealth of Virginia (collectively, the "Properties "), to
Straight Street Roanoke Valley, Inc., a Virginia corporation (`Straight Street"). The Properties
are more particularly described as follows: (i) a parcel of City -owned real property, together
with buildings and improvements thereon, situated at 108 Coyner Springs Road, Botetourt
County, Virginia, containing approximately 6.928 acres of land, bearing Official Tax Map No.
108(9)1B; and (ii) a parcel of City -owned real property, together with any buildings and
improvements thereon, situated at Coyner Springs Road, Botetourt County, Virginia, containing
approximately 23.48 acres of land, and bearing Official Tax Map No. 108(9)IA. The City
proposes to sell and convey the Properties to Straight Street in accordance with the terms and
conditions set forth in a proposed Contract for Purchase and Sale of Real Property, with a draft
date of March 7, 2016 ( "Proposed Contract"), a copy of the Proposed Contract is available in the
City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011.
Pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, notice is
hereby given that the City Council of the City of Roanoke, Virginia will hold a public hearing on
the above matter at its regular meeting to be held on Monday, March 21, 2016, commencing at
7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
Further information, including a copy of the Proposed Contract, is available from the Office of
the City Clerk, at Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, Roanoke,
Virginia 24011 or by calling (540)853 -2541. Citizens and any other interested persons shall
have the opportunity to be heard, and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this hearing, please contact
the City Clerk's Off-ice at (540)853 -2541, before 12:00 noon on Thursday, March 17, 2016.
Given under my hand this 7th day of March, 2016.
Stephanie M. Moon Reynolds
City Clerk
Please publish once in Legal Section of The Roanoke Times on Monday, March 14, 2016.
Please send affidavit of publication to
Stephanie M. Moon Reynolds, City Clerk
4" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Please send bill to:
Keith Farmer
Straight Street Roanoke Valley, Inc.
P.O. Box 11411
Roanoke, VA 24022
TWENTY-THIRD JUDICIAL DISTRICT
OF VIRGINIA
P} III I 1' TROMPETER,
M1LODGE NVENILE A NO DOMETIC RELATIONS."EI, ('UI1RI
AI E MAM 11DA 2 SCE, THE CITY OF RO..
,A ISM 387 RG}NIA 11153 -E3AJ
^IX L 3 U) 381 "ENT, AND DOMESTIC M1EIATIONS D6TRIR COIIRI
%f500)3d/'6ZT1 FOR THE COUNTYOFROANORE
JUVENILE AND DOMESTIC RELATIONS DU TRR:I C ( IURI
FOR THE CITY OF SALEM
COMMONWEALTH OF VIRGI.H.
March 15, 2016
The Honorable Members of Roanoke City Council
Municipal Building
Roanoke, Virginia
Dear Mayor Bowers and Members of Roanoke City Council:
I am delighted to provide this letter in support of
Straight Street's plans to secure property owned by the City
of Roanoke for a youth shelter and residential program for
teens who are preyed upon in the sex trafficking scourge.
Regrettably, my schedule does not permit me to attend the
upcoming public hearing, and I very much wanted to express
my heartfelt support for Straight Street's leadership in
providing the first such resource for children and their
concerned families. This organization has long been an
important and unique program helping at -risk youth find
strength and focus into their young adult years. They have
also demonstrated an important and respected relationship
with law enforcement and the juvenile court system. Straight
Street commenced its work in the heart of Downtown Roanoke and
have partnered with everyone in the public and private human
resource sector in such a wonderful way.
In the last few years, Straight Street has become a
leader in the Commonwealth of Virginia in wanting to bring
the issue of sex trafficking to the public's mind, and they are
now prepared to go forward with their plan to realize the goal
of providing this much needed shelter. I hope that you will
support their effort, and I appreciate your kind consideration
on their behalf.
Sincerely,
Philip Trompeter,(
Retired Judge
PT:m