HomeMy WebLinkAboutCouncil Actions 11-21-16ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 21, 2016
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
GARLAND
40698 - 112116
1. 0811 to Order- -Roll 0811. Council Member Ferris arrived late.
The Invocation was delivered by The Reverend Whitney Burton, Associate
for Youth, Young Adult and Community Life, St. John Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Friday, November 25 at 7:00 p.m., and Sunday, November 27 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 Council of the City of Roanoke is seeking applications for the following
current vacancies and /or upcoming expirations of terms of office:
Board of Zoning Appeals — two vacancies
Three -year terms of office ending December 31, 2020
Human Services Advisory Board — one vacancy
Unexpired term of office ending November 30, 2018
Personnel and Employment Practices Commission — two vacancies
Unexpired term of office ending June 30, 2018
Three -year term of office ending June 30, 2019
Roanoke Valley Greenway Commission — one vacancy
Unexpired term of office ending June 30, 2019
Contact the City Clerk's Office at 853 -2541, or access the City's homepage to
complete an online application.
Mayor Lea shared a "Thanksgiving 2016" message of encouragement to
City Council and the viewing audience.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the Department of Technology on Roanoke being named a Top
Digital City for 15 consecutive years.
Mayor Lea recognized Roy Mentkow, Director of Technology and staff on
Roanoke being named as a Top Digital City for the 15th consecutive year.
Recognition of the Office of Communications on receipt of two Gold Summit
Awards from the Public Relations Society of America, Blue Ridge Chapter; and
three 3CMA Awards from the City- County Communications and Marketing
Association.
Mayor Lea presented Melinda Mayo, Communications and Media Officer;
and Timothy Martin, Communications and Media Coordinator, Gold Summit
Awards from the Public Relations Society of American, Blue Ridge
Chapter; and 3CMA Awards from the City- County Communications and
Marketing Association.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
4. CONSENT AGENDA:
(APPROVED 6 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
C -1 A communication from Council Member David B. Trinkle, Chair, City
Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss a personnel matter, being the mid -year performances of
Council- Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Attorney requesting that City Council
schedule a public hearing for Monday, December 19, 2016 at 7:00 p.m., or as
soon thereafter as the matter may be heard, or as such later date and time as the
City Manager may determine, with regard to a proposed change in the City
Charter.
RECOMMENDED ACTION: Concurred in the request.
C -3 A communication from the City Clerk advising of the resignation of
James D. Ritchie, Sr., as a City representative of the Roanoke Greenway
Commission, effective December 31, 2016.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -4 A communication from the City Clerk advising of the resignation of Susan
Reese as a member of the Human Services Advisory Board, effective
immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -5 A communication from Debbie Bonniwell, Chief Executive Officer, Blue
Ridge Behavioral Healthcare, requesting that Council ratify the appointment of
Colonel Bobby Russell as an at -large member of the Board of Directors to fill the
unexpired term of Greg Hamilton ending December 31, 2018.
RECOMMENDED ACTION: Concurred in the request.
C -6 Reports of qualification of the following individuals:
Amelia Merchant as a member (City Manager designee) of the
Defined Contribution Board to fill the unexpired term of Sherman M.
Stovall, Assistant City Manager for Operations, ending June 30,
2017;
Tom Roller as a member of the Roanoke Civic Center Commission
for a term of office ending September 30, 2019; and
Bradley Stephens as a member of the Human Services Advisory
Board for a four -year term of office ending November 30, 2020.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
BID OPENINGS:
Bids for the sale and transfer of a certain easement on City -owned properties
within the City, in connection with the Hotel Project at Market Garage situated at
27 Church Avenue, S. E.
Sole bid received from South Commonwealth Partners, LLC, and referred
to the City Manager for review and recommendation to the Council.
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of 100 Fearless Peacemakers to share information with regard to
upcoming activities of the organization. Shawn Hunter, Supreme Captain,
Spokesperson. (Sponsored by Mayor Lea and Vice -Mayor Price)
Shawn Hunter and 100 Fearless Peacemakers group attended the
7:00 p.m. Regular Session.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
Report regarding the Zoning Amendments that were approved by the
City Planning Commission and proposed adoption by the Council at
its 7:00 p.m. session.
ITEMS RECOMMENDED FOR ACTION:
1. Acknowledgement of Western Virginia Workforce Development
Board Program Year 2016 Workforce Innovation and Opportunity
Act (WIOA) funding for award period July 1, 2016 to June 30, 2018.
Adopted Resolution No. 40698-112116. (6-0)
During comments by the Council regarding the WOIA program,
Council Member Ferris entered the meeting (3:57 p.m.)
2. Acceptance and appropriation of the Byrne Justice Assistance
Grant funds from the Virginia Department of Criminal Justice
Services to support the Positive Action in Roanoke Project.
Adopted Resolution No. 40699 - 112116 (6 -0) and Budget
Ordinance No. 40700 - 112116. (7 -0)
3. Acceptance of a donation from the Firehouse Subs Public Safety
Foundation for police ballistic shields and tourniquets.
Adopted Resolution No. 40701-112116. (7 -0)
4. Execution of Amendment No. 1 to the contract with Line and
Grade, LLC, for additional engineering design services in
connection with the Colonial Avenue Improvements Project.
Adopted Resolution No. 40702-112116. (7 -0)
5. Execution of Amendment No. 2 to the contract with AECOM
Technical Services, Inc., to provide engineering design services in
connection with the Franklin Road Bridge replacement over Norfolk
Southern Railway.
Adopted Resolution No. 40703-112116. (7 -0)
COMMENTS OF CITY MANAGER.
The City Manager offered the following comments:
Roanoke Retains Bicycle Friendly Status
• Recently, the League of American Bicyclists announced 26 new and
77 renewing Bicycle Friendly Communities. Among the communities
who renewed their status, the City of Roanoke continues to hold a
Bronze award.
• In total, 140 communities applied for recognition. Roanoke joins a
leading group of communities, in all 50 states, that are transforming
communities into bicycle friendly places.
• There are now 404 communities recognized for their efforts to make
biking better.
• The Bronze award recognizes Roanoke's commitment to improving
conditions for bicycling through investment in bicycling promotion,
education programs, infrastructure and pro - bicycling policies.
• The Bicycle Friendly Communities program provides a benchmark for
communities to evaluate these conditions and policies, while
highlighting areas for improvement. The national scope of the program
also promotes competition and comparison between communities.
Trash Collection Schedule Changes This Week
City offices will be closed on Thursday and Friday, November 24 and 25,
for the Thanksgiving holiday. As a result, the following schedule will be in
effect:
For Residential Collection —If your normal collection day is:
• Monday, collection will be on schedule
• Tuesday, collection will be on Monday
• Wednesday, collection will be on Tuesday
• Thursday, collection will be on Wednesday
For the Central Business District — customers who are normally
serviced on Thursday mornings will be serviced on Wednesday, Nov
23.
• Crews will continue to service compactors and litter containers all
week.
• For more information, call 853 -2000, option 1.
E -911 Accreditation Assessment Team Invites Public Comment
• The City's E -911 Center is scheduled for an on -site assessment —
conducted by the Commission on Accreditation for Law Enforcement
Agencies, Inc. — as part of a program to achieve re- accreditation by
verifying it meets professional public safety communications standards.
As part of the re- accreditation process, the public is invited to offer
comments about our E911 Center by calling 853 -2308 on Wednesday,
November 30; from 1:00 to 3:00 p.m. Comments will be taken by an
Assessment Team from CALEA.
Telephone comments are limited to 10 minutes and must address the
agency's ability to comply with CALEA standards. A copy of the
standards is available for review by contacting E911 Operations
Specialist Rebekah Stephens at 853 -5348.
Anyone wishing to submit written comments about Roanoke's E -911
Center's ability to comply with the standards for re- accreditation may
send them to the Commission on Accreditation for Law Enforcement
Agencies, Inc. (CALEA), 13575 Heathcote Boulevard, Suite 320,
Gainesville, Virginia 20155.
Dickens of a Christmas Events
Friday, December 2, Dickens of a Christmas — Tree Lighting (Wells
Fargo Plaza), Tree Lighting will be at 6:15 p.m.
Friday, December 9, Dickens of a Christmas — Christmas Parade
(downtown), 6:00 - 10:00 p.m.
Friday, December 16, Dickens of a Christmas — RVSPCA Pet Costume
Contest (downtown), 6:00 -10:00 p.m.
Elmwood on Ice
• The ice rink has returned to Elmwood Park for Elmwood on Ice.
• New this year, we will have an ice slide, and there will be ice seals for
those who are not steady on their feet but want to ice skate.
8. REPORTS OF COMMITTEES:
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. 40704-112116. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Bestpitch acknowledged his attendance at the
National League of Cities' City Summit held in Pittsburgh,
Pennsylvania on November 16 — 19; and heard speaker, Vernice
Armour, a former United States Marine Corps officer who was the
first African- American female naval aviator in the Marine Corps and
the first African American female combat pilot in the U.S. Armed
Forces. He encouraged all to visit her website:
freestufffromflvo i rl.com
Mayor Lea encouraged Council's support and attendance to The
Roanoke Rail Yard Dawgs Hockey home games at the Berglund
Center.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 4:27 P. M.
THE COUNCIL MEETING STOOD IN RECESS TO BE RECONVENED AT
7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR
MUNICIPAL BUILDING.
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 21, 2016
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. Council Member Trinkle was absent.
The Invocation was delivered by Mayor Sherman P. Lea, Sr.
The Pledge of Allegiance to the Flag of the United States of America was
led by the Cub Scout Pack 8, Webelos with Mark Ching, Leader.
Welcome, Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (6 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Friday, November 25 at 7:00 p.m., and Sunday, November 27 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.
Mayor Lea recognized Devante Lewis Tinsley, sophomore at William
Fleming High School and great - grandson the late Reverend Carl T. Tinsley.
A. PRESENTATION AND ACKNOWLEDGEMENTS:
Recognition of winners of the 12th Annual Fire Prevention Week Art Contest.
Mayor Lea recognized Tiffany Bradbury, Roanoke Fire Prevention
Specialist, and he introduced students and provided Certificates of
Achievement to the winners of the contest.
Shawn Hunter, Supreme Captain and Pamela Smith of 100 Fearless
Peacemakers, previously scheduled to appear before the Council at the
2:00 p.m., shared the group's mission and requested support from the City
of Roanoke and community.
B. PUBLIC HEARINGS:
1. Request of Ivy View, LLC, to repeal all proffers related to a previous
rezoning located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S. W.
Maryellen Goodlatte, Esquire, Spokesperson.
Adopted Ordinance No. 40705-112116. (6 -0)
2. Request of the City of Roanoke to rezone and repeal all proffers related to
a previous rezoning at 2002 Blue Hills Drive, N. E., from 1 -1, Light
Industrial District, with conditions, and ROS, Recreation and Open Space
District, to 1 -1, Light Industrial District. Ian Shaw, Agent, Spokesperson.
Adopted Ordinance No. 40706. 112116. (6.0)
3. Request of the City of Roanoke Planning Commission to amend
Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended,
to update the Zoning Ordinance. Ian Shaw, Agent, Spokesperson.
Public Hearing continued until Monday, December 5, 2016 at
2:00 p.m.
4. Request of the City of Roanoke Planning Commission to amend
Chapter31.1, Subdivisions, Code of the City of Roanoke, (1979), as
amended, to update the Subdivision Ordinance. Ian Shaw, Agent,
Spokesperson.
Public Hearing continued until Monday, December 5, 2016 at
2:00 p.m.
5. Request of the City of Roanoke Planning Commission to amend the City's
Fee Compendium to create new fees for zoning modifications and plat and
plan review; and to amend rezoning fees. Ian Shaw, Agent,
Spokesperson.
Public Hearing continued until Monday, December 5, 2016 at
2:00 p.m.
10
6. Request of the City of Roanoke regarding a Deed of Easement, subject to
certain terms and conditions, in connection with the Hotel Project situated
at 27 Church Avenue, S. E. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40707-112116. (6 -0)
C. OTHER BUSINESS:
A report of the City Manager recommending approval of an encroachment
permit for installation of a connection to an electrical box into the City's
public right -of -way adjacent to the new Hampton Inn and Suites at 27
Church Avenue, S. E.
Adopted Ordinance No. 40708-112116. (6 -0)
2. A report of the City Manager recommending approval of a revised
Performance Agreement among the City, the Economic Development
Authority of the City of Roanoke, Virginia, and HRP Ivy Market, LLC.
Adopted Ordinance No. 40709-112116. (6 -0)
D. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Terry Huxhold, 1125 16'h Street, S. E., appeared before Council regarding
sidewalks, crosswalks and lack of handicap accessibility in the
Morningside Manor independent living neighborhood.
E. ADJOURNED -8:44 P.M.
11
November 22, 2016
The Reverend Whitney Burton
Associate Rector of St. John Episcopal Church
1 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Burton:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, November 21, 2016.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely, Q
Stephanie M. Moon Reynolds, MM
City Clerk
SMR:aa
CITY OF ROANOKE
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OFFICE OF TIIE CITY CLERK
215 Chnre6 Avenne, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (5411) X.51 -2541
Fax: (5411)853-1145
S I'ITHANIE M. MOON REYNOLDS, MM('
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November 22, 2016
The Reverend Whitney Burton
Associate Rector of St. John Episcopal Church
1 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Burton:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, November 21, 2016.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely, Q
Stephanie M. Moon Reynolds, MM
City Clerk
SMR:aa
THANKSGIVING 2016
Throughout the United States, Americans are preparing for
the Thanksgiving holiday with families and friends. Our country
is also preparing for changes in our federal government as a new
president assumes office in January 2017. These changes present
challenges and opportunities for our country, its political
institutions, and its people. At this time, it is especially
appropriate to reflect upon the unique character and strength of
our community.
During 2016 our community witnessed many important
developments that will provide our people with exciting and
innovative economic opportunities. These developments will
provide us with a strong foundation upon which we can build
our community. Our public schools are providing inspirational
educational opportunities for all of our children and these
opportunities will equip the next generation of Roanokers with
the critical skills needed to compete and succeed in the world.
Our community institutions work closely with local
governmental agencies to ensure that essential services are
available to all. Our region has also made significant
commitments in protecting and enhancing our environment for
our enjoyment and quality of life. These achievements are
worthy of acknowledgement and applause. But, in the end, these
accomplishments do not define the qualities that make Roanoke
and our region so special.
Roanoke is a special place because of its people. Our
unifying strength is founded in the diversity of our community.
We embrace and celebrate the 105 nationalities that call
Roanoke home. We encourage each other to share our cultural
traditions so that we all can understand and learn from our
different backgrounds and experiences. We are also a
welcoming community that recognizes that each person,
2
regardless of race, creed, color, nationality, or sexual
orientation, makes Roanoke a stronger and better place in which
to live, work, and enjoy life. We are a tolerant community that
allows each individual to achieve her or his potential. As Maya
Angelou observed:
We can learn to see each other
and see ourselves in each other
and recognize that human beings
are more alike than we are unalike.
While we are tolerant and welcoming, we also demand that
we respect each other in order to build a stronger and more
sustainable community. The recently concluded presidential
campaign was filled with divisiveness that distracted and
disrupted our national commitment to creating a more perfect
union, one Nation under God. We should not, and we cannot,
3
allow that divisiveness to define our country because, in the end,
we, the people, will suffer. We must reject any challenge to the
basic principle on which our country was founded; that all
women and men are created equal. We must appreciate and
respect the differences in our opinions and ideas because,
through appreciation and respect, we can all learn.
As we approach Thanksgiving this year, I ask each of you
to give thanks to all of the blessings that we have received this
year and reaffirm the fundamental truth of our community; that
is, out of many, we are one. In so doing, together we can ensure
that Roanoke remains our special place for all of our citizens.
Stay encouraged.
Sherman P. Lea, Sr.
Mayor
4
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CITY OF ROANOKE
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CITY COUNCIL
215 Church Avenne, 5. W.
Noel C. Taylor Municipal Building, Suite 456
`'P�RCtN�F
Roanoke, Virginia inia24011 -1536
Telephone: (540) 853 -2541
SHERMAN P. LEA, SR.
Fax (540) 853 -1145
Council Members
Mayor
Email clerk @manokeva.gov
William D. Bestpitch
Michelle L. Dykstra
Raphael E. `Ray" Firms
John A. Garland
Anita J. Price
David B. Triukle
November 21, 2016
The Honorable Mayor Sherman P. Lea and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I wish to request a Closed Meeting to discuss the mid -year performance of the Council -
Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as
amended.
Sinc rely, (� //0
D id . Tnnkle, Chaim
City Council Personnel Committee
DST:ctw
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401M595
TELEPHONE 540. 853.2431
FAX 540-8531221
EMAIL ciryarry@ruanokeva.gov
November 21. 2016
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
Re: Request to schedule a public hearing to consider requesting the General Assembly
Adopt an amendment to the City Charter
Honorable Mayor and Members of Council
The City Council Legislative Committee recommended, and Council adopted, the 2017 Legislative
Program for Council. One item included in the 2017 Legislative Program requests that the General
Assembly amend Section 10 of the City Charter to require Council to meet in regular session at least once
each month. Presently, Section 10 requires Council to meet at least twice each month. The objective of
this proposal is to provide Council with greater flexibility in setting its schedule. Under current State
Code, in the absence of a specific charter provision, the local governing body of a city must meet at least
six (6) times during each fiscal year (Section 15.2- 1416).
State Code permits a governing body to request the General Assembly to amend the locality's charter,
after a public hearing at which time citizens may be heard on the matter (Section 15.2 -202).
Advertisement of the public hearing must be at least ten (10) days prior to the public hearing.
Action requested.
Authorize the scheduling of a public hearing for Monday, December 19, 2016, at 2:00 p.m., or at such
time as the matter may be reached, or at such later date and time as the City Manager may determine, to
consider the comments of citizens on amending the City Charter to adjust the required minimum number
of meetings of City Council from at least two (2) regular session meetings each month to at least one (1)
regular session each month.
Res ectfully re nested,
n
k
Daniel allagh•
City torney
DJC /lsc
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameroo, Director of Finance
Troy D. I- Iarmon, City Auditor
Stephanie Moon Reynolds, City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy Chy Clerk
November 22, 2016
James D. Ritchie
4707 Arnold Drive, N. E.
Roanoke, Virginia 24019
Dear Mc, Ritchie:
f
Your communication advising of your resignation as a City representative of the
Roanoke Greenway Commission, effective December 31, 2016, was before the Council
of the City of Roanoke at a regular meeting, which was held on Monday, November 21,
2016.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a City representative of the Roanoke
Greenway Commission, from May 3, 2010 to December 31, 2016. Please find enclosed
a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Liz Belcher, Roanoke Greenway Coordinator, 1206 Kessler Mill Road, Salem,
Virginia 24153
CITY OF ROANOKE
60
OFFICE OF THE CITY CLERK
215 Church Avenue, 5, W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)653 -2541
F.: (540)853-1145
STEPHANIE M. MOON REYNOLDS. MIMIC
E -mail clerk @roanokeva.gov CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy Chy Clerk
November 22, 2016
James D. Ritchie
4707 Arnold Drive, N. E.
Roanoke, Virginia 24019
Dear Mc, Ritchie:
f
Your communication advising of your resignation as a City representative of the
Roanoke Greenway Commission, effective December 31, 2016, was before the Council
of the City of Roanoke at a regular meeting, which was held on Monday, November 21,
2016.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a City representative of the Roanoke
Greenway Commission, from May 3, 2010 to December 31, 2016. Please find enclosed
a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Liz Belcher, Roanoke Greenway Coordinator, 1206 Kessler Mill Road, Salem,
Virginia 24153
CERTIFICATE OF APPRECIATION
PRESENTED TO
JAMES D. RITCHIE
AS A MEMBER OF THE
ROANOKE GREENWAY COMMISSION
FROM MAY 3, 2010
TO DECEMBER 31, 2016
ON THIS 22ND DAY OF NOVEMBER , 2016
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE
FAITHFULLY RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST: �j�
%SME MI' •!��Av�Q�jy1D�dG✓
SHERMAN P. LEA, SR. STET HANIE M. MOON OL MMC
MAYOR CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephme: (540) 853 -2541
Fax: (540) 853 -1145
S I EPILANIF. M. MOON REYNOLDS, NINIC E -mail: clerk('roannknegm'
City Clerk
November 21, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOV
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
This is to advise that James D. Ritchie, Sr., has tendered his resignation as a City
representative of the Roanoke Greenway Commission, effective December 31, 2016,
due to relocation out of the City.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Page 1 of l
Fwd: Resingnaton
Stephanie Moon
to
Cecelia Webb
1 1 / 17/2016 06:43 AM
Hide Details
From: Stephanie Moon/Employees/City of Roanoke
To: Cecelia Webb/Employees/City of Roanoke @city_of roanoke,
Stephanie M. Moon, MMC
City Clerk
On Nov 17, 2016, 5:07:20 AM, jdcycle @hotmail.com wrote:
From: jdcycle @hotmail.com
To: stephanie.moon @roanokeva.gov
Cc: liz.belcher@greenways.org
Date: Nov 17, 2016 5:07:20 AM
Subject: Resingnaton
I request city council accept my resignation as their appointee to the Roanoke Valley Greenway
Commission effective December 31, 2016 because I am relocating from this area. I appreciate very
much the opportunity to serve with such an effective and hand working group of board members and
staff.
file : / / /C:/ Users /CKCTI /AppData/Local /Temp /notesEl EF34 /— web0394.htm 11/17/2016
November 22, 2016
Susan L. Reese
3735 Heritage Road, S. W.
Roan e, Vir inia 24015
Dear ees
CECELIA T. WEBB, CIVIC
Arthfitt,t Deputy CID Clerk
Your communication advising of your resignation as a member of the Human Services
Advisory Board, effective immediately, was before the Council of the City of Roanoke at
a regular meeting, which was held on Monday, November 21, 2016.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Human Services Advisory
Board, from May 3, 2010 to November 21, 2016. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
a
Stephanie M. Moon Reynolds, NTMC
City Clerk
Enclosure
c: Teresa I. McDaniel, Secretary, Human Services Advisory Board
tr�
CITY OF ROANOKE
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
_
Telephone: (540)853.2541
Pvx: (540) 853-1145
S LPIIANIE M. MOON REYNOLDS, MMC
E <uvil: C'ECELIA F. MC'COY
City Clerk
Deputy City Clerk
November 22, 2016
Susan L. Reese
3735 Heritage Road, S. W.
Roan e, Vir inia 24015
Dear ees
CECELIA T. WEBB, CIVIC
Arthfitt,t Deputy CID Clerk
Your communication advising of your resignation as a member of the Human Services
Advisory Board, effective immediately, was before the Council of the City of Roanoke at
a regular meeting, which was held on Monday, November 21, 2016.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Human Services Advisory
Board, from May 3, 2010 to November 21, 2016. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
a
Stephanie M. Moon Reynolds, NTMC
City Clerk
Enclosure
c: Teresa I. McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
SUSAN L. REESE
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
FROM MAY 3, 2010
TO NOVEMBER 21, 2016
ON THIS 22ND DAY OF NOVEMBER , 2016
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE
FAITHFULLY RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
J . ` XtJI�/
SHERMAN P. LEA, ST PHANIE M. MOON YNOL MMC
MAYOR CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephane: (540) 853 -2541
Far: (54U) 853 -1145
St EFIIANIE M. MOON REYNOLDS, MNIC E -mail clerk(u'.roanokeva.gm'
Ciry Clerk
November 21, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City C Ierk
CECELIA T. W'EBB, CMC
Assistaut Deputy City Clerk
This is to advise that Susan Reese has tendered her resignation as a member of the
Human Services Advisory Board, effective immediately.
Sincerely,
Si 1
Stephanie M. Moon Reynolds, MMC
City Clerk
Page 1 of 1
Fwd: Resignation from Human Services Board
Stephanie Moon
to:
Cecelia Webb
11/16/2016 10:30 AM
Hide Details
From: Stephanie Moon/Employees /City_of Roanoke
To: Cecelia Webb /Employees/City_of Roanoke @city_of roanoke,
Stephanie M. Moon, MMC
City Clerk
On Nov 16, 2016, 10:17:27 AM, susan.reese @dss.virginia.gov wrote
From: susan.reese @dss.virginia.gov
To: Stephanie. Moon @roanokeva.gov
Cc: jenny. alexander @ roanokeva.gov
Date: Nov 16, 2016 10:17:27 AM
Subject: Resignation from Human Services Board
Hi Stephanie,
I am writing to submit my resignation from the City of Roanoke Human Services Advisory Board. I have recently
accepted a position in Richmond as Senior Assistant Director of the Family Services Division at the Virginia
Department of Social Services. I am super excited about my new position, but sad that it necessitates leaving
some things here in Roanoke, such as the Human Services Board. We are keeping our home and residence here
in Roanoke City and I will be home frequently — and I will have an apartment in downtown Richmond.
Be sure to keep me in the loop about any Fleming reunion activities!
Sue
Susan L. Reese, Regional Director
Virginia Department of Social Services
Piedmont Region
Cell: (540) 525 -0367
fil e: / / /C:[Users /CKCTI /AppData/Local /Temp /notesEl EF34/—web2O58.htm 11/16/2016
November 22, 2016
Debbie Bonniwell, MBA, MSSW, LCSW
Chief Executive Officer
Blue Ridge Behavioral Healthcare
301 Elm Avenue, SW
Roanoke, Virginia 24016 -4001
Dear Ms. Bonniwell:
Your communication recommending concurrence in the appointment of Colonel Bobby
Russell as a Board nominee of the Blue Ridge Behavioral Healthcare Board of Directors
to fill the unexpired term of Greg Hamilton ending December 31, 2018, was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 21, 2016.
On motion, duly seconded and adopted, Council concurred in the appointment of
Colonel Russell as abovereferenced.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
r
}'
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)8532541
Fnx: (540)853 -1145
STEPHANIE M. MOON REVNOLDS, MMC
E -mail: clerk@roauokeva.guv
City Clerk
CECELIA F. MCCOV
Deputy City Clerk
CECELIAT. WEBB, CMC
Assistant Deputy Cip Clerk
November 22, 2016
Debbie Bonniwell, MBA, MSSW, LCSW
Chief Executive Officer
Blue Ridge Behavioral Healthcare
301 Elm Avenue, SW
Roanoke, Virginia 24016 -4001
Dear Ms. Bonniwell:
Your communication recommending concurrence in the appointment of Colonel Bobby
Russell as a Board nominee of the Blue Ridge Behavioral Healthcare Board of Directors
to fill the unexpired term of Greg Hamilton ending December 31, 2018, was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 21, 2016.
On motion, duly seconded and adopted, Council concurred in the appointment of
Colonel Russell as abovereferenced.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Debbie Bonniwell, MBA, MSSW, LCSW
Chief Executive Officer
Blue Ridge Behavioral Healthcare
November 22, 2016
Page 2
c: Linda Manns, Secretary, Blue Ridge Behavioral Healthcare Board of Directors,
301 Elm Avenue, S. W., Roanoke, Virginia 24016 -4001
Debbie Jacks, Deputy Clerk, Roanoke County Board of Supervisors, P. O. Box
29800, Roanoke, Virginia 24018 -0798
Crystal LaBrie, Clerk, Salem City Council, 114 North Broad Street, Salem,
Virginia 24153
Susan Fain, Deputy Clerk to the Board, Botetourt County, 1 West Main Street,
Box 1, Fincastle, Virginia 24090
Clay Goodman, Clerk to the Board, Craig County, P. O. Box 308, New Castle,
Virginia 24127
Blue Ridge
Behavioral
Healthcare
October 31, 2016
.Mr. Christopher P. Morrill
City Manager
City of Roanoke
215 Church Ave, SW, Room 364
Roanoke, VA 24011
Dear Mr. Morrill:
RECEIVI F)
NOV M °Ptq
C I OI cld
Office of the CEO
VV
The Blue Ridge Behavioral Healthcare (BRBH) Board of Directors voted to nominate Col. Bobby
Russell as an at -large board member at the October 20, 2016 board meeting. Col. Russell will serve
in the vacant at -large board appointment that was previously held by Mr. Greg Hamilton, who
submitted his resignation letter on September 18, 2016. As per our bylaws, the BRBH Board
nominates our at -large board representatives, and asks the participating governing bodies to
approve those appointments.
At our October 20, 2016 Board meeting, the Board unanimously endorsed Col. Russell to serve as an
at -large member for which he is eligible according to Title 37.2 - 502 of the Code of Virginia. We
respectfully request that the Roanoke City Council approve the appointment of Col. Russell for an
unexpired partial term, from October 20, 2016 through December 31, 2018.
This request is being sent concurrently to administrators in each of our other four local governing
bodies for approval by the five local governing bodies of at -large members as called for in our By-
laws. If I can be of assistance in this process or if you have any questions that I may be helpful with,
please do not hesitate to contact me at 540- 345 -9841, or Ashley Simmons, Executive Office
Coordinator, at your convenience.
Sincerely,
Debbie Bonniwell, MBA, LCSW
Chief Executive Officer
C: The Honorable Sherman P. Lea, Sr., Mayor
Ms. Donna Henderson, Chair, Blue Ridge Behavioral Healthcare Board of Directors
Col. Bobby Russell
Ms. Stephanie M. Moon, MMC, City Clerk
Executive Offices 301 Elm Avenue SW Roanoke, VA 24016 -4001 (540) 345 -9841 Fax (540)345 -6891
ne Community Services Board serving life Cities of Roanoke and Salem, and the Counties of Boletoud, Craig, and Roanoke
fr
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 4536
Telephone: (540)853 -2541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
G- :nail: elerk(nlronnokevv . g °v ( EC ELIA F. M(' COY
City Clerk
DepulY City Clerk
November 22, 2016
Andrea Trent, Secretary
Defined Contribution Board
Roanoke, Virginia
Dear Ms. Trent:
CE( ELIA T. WEBB, CMC
Assistant DepulP City Clerk
This is to advise you that Amelia Merchant has qualified as a member (City Manager's
designee) of the Defined Contribution Board to fill the unexpired term of Sherman M.
Stovall, Assistant City Manager for Operations, for a term ending June 30, 2017.
Sincerely,
U m- htm It
Stephanie M. Moon Reynolds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Amelia Merchant, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member (City Managers designee) of the Defined
Contribution Board to fill the unexpired term of Sherman M. Stovall, Assistant City
Manager for Operations, ending June 30, 2017, according to the best of my ability. (So
help me God.)
AMELIA MERCHANT
The foregoing oath f office was taken, sworn to, and subscribed before me by Amelia
Merchant this 2�ay of &L. 2016.
Brenda S. Hamilton, Clerk of the Circuit Court
B X C rk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fee: (540)R53 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -snail, tlnrkC),,renake...... CECELIA F. MCCOY
City Clark Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
November 22, 2016
June Woodward, Secretary
Roanoke Civic Center Commission
Roanoke, Virginia
Dear Ms. Woodward:
This is to advise you that Tom Roller has qualified as a member of the Roanoke Civic
Center Commission for a term of office ending September 30, 2019.
Sincerely,
Stephanie M Moon Reyno�Usl,
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Tom Roller, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Civic Center Commission for a term ending
September 30, 2019, according to the best of my ability. (So help me God.)
/ r ezz 21k
TOM ROLLER
The foregoing oath of office w s taken, sworn to, and subscribed before me by
Tom Roller this 14�day of �j/Q(p(2016.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fns: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail: cicrk@...nake...... CECELIA F. MCCOY
City Clerk Deputy City Clerk
November 22, 2016
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Bradley Stephens has qualified as a member of the Human
Services Advisory Board for a four -year term of office ending November 30, 2020.
Sincerely,
Stephanie M. Moon Re s, M C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Bradley Stephens, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Human Services Advisory Board for a four -year
term office ending November 30, 2020, according to the best of my ability. (So help me
God.)
6 "j 1( r
BRADLE STEPHENS
The foregoing oath of office was taken, sworn to, and subscribed before me by
Bradley Stephens this &""day of 2016.
Brenda S. Hamilton, Clerk of the Circuit Court
B Clerk
s�
�J ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council of the City of Roanoke
for Execution of a Deed of Easement
Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code
of' Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the
City is inviting bids from qualified bidders for the sale and transfer of a certain easement on
City -owned properties within the City, which easement is set forth in the proposed Deed of
Easement (Deed), subject to the terns and conditions of the proposed Deed. The proposed
easement set forth in the proposed Deed is to be granted to the successful bidder to be used in the
development, construction, operation, and maintenance of a hotel consisting of one hundred
twenty-seven (127) rooms (Hotel Project) that has been constructed above and within the City's
Market Garage, 25 Church Avenue, S.E., Roanoke, Virginia (Market Garage) and adjacent
parcels of City -owned property. The Hotel Project is situated at 27 Church Avenue, S.E.,
Roanoke, Virginia, and more particularly depicted as Official Tax Map Nos. 4015006, 4015007,
and 4015008. The proposed easement will allow the successful bidder to use portions of such
City -owned properties for specific purposes in connection with the Hotel Project. The City -
owned properties that will be subject to the proposed easement are Official Tax Map No.
4015004 located at 25 Church Avenue, S.E., and Official Tax Map No. 4015003 located at 106
Franklin Road, S.E. The following chart summarizes the proposed easement:
Easement Purpose City Property affected Term of
(Official Tax Map No.) Easement
A- 3 -b(i) Private Power Utility for Hotel 4015003 and 4015004 40 years
Project
The proposed easement is depicted in detail in an easement plat, dated October 12, 2016,
revised October 14, 2016, and prepared by Balzer and Associates, Inc. (Easement Plat).
The purpose of the proposed easement as set forth in the Deed is for the development,
construction, operation, and maintenance of the Hotel Project, all as more fully set forth in the
proposed Deed. Any bidder shall be able to provide sufficient evidence that such bidder has
acquired the rights necessary to operate the Hotel Project, has the financial ability to operate the
Hotel Project, has entered into a Parking Agreement, dated December 18, 2013, for use of
parking permits within the Market Garage (Parking Agreement), has entered into a Performance
Agreement for Hotel Development, Construction, Operation, and Maintenance dated December
18, 2013 (Hotel Performance Agreement), and will be able to accept the proposed Deed, subject
to all of its terns and conditions.
If the City elects to grant and award the easement as set forth in the proposed Deed, City
Council will be requested to adopt an ordinance to that effect. The full text of the proposed
ordinance granting and awarding the easement is on file and may be reviewed in the Office of
the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form
Notice of Public Hczdng for Deed of Easement n] 21 16)
available. The proposed ordinance, proposed Deed, the Easement Plat, and bid form will be
available at the City Clerk's Office on and after Monday, November 7, 2016.
Any interested entity is invited to submit a written bid, including a completed bid form,
for the Decd for the Easement as described above. Each bidder shall submit the following
information:
I. The legal name ofthe entity submitting the bid, including the Identification
Number issued to it by the Virginia State Corporation Commission.
2. The purchase price to be paid for the easement described in the Deed.
3. The rights of the bidder to operate the Hotel Project and financial ability of the
bidder to operate the Hotel Project.
4. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Hotel Perfomrance Agreement.
5. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Parking Agreement.
6. Other information as the bidder deems appropriate.
Item 3 may be submitted as short narrative statement. Bids are to be submitted in a sealed
envelope or container to the City Clerk at the address noted above on or before Noon, 12:00
p.m., local time, Monday, November 21, 2016. The outside of the bid envelope should be
marked as follows: "BID FOR ACQUISITION OF EASEMENT IN CONNECTION WITH
HOTEL PROJECT AT MARKET GARAGE, TO BE OPENED AT THE CITY COUNCIL
MEETING AT 2:00 P.M. ON NOVEMBER 21, 2016." The bid should be addressed to the City
Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held
by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, November 21, 2016, at
which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly
opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as
amended.
The City reserves the right to cancel this Invitation for Bids and /or to reject any and all
bids, to waive any informality or irregularity in the bids received, and to accept the bid which is
deemed to be in the best interest of the City.
The entity to whom the easement in the Deed may be granted and awarded shall
reimburse the City for the costs of any advertisements for this matte.
Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matters at its regular meeting to be held on Monday, November 21, 2016, at
7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber,
Notion of Pnbhi Hearingfor Deed of nasemenl(1b2r -Ib)
Room 450, Noel C. Taylor Municipal Building, 215 Church AVenne, S.W., Roanoke, Virginia,
24011. For further information on this matter, you may contact the Office of the City Clerk at
(540)853 -2541.
All parties and interested persons may appear on the above date and time and be heard on
the matter.
If you are a person who needs accommodations for this hearing, please contact the City
Clerk's Office at (540) 853 -2541 before 12:00 noon on the Thursday before the date of the
hearing listed above.
GIVEN under my hand this 7th day of November, 2016.
Stephanie M. Moon Reynolds, City Clerk.
Notice of Public Heating for need el Easement (1 I- 21 -16)
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Monday, November 7, 2016,
and once on Monday, November 14, 2016.
Please send bill to
R. Brian Townsend
Assistant City Manager for Community
Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, VA 24011
(540) 853 -2333
No0ce ofNbk H,er, for Decd of Easement (11- 21 -16)
Please send affidavit of publication to
Stephanie M. Moon Reynolds
City Clerk's Office
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Suite 456
Roanoke, VA 24011
(540) 853 -2541
R HRIANTDWNSFND ASSIS iAN1 C
456 NOEL C TAYLOR MUNICIPAI HE DG
215CHURCHAVENUE SW
ROANOKE.. VA24011
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
'I CI.IVLD
I IIII
i II I d I
Account Number
601]304
Date
November 14, 2016
Dale Catogo" DOSCription Ad Size Total Cost
1112612616 Provos -Sid Bids -RFP ADVE RIISFMF N I FOR INVI I ATION F OR BIDS AND PECTIC 1x236L 2222 -32
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice
ADVERTISEMENT FOR INVITAT was published In said newspapers
on the following dates:
11/07 11/1412016
The First insertion being given ... 11107/2016
Newspaper reference: 0000424903
Sworn to and subscribed before me this Monday, November 14, 2016
n 1�/
Notary Publ
State of Virginia
Miry /County of Roanoke
My Commission expires
(��301 lq1
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
ADVERTISEMENT FOR
INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council of the
City of Roanoke
for Execution of a Deed of
Easement
pursuant to the requirements of
5edlans Sy2upi 151-1101, I51-
Lo2,et an, Code Of 11 (1950), as
mended, the City of Roanoke. Virginia
(Cap) hereby gives notice that the City
Invibn, bids from qualified bidders
tar the sale and transfer of a certain
ea meat Ca City owned properties
wlinio the City, which eaement is net
fortM1 a the proposed Dead of
Eaz,mO.t(Omi subject to the terms
and conditions of the proposed Deetl.
The p,up med easement at forth Ia the the
proposed Dead eadtlis to be mantd or the
and mainte.anc of construction, hotel consrAat9
Of ane hundred lwndA .... n (122)
Raami Vnmma, ane
particularly depicted as Offical Tax
Map No, 4015006. 4015007, and
4011008, The proposed easement OUR
allow the successful bidder to u so
portiens of such City had pmpertfes
Ire specdec purposes In ca .... Ron
with the Hotel Prated Tee City Owned
pmperttl that .111 Here omcaei 1a.
,,up
ap No. 4015034 located at 25 Church
Avenue, SE., and Official Tax Map No.
4015003 located at 106 Emmain Road
SE. The followed, chart zumurn-cas
the proposed easnmenl'.
Former 0OF A -3oil
Purpose. Private Power City for
He let Project
CL, Property affected (Onlcial Tax
Map No.)'. 4015003 And 4¢15004
Term of EaemenL 40 Years
The proposed easement is depicted In
d,t.1 Ia an a meet plat, dated
October 12, 2016, reversed October 14,
2016, and prepared by Balzer and
Associates, Inc Stsoment Plat.
The purpose of the proposed Imsemem
as set form In the Dead is for the
and me me ence of the Feel pairs,
all a Marc fully set forth In me
aroposeo Deed. Any bidder shelf be
blato provide sufficient evidence that
such bidder has mmlead the r.Dlds
Hotel Cabinet. bas entered Into a
Parking Agreement, dated December
Ill, 2013, for use of parking permits
within the Market Garage (Parking
Agreement), has entered Into a
Performance Agreement tar Hotel
Development. Construction, Operation,
and Maintenance dated December 18 ,
all of Its
It the City elects to grant and award
NO easement as set fode in the
proposed Deed City Council will be
Zgue5 @tl to adopt an Dtdinance to
that effect The full text of the
proposed Ordinance granting and
awmbeff inn easement a on II, and
may be reviewed is the Else of the
City Clark, Room 456, Neel C. Taylor
Mnmcipal Baiming, 115 Church Avenue.
S.W., Roanoke, Virginia 14011 The Day
Clerk will also have cycles of me
necessary bad form available Tne
mingased ordinance, proposed Dole
the Easement Plat, are bid form will be
wall at the City Clerk's Office on
antl after Monday, November i. 2016.
Any interested entity 1s Iacted to
submit a written bid, Ineludng a
completed bed form for the Deed for
the Easement as described above.
Each bidder shall submit the following
information.
1 The legal name of the entity
submitting the bid including In,
Identification Number issued to It by
the Virginia State Corporation
Comforting.
2. The purchase price to be paid for the
,asem nl described in the Deed.
3 The fights of the bidder to operate
the Hotel Project and financial ability of
the bidder to operate the Hotel Project
4 -TM1e bidder's acknowledgement and
cabonsu en that bidder has exemaed.
is obligated under, and has agreed to
perform men the Hotel Performance
re
5. The bidder's acknowledgement and
,automation that bidder he. .... Fred.
s obligated under, antl has agreed to
peCmm the Parking Agreement.
6. Omer inforor as the bidder
delays appropriate e-
Item 3 may be submitted a short
narrative statement. Bid, a,, m be
,created it a sealed Identify, b
sediment to the Ca, Clerk at the
atld.... noted above nn nr before
NovemberrZL 3r, 16' Tin Da sph al )the
bid envelope should be marker) a
follows: "em FOR ACQUISITION Of
EASEMENT IN CONNECTION WITH
HOTEL PROJECT AT MARKET GARAGE,
TO BE OPENED AT THE CITY COUNCIL
MEETING AT 2 o Ever ON NOVEMBER
21.2016" The bid Should be addressed
to the City Council of Reammi c/o
be hold by the Cry aerx, u- ....elf
until 2 G p.m, hour ties. on Monday,
Noll¢ be r delivered hl e
ed a0 to the Cannot)
Chicago, Room 450, Nall C Taylor
Municipal Building, 115 Church Aveni
in ereaner beksettle, 0....I antl r,ad
aloud In accordance with Section 151
2102, Code of Virginia (1950), as
amended.
The
this Invitation far Bid,a Jltocoujed
any antl all bids, to w Ve any
Informality or irregularity to the bid'
resolved and to adept the bid which A
deemed to be In the best mterest of the
city.
The entity to whom me casement In
the Dead shall reimburse me City far casks Of
an, advedizemenls far this matter.
Pursuant to the requirements of
Sections 15.2 -2100. It seq, Castle of
Virginia (1950), as amended. notice is
hereby given that the Council of the
head., oa ache above maters AtbIt'
regular meeting to be held on Mall
November IL 2016, at ERR Pm., local
time, or a5 soon Coleman, as Council
Is available. In the Council Chamber,
Room 450, Noel C. Church Taylor
Ave Mun dW,
Roanke 1)5 a, 240 Avenue, Sher
Roanoke, n on th, mat For further
information on leis maneL you may
(540)95 25 Onme or me city clerk at
(54m B55sw1.
All
ppea „on for above dote Persons may and
be heard on the matter. he held,
ammo aliens Pfar o•for' E ¢rem,
press, ,,fact the City
at
(540) B53 4541 bete e 12:0 0 neon a�n an
Inursday before the del' of the
hear,,, listed above.
GIVEN under my hand the On day of
Navembeq some
Stepna.,e M- Moan Reynolds, City
Clerk.
(424903)
BID FORM
FOR ACQUISITION OF EASEMENT
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE, TIME, AND DELIVERY OF BID: All bids we due on or before Noon,
12:00 p.m., local time, Monday, November 21, 2016, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left-hand comer of envelope and on the back of the envelope in bold letters
the following title: Bid for Acquisition of Easement in Connection with Hotel Project at
Market Garage, To Be Opened At the City Council Meeting at 2:00 p.m. on November 21,
2016.
Date:
SOU M IPa H� �yn C: n LLProposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Deed of Easement (Deed), a copy of which is on
file in the Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, VA 2401 L Furthermore, the undersigned bidder
warrants that it can and will comply with the provisions of such Deed. Bidder acknowledges and
agrees that this bid is for an easement set forth in the Deed and which is summarized in Schedule
1 attached to this Bid. The Hotel Project is a 127 room hotel constructed within certain air rights
above the Market Garage situated at 25 Church Avenue, S.E., Roanoke, Virginia, and two (2)
condominium units within said Market Garage. The Hotel Project is more particularly described
as properties at 27 Church Avenue, S.E., Roanoke, Virginia and depicted as Official Tax Map
Nos. 4015006, 4015007, and 4015003.
Bid: Payment for acquisition of the easement, as described in the Deed in the total amount of
0n(�_ and ab /100 Dollars ($ 1. 00 ), which shall be paid in
cash, certified check, or wire transfer at a closing to occur on or before November 30, 2016, or at
such other time as the parties agree to.
Bid Form ide cEasemme(11- 21 -16)
Bid: The right and financial ability of Bidder to operate the Hotel Project, as described in
Exhibit A attached hereto and made a part hereof.
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
pertonn, and is obligated under the Performance Agreement for Hotel Development,
Construction, Operation, and Maintenance dated December 18, 2013 (Hotel Performance
Agreement).
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
perform, and is obligated under a Parking Agreement dated December 18, 2013 with respect to
Puking permits for use by guests of the Hotel Project.
Bid Term: The term for of the easement is set forth in Schedule 1 attached to the Bid Form.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission (SCC), or the complete legal naturre of bidder if it is not a corporation.
LEGAL NAME OF BIDDER: �n� -1-� I ' JMO a� r., L_L(�'
BY: TITLE: [`l i�n.nnr.. a
P.e...ivP..�
( Title)
(Printed N& be)
STREET ADDRESS: 27 ( korc (\ �4- f��`c..�c(t4 �l �q0 ( �
MAILING ADDRESS:L'O h. f;r� �a „ Sft 2500- �rrrc� SC-
CITY: STATE: ZIP CODE:
TELEPHONE: (b` , a.71- ci $ SS FAX: $( bH ) 2-76- �-
Bidder's SCC Identification Number: uS t i 1 C]
Bid F.. Elm Eazv¢mt (11-2 1-16)
SCHEDULEI
BID FORM
FOR
ACQUISITION OF EASEMENT
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
The following chart is a summary of the easement that is the subject matter of this bid
form:
Easement Purpose City Property affected Term of
(Official Tax Mai) No.) Easement
A- 3 -b(i) Private Power Utility for Hotel 4015003 and 4015004 40 years
Project
Bid Form Elam Easemeue(1181 -I6)
EXHIBIT A TO
BID FORM
FOR
ACQUISITION OF EASEMENTS IN
CONNETION WITH HOTEL PROJECT
AT MARKET GARAGE
The legal rights of Bidder to operate the Hotel Project and the financial ability of Bidder to operate the
Hotel Project are described as follows:
Financial Ability to Operate the Hotel:
South Commonwealth Partners, LLC through its affiliation with Windsor Aughtry Company, Inc. has
substantial experience in the development of urban hotels. Windsor Aughtry is an approved developer
for Marriott and is a preferred developer for Hilton Hotel Corporation. Additionally, Paul C. (Bo)
Aughtry, III, South Commonwealth Partners' Managing Member, serves as Chairman of Hilton's
Hampton Inn Advisory Council. Since 1995, the company has built fourteen hotels, with the last eight
having been urban infill projects on compressed sites, and seven of those utilize a parking garage for
their guest parking needs.
Recent Project Completions
1) Greenville, SC (2016): Located in downtown Greenville on River Street, the Embassy Suites is a 156
room, 7 story hotel fronting on the Reedy River. The hotel also contains a Ruth's Chris Steak House on
the ground floor and an expansive roof top bar and restaurant called UP On The Roof. The $37MM
project was constructed by Brasfield & Gorrie of Birmingham, AL.
2) Roanoke, VA (2016): Located in downtown Roanoke on Church Ave SE, the Hampton Inn & Suites is a
127 room, three story hotel built atop a 6 story parking garage with lobby space on the ground floor.
The $17MM hotel was constructed by Pride Construction, LLC of Memphis, TN.
3) Baton Rouge, LA (2013): Located in downtown Baton Rouge at the corner of Main and Lafayette
Streets, the Hampton Inn & Suites is a 137 room, 7 story hotel offering expansive views of the
Mississippi River, downtown, and the State Capital Grounds. The $17M hotel was constructed by Pride
Construction, LLC of Memphis, TN.
4) Greenville, SC (2010): Located in downtown Greenville at the corner of Main and Broad Streets, the
Courtyard Marriott is a 135 room hotel accompanied by 65,000 square feet of office and street level
retail. Also included is a 250 -space parking garage. The $45M project was constructed by Triangle
Construction of Greenville, SC.
5) Gainesville, FL (2009): Located in downtown Gainesville and blocks from the University of Florida and
several area hospitals, the Hampton Inn & Suites is a 122 room hotel that includes 7,500 square feet of
retail space. The $14.3M project was constructed by Pride Construction of Memphis, TN.
South Commonwealth Partners, LLC has the financial ability to operate the Hampton Inn & Suites at
Market Garage. The $17MM project is financed with approximately 30% owner equity with the
remaining 70% through conventional loan sources public grants. This financing structure of this project
mirrors that of the other hotel development projects that the group has been involved.
Legal Rights of Bidder to Operate the Hotel Project:
South Commonwealth Partners currently owns the condominiums and air rights associated with the
hotel project and holds a 20 year franchise license from Hilton International to operate a 127 room hotel
branded as a Hampton Inn & Suites at this location.
George Taratsas
Administrator, Federal Workforce Development Programs
Workforce Development Services
Virginia Community College System
300 Arboretum Place, Suite 200
Richmond, Virginia 23236
Dear Mr. Taratsas:
I am enclosing copy of Resolution No. 40698 - 112116 acknowledging and recognizing
the PY2016 Workforce Innovation and Opportunity Act funding from the Virginia
Community College System in the amount of $1,582,996.00 for WIOA activities, for the
award period of July 1, 2016, through June 30, 2018, the foregoing funding to be
administered by the Western Virginia Workforce Development Board.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 22, 2016.
Smc ely,
Stephanie M.Moon Re olds, MC
City Clerk
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Jenny B. Alexander, Acting Director of Human /Social Services
J. B. Broughman, City Manager, City of Covington, 333 West Locust Street,
Covington, Virginia 24426
Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
John R. Strutner, County Administrator, Alleghany County, 9212 Winterberry
Avenue, Covington, Virginia 24426
Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
S. W., Roanoke, Virginia 24018
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church AYenne, S. W., Room 456
-
Roanoke, Virglnin 24011 -1536
'1'elehLnne: (540)953 -2541
Fox: (5411)89 -1145
5'I'I,:I'IIANIh: M. MOON REYNOLDS, MM('
F -nmil: dc,B(mrmm ^ken,.µnv
CL:('FLIA F. M('('OY
Del), ") ('il y C lei k
November 22, 2016
C ff EIJA T. WEBR, CMC
A,,ixmul Den,i, Clry clerk
George Taratsas
Administrator, Federal Workforce Development Programs
Workforce Development Services
Virginia Community College System
300 Arboretum Place, Suite 200
Richmond, Virginia 23236
Dear Mr. Taratsas:
I am enclosing copy of Resolution No. 40698 - 112116 acknowledging and recognizing
the PY2016 Workforce Innovation and Opportunity Act funding from the Virginia
Community College System in the amount of $1,582,996.00 for WIOA activities, for the
award period of July 1, 2016, through June 30, 2018, the foregoing funding to be
administered by the Western Virginia Workforce Development Board.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 22, 2016.
Smc ely,
Stephanie M.Moon Re olds, MC
City Clerk
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Jenny B. Alexander, Acting Director of Human /Social Services
J. B. Broughman, City Manager, City of Covington, 333 West Locust Street,
Covington, Virginia 24426
Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
John R. Strutner, County Administrator, Alleghany County, 9212 Winterberry
Avenue, Covington, Virginia 24426
Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
S. W., Roanoke, Virginia 24018
George Taratsas
Administrator, Federal Workforce Development Programs
Workforce Development Services
November 22, 2016
Page 2
PC: Clay Goodman, County Administrator, Craig County, P. O. Box 308, New Castle,
Virginia 24127
Brent Robertson, County Administrator, Franklin County, 1255 Franklin Street,
Suite 112, Rocky Mount, Virginia 24151
Gary Larrowe, County Administrator, Botetourt County, One West Main Street,
Fincastle, Virginia 24090
P)(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of November, 2016.
No. 40698- 112116.
A RESOLUTION acknowledging and recognizing the PY2016 Workforce Innovation
and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the
amount of $1,582,996 for WIOA activities, for the award period of July 1, 2016, through June
30, 2018, the foregoing binding to be administered by the Western Virginia Workforce
Development Board.
WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the
Workforce Investment Act of 1998, federal finding is provided to support various programs in
support of various client populations as more particularly described in the City Council Agenda
Report dated November 21, 2016; and
WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the
fiscal agent for WIOA funds and administers the federal funds provided by WIOA through the
Virginia Community College System for Local Workforce Area III, the designated area which
encompasses the counties of Alleghany, Botetourt, Craig, Franklin, mid Roanoke, and the cities
of Covington, Roanoke, and Salem.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council acknowledges and recognizes for the purpose of administering the
Western Virginia Workforce Development Board, the PY2016 WIOA finding in the amount of
$1,582,996 from the Virginia Community College System, with no local match from the City, to
be administered by the Western Virginia Workforce Development Board, and to be used during'
the award period of July 1, 2016, through June 30, 2018, for the purpose of administering the
R- acknowledge xnd recognize Wexrem Vu Wodiome D'111,1n v( FY2016 ft. c,(11-2)-'6)
WIOA activities, as more particularly set not in the City Council Agenda Report dated
November 21, 2016,
2. The City Manager is directed to furnish such additional information as may be
required in connection with the acknowledgement and recognition of the foregoing funding.
3. The City Clerk is directed to provide an attested copy of this Resolution to the
Western Virginia Workforce Development Board.
ATTEST:
�- � g,J
City Cler
R- recognize Wesiem Va Workforce Development- FY2015 fimtlil, 11.1615 2
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Funding for Western Virginia Workforce Development Board
Workforce Innovation and Opportunity Act (WIOA) Programs
(CM16- 00165)
Background:
The Workforce Innovation and Opportunity Act (WIOA) was signed into law on
July 22, 2014 and replaced the Workforce Investment Act of 1998 (WIA). WIOA
provisions related to Department of Labor Programs were effective July 1, 2015.
The City of Roanoke is the grant recipient for Workforce Innovation and
Opportunity Act (WIOA) funding, thus, City Council must recognize the grant
funding received, in order for the Western Virginia Workforce Development
Board to administer WIOA programs in Local Workforce Development Area III of
Virginia. The Roanoke Valley - Alleghany Regional Commission serves as the
fiscal agent for The Western Virginia Workforce Development Board and the
WIOA funds allocated to Area III which encompasses the counties of Alleghany,
Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke,
and Salem.
WIOA funding is for four primary client populations:
• Dislocated workers who have been laid off from employment through no
fault of their own. Services provided these individuals include intensive
job search assistance and employment counseling, additional training to
upgrade skills or obtain initial certification or degree, on the job training
and supportive services.
• Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor. Services
provided these individuals include intensive job search assistance and
employment counseling, additional training to upgrade skills or obtain
initial certification or degree, on the job training and supportive services.
• Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults. Services provided these
individuals include career counseling and exploration, incentives to
remain in school, work readiness classes, summer work program,
mentoring, tutoring and post secondary education /training.
• Businesses in need of employment and job training services.
The City of Roanoke has received a Notice of Obligation, on behalf of the
Western Virginia Workforce Development Board, from the Virginia Community
College System, allocating $1,582,996 of PY2016 WIOA funds, for WIOA
Activities for award period July 1, 2016 -June 30, 2018.
Considerations:
• Program Operations - Existing activities will continue and planned
programs will be implemented.
• Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommended Action:
Recognize the Western Virginia Workforce Development Board PY2016 WIOA
funds of $1,582,996, for award period July 1, 2016 to June 30, 2018.
-- '--= ---- - - - - --
CS HER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Jenny B. Alexander, Acting Director of Human /Social Services
#CM 16 -00165
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone (540) 853 -2541
Fri: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E-muil: elerkQroanokeva.gov CECELIA F. MCCOY
City Clerk Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
November 22, 2016
Sharon J. Thacker, President and CEO
Family Services of Roanoke Valley
360 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Thacker:
I am enclosing copy of Resolution No. 40699 - 112116 accepting federal Byrne Justice
Assistance Grant program funding made to the City in collaboration with Family Service
of Roanoke Valley, from the Virginia Department of Criminal Justice Services in
connection with the "Positive Action in Roanoke' project, and authorizing execution of
any required documentation on behalf of the City.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 21, 2016.
(JSi�ncer_gly,
y� U�K Ir+bt -n " r o 41,
Stephanie M. Moon Reynolds, MMC
City Clerk
Cr Glenda E. Goh, Executive Director, Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia 24017
Yolanda Conaway -Wood, Executive Director for Student Services, 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
Jenny B. Alexander, Interim Director of Human and Social Services
James M. O'Hare, Youth Care Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
J/ The 21st day of November, 2016.
No. 40699- 112116.
A RESOLUTION accepting federal Byrne Justice Assistance Grant (JAG) program funding
n ade to the City in collaboration with Family Service of Roanoke Valley, from the Virginia
Department of Criminal Justice Services in connection with the "Positive Action in Roanoke"
project, 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 federal Byrne JAG program binding made
to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department
of Criminal Justice Services in the amount of $44,090, with a local match from the City in the
amount of $4,899, to be provided by Family Service of Roanoke Valley, for a total award of
$48,989, to be expended on the "Positive Action in Roanoke" project, a research -based social-
emotional learning curriculum that includes family engagement activities, and a community service
learning program for children in P through 5 °1 grade residing in the public housing neighborhoods,
as more particularly described in the City Council Agenda Report dated November 21, 2016.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke, any and all documents required to obtain such funding, and to execute a contract
with Family Service of Roanoke Valley to implement the program. All such documents shall be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required in connection with the City's acceptance of this grant.
ATTEST:
rc tY"1""ey✓
R -Byme Justice Assistance Gra01 POSH... 1,m,, in Roanoke ( I1- 21 -16)
4
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of November, 2016.
No. 40700- 112116.
AN ORDINANCE to appropriate funding from the U.S. Department of Justice
Byrne Justice Assistance Grant (JAG) Program, as provided by the Virginia Department
of Criminal Justice Services for the Positive Action Program, amending and reordaining
�— ce;t in sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Administrative Supplies
Program Activities
Business Meals and Travel
Revenues
Byrne JAG Positive Action FY17
35-
630 -5029
-2010
$ 33,903
35-
630 -5029
-2030
2,014
35-
630 -5029
-2066
71476
35-
630 - 5029
-2144
697
35- 630 - 5029 -5029 44,090
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: OL
1"I' - Yr Yvlok 1
City Clerk.
@ CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Acceptance and Appropriation of Byrne justice Assistance Grant
(JAG) funds for Positive Action in Roanoke. (CM 16-00160)
Background
The Virginia Department of Criminal justice Services has awarded the City of
Roanoke Federal funding from the Byrne justice Assistance Grant (JAG) program
for the Project titled, "Positive Action in Roanoke ". This funding will be used by
Family Service Roanoke Valley (FSRV) to create and administer the Positive
Action program in four public housing sites. The amount of the federal funding
is $44,090 and FSRV is contributing $4,899 in matching funds for a program
total of $48,989. FSRV will be reporting on the required match each quarter
but it is not part of the funds that the City of Roanoke Finance Department is
tracking.
Positive Action is a research -based social - emotional learning curriculum that
includes family engagement activities and a community service learning
program for children in 3i° through 5th grade residing in the public housing
neighborhoods. These children often face multiple risk factors that increase
the likelihood of high rates of juvenile delinquency. This project proposes to
increase protective factors of these children in order to decrease the rates of
criminality, increase school success, and increase positive self- images and
engagements with the community. The program also increases the positive
knowledge skills of the parents through communication and relationship
building activities.
Considerations:
A recent Needs Assessment was conducted in the largest Roanoke
Redevelopment and Housing Authority neighborhood. This study showed that
children residing in this neighborhood graduated from high school at lower
rates than average, had lower standardized test scores in elementary years, and
engaged in fewer after school programs that offer sports, arts enrichment,
academic remediation and enrichment. The objectives of Family Service of
Roanoke Valley's implementation of Positive Action will be to strengthen
school, community, family and individual protective factors as well as increase
parent and youth knowledge of the risks of anti - social behaviors.
Recommended Action
Adopt a resolution accepting the Byrne Justice Assistance Program Grant
funding from the Virginia Department of Criminal Justice Services Grant # 17-
A4052AD1 5 for the Positive Action in Roanoke program.
Authorize the City Manager to execute any forms required by the Virginia
Department of Criminal Justice Services in order to accept these funds; such
documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate for
Federal grant funds of $44,090 and appropriate funding in the amount of
$44,090 into expenditure accounts to be established by the Director of Finance.
Family Service Roanoke Valley will be contributing the required $4,899 in
matching funds separately.
ans- - - - ------ - - - - --
her P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Jenny Alexander, Interim Director of Human and Social Services
Yolanda Conaway -Wood, Executive Director for Student Services,
Roanoke City Public Schools
James M. O'Hare, Youth Care Administrator
Attachment A
Byrne Justice Assistance Grant, Family Service of Roanoke Valley, Positive Action
2016 Account Set -up Transactions
Account No.
Description
Amount
35- 630 - xxxx -xxxx
Federal Pass -thru Revenue -2016 Byrne
Justice Assistance Grant Grant # 17-
A4052AD15
$44,090
Total Revenues
$44,090
Expenditures:
32- 630 -xxxx -2010
Fees for Professional Services
$33,903
35- 630 -xxxx -2030
Administrative Supplies
35 -630 -xxxx -2066
Program Activities
0$44,090
35- 630 -xxxx -2144
Travel
Total Expenditures
Chris Sorensen and Robin Sorensen, Co- Founders
The Firehouse Subs Public Safety Foundation
3400 -8 Kori Road
Jacksonville, Florida 32257
Gentlemen:
I am enclosing copy of Resolution No. 40701 - 112116 authorizing acceptance of a
donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police
Department of seven (7) ballistic shields and two hundred fifty (250) tourniquets in belt
carry pouches, and authorizing execution of any and all necessary documents to accept
the donation.
On behalf of the Mayor and Members of the Roanoke City Council and the citizens of
the City of Roanoke, I wish to express sincere appreciation to Firehouse Subs Public
Safety Foundation for your generous donation to the Roanoke City Police Department.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016.
Sincerely,
�' • 1 �V'�
S ephanie M. Moon Re s,
City Clerk
Enclosure
PC: Christian Meek, Manager, Firehouse Subs, 2019 Colonial Avenue, S. W., Roanoke,
Virginia 24015
Carla Wisemann, Firehouse Subs, 5050 Rutgers Street, N. W., Roanoke, Virginia
24012
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
Timothy S. Jones, Chief of Police
Amelia C. Merchant, Director of Management and Budget
CITY OF ROANOKE
OFFICE, OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relepkone: (590)853 -2541
Nn.v: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MM(.
moil: Ncrk(nhoannkevo'804
CECELIA F. MCCOY
City Clerk
De [, City Clerk
November 22, 2016
CECELIA T. WEBB, CMC
Assistant Deports City Clerk
Chris Sorensen and Robin Sorensen, Co- Founders
The Firehouse Subs Public Safety Foundation
3400 -8 Kori Road
Jacksonville, Florida 32257
Gentlemen:
I am enclosing copy of Resolution No. 40701 - 112116 authorizing acceptance of a
donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police
Department of seven (7) ballistic shields and two hundred fifty (250) tourniquets in belt
carry pouches, and authorizing execution of any and all necessary documents to accept
the donation.
On behalf of the Mayor and Members of the Roanoke City Council and the citizens of
the City of Roanoke, I wish to express sincere appreciation to Firehouse Subs Public
Safety Foundation for your generous donation to the Roanoke City Police Department.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016.
Sincerely,
�' • 1 �V'�
S ephanie M. Moon Re s,
City Clerk
Enclosure
PC: Christian Meek, Manager, Firehouse Subs, 2019 Colonial Avenue, S. W., Roanoke,
Virginia 24015
Carla Wisemann, Firehouse Subs, 5050 Rutgers Street, N. W., Roanoke, Virginia
24012
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
Timothy S. Jones, Chief of Police
Amelia C. Merchant, Director of Management and Budget
IN'l III:, COI INCH, OF THIS CITY OF ROANOKE, VIRGINIA
The 21st day of November, 2016.
No. 40701 - 11211.6.
A R SOL.U'IION turthorizing acceptance of a donation from Firehouse Subs Public Safety
Foundation, to the Roanoke City Police Department of seven (7) ballistic shields and two hundred
fifty (250) tourniquets in belt cony pouches, and authorizing execution of any and all necessary
documents to accept the donation.
1311 IT RESOLVED by the Council of the City of Roanoke that:
The City Manager is hereby authorized oft behalf ofthe City to accept from Firehouse
Subs Public Safety Foundation, a donation to the Roanoke City Police Department of seven (7)
ballistic shields, and two hundred fifty (250) tourniquets in belt carry pouches. Approximately
$16,205 will be spent on ballistic shields with accessories and $14,024 will be spent on tourniquets
and behcarry pouches, making the total valueofthis grant donationto be $30,229, Thegrant,which
requires no match by the City, is more particularly described in the City Council Agenda Report
dated November 21, 2016.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's
acceptance of the donation, such documents to be approved as to form by the City Attorney.
This Council wishes to express its appreciation and that of the citizens of the City of
Roanoke to Firehouse Subs Public Safety Foundation, for their generous donation to the Roanoke
City Police Department as described above.
The City Clerk is directed to transmit a copy of this Resolution to Firehouse Subs
Public Safety Foundation, expressing the City's appreciation for its donation.
ATTEST:
City Clerk.
R.dmlmI., ofsMeWs room Ffmhouse Subs - 1111.16 &1
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Firehouse Subs Public Safety Foundation Grant - Police Ballistic
Shields and Tourniquets
Background:
The Firehouse Subs Public Safety Foundation would like to purchase and donate
seven ballistic shields and 250 tourniquets in belt carry pouches to the Roanoke
Police Department. The total value of this grant donation will be $30,229. The
Firehouse Subs Public Safety Foundation will purchase the items directly and
donate them to the Roanoke Police Department.
The Firehouse Subs Public Safety Foundation is a 501(c)(3) nonprofit. The
foundation was established in 2005 in the aftermath of Hurricane Katrina by
firefighting brothers, and restaurateurs, Chris Sorensen and Robin Sorensen.
The foundation has a commitment to providing first responders with life- saving
equipment and resources. The Foundation has awarded more than $20 million
to public safety organizations throughout the country and to more than 1,450
fire, police and EMS departments. The Firehouse Subs Public Safety Foundation
recently donated three automated external defibrillators (AEDs) to the Roanoke
Police Department.
Approximately $16,205 will be spent on ballistic shields with accessories and
$14,024 will be spent on tourniquets and belt carry pouches. No local match
funding or grant account transactions are required for this donation
Recommended Action:
Accept the donation described above and
execute the grant agreement and any related
be v d as to form by the City Attorney.
CHRISTOPHER P. MORRILL
City Manager
authorize the City Manager to
documents, all such documents to
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Timothy S. Jones, Chief of Police
Amelia C. Merchant, Director of Management and Budget
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 r'Innrh Avcnne, S. W., R l, 456
Rnmlokc, Virginia 241111 -1534
'fell,....: (541 ))853 -2541
fur. (54(1)8511145
S'IIA'IIAN11 kLk1OONRIANOI.DS.1,1AH E:mell: rle,le— annke —,- (F('HAAF.N('COY
('ilv Clerk Deynly City ('lerk
November 30, 2016
Daniel C. Hyer, Principal
Line and Grade, LLC
418 E. Main Street
Charlottesville, Virginia 22902
Dear Mr.Hyer:
('E('lgAA 1. WEBBi ('AU
A%si.alanl Defnly Cite (lei k
I am enclosing copy of Resolution No. 40702- 112116 authorizing the City Manager's
issuance and execution of Amendment No. 1 to the City's Contract with Line and Grade,
LLC, in an amount not to exceed an additional $299,900 for additional engineering
design services for the improvements to Colonial Avenue, S.W., from Overland Road,
S.W., to Winding Way Drive, S.W., all as more fully set forth in the City Council Agenda
Report dated November 21, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
�Si�ncerreelly,
'�K7.SL��.,. tr). Y% ,), rG)ur0 EIU�✓
Stephanie M. Moon Reyno ds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P. E., Director of Public Works
Philip C. Schirmer, P. E., L.S., City Engineer
IN'I'IIE. COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA
The 21st day of Nove�uber, 2016.
No. 40702- 112116.
A RESOLUTION authorizing the City Manager's issuance and execution of Amendment
No. 1 to the City's Contract with Line and Grade, LLC ( "Line and Grade') for additional
engineering design services for the improvements to Colonial Avenue; and authorizing the City
Manager to take certain other actions in connection with such Amendment.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City Manager is authorized to issue and execute Amendment No. 1 as may be
necessary to the City's Contract with Line and Grade, in an amount not to exceed an additional
$299,900 for additional engineering design services for the improvements to Colonial Avenue,
S.W., Roanoke, Virginia, from Overland Road, S.W., Roanoke, Virginia, to Winding Way Drive,
S.W., Roanoke, Virginia, all as more fully set forth in the City Council Agenda Report dated
November 21, 2016.
2. The form of such Amendment shall be approved by the City Attorney,
3. Such Amendment shall provide authorization for additions to the work, with an
increase in the amount of the Contract, and provide that the total amount of such Amendment
will not exceed an additional $299,900, all as set forth in the above mentioned City Council
Agenda Report.
R- AUthonze No I to Conimet If , L,n, and Gmde LLC (11- 21 -16)
4. The City Manager is authorized to take such actions and to CXCCate such
documents as may lie necessary to provide fin- the implementation, administration, and
enfa-cmuent of Amendment No. 1 to the above mentioned Contract with Line and Grade, as well
as the Contract itsclf All Such documents shall be approved as to lot r1111) y the City Attorney,
ATTEST:
City Clerk.
R- Anthonze �nendment Nn 1 to Coutrnet with Line and Crnde LLC (11- 21 -16)
2
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Amendment No. 1 to Contract with Line and Grade, LLC for
Colonial Avenue Improvements - Engineering Design Services
(CM 16- 00161)
Background
The City entered into a Contract with Line and Grade, LLC dated December 1,
2015 to perform multiple phases of engineering services for the improvements
to Colonial Avenue from Overland Road to Winding Way Road. The initial phase
of the Contract provided for the Conceptual Design Phase services up to 50%
design for a fee of $250,000.
Considerations:
The City desires to have Line and Grade, LLC provide services for completing
construction documents for bidding, assisting with project meetings, and
providing post design services during construction.
Line and Grade, LLC submitted a proposal for a Contract Amendment for the
completion of construction documents for an additional fee of $239,900. The
services will include, but will not necessarily be limited to, completing final
design documents, supporting the City with the bid, project coordination of
utilities, rights of way, etc., site visits, attending project meetings, and other
associated services or work deemed necessary.
In addition to the above fee, other project expenses connected with the
project's construction phase may involve encountering unexpected conditions
that may necessitate Line and Grade, LLC providing services above those
stipulated. Therefore, future amendments may be needed to the Contract with
Line and Grade, LLC to perform additional services as the project develops.
However, the total of such other amendments is not expected to exceed an
additional $60,000 over and above the previously mentioned $239,900, for
total Contract Amendments not to exceed $299,900. Funding is available in
the project account 08 -530 -9458, Colonial Avenue Improvements.
Recommended Action
Authorize the City Manager to execute additional amendments as mentioned
above, approved as to form by the City Attorney, to the City's Contract with
Line and Grade, LLC in an amount not to exceed $299,900 for additional
professional services, including an Amendment for $239,900 as set forth
above.
Authorize the City Manager to take such actions and to execute such
documents, as may be necessary to provide for the implementation,
administration, and enforcement of all such amendments to the above
mentioned Contract with Line and Grade, LLC, as well as the Contract itself.
Any such documents shall be approved as to form by the City Attorney.
- -f\ - / � - - - - - --
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., L.S., City Engineer
�r CITY OF ROANOKE
OFFICE OH THE CITY CLERK
215 Church Avenac, S. W., Rnaln 456
Roalmkc, Virginia 24011 -1536
l0e,hone: (540)853.3541
Nox: (541))853 -1145
SIPIANIPM.N10ONI(4VN0I,OS,NINK P:mxil: de, loa rnu idl i.gov ('11 '1 LIA F. NI('('OV
('it, ('le. h DcPnly ('it) (' let 'k
('I!(IO.IA'I. WERR. ('hl('
A.sxhlanl De,it ('itv ('lei h
November 30, 2016
Scott Hodge
Senior Vice - President
AECOM Technical Services, Inc.
10 S. Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Hodge:
I am enclosing copy of Resolution No. 40703- 112116 authorizing the City Manager's
issuance and execution of additional amendments to the City's contract with AECOM
Technical Services, Inc., for additional professional services for the Construction Phase
of the Franklin Road over Norfolk Southern Railway Bridge Replacement Project, with
an increase in the amount of the contract and provided the total amount of all such
amendments will not exceed an additional $200,000.00, which includes an Amendment
No. 2 for $137,700.00, all as set forth in the City Council Agenda Report dated
November 21, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
�1Sincerely, n LL.)
Stephanie M. Moon Reynolds, MIMIC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P. E., Director of Public Works
Philip C. Schirmer, P. E., L.S., City Engineer
,A�
IN THE C'OUNC'IL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day or November, 2016.
No. 40703- 112116.
A RESOLUTION authorizing the City Manager's issuance and execution of additional
Amendments to the City's Contract with AECOM Technical Services, Inc., for additional
Profession,'] services for the Construction Phase of the Franklin Road over Norfolk Southern
Railway (NSRW) Bridge Replacement Project; and authorizing the City Manager to take such
actions and execute Such documents as may be necessary to provide for the implementation,
administration, and enforcement of such Amendments to the above mentioned Contract, as well
as the Contract itself.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to issue and
execute additional Amendments as may be necessary to the City's Contract with AECOM
Technical Services, Inc., for additional professional services for the Construction Phase of the
Franklin Road over NSRW Bridge Replacement Project, all as more fully set forth in the City
Council Agenda Report dated November 21, 2016.
2. The form of such Amendments shall be approved by the City Attomey.
3. Such Amendments will provide authorization for additions to the work, with an
increase in the amount of the Contract and provided the total amount of all such Amendments
will not exceed an additional $200,000, which includes an Amendment No. 2 for $137,700, all as
set forth in the above Agenda Report.
4. 'fill City Manager is further authorized to Like such actions and exeeute such
CIOCUments aS may be necesisary to provide fur file implementation, administration, and
enforcement of such Ammii(iments to the above mentioned Contract, as well as the Conhact. All
such documents shall be approved as to form by the City Attorney.
ATTEST:
# ")
City Clerk.
R -A COM Technical SCIIRIE Contreo Amendment No.2 (11- 21 -16). 2
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Amendment No. 2 to Contract with AECOM Technical Services,
Inc. for Franklin Road over Norfolk Southern Railway (NSRW)
Bridge Replacement and Corridor Study - Engineering Design
Services (CM 16-00164)
Background:
The City entered into a Contract with AECOM Technical Services, Inc. dated
March 19, 2013 to perform multiple phases of engineering services for the
replacement of the Franklin Road Bridge over NSRW. The initial phase of the
Contract provided for the Conceptual Design Phase services of the Project with
a fee of $390,446. Amendment No. 1 to the contract dated December 12, 2014
provided for Final Design Phase services with a fee of $760,880. Total contract
amount to date is $1,151,326.
Considerations:
The City now desires to have AECOM Technical Services, Inc. provide services
for the Construction Phase of the project.
Based on the scope of the construction project, AECOM Technical Services, Inc.
has submitted a proposal for a Contract Amendment for the Construction Phase
for an additional fee of $137,700. The Construction Phase will include, but will
not necessarily be limited to, supporting the City with project coordination of
utilities, rights of way, etc., site visits, attend monthly progress meetings,
review shop drawings, samples, and submittals and other associated services or
work deemed necessary.
In addition to the above fee, other project expenses connected with the
project's construction phase may involve encountering unexpected conditions
that may necessitate AECOM Technical Services, Inc. providing services over and
above those stipulated above. Therefore, future amendments may be needed
to the Contract with AECOM Technical Services, Inc. to perform additional
services as the project develops. However, the total of such other amendments
is not expected to exceed an additional $62,300 over and above the previously
mentioned $137,700 for total Contract Amendments not to exceed $200,000.
Funding is available in the project account 08 -530 -9965, Franklin Road over
NSRW- Bridge Replacement.
Recommended Action
Authorize the City Manager to execute additional amendments as mentioned
above, approved as to form by the City Attorney, to the City's Contract with
AECOM Technical Services, Inc. in an amount not to exceed $200,000 for
additional professional services, including an Amendment for $137,700 as set
forth above.
Authorize the City Manager to take such actions and to execute such
documents, as may be necessary to provide for the implementation,
administration, and enforcement of all such amendments to the above
mentioned Contract with AECOM Technical Services, Inc., as well as the
Contract itself. All such documents are to be approved as to form by the City
Attorney.
0—
/ �_
- - ----------------
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., L.S., City Engineer
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. 40704 - 112116 to appropriate funding
from the Foundation for Roanoke Valley for various educational programs, amending
and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 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
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
a
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)8531145
.STEPHANIE M. MOON REYNOLDS, MMC
E -moil: e1erk(alronnakevn.ge,
CECELIA F. MCCOY
Clly Clerk
Deputy City Clerk
CECELIA T. W EBB, CIVIC
November 22, 2016
Assistant 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. 40704 - 112116 to appropriate funding
from the Foundation for Roanoke Valley for various educational programs, amending
and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 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
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 at November, 2016.
No. 40704- 112116.
AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley for various
educational programs, amending and reordaining certain sections of the 2016 -2017 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
2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Medical Supplies 302 -232- 0000- 1000 -751 L- 62220 - 46605 -0 -00 $ 10,500
Revenues
Local /Other Revenue 302 -000- 0000 - 0000 -751 L- 00000- 33808 -0 -00 $ 10,500
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
U ATT ST:
� `�Lr s
City Cler .
November 21, 2016
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, November 8,
2016, the Board respectfully requests that City Council approve the
following appropriation request:
New Appropriation Award
Foundation for Roanoke Valley 2016 -17 $10,500.00
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
Lori Ramey (w /details)
Annette Lewis
�W
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Annette Lewis
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cathey
William B. Hopkins, Jr.
Laura D. Rottenborn
Lutheria H. Smith
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its November 8, 2016 meeting, the
Board respectfully requested that City Council appropriate funding as outlined in this report.
The Foundation for Roanoke Valley 2016-17 grant award of 810,500 aids in the purchase of portable
automatic external defibrillators (AEDs) for the middle and high - school athletic programs.
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.
9Qk � k6MVA1:% /
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
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
t_
Noel C. Taylor Municipal Building, Suite 456
�ArY�rrr% Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
SHERMAN P. LEA, SR. Fax: (540) 853 -1145
Mayor Email: clerk(foanokeva.gov
November 21, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Michelle L. Dykstra
Raphael E. "Ray" Perris
John A. Garland
Anita J. Price
David B. ]tinkle
This is to advise you that I will not be present at the 7:00 p.m. session of Council on
Monday, November 21, 2016. Best wishes for a successful meeting.
Sincerely,
vid B. Trinkle
Council Member
DBT /ctw
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
We jointly sponsor a request of Shawn Hunter, Supreme Captain, 100 Fearless
Peacemakers, to share information with regard to the upcoming activities of the
organization at the regular meeting of City Council to be held on Monday,
November 21, 2016, at 2:00 p.m.
Sincerely,
P 4�.
Sherman P. Lea, Sr.
Mayor
i
Anita J. Pric�
Vice -Mayor
SPL /AJP:ctw
CITY OF ROANOKE
CITY COUNCIL
-
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
�'�gtotM
Roanoke, Virginia 24011 -1536
Telephone: (540) 853-2541
SHERMAN P. LEA, SR.
Pax: (540) 853 -1145
Council Members
Mayor
Email: clerkturoanokevagov
William D. Bestpitch
Michelle L. Dykstra
Raphael E. "Ray" Ferris
John A. Garland
Anita J. Price
November 21, 2016
David B.Trinkle
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
We jointly sponsor a request of Shawn Hunter, Supreme Captain, 100 Fearless
Peacemakers, to share information with regard to the upcoming activities of the
organization at the regular meeting of City Council to be held on Monday,
November 21, 2016, at 2:00 p.m.
Sincerely,
P 4�.
Sherman P. Lea, Sr.
Mayor
i
Anita J. Pric�
Vice -Mayor
SPL /AJP:ctw
OUTREAC. zzr, UOMMUNITy
H C
ENTER
100 FEAItZXSS PEACE
_ (Roanoke, IvA) M118EItS
o Melrose
Roanoke, V$ 24017 W
Email: shhwnhun�er277 ahogco�n
Phone; (540) 278.3551
DTI YOU OF THE SENSELESS VIOLENCE?
OU WANT PEACE IN THE STREETS?
FEARLESS pCIN THE 100
EACENt,��RSrI
BECOME WOMEN VPHp F THE MANY MEN AND
MAKING YOUR C� COMMITTED TO
AND SAFE PLACE TO LI� DE
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
I am enclosing copy of Ordinance No. 40705 - 112116 amending the Planned Unit
Development Plan and repealing all proffers binding upon a tract of land located at
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., designated as Official Tax Map
Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively; and
zoning as INPUD, Institutional Planned Unit Development District, without proffers, as
set forth in the Zoning Amendment Amended Application No. 1 dated October 21, 2016.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
S�inn- c erely,
Stephanie M. Moon Reynolds, M
City Clerk
Enclosure
c: Danny E. Broach, Manager, Ivy View, LLC, 3980 Premier Drive, Suite 130, High
Point, North Carolina 27265
VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011
Lester Management Group, LLC, 7231 Lamarre Drive, N. W., Roanoke, Virginia
24019
James L. Woltz, 23 Franklin Road, S. W., Roanoke, Virginia 24011
Land Account, LLC, 2018 Electric Road, Box 120, Roanoke, Virginia 24018
Jason D. Murphy, 114 26" Street, S. E., Roanoke, Virginia 24014
W. Chan and Kae N. Bolling, 2341 Woodcliffe Road, S. W., Roanoke, Virginia
24014
J. Wysor Smith, Jr., 1010 2nd Street, S. W., Roanoke, Virginia 24016
Henry Scholz, 2335 Broad Street, S. W., Roanoke, Virginia 24014
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avmme, S. W., Room 456
Roanoke, Virginia 24011 -1536
'1'cicpLOnc (540) 89 -2541
Pn.v: (541))89 -1145
S I'IWI IAN I L: M. MOON RLYNOLDd, MM(.
E -nmil: I-k(aI anoke- or
CF.('r:L.IA F. A' \'
('ip ('Icrk
D111.111 ( lly ('ily 'Crk
November 22, 2016
('EXE.LIAT.WEBB,C'M('
A,,k(a,l DepnI, (iry Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
I am enclosing copy of Ordinance No. 40705 - 112116 amending the Planned Unit
Development Plan and repealing all proffers binding upon a tract of land located at
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., designated as Official Tax Map
Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively; and
zoning as INPUD, Institutional Planned Unit Development District, without proffers, as
set forth in the Zoning Amendment Amended Application No. 1 dated October 21, 2016.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
S�inn- c erely,
Stephanie M. Moon Reynolds, M
City Clerk
Enclosure
c: Danny E. Broach, Manager, Ivy View, LLC, 3980 Premier Drive, Suite 130, High
Point, North Carolina 27265
VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011
Lester Management Group, LLC, 7231 Lamarre Drive, N. W., Roanoke, Virginia
24019
James L. Woltz, 23 Franklin Road, S. W., Roanoke, Virginia 24011
Land Account, LLC, 2018 Electric Road, Box 120, Roanoke, Virginia 24018
Jason D. Murphy, 114 26" Street, S. E., Roanoke, Virginia 24014
W. Chan and Kae N. Bolling, 2341 Woodcliffe Road, S. W., Roanoke, Virginia
24014
J. Wysor Smith, Jr., 1010 2nd Street, S. W., Roanoke, Virginia 24016
Henry Scholz, 2335 Broad Street, S. W., Roanoke, Virginia 24014
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
November 22, 2016
Page 2
c: The Ronald B. Dingier Estate Trust, 2424 Oregon Avenue, S. W., Roanoke,
Virginia 24015
ARD Properties, LLC, P. O. Box 20511, Roanoke, Virginia 24018
K. Wayne and Beverly A. Booth, 2326 Franklin Road, S. W., Roanoke, Virginia
24014
Chase Morgan Associates Corporation, P. O. Box 8103, Roanoke, Virginia
24014
Samuel M. Garst, 378 Calypso Road, Moneta, Virginia 24121
Smith and Associates, LLC, 1010 2ntl Street, S .W., Roanoke, Virginia 24016
Norfolk Southern Railroad, 110 Franklin Road, S. E., Roanoke, Virginia 24011
PENC, LLC, 2322 Carolina Avenue, S. W., Roanoke, Virginia 24014
Alan Katz, 2410 Broadway Street, S. W., Roanoke, Virginia 24014
Rupert B. Bonhotel, 2516 Stanley Avenue, S. E., Roanoke, Virginia 24014
GKRR, LLC, 5584 Salisbury Drive, Roanoke, Virginia 24018
David G. and Maddie S. Hollandsworth, 2604 Wildwood Road, Salem, Virginia
24153
Cynthia S. Blackburn, 2135 Lynn Avenue, S. W., Roanoke, Virginia 24015
Randal Tickle, 2131 Lynn Avenue, S. W., Roanoke, Virginia 24015
Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216
Howard L. Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014
Harry G. Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091
Michael J. and Angela Raplomatas, 5065 Williamsburg Court, S. W., Roanoke,
Virginia 24018
Richard A. and Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014
Cecil E., Jr., and Audrey B. Hodges, 2024 Winston Avenue, S. W., Roanoke,
Virginia 24014
TBC Realty Associates, LLC, 2580 Broadway Street, S. W., Roanoke, Virginia
24014
The Honorable Evelyn Powers, City Treasurer
The Honorable Brenda Hamilton, Clerk of the Circuit Court
Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Brian Townsend, Assistant City Manager for Community Development
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director of Real Estate Valuation
Tina Carr, Secretary, City Planning Commission
IN'I'lll! COIINCII.OI'II II! ('I'll' (11 ROANOItiIt, VIRUINIA
The llyt day ul Nuvc�inLr r, 2016.
No. 4070', - 112116.
AN ORDINANCH to amend a Planned t III it Ih VClupnsnt Plan and repeal all conditions
proffered as part oft) previous rezoning of cerinin properl ics located at 2207, 2203, 0 (zer(,), 2219, 0
(zero), and 221 Frnnldin Roud, S.W., bearing 011icial' fax Map Nos. 1150102, 1 150104, 1150106,
1150108, 1150112, and 1150113, respectively; and dispensing with file .second reading of this
ordinance by title.
W 1 I FR FAS. Danny E. 131onch, Manager, on behal f of Ivy V i ew, LLC- has made application
to the Council of the City of Roanoke, Virginia ('City Council "), to amend a Planned Unit
Development Plan and certain conditions prescmly binding upon a tract of land located at 2207,
2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S. W., being designated as Official Tax Map
Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1 150113, respectively, whichproperties
are zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers
being accepted by the adoption of Ordinance No. 40062- 091514, on September 15, 2014;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
November 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 amendment of the Planned Unit Development Plan
and ccrtoin conditions pIcscnlIy hinding upon a tract of land located at 2207, 2203, 0 (zero), 2219, 0
(zero), and 2211 Pmrddin 12ood, S.W., being designated as Official "Tax Map Nos. 1150102,
1150104, 1150106, 1150108, 1 150112, and 1150113, respectively, whichproperty iszoned iNPUD,
Institutional Planned Unit Development District, with conditions, such conditions being accepted by
the adoption of Ordinance No. 40062-091514, on September 15, 2014;
WI IFRIiAS, this Council, alter considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
prosenled at tle public hearing, finds that the public necessity, convenience, general welfare and
good zoning practice, require the amendment of-the Planned Unit Development Plan and proffers
applicable to the subiect property, and is of the opinion that the conditions now binding upon a tract
of land located at 2207, 2203, 0 (zero), 2219, 0 (zero), and 2211 Franklin Road, S.W., being
designated as Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150112, mid 1150113,
respectively, should be repealed as requested, and that suchproperty be zoned INPUD, Institutional
Planned Unit Development District, without proffers, as set forth in the Zoning Amendment
Amended Application No. 1 dated October 21, 2016, as herein provided.
THEREFORE, BE IT 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
the repeal ofthe proffered conditions as requested in the Zoning Amendment Amended Application
No. I dated October 21, 2016, so that the subiect property is zoned INPUD, Institutional Planned
Unit Development District, with no conditions.
Pmsuanl to the provisions Df Section 12 of the City ('hurler, the second I caling of this
orclinuncc by title is hereby dispensed with.
•
Amend PUD end p ,,, ivy vicledao
City Clerk
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Application by Ivy View, LLC, to repeal all conditions proffered as
part of a previous rezoning and amend the Planned Unit
Development Plan as it pertains to the properties located at 2207,
2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official
Tax Nos. 11 50102, 1150104, 1150106, 11 50108, 1150112, and
11 50113, respectively.
Recommendation
The Planning Commission held a public hearing on Monday, November 14,
2016. By a vote of 6 - 0, the Commission recommended approval of the
rezoning request, finding that the Amended Application No.] is consistent with
the City's Comprehensive Plan, Franklin Road /Colonial Avenue Neighborhood
Plan, and Zoning Ordinance as the subject property will be redeveloped for an
active use appropriate to the surrounding area.
Application Information
Request:
Amendment of Planned Unit Development Plan and
Repeal of Proffered Conditions
Owner:
Danny E. Broach Ivy View, LLC
Applicant:
N/A
Authorized Agent:
Maryellen F. Goodlatte, Es q., Glenn Feldmann
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site
Address /Location:
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W.
Official Tax Nos.:
1 1 50102, 11 50104, 11 50106, 1 1 50108, 1 1 501 1 2, and
1150113
Site Area:
3.4295 acres
Existin Zonin :
INPUD, Institutional Planned Unit Development
Proposed Zoning:
INPUD, Institutional Planned Unit Development
Existing Land Use:
Vacant
Proposed Land Use:
Mix of commercial and assembly uses including
residential separately and as part of mixed use buildings
as outlined further on the development plan
Neighborhood Plan:
Franklin Road /Colonial Avenue Plan
Specified Future
Light Industrial and General Commercial
Land Use,
Filing Date:
Original Application: September 26, 2016
Amended Application No. 1: October 21, 2016
Background
In 2004, twelve properties and right -of -way at the intersection of Franklin Road
and Wonju Street were rezoned from C -2, General Commercial District, and LM,
Light Manufacturing District, to INPUD, Institutional Planned Unit Development,
permitting the development of a mixed use retail /office development that was
known as the Ivy Market development. A grocery store and drug store with
associated site improvements were built on the westernmost properties.
However, no development occurred on the properties subject to this request.
The grocery store closed in 2009 and the building was vacant until the
development plan for that portion of the properties was amended in early 2014
with an expanded list of uses. In the second half of 2014, the owner amended
the development plan for the remainder of the properties to facilitate the
continued development for uses including retail and restaurants.
In September of 2016, the applicant's authorized agent met with staff to discuss
the possibility of amending the development plan for the vacant portion of the
properties to permit a different configuration of buildings on the property.
The applicant subsequently filed an application to amend the planned unit
development plan and repeal conditions for the properties at 2207, 2203, 0,
2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102,
11 50104, 11 50106, 11 50108, 11 5011 2, and 11 50113, respectively. (Official Tax
Nos. 1150106 and 1150112 both have a street address of "0 Franklin Road, S.W. ").
The conditions proposed for repeal that remain applicable to the proposed
development have been incorporated as standards on the PUD development plan.
In October of 2016, the applicant filed an amended application clarifying the
architectural detailing of and landscaping along the fa4ade facing Franklin Road
for building "A" on the development plan.
Proffered Conditions
The conditions proposed for repeal on the 3.4295 acre parcel (being Official
Tax Nos. 1150102, 1150104, 1150106, 11 50108, 1150112, and 1150113), set
forth on the INPUD Development Plan dated August 6, 2014 and adopted
through enactment of Ordinance No. 40062-091514, require three (3)
entrances to serve the site, one with a divider median and restricted traffic
flows; require architectural compatibility of all buildings on the site through
materials and style; restrict the height of buildings; require transparency,
primary entrances, and articulation to prevent blank walls on building fa4ades
facing Franklin Road; restrict the number, size, and location of freestanding
signs, ground signs, and building signs; require illumination levels for parking
and drives to be eight foot candles or less; require certain parking lot lighting
design; require proffered conditions to bind any portion of parcels subdivided
or re- combined; and limit the use of the property to particular uses.
The conditions proposed to be imposed, set forth in the INPUD Development
Plan of Amended Application No.1, dated October 19, 2016, require particular
placement of buildings, landscaped areas, and parking on the site; require
three (3) entrances to serve the site, one with a divider median and restricted
traffic flows; require architectural compatibility of all buildings on the site
through materials and style; restrict the height of buildings; require
transparency on Building "B" and a combination of particular types of
articulation on Building "A" to prevent blank walls on building fa4ades facing
Franklin Road; require a primary entrance visible from and within a certain
distance from Franklin Road; require foundation plantings along the Franklin
Road fa4ade of Building "A "; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels
for parking and drives to be eight foot candles or less; require certain parking
lot lighting design; require proffered conditions to bind any portion of parcels
subdivided or re- combined; and limit the use of the property to particular uses.
All development must be in substantial conformance with the development plan
and other applicable standards of the zoning ordinance (e.g., landscaping and
screening).
Considerations
The property is part of a larger commercial development located at a
commercial crossroads along Franklin Road. It is currently zoned INPUD and an
amendment to the planned unit development plan has been requested that
significantly changes the proposed development of the property. The proposed
redevelopment proposal was evaluated based on market demand, design, site
size, location, accessibility, and infrastructure to determine if the proposed
redevelopment of the property fulfills the City vision for redevelopment of
underutilized commercial sites.
Surrounding Zoning and Land Use:
Zonin District
Land Use
North
Railroad and
Railroad,
I -1, Light Industrial District
I Vacant and Warehouse
South
CG, Commercial - General
Office, general or professional, and
District
Vacant
Compliance with the Zoning Ordinance:
The purposes of the INPUD District are to encourage harmonious development of
institutional uses and mixed -use campus developments, to provide flexibility for
creative development, to minimize potential negative impacts of institutional
uses on neighboring uses, and to recognize the special complexity and
interrelationships of land uses and activities in these institutional complexes.
In a Planned Unit Development District, many of the dimensional regulations
are defined by the PUD development plan. The proposed development plan
displays the required information through graphics and text.
Signage is regulated in the INPUD district by what is specified on the
development plan or is the same as CG when not specified by the development
plan. The development standards in the proposed development plan limits the
number of ground signs on the subject properties to conformance with the CG
zoning district with a maximum of two ground signs for the entirety of the
subject properties. Those ground signs located at vehicular entrances may serve
as identification signs for the center development. The building mounted
signage on Building "A" is limited to 1850 square feet of signage placed on the
facades, and need not be proportionally allocated. All other development
standards regarding signage listed on the proposed development plan remain
the same as in the existing development plan.
An original traffic impact study was completed in 2002 and updated in 2004 in
association with the original rezonings. The applicant submitted new trip
generation analysis based on the proposed amendment to the INPUD that shows
a reduction in peak hour vehicle trips. No traffic study is required at this time.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Plan are based
on the value of existing development in neighborhoods as guiding principles
for new development and redevelopment of land. While change is expected as
the City grows, new development must consider the character and development
pattern of the surrounding area. The plans indicate that the subject properties
Zoning District
Land Use
East
CG, Commercial - General
Gasoline station, Retail sales
District
establishment, Personal service
establishment and Vacant
West
INPUD, Institutional
Medical Clinic, Laboratory (dental,
Planned Unit Development
medical, or optical), Laboratory (testing),
Health and Fitness Center, Office, General
or Professional and /or Hospital
(Outpatient Facility Only), Eating and
drinking establishment
Compliance with the Zoning Ordinance:
The purposes of the INPUD District are to encourage harmonious development of
institutional uses and mixed -use campus developments, to provide flexibility for
creative development, to minimize potential negative impacts of institutional
uses on neighboring uses, and to recognize the special complexity and
interrelationships of land uses and activities in these institutional complexes.
In a Planned Unit Development District, many of the dimensional regulations
are defined by the PUD development plan. The proposed development plan
displays the required information through graphics and text.
Signage is regulated in the INPUD district by what is specified on the
development plan or is the same as CG when not specified by the development
plan. The development standards in the proposed development plan limits the
number of ground signs on the subject properties to conformance with the CG
zoning district with a maximum of two ground signs for the entirety of the
subject properties. Those ground signs located at vehicular entrances may serve
as identification signs for the center development. The building mounted
signage on Building "A" is limited to 1850 square feet of signage placed on the
facades, and need not be proportionally allocated. All other development
standards regarding signage listed on the proposed development plan remain
the same as in the existing development plan.
An original traffic impact study was completed in 2002 and updated in 2004 in
association with the original rezonings. The applicant submitted new trip
generation analysis based on the proposed amendment to the INPUD that shows
a reduction in peak hour vehicle trips. No traffic study is required at this time.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Plan are based
on the value of existing development in neighborhoods as guiding principles
for new development and redevelopment of land. While change is expected as
the City grows, new development must consider the character and development
pattern of the surrounding area. The plans indicate that the subject properties
are located in an area denoted for commercial and industrial development. The
previous creation of the INPUD reflects previous policy decisions that a mixed
commercial development is appropriate in this area. The amendment of the
planned unit development plan will allow for development of an unbuilt portion
of a commercial center along Franklin Road to continue. Relevant policies and
action items in the comprehensive plan include:
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
ED A26. Identify underutilized commercial sites and promote
revitalization.
ED A33. Explore redevelopment of areas identified for industrial,
commercial, or mixed -use development or reuse such as
• Franklin Road between SJRA (South Jefferson
Redevelopment Area) and Wonju Street.
City Design: Local Commercial Centers
Site development should be maximized through reduced
parking spaces, increased lot coverage, and parcels developed
along street frontages (p.92).
The Franklin Road /Colonial Avenue Plan recognizes the need for the
redevelopment of commercial sites along the Franklin Road Corridor. The site
is part of a larger overall commercial development located at one of the major
intersections of Franklin Road. Relevant policies and action items in the
neighborhood plan include:
Community Design:
Design: Future commercial development should adhere to the design
principles of Vision 2001 -2020 for commercial corridors:
o Concentrations of higher- density, mixed use development
and live /work space at key intersections.
Minimal curb cuts, shared parking, increased lot coverage,
signs collocated, no excessive lighting, and orientation of
buildings close to the street.
Parking: Paved parking spaces should be minimized.
Franklin Road Area: Require new developments to incorporate urban
amenities (e.g. sidewalks and curbs), and mixed -use (commercial and
residential) where possible.
Economic Development:
Franklin Road: Maintain commercial zoning that will retain existing
businesses and attract new establishments.
Commercial Centers: Identify or create nodes along Franklin Road for
commercial centers; concentrations of small- to medium- sized
commercial establishments.
Quality of Life:
Commercial /Industrial Development: Commercial and industrial
development should be economically viable without threatening the
environment and high quality of life of the area.
Infrastructure Policies:
Streetscapes: Streetscapes should be well maintained, attractive and
functional for pedestrian, bicycle and motor traffic.
Curb, gutter and sidewalk Improvements: New developments and arterial
and collector streets should have urban amenities such as sidewalks and
curb and gutter and appropriate species of trees should also be planted
along streetscapes.
Public Comment Summary
None
Planning Commission Work Session (October 7 2016):
The following items were discussed in the Planning Commission Work Session
for compliance with City policy and ordinances.
Concern was expressed that the building design conditions for Building
A do not provide enough detailing to prevent a nearly blank wall facing
Franklin Road. Currently, the conditions require meeting one
articulation element from List A and two or more articulation elements
from List B. It would be preferable to see at least two of those
articulation elements required from List A, with one of the articulation
elements being offsets to the building fa4ade with a minimum depth of
two feet, along with the two or more articulation elements required
from List B.
• Concern was expressed about the buildings proximity to the public
sidewalk. A condition requiring the building be set back farther than 3
feet would be preferred.
• Concern was also expressed about the lack of specificity in the
language regarding shrubs and trees along the Franklin Road facade of
Building A. Adding language regarding the number of shrubs along
the facade and specifying that they will be along the entire facade
would be preferred. Trees along that facade would be preferred as
well.
The Applicant subsequently filed Amended Application No.l addressing some
of the comments, including the level of detailing of and the landscaping along
the Franklin Road facade.
Conclusions and Recommendations
In 2004, City Council approved an Institutional Planned Unit Development Plan
( INPUD) for this area, including the subject properties, which proposed a
58,000sf grocery store, a 14,800sf retail sales establishment, and four mixed
use buildings totaling 110,000sf with underground parking and parking
garage. The grocery store and retail sales establishment were built. The
grocery store closed in 2009 and the building was vacant until the development
plan for that portion of the development was amended in early 2014 with an
expanded list of uses.
In late 2014, City Council approved another INPUD for the remaining
undeveloped parcels reducing the size and scope of the development to four
mixed use buildings in building footprints of approximately 40,000sf visually
open to Franklin Road with pedestrian and vehicular circulation systems linking
the proposed development to the existing development and Franklin Road. The
building located closest to Franklin Road and the existing development recently
opened as a restaurant, but the remainder of the parcels remains undeveloped.
The City policy of orienting buildings close to the street clearly defines the
streetscape and brings human activity to the forefront. The newly proposed
plan for the remaining undeveloped sites enlarges the building at the
northeastern most portion of the development to accommodate an
approximately 24,000sf grocery store. The plan continues to define the
streetscape and bring activity to the street with the placement of the store close
to Franklin Road with an appropriately detailed facade in place of transparency.
The maximum building height remains fifty feet.
The new development plan addresses other policy of the comprehensive plan
and neighborhood plan through the maximized site development with shared
parking areas, trees located along street frontages, greater land uses
appropriate to a village center /commercial center area, and a circulation pattern
for pedestrian as well as vehicular transportation.
The principal consideration is whether the proposed amendment to the planned
unit development plan is consistent with Vision 2001 -2020 and the Franklin
Road /Colonial Avenue Plan. The proposed development enables the
completion of an undeveloped portion of a commercial center, at a key
intersection, while increasing the types of uses allowed. Staff finds that the
plan, as proposed, is consistent with these plans as it redevelops an existing
commercial site that is specifically targeted in each plan with uses and forms
that are appropriate to the surrounding neighborhoods.
Planninq Commission Public Hearinq (November 14. 2016
None
firwut Na&/
Kermit Hale, Chair -A ��
City Planning Commission
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
Danny E. Broach, Ivy View, LLC
Maryellen F. Goodlatte, Esq., Glenn Feldmann
DepaMrent of Pla nhp, Bukdkg and Development
Rohn 155, Noel C. TeylorMu l*W Building
215 Church Avenue, S.W.
Roanoke, VIA 24011
Phone: (640) 853-1730 Fax (540) 8531230
Dale: (L,+�(p{ytJ zt l,.lo /b
❑
Rezoning, Not Otherwise Listed
Subavtlel Number ended Applksticn Na.1
❑ Recurring, Conditional
❑
Reasoning to Planned Unit Devaioprnent
❑ Establishment of Comprehensive Sign Overlay District
wl: Nlio
ROANOKE
4Bok Hereltr PtM
❑x Amendment of ProBered Conxigloras
Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address; 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., Roarke, VA
OBkgel Tax No(s).: 1150102, 1150104, 1150106,1150109, 1150112, and 1150113
Existing Base Zoning: ❑x WIN Conditions
( NIMWemrus ,pbaeemaNralysnleragdstdcls.) INPUD, Institutional Planned Unit Development
❑ without Conditions
Ordinance Nola). for Existing CwK lions (If applicable): 4;962 - 091514
Requested Zoning: INPUD, Instlnnlonal Planned [j] With Conditions Prop
❑VBNad Condllbre Land ties: SEE ATTACHED
Name: Ivy New, LLC, ATTN; DanrryE Broach, Manager Phone Number. +h (336)9058916
Address; 980 Premler Ddve, Suhe 130, High Paint, NC 27265 E-WIF. dbroach®bankolncoom
IVY View,
By: 4NR19E2
PropNty0wnete Sirelure:
Name: Phone Number.
Address
E -Mall:
Apps Signature:
Name; IMaryellen F. Goodlatte, Esq, Phone Number. +1(sw)224 -ea78
Add,,yleIs: Ienm Feldmann,etal., P.O. Box 2887, Roanoke, VA 24001 -2887 E-Mail: mgoodlattepglennreldmann.com
7v Ia21.5. z&— F• %%e
Autlprked Agents SlpreWre
Proposed Land Use,
Financial Institution
Office, General or Professional
Business Service Establishment, not otherwise listed
Medical Clinic
Mixed Use Building
Bakery, Confectionary, or Similar Food Production, Retail
General Service Establishment, not otherwise listed
Personal Service Establishment, not otherwise listed
Pet Grooming
Retail Sales Establishment, not otherwise listed
Eating Establishment
Eating and Drinking Establishment, not abutting a residential district
Eating and Drinking Establishment, abutting a residential district
Entertainment Establishment, abutting a residential district
Entertainment Establishment, not abutting a residential district
Health and Fitness Center
Meeting Hall
Parking, Off -Site
Dwelling, Multifamily
ROANOKE
r Completed application form and checklist.
r Written narrative explaining the reason for the request
r Metes and bounds description, if applicable.
G Filing fee.
r Concept plan meeting the Application Requirements of Rem '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'2(c)' in Zoning Amendment Procedures. Please label as
F' 'development plan' Bproffered.
F- Oevelopmenl plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
r Comprehensive s(gnage plan meeting the requirements of Section 36 ZM6(d)(2) of the City's Zoning Ordinance,
G Amended development or concept plan meeling the Applicatln Requirements of kem'2(c)' in Zoning Amendment Procedures,
If applicable,
r Written proffers to be amended. See the Citys Guide to Proffered Conditions.
r Copy of previously adopted Ordinance.
r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
F- Traffic impact analysis.
I- Concept plan.
F- Proffered conditions, if applicable.
r Required fee.
'An electronic copy of this application and checklist can be found at .roanokeva.govlpbd by selecting 'Planning Commission'under
'Boards and Commisakms'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
stag.
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NARRATIVE
In December 2004, twelve (12) tracts of land and right -of -way at the intersection of Wonju Street
and Franklin Road were rezoned from C -2, General Commercial District and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to
certain conditions proffered by the applicant. In August 2007, those conditions were amended
with respect to one of the twelve tracts (i.e. tax map parcel 1150108) to permit the erection of a
temporary freestanding sign. In April 2014, the conditions were amended with respect to tax
map parcel 1272504 to permit that parcel's change of use from a grocery store to medical clinic
and related uses to facilitate the redevelopment of that parcel by Carilion Clinic. In September,
2014 the conditions were further amended with respect to the balance of the site (i.e. 4.2869
acres) to facilitate the development of the Mellow Mushroom restaurant on what is now tax map
parcel 1150109 (Ordinance Number 40062 - 091514). The six parcels which are the subject of
this zoning amendment application (and which consist of tax map parcels 1150102, 1150104,
1150106, 1150108, 1150112 and 1150113) (collectively, the "Parcels ") were part of the acreage
included within the scope of the September, 2014 Ordinance.
While the September 2014 INPUD Development Plan anticipated the construction of the Mellow
Mushroom restaurant, no other specific users had been identified at the time that ordinance was
adopted. The September 2014 Ordinance recognized the importance of flexibility with respect to
the design plan for the Parcels. Since the redevelopment of the former grocery store by Carilion
Clinic and the construction of the Mellow Mushroom restaurant, Ivy View, LLC became better
positioned to attract an additional first -class user.
With the efforts of Harbour Retail Partners, an organization with significant experience in the
specialty grocer industry, a grocer is prepared to lease the 23,800 + /- square foot building
identified on the INPUD Development Plan dated September 23, 2016 and revised October 19,
2016 (the "2016 INPUD Plan ") as "Building A ". That grocer, with its focus on wellness and
healthy foods derived from sustainable agricultural practices, has numerous locations in the
Southeast and Midwestern United States. It expects to shortly make its announcement about this
Roanoke location and is working towards a store opening in late 2017. The store's indoor
seating will be designed to harmonize with outdoor seating planned for patrons. To complement
its overall philosophy, the grocer has requested that Harbour Retail Partners help incorporate
green initiatives, such as solar panels, skylights, cisterns, green (i.e. vegetative) wall panels,
electric charging stations, and similar sustainable elements into the building design to the extent
possible and to the extent economically feasible. The 2016 INPUT) Plan provides for the
development of one other building on the Parcels, users for which have not yet been established.
Ivy View is filing this application in order to remove all the conditions currently attached to the
Parcels and replace them with updated standards that will facilitate the development of the grocer
parcel and encourage the final build -out of the site in a fashion which will complement the
existing development.
The principals of Harbour Retail Partners involved in the development of the Parcels have
significant experience in the specialty grocery industry including the acquisition and
development of multiple specialty grocer- anchored shopping centers through the Southeast.
Their experience and intimate knowledge of the Roanoke market contributed to the decision of
the grocer to locate a new store in our community.
As shown on the original INPUD development plans, two access points on Franklin Road and
one access point on Wonju serve the Parcels. One access point on Franklin Road is situated near
Building A. The reciprocal easement with Carilion Clinic (a copy of which is attached) also
provides the Parcels access to the signalized intersection at Franklin Road as well as the Wonju
Street entrance, which are located on the Carilion parcel. Truck traffic serving Building A will
primarily use the Wonju Street access, which allows truck traffic to be routed along the rear of
the center, much as delivery trucks serving the former grocery store did. It is estimated that two
large trucks and four to five small trucks or vans will make deliveries to the grocer weekly.
The 2016 INPUD Plan shows two buildings which are sized and placed in order to meet the
requirements of the grocer while providing developmental symmetry, meeting parking
requirements, and meeting subdivision requirements. Ultimately, the 6 separate tax parcels
which comprise the Parcels will be combined and resubdivided in order to create up to 2 separate
tax map parcels. The INPUD Plan provides that the conditions noted thereon will apply to the
Parcels however they may be combined or subdivided in the future.
No adverse impacts to the surrounding area are anticipated. Quite to the contrary, the proposed
uses of the Parcels will promote and maximize the commercial development of the balance of the
site, as encouraged by the City's Comprehensive Plan, including the Franklin Road /Colonial
Avenue neighborhood plan.
In analyzing the impacts of the changes in use from those last proposed, the applicant's engineers
consulted with the City's traffic engineers and concluded that there would be no adverse traffic
impact on the area as a result of the change in use. Comparing the trips generated by the
proposed uses of the Parcel in 2004 against the use list (which has remained unchanged from the
uses allowed under the current Ordinance), the analysis shows a slight reduction in the number of
anticipated trips. A summary of that analysis is attached. The applicant understands that the
City's traffic engineers will require that the existing traffic signal (which had been installed after
approval of the 2004 plan) remain inactivated until such time as the level of traffic justifies the
activation of that signal.
In response to concerns expressed during the Planning Commission Work Session, the INPUD
Development Plan has been revised. Minimum articulation standards for Building A's fagade
facing Franklin Road have been strengthened. Offsets will be required within each 30 foot
section of that fapade. In addition, each 50 foot section of that fagade must include either a mural
or a green wall, plus a combination of two or more changes in color, materials or texture. To
help illustrate the proposed design of Building A, conceptual elevations are attached. Since the
lease agreement with the grocer has not yet been executed, the elevations are not finalized and
remain conceptual. But they help to illustrate the intended application of the articulation
standards set out on the amended INPUD Development Plan.
Additional detail as to the foundation plantings has also been incorporated in the Standards. The
revised INPUD Development Plan also includes an additional tree along Building A in order to
provide symmetry with the tree on the west (Mellow Mushroom) side of the entrance,
carrying the "street tree" effect across the entrance.
These additional articulation and landscaping requirements will enhance the visual appeal of
Building A to pedestrians and motorists along Franklin Road as well as to the
customers /patients of all the Ivy View establishments.
M THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2014,
No. 40062- 091514.
AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, by repealing Ordinance No. 36925 - 122004, adopted December 20, 2004 and
Ordinance No. 37875 - 082007, adopted August 20, 2007, to the extent that they placed certain
conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin
Road, S.W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109,
1150112, and 1150113, respectively; to amend the applicable Planned Unit Development Plan
pertaining to the aforementioned properties; and dispensing with the second reading of this
Ordinance by fide.
WHEREAS, Ivy View, LLC, has made application to the Council of the City of Roanoke,
Virginia ( "City Council'), to repeal Ordinance No. 36925- 122004, adopted December 20, 2004,
and Ordinance No. 37875. 082007, adopted August 20, 2007, to the extent that they placed
certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zem (0), and 2211
Franklin Road, S.W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108,
1150109, 1150112, and 1150113, respectively; and to amend the Planned Unit Development
Plan pertaining to such properties, to permit use of the property for a financial institution; office,
general or professional; business service establishment not otherwise listed; medical clinic;
mixed use building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
1
entertainment establishment, not abutting a residential district; health and fitness center; meeting
ball; parking, off -site; dwelling, multifamily instead of a mixed use facility with retail,
restaurant, office, underground parking, and parking garage previously permitted by the adoption
of Ordinance No. 36925- 122004, by City Council on December 20, 2004, and Ordinance No.
37875- 082007, by City Council on August 20, 2007;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after.conducting
a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on September 15, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed rezoning as described herein;
and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
convenience, general welfare and good zoning practice, require the actions sought and described
in this ordinance and the Zoning Amendment Amended Application No. I dated August 27,
2014, as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 36925- 122004, adopted December 20, 2004, and Ordinance No.
37875- 082007, adopted August 20, 2007, to the extent they placed certain conditions on
properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S.W.,
bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and
1150113, respectively, are hereby REPEALED as set forth in the Zoning Amendment Amended
2
Application No. I dated August 27, 2014, and that $36.2 -100, Code of the City of Roanoke
(1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, be amended to reflect such action.
2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect not only the repeal of Ordinance No. 36925-122004, adopted December 20,
2004, and Ordinance No. 37375- 082007, adopted August 20, 2007, as set forth herein, but also
the amendment of the Planned Unit Development Plan proffered as a condition of the conditional
rezoning, as it pertains to the properties bearing Official Tax Map Nos. 1150102, 1150104,
1150106, 1150108, 1150109, 1150112, and 1150113, as set forth in the Zoning Amendment
Amended Application No. I dated August 27, 2014.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
V*I �&�
City Clerk
KI
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I'm Map Nut; 1232 500,1150106,1150109,1150105 ,1150102,1150101,1150112, and 1150113
RECIPROCAL EASEMENTS. OPFRA'rIONS AND MAINI'ENANCF AGREEMENT
THIS RECIPROCAL EASEMENTS, OPERATIONS AVD MAINTENANCE
AGREEMENT (the "Agreements is made and entered into Ibis ,r�23_t` day of
2014, by IVY VIEW LLC. a Virginia limited liability company ( "Ivy Ken,'), a gran rand
=nice for purposes of indexing; and CARILION CLINIC PROPERTIES. LLC. a Virginia
limited liability company ("Carition'j, a gSgOtRr and aratime for purposes of indexing.
RECITALS
A. Contemporaneously with the recordation of this Agreement, Carillon acquired fee
title to certain real property situated in the City of Roanoke, Virginia, more particularly described
on Exhibit A attached hereto (the "Carilion Property").
B. Ivy View is the owner of certain adjacent real property situated in the City of
Roanoke, Virginia, more particularly described on Exhibit B attached hereto (the "Ivy View
Parortei.
C. The Carillon Property and the Ivy View Parcels are identified as "Lot A -1 A" and
"Parcel C -1 ", respectively, on that certain plat entitled "Plat Showing the Combination & Re-
Subdivision of Lot A -1 (5.3674 acres) M.B. 1, PG. 2956 and Parcel C (2.1050 acres) M.B. 1,
PG. 1430 Property of Ivy View, LLC Instrument #110009569 Creating Hereon Lot A -IA
(5.2179 acres) & Parcel C -1 (2.2545 acres), Situated &1 #2331 अ FmnkEn Road, S W, City
of Roanoke, Virginia" dated May 9, 2014 and prepared by Lulnsden Associates, P.C. (the
"Subdivision P1aP7. The Ivy View Parcels also include Tax Map Parcels #1150109,1150108,
1150102, 1150104, 1150112 and 1150113, each of which shall be subject to this Agreement.
D. Ivy View and Carilion desire to impose certain covenants and conditions herein
with respect to the Ivy View Parcels and the Carillon Property, respectively, for the benefit and
complement of both properties and the present and future owners) of the Ivy View Parcels and
the Carilion Property and its or their respective Permihees (as hereinafter defined), all as
hereinafter set forth.
NOW, THEREFORE, in consideration of the above recitals, other good and valuable
consideration, and of the easements, covenants and conditions herein contained, and for the
mutual complement and benefit of the Ivy View Parcels and the Carilion Property, Ivy View, ae
to the Ivy View Parcels, and Carillon, as to the Carillon Property, hereby declare, covenant and
agree that the Ivy View Parcels and the Carilion Property and all parts thereof and all present and
future owners and occupant's thereof, shall be and hereby are subjected to the essements,
covenants and conditions and provisions hereinafter set forth in this Agreement, as follows:
,nv...suroc
rev 10 MY 2914
AOREP.MENTS
Definitions. Forpurposeshereof
(a) 'Access Road Easement' shall mean the easement granted in Section 2,1 below,
and as shown on the Subdivision Plat
(b) "Building" shall mean any single or multi -story structure existing or constructed
by an Owner on a Parcel for medical, office, retail or parking purposes.
(c) ,Ckrk s oBice" shell mean the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia.
(d) "Common Areas" shell mean those portions of the Parcels which are not, from
time to time, Improved with Buildings or other structures and which ue designated and/or
Intended for use m Driveways, pedestrian walkways (including the Mentimine Terrace defined
below), sidewalks, landscaped and grassed areas, access ways to and from dedicated public
streets, erected or to be erected. thereon, as the same may be modified in accordance with the
terms of this Agreement.
(e) "Driveways" shall mean those drive aisles providing vehicular access across the
Parking Areas to and from the abutting public streets and the Awes Rood, including the ramp
Into the Parking Garage on Parcel C -1 u shown on the Subdivision Plat.
(f) "ExisdW Carillon Building" shell mean that certain 58,000 square foot building,
which currently exists on the Carillon Property.
(g) "First Mortgagee" shall mean the holder of the mortgage upon the fee interest in
my Parcel that has priority on such fee interest
(h) "Mezzanine Terrace" shall mean the existing pedestrian walkway over the ramp
to the puking (image attached to the Existing Carillon Building on the eastern side, u shown on
the drawing attached hereto as Eylibit C.
(i) "Owned' or "Owners" shell mean Ivy View and Carillon, individually and
collectively, as the context may require, and any and all successors or assign of such persons as
the owner or owners of fee simple title to all or my portion of the real property covered or
banegtted hereby, whether by ask, assignment, inheritance, operation or law, trustw's sale,
foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real
property.
(j) "Parcel" or "Farcek" shall mein each separately identified parcel of real
properly now constituting the Ivy View Parcels and/or the Carillon Property and my future
subdivisions thereof.
(k) "Parking Areas" shag mean the surface parking lot located on the Carillon
Property on top of the Perking Oarege, and any future parking areas located on the Ivy View
Parcels.
PG 0 1 1 1 MY 2914
p) "Perking Easement° shall mean the parking easement granted in Section 2A
below.
(m) 'Parking Garage" shall mean the existing underground portion of the parking
garage located on the Carillon Property.
(n) ' "Permtftear' shall mean the tenants) or occupant(s) of a Parcel, and the
respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of
such Percel, and/or (ii) such tenant(s) or o pant(s).
(o) "UttUty Easements" shall mean the utility easements granted in Section 3.1 and
3.2 below.
(p) "01111ty Easement Areas" shall mean those portions of the Commons Areas on
the Ivy View Parcels and/or the Carillon Pmperty where Utilities are located and relocated from
time to time pursuant to die terns of this Agreement
(r) ,VIguia" shell mean sanitary sewer linen, water lines, storm water pipes, electric
lines, natural gas fines, cable tclevision and other telecommunications lines, conduits, hydrants,
and other utility systems and includes situated within the Access Road Easement or on the
Common Areas and that are designed, intended and made available far fire use end benefit of one
or more of the Owners, including trunks and eomiections to any public facilities.
2. Access Easements.
2.1 Aceess Raed Easement Subject to any express conditions, limitations or
reservations contained herein, the Owner of die Carillon Property hereby establishes, grants and
oonveys to the Owner of the ivy View Parcels and its Permittees, for the beaeHt of the Ivy View
Parcels, a non-exclusive, perpetual right and eaaement for vehicular Ingress and agrees over the
existing 30' access road shown on the Subdivision Plat that serves as the primary access way
onto U.S. Route 220, a public right it -way.
2.2 Messarime Terrace Easement
(a) Subject to any express conditions, limitations or reservations contained
herein, the Owner of the Carillon ProPerty hereby establishes, &=is and conveys to the Owner
of the ivy View Parcels and its Permittecs, for the benefit of the Ivy View Parcels, a non -
exclwive, perpetual right and easemern for pedestrian access over the Meaanine Terrace. The
parties hereto acknowledge and agree that it is the intent ofthe Owner of the Ivy View Parcels to
develop additional retail and office was on the Ivy View Parcels and to ceased the Buildings
constructed on Parcel C -1 (as shown on the Subdivision Plat) to the Existing Carillon Building
by the Maaenine Terrine, so as to provide pedestrian access farm the Existing Carillon Building
over the Parking Garage ramp to the Ivy View Parcels and from the Buildings to be constructed
on Parcel C -1 over the Parking Garage ramp to the Ecisting Carilion Building. Upon request,
Carillon hereby agrees to grant reasonable temporary construction easements to the Owner of the
Ivy View Parcels in the future to allow for the construction of such future improvements.
wuw, .
P6 0 112 MY 2914
(b) Notwithstanding any provision of Subsection 2.2(a) above, and in
connection with the additional improvements to be constructed on the Ivy View Parcels adjacent
to the Mezzanine Terrace, the Owner of the Ivy View Parcels hereby agrees, for itself and its
successors and assigns, that it shall not construct any Building within less than forty-two (42)
feet of the mmm face of the Existing Carillon Building (the "Nestricled Building Arm-). The
Restricted Building Area shall be the me north of the line beginning at point R -21 and ending at
point 50 on the Subdivision Plat, as more pardcuiariy shown on tine drawing attached hereto as
Exhibit D.
(o) In the event that the Owner of the Ivy View Pamela has not concocted a
connection to the Mezzanine Terrace m or before December 31, 2016, than the Owner of the
Carillon Property may elect to remove the Mezzanim Tetmce upon sixty (6)) days prim written
notice to the Owner of the Ivy View Pacels. If the Owner of the Ivy View Pamela does rut
object in writing to the removal of the Meuanlne Termee within such sixty (60) day period (the
" Objecdon Letter, then the Owner of the Cerilon Property may remove the Masmnim Terrace
and record an instrument in the land records terminating the easement ova the Mezzoa the
Terrmce granted in Subsection 22(a) above. The Owner of the Ivy View Parcels may only object
to the removal of the Mazzaniue Termce as follows: (1) if the remove] of the Mezzanine Terrace
would cause structural damage to any existing Buildings located on the Ivy View Parcels, as set
forth in a written opinion from a professional engineer, or (it) if the Owner of the Ivy View
Parcels either (x) is currently constructing a connection to the Mezzanine Terms or (y) has
approved place to construct a connection to the Mezzanine Terrace, with such construction to be
completed within six (6) months after the date of the Objection Letts. If the Owner of the Ivy
View Parcels does not sand the Objection Letter within the sixty (60) day time period, than the
Owner of the Ivy View Parcels hereby agrees to execute a document to be recorded terminating
the easement ova the Mazmnine Terrors, upon request of the Owner of the Carillon Property.
The Owner of the Carillon Property shall perform any well removal of the Mezzanine Terrace in
a good and workmanlike manner, in acconlanec with all applicable laws, regulations and
ordinances and shall indemnify, and hold harmless the Owner of the Ivy View Parcels from any
claims, losses or damages suffered related to the removal of the Mezzanine Terms.
2.3 Driveway Easements.
(a) Subject many express conditions, limhatioce or reservations contained
heroin, the Owner of tlse Cerition Property hereby establishes, grams and convoys to the Owner
of the Ivy View Parcels and its Perruitiees, for the benefit of the Ivy View Pamela, a eurh-
exclusive right and easement for vehicular ingress and egress ova, across and upon the
Driveways.
(b) Subject to my express conditions, limitations or reservations contained
herein, the Owner of the Ivy View Pamela hereby establisher, grants and conveys to the Owner
of the Carlton Pmporty and its Permiums, for the bmerR of to Carillon Property, a non -
andusive right and easement for vehicular ingress mid egress over, acmes and upon the
Driveways.
2.4 Wring Easement.
11.1 1
!TO1 13 MY 29111
(a) Subject to my express conditions, limitations or reservations contained
herein, the Owner of tine Carillon Property hereby establishes, grants and conveys to the Owner
of the ivy View Parcels and its Permittees, for the benefit of and set an appurtenance to the Ivy
View Francis, a non- axclasive easement for vehicular pealing on, aver and across the Puking
Areas located an the Carillon Property, together with a non - exclusive easement for vehicular and
pedestrian ingress and egress by Ivy View, its successors, assigns and Patmittees, over the
existing Driveways located on the Carillon Property, ror providing ingress and egress to and
from the Parking Areas to U.S. Route 220. The Parking Basement shall not include the use of
the Parking Damage on the Carilion Property.
(b) The Puking statement shall be used for ingress, egress and parking of
passenger vehicles, by the Owner of the Ivy View Parcels and its Pemtittees.
(c) The use of the Puking Easement by the Owner of the Ivy View Parcels
and its Permittees shag not be permitted between the hours of 8:00am and 7:OOpm, Monday
through Friday (the "Rw&*kd Parkng Huurs'11, except for on state and federal holidays when
the offices located on the Carillon Property are closed to patients. Ivy View agrees to provide
signage, reasonably acceptable to Carillon, in the Parking Areas indicating the Restricted Parking
Hours, at its sole coat and expense. Such signage shall comply with all applicable laws and
regulations.
(d) Subsection 14(c) above shall not prohibit any Owner of any Parcel from
entering into any separate parking easement agreement in the future with the Owner of any other
Parcel; provided, however, each Owner shall maintain the appropriate number of parking spaces
on their respective Parcels to meet or exceed the requirements of the (Sty of Roanoke Zoning
Ordhmnce.
(e) So long as (I) access to any other puking space within the Puking Areas
is not materially interfered with: and (ii) the relocation of any parking sp saa in the Parking Areas
does not materially interfere with or require relocation, alteration or redirection of any
connecting puking spaces from my other Parcel, then either Carilion or Ivy View may relocate
any parking space on their respective Parcel.
2.5 Common Area Easements.
(a) Subject to any express conditions, limitations or reservation contained
herein, the Owner of the Carillon Property hereby o s bbrnefit gran and conveys p o each Ownter
of the Ivy View Parcels and its Pumiuees, Ivy
exclusive right and easement to use and enjoy the Common Areas, together with a nonexclusive
right and easement for pedestrian ingress and egress ova, access and upon the Common Areas
for the purpose of access to the Buildings and the Parking Areas.
(b) Subject to any express conditions, limitations or raervatlons contained
herein, each Owner of the Ivy View Parcels hereby establishes, greats and conveys to the Owner
of the Carillon Property end its Pumiftees, for the benefit of the Carillon Property, a non-
exclusive right and easement to use and enjoy the Common Arm, together with a nonexclusive
right and easement for pedestrian ingress and egress over, saes and upon the Common Areas
for the purpose of access to the Buildings and the Parking Area.
uxm� s
96 ®I I V MT 29 14
Utility and Drehime Easements.
3.1 Utility FAssments .
(a) Subject to my express conditions, limitations or reservations contained
herein, the Owner of the Ivy View Parcels establishes, grams and conveys to the Owner of the
Carilien Property, for the benefit of the Carillon Property, o ncn-exclusive perpetual easement in,
under, upon, Enough and beneath the Common Areas on the Ivy View Parcels for the
connection, comtmotion, installation, reconstruction, maintenance and use of Utilities to serve
the Carilion Property from time to time and the improvements now or hereafter constructed
thereon. The Owner of the Carillon Property shall also have the right to install manholes,
electrical transmission boxes or other necessary aboveground facilities in such Utility Easement
Areas incident to such Utilities. Notwithstanding the foregoing, in no event shall any
comiruedon, imWistion or maintenance of the Utilities that serve the Carillon Property
unreasonably impede the use of, or access to or from, any Parcel.
(b) Subject many express conditions, limitations or renovations contained
herein, the Owner of the Carillon Property establishes, grouts and conveys to the Owner of the
Ivy View Pa eels, far the benefit of the Ivy View Parcels, a non -exclusive perpetual easement in,
under, upon, trough and beneath the Common Areas on the Carillon Property for the
connection, construction, installation, reconstruction, maintenenca and use of Utilities to serve
the Ivy View Pmcels from time to time and the improvements now or hereafter constructed
thereon. The Omer of the Ivy View Parcels shall also have the right to install manholes,
electrical transmission boxes or other necessary aboveground facilities in such Utility Easement
Areas incident to such Utilities. Notwithstanding the foregoing, in an event shell any
consWclion, installation or maintenance of the Utilities that serve the Ivy Vim Pmcels
unreasonably impede the use of, or access to or from, any Parcel.
3,2 Storm Water Dreimila EasintlOnt.
(a) Subject to any express conditions, limitations or reservations contained
herein, the Owner of the Carillon Property establishes, grants and conveys to the Owner of the
Ivy View Parcels, for the benefit of the Ivy View Parcels, a perpetual, non-exclusive easement
for storm water drainage and management over, upon, stress and under the Common Areas for
the purpose of discharge, drainage, transmission and collection of storm and ground water on,
through end across the Carillon Property to the ortent necessary to serve the Ivy View Pamels for
surface drainage and fur inslahlation, maintenance, repair and replacement of the pipe and other
apparatus under and across the easement area
(b) Subject to any express conditions, limitations or reservations contained
herein, the Owner of the Ivy View Parcels establishes, grants and conveys to die Owner of the
Carillon Property, for the benefit of the Carillon Property, a perpetual, non - exclusive casement
for star water drainage and management over, upon, across and under the Common Areas for
the purpose of discharge, drainage, transmission and collection or strata and ground water on,
through and stress the Ivy View Parcels to the extent necessary to serve the Carillon Property for
surface drainage and for installation, maintenance, repair and replacement of the pipe and other
apparatus under end across the easement mace.
IM1,lml9
Po 0 I 15 MY 2914
3.3 Barriers . No barriers, fences or other obstructions (other than customary traffic
control devices and markers and temporary construction fencing) shall be erected at any dine
(including, but without limitation, during the completion of any repairs and/or maintenance
required to be performed hereunder) so as to materially impede or interfere with the Bow of
vehicular and pedestrian traffic to and from any Parcel over the Access Road Easement and to
and from any abutting streets or rights-of-way. The preceding sentence shall not prohibit the
reasonable designation of traffic and pedestrian lanes, nor shell the preceding sentence be
deemed to prohibit die development of any Parcel by an Owner of the Parcel, as may be
necessary to accommodate grid development so long as access between any Parcel and Route
220 remains open and passable of all times.
3.4 Unimemauxt of the A Road Common Areas and jLbUde.
(a) The Owner of the Carillon Property shall be responsible for the general
maintenance and repair of the Access Road and the ramp leading into the Perking Garage,
including, without limitation, resealing and repaving the road surface from time to time, in order
to keep such road and surrounding areas in good order, condition and repair, including the
removal of ice, snow and other debris from the Access Road and ramp (collectively, the Access
Road and Ramp Mahthmana % at its sole cost and expense.
(b) The Owner of the Carillon Property shall also be responsible for the general
maintenance and repair of the Me —nine Terrace, except to the extent any of the Mavenine
Terrace is located on the Ivy View Parcels, including keeping such walkway structure in good
order, condition and repair, including removed of ice, now and other debris from the Mezzmdne,
Terrace (the "MavAnlne Terrace Mahwenana" ). Cmllion and Ivy View each acknowledge and
agree that the Mezzanine Tormce was concocted to meet the Existing Carillon Building to
future Buildings located on the Ivy View Pascals. The Owner of the Ivy View Parcels shall be
responsible for the Mezzanine Terrace Maintenance for any Portion of the Mezzanine Team
which is located on the Ivy View Parcels, whether now existing or constructed in the future to
connect to future Buildings.
(e) The Owner of each Parcel shall be respoosibte for maintaining the
Driveways, Parking Areas, Common Ansrs, and Utgtties lased on is Parod in good order,
condition and repair, provided, however, that, in the event that any Utilities that cross a Parcel
serve one, but not more of the Parcels, then in such event, the party that is served by such
Utilities shall have the obligation to perform the maintenance on such Utilities and they shall
have the right to enter onto any of the other Parcels in order to perform any repair and/or
maintenance required from done to time an such Utilities in order to keep the same in good repair
and condition, and any damage caused by such entry shall be promptly corrected upon the
completion orsuch work Following the construction of improvements thereon, maintenance of
Common Arses and Parking Areas shall include, without limitation, maintaining and repairing
all sidewalks and the surface of the parking and roadway sress, removing all papers, debris and
other refuse from and pulodically sweeping all parking and road areas to the extant necessary to
maintain the same in a clean, safe mid orderly condition, maintaining appropriate lighting
fixtures for the parking areas and roadways, maintaining marking, directional signs, lines and
sniping as needed, maintaining landscaping, mNnaining signage in good condition and repair,
and performing my and all such other duties as we necessary to maintain such Common Areas
PS8 1 16 NY 29 ill
and Parking Areas in a clam, safe and orderly condition. Except as otherwise expressly provided
in this Agreement, once constructed, in the event of any damage to or destruction of all or a
portion of the Common Areas or any Parking Areas on any Parcel, the Owner of such Parcel
shall, at no cost or expense to the other Owners, with due diligence, repair, restore and rebuild
the seine to its condition prior to such damage or destruction (or with such changes as shall not
conflict with this Agreement). Each Owner reserves the right to alter, modify, reconfigure,
relocate and /or remove the Common Areas or building areas on its Parcel, subject to Use
following conditions; (i) the reciprocal casements, between [lie Parcels puauanl to Paragraph 2. 1,
22, 13 and 2.5 shag nut be closed or materially impaired; and (ii) ingress and agrees to and from
the Percale and adjacent streets and roads, including the Acees§ Road Easement, shall not be so
altered, modified, relocated, blocked Miller removed without the written consent of all Owners.
3.5 Relocation. Each Owner may relocate any portion of the Utilities located on such
Owner's Parcel from time to time, provided that (t) each relocation shell be made at the sole cost
road expanse of said relocating Owner (I!) the use of the Utilities for the intended use thereof is
not unreasonably restricted or materiaily impaired by, during or after relocation, (iii) the quality
of construction and the relocated facilities shall be substantially the same m the potion being
relocated, (iv) the relocation shall be carried out in such a manner u act to interrupt de use of
the Utilities by any Owner or Permit,", (v) the relocation is consistent with sound engineering
and control practices, and (vD ilia Owner of each of the Parcels ransoms to such relocation,
which consent shall not be unreasonably withheld, delayed or conditioned by such Owners.
Upon the relocation of any portion of tine Utiiitiae. any applicable easement areas established
hereunder shall be automatically adjusted and relocated to accommoduu the new location of
such facilities, and the portion of the easement arses of the prior location of such facilities shall
be ipso facto terminated vacated and extinguished.
3.6 Notic • Qg=wl io . Except as otherwise expressly set forth heroin, this
Agreement shall not obligate either Owner to construct any improvements on any Parcel. Prior
to an Owner commrcting any new improvements on another Owner's Parcel (as such right is
expressly granted herein), the Owner constructing such improvements shell submit a plan to the
Owner of the Parcel upon which such improvements will be constructed, which the Owner of
such Parcel shall approve or reject within ten (1 O) business days (which approval shall Out be
unreaseably withheld or conditioned), or said plan shall be deemed to have been approved. If
the Owner of such Parcel rejects the plan, the Owner seeking to construct such improvements
shall revise its plan and resubmit it to the Owner of the Parcel according to the arms of this
subsection, until it has been approved or deemed to have been approved. Except u otherwise
expressly set forth in this Agreement, neither Owner shall have the right to construct, instal,
maintain, repair and make replacements of any improvements upon the Parcel of mother Owner
without such Owner's prior written consort, which consent shall be in such Owner's sole and
absolute discretion. Notwithstanding anything to the contrary above, no Owner shall be required
to go through the above approval proms if the construction being done by an Owner an mother
Owner's Parcel is related to the maintenance, repair and/or replacement of my exsdng
improvements, pipes, drains, driveways or other exhsting facilities contained within ilia
easements provided for In this Agreement far which an Owner has the right or obligation to
maintain; however, my such eonstructian project that may adversely impact the use, parking or
access to or from my Parcel shall be ressonably coordinated with the effected Owner(s) to try to
minimise my each impacts.
..o,mv .
-PG 0 1 11 MY 2q 14
3,7 Insurance. Throughout the term of this Agreement, each Owner shall proems and
maintain Second and/or comprehensive public liability and property damage Imumrcc agnhrst
claims for personal injury, death, or properly damage occurring upon such Owner's Parcel and
any oil= Owner's Parcel upon which such Owner is performing construction or maintenance in
sufficient types and amounts so as to meet such Owner's obligations hereunder.
3.9 Indemdfromion. Each Owner having rights with respect to en easement granted
hereunder shall indemnify and hold the Owner whose Parcel is subject to the easement barndess
from and against all claims, liabilities and expenses (including reasonable attorneys' Sass)
relating to accidents, Injuries, Ions, or damage of or to any person or properly to the extent such
claims, Ilabihdes and expanses wise from the negligent, Intentional or willful acts or omissions
of such Owner, its wntmctor% employers, agents, or others acting on behalf of such Owner.
4. Taxes and Assessments. Each Owner shall cause to be paid promptly whan due all real
estate taxes and assessments levied or made by any governmental body or agency with inspect to
its Parent, or any payments in lieu of reel estate taxes, subject only to the right of said Owner to
defer payment in a manner provided by law In coanectlon with a bona fide come& of the amount
of such tax or assessment so long as the rights of the other Owners barmader shag not be
jeopardized by such deferring of payment.
5. No Rights in Public: No Implied Easements. Nothing contained herein shall be construed
as creating any rights in the genemt public or as dedicating for public use any portion of the
Parcels. No easements, oxcepl those expressly set forth in Sections 2 and 3 above, shall be
implied by this Agreement.
6. Remedies and Enforcement.
6.1 All Least and Eoutabls Remedies Avatla , In the event of a breach or
threatened breach by any Owner m its Psmuuees of any of the terms, Covenants, restrictions or
conditions hereof, the Owner of the Ivy View Parcels and/or the Owner of the COdUm Property
shall be entitled ibrlhwith to full and adequate relief by injunction and/or all such other available
legal and equitable remedies against the defaulting Owner or Patmium from the consequences of
such breach, including payment of any amounts due andlor specific performance, subject to the
notice and curd previsions of Section 6.2 below for all breaches other then a breach of the terms,
covenants, restrictions or conditions of Section 3.3, 3.5, 3.6 and 3.7 hemof,
6.2 iSolf Hcj@. In addition to all other remedies available at law or in equity, upon the
failure of a defecting Owner to cure a breach of this Agreement within thirty (30) days
following written notice thereof by an Owner (unless, with respect to my such breach the nature
of which cannot reasonably be cured within such 30 -day period, the defaulting Owner
Commences such cure within such thirty (30) day period and thereafter diligently prosecutes such
cure to completion and except for a breach of the rights created under Section 3.3, 3.5, 3.6 and
3.7 hereof, which shall not require notice and an opportunity to curt), any Owner shall have the
right to perform all such obligations contained in this Agreement on behalf of such defaulting
Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs
thereof, including, without lirdtdiou, reasonable attorneys' fees. All amounts due hereunder
from any Owner shall bear interest at the Prime rate at forth from time to time in the Wall Street
Journal (or a similar type publication), plus two percent (2 %) (not to exceed the maximum rate
PG 0 1 18 MY 2914
of interest allowed by law) (the "Default Raze "), from the date that the expense was incurred
until paid in full. Notwithstanding the foregoing, in the event of (t) an emergency, or (ii) a
blockage or material impairment of the easement rights granted in Sections 2 and 3 above, the
Omer of the Ivy View Parcels and/or the Owner of the Carillon Property may Immediately cure
the same on behalf of the defaulting Owner and be reimbursed by mob defaulting Owner upon
demand for the reasonable cast thereof, including without limitation, attorneys' fees, together
with interest eccruing at the Default Rate, from the date mob costs are incurred until the curing
Owner is paid in full.
6.3 U itayon on Enforcement Rights. Notwithstanding anything contained herein to
the contrary, only the Owner of the Ivy View Pacels and/or me Owner of the Carillon Property
shall have the right to enforce the terms, covemats and conditions of Sections 2 sold 3 or to
otherwise complain of a violation thereof. The terms, covemats and conditions of Sections 2
and 3 are not intended for the benefit of my Owner, Pemdttee or any person other than as
specifically provided in such Sections, and no other Owner. Permides or my ooh« person shall
have the right to complain of a violation Of or to seek to enforce, the tams, covenants and
conditions of Sections 2 and 3.
6.4 Romadies Lti m 7 tiers, The remedies spewed herein shall be cumulative and in
addition to all other remedies permitted at law or in equity.
6.5 No Temtination For Breech. Notwithstanding the foregoing to the contrary, an
breach hereunder shall anlitle wry Owner to cancel, rescind, or otherwise terminate this
Agreement. No breach hereunder shall defeat or trader invalid the Ilan of my mortgage or deed
of trust upon any Parcel made In good faith for value, but the easements, covenants, conditions
and restrictions hereof shall be binding upon and effective against any Omer of well Parcel
covered hereby whose title thereto is acquired by foreclosure, trauma's sale, or Otherwise-
6.6 Attorneys' pew. 10 the event u party imtitulw any legal action or proceeding for
the enferaement of any right or Obligation herein contained, the prevailing party shall be entitled
to recover its wets and =enable attorneys' face incurred in the preparation and prosecution of
snob action or proceeding.
7. Tom. The easements granted herein shall continue in perpetuity, unless this Agreement
is modified. amended, annealed or terminated by the written consent of all than record Owners,
and the Ford Mortgagee of both the Ivy View Percale and the Carillon Property, if then
applicable, pursuant to the terms of Section 11.1 below,
B. Eminent Dom 'n.
8.1 Effect of Tokine. In the event of a taking by my duly constituted authority for a
public or quasi - public use of all or any pan of my Parcel or sale in lieu of such taking (each a
"raking"), the provisions of this Agreement shall have no further applicability as to my portion
of a Panel so taken, but the perpetual easements created by this Agreement shall survive as to
the remainder of such Parcel not taken. If the Access Road is damaged as a result of mob
Taking, them the Owner of the Carillon Property shall, to the extent reasonably practicable, repair
and restore the remaining portion of the Access Road to a proper and usable condition.
,aster, ]0
PG 0 1 19 MY 29.1+1
8.2 Award. in the event of any Taking of the Access Road, the award attributable to
any Parcel and the buildings and improvements thereon shall be payable to the Owner of the
Carillon Property in order for the repair of Access Read to be completed m provided in Section
8,1 above, and no claim shall be made by the other Owners as to such award.
Sale, Conveyance cir Subdivision of Parcels.
9,1 c 1 f`nvveyocce of Paroel. At the time any sale, transfer Or conveymee
results in any kind oI change in ownership of o Parcel or my portion thereof, any grantee,
transferee, summer or assignee of an Owner shall take such ownership interest subject to this
Agreement and shall be bond by the covannn4% provisions, conditions and easements contained
in this Agreement which am applicable to such ownership interest from and after the effective
date of such sale, transfer or convaymm, and the prior Owner shall have no further liability for
anything arsing under this Agreement from and after the effective date of such sale, transfer or
conveyance; provided, however, that such prior Owner shall not be released from MY
outstanding obligations or causes of action that arose prior to such sale, transfer or conveyance,
which outstanding obligations shall continue to be a personal obligation of such prior Owner
until satisfied.
9.2 Subdivision. If a Parcel is subdivided, the Owner of such Parcel shall record a
supplement to this Agmcmonl in the Clerk's Office that shell allocate to one or more of such
subdivided parcels within the former Parcel the obligations (including, without limitation,
paymmUm)mbureenent obligations) of Stich Owner set forth in this Agrearnent. Such
supplement to this Agreement shall not restrict or impair the easement rights of any other Owner
created hereunder or impose upon any Owner of a Parcel or any Permilroe thereof my greater
maintenance or oust obligations than those created hereunder. Upon die recordation of tine
supplement to this Agreement (and the assumption of the Obligations described above by the
Owner of the subdivided Parcel to which the obligations are allocated), the Owner shall have no
further rights or obligations with respect to the matters described herein (e)(ccpt to the "mat the
Owner is the owner of the Parcel to which the obligations set forth herein have ham allocated).
Thereafter, the rasubdivided portion of the Parcel to which the obligations described herein have
been allocated shag be subject and subordinate to and required 10 'Comply with those obligations
set forth Parcel shaBmprovide a copy of such upP arrant on this PAgreemen�eell Owner her Ownais Promptly
after recordation.
10. Liability .
10.1 LL +tad of Liability. The liability of my Owner shall be limited to ucli
Owner's interest in its Parcel and the Building and other Improvements thereon and the rents,
income and profits therefrom. if at my time any Owner shall fail to perform any oovenmt or
obligation hum-tinder, and as a consequence, any other Owner shall recover a money judgment
against such Owner, such judgment shall be enforced and satisfied (subject to the rights of any
murleagce or decd of mist holder whose lion predates the entry orsuchjudgment), out of only (1)
the proceeds of We mulling from die =minion or sue], judgment and levy thereon against the
defaulting Owner's interest in its Parcel and ilia improvements thereon, (it) rents or other income
tram such property receivable by the defaulting Owner and /or (iiij the consideration madved by
such delhulling Owner from the sale of ail or any part of such Owmes hneresl in its Pamel made
r.cami> l l
1`6 01 2 0 Nr 29'14
after each failure of performance (which consideration shall be deemed to include any assets at
arty time held by such Owner to the extent that the value of same does not exceed the proceeds of
such sale).
10,2 EfLeg of Liabir ISmita' a. The provisions of Section 10.1 are not designed to
mlieve ally Owner from the performance of any of mail Owner's obligations under this
Agreement, but rather to limit the Owner's liability in the case of the recovery of a judgment
against such Owner as above provided None of the provisions of Section I D.I shall be deemed
to limit or otherwise atfecl any Owner's right to avail itself of any other right or remedy which
may be accorded to it by law or by this Agreement a against any Owner in breach of this
Agreement except as specifically provided in Section 10.1.
11. Miscellaneous.
11.1 Amendment. The Owner of the Ivy View Parcels and lire Owner of the Carillon
Property agree that the provisions of this Agreement may be modified or ameaded, in whole or
In part, or terminated, only by tire wrium consent of all then mound Owners of the Pounds and by
the then existing First Mortgagee of arch of the Parcels, evidenced by a document that has been
fully executed and acknowledged by all such record Owners and Frzat Mortgages end recorded
In the Cdw•k's O6iee. Notwithstanding anything to the contrary contained in this Agreement,
either Ivy View or Carillon shall have the right to "Hatefully assign its approval and
enforcement rights arising under this Agreement to a successor Owner from time to time by
recording an assignment of such rights in the Clerk's Office.
11.2 Cons . Any request for consent or approval under this Agreement shall: (a) be
in writing; (b) specify the section hereof which requires that such notice be given or that such
consent or approval be obtained; and (c) be accompanied by such background data as Is
reasonably neossary to make an Informed decision thereon.
11.3 No Waiver. No waiver of any default of any obligation by any person or sadly
shall be implied from my omission by any other person or entity to fake any action with respect
to such default.
11.4 No Aeenuv. Nothing in this Agreement shall be deemed or construed by my
person or entry to create the rslatonoldp of princdpel and agent or of limited or general partners
or of joint venturers; or of my other association between the Owners, any Permitter Wad my
other person or entity.
11.5 Covenants to Run with land. It is intended that each of the caserromM covemnts,
conditions, rights and obligations set forth heroin shall ran with the land and create equitable
servitudes in favor of the real property benefmtted thereby, shall bind every person having any
fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and
their suocessors, assigns, behrs, and personal representatives, subject to the limitations of Section
6.3.
11.6 Indemnity. If an Owner (die "Responsible Owner'), its employes or agents
commits a negligent or wrongful act or omission or a breach of this Agreement, the Responsible
Owner shall indemnify and hold every other Owner harmless (except for loss or damage
naw,> 12
r.
P�'U 12 I NY 2914
resulting from the tortious acts of such Owner) from and against any damages, liability, suits,
actions, claims and expenses (including attorneys' fees in reasonable amount) in coneection with
the loss of life, personal injury and/or damage to property occasioned wholly or in part by such
negligent or wrongful act or omission or breach.
11,7 Om_tao's a omoin!e. The grantee of any Parcel or any Pottim thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purchase
thereof, whether from an original parry in from a subsequent owner of such Parcel, shall accept
such deed or contract upon and subject to each and all of the easements, covenants, conditions,
himself and su=swM Budget, have � �o'� representatives, covenant; consent, and
himself end his suaesher arty,
agree ro and with the other perry. to keep, observe, wmDIY with, and perform the obligations and
agmements set forth herein with respect la the property so acquired by such gtantce. In no event
shall the term "successions and msigns' as used herein Include any tenant or occupant from time
to time of any Pateel or any Portion thereof; it being the intention of the Owners; that no cement
of any tenant or occupant shall be necessary for any amendment, modification, termination or
release of the rights and obligations contained In this Agreement.
11.8 Separability. Each provision of this Agreement and the application thereof to the
Parcels are hereby declared to be independent of and severable from the remainder of this
Agreement. If any provision contained herein shall be held to be invalid Of to be unenforceable
or not to run with the lend, such holding shall not aflbt the validity or onforecabiifty, of the
remainder of this Agreement. in the event the validity or enforceability army provision of this
Agreement is hold to be dependent upon the existence are specific legal description, the parties,
agree to promptly came such legal description to be pmPatod. Ownership of mom than one or
all of the Parcels by the same person or entity shall not terminate this Agreement nor in my
manner affect or impair the validity or enforceability of this Agreement.
11.9 Time of Essence. Time is of the essence of all terms contained within this
Agreement.
11.10 Entire Agreement. This Agreement contains the complete understanding and
agreement of the parties hereto with impact to all matters referred to berein, and all prior
representations, negotiations, and understandings are superseded hereby.
11.11 Notices,
(a) Nodees or other communication hemunder shell be in writing and shall be
seat certified mail, mmm receipt requested, or by national ovamight courier company, or
personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. he
Owners may change from time to time their respective address for notice hereunder, or, under, y
additional Owner may add its address for notice hereunder, by like notice to the other Owners.
The notice addresses of the Owners are 0 follows:
Ivv View Ivy Vi LLC
e/o Valley Pinantal Corpmation
Attention: Ellis L. Outshall
,.a . 13
Pca122 kv2alq
36 Chumh Avenue, SW
Romake, VA 24011
With a copy to: Calvin W. Fowler, Jr., Esq.
Williams Mulim
200 S. 10° Street, 16i6 Floor
Richmond, Virginia 23219
Carillon Carillon Clinic Proparties, LLC
213 Jefferson Street
Romoke, VA 24011
Attn: Curtis E. Mills, Jr., Real Estate Dept.
With a copy to: Thomas T. Palmer, Esq.
Woods Rogers
10 S. Jefferson Street, Suite 1400
Roattoke, Virginie24011
(b) Each Owner shell also send my other Owner's First Mortgagee a copy of
my notice of default given hereunder if and so long as such First Mortgagee shall have first
notified each Owner of its mailing address.
11.12 Governing Law. The laws of the Commonwealth of Virginia shall govern the
interpretation, validity, performance, and enforcement of this Agreement
11.13 Execution by Comtmoart. This Agreement may be exeeumd in as many
counterparts as may be required; and it shall not be necessary that the signature of, or on behalf
of, each party, or that the signatures of all persons required to bind any party, appear on each
counterpart; but it shall be sufficient that the signaium of, or on behalf of, each party, or that the
signatures of the persons required to bind any party, appear on one or more of such counterparts.
All counterparts shall collectively constitute a single document.
11.14 Batomol Certificates Each Owner shill, from time to time, upon not less then
twenty (20) days' notice from any Owner, execute and deliver to each requesting Owner a
cartificate stating that this Agreement is unmodified and in full force and effect or, if modified,
that this Agreement is in full force and etftct, as modified, and stating the modifications; and
stating whether or not, to die best of its knowledge, withdut Investigation, any Owner or
Permitme is in default under this Agreement, and, if M dafeult, specifying mob default.
11.15 No Third Party Banefieierv. Except as specifically provided in this Agreement,
no rights, privileges or Immunities of my Owner shall inure to the benefit of any Pennittee of
my Parcel or any other third party, nor shall my Permittee of any Parcel or my other third party
be deemed to be a third party beneficiary of my of the provisions contained herein,
11,16 1 bee to Lenders. Each Owner shall make commercially reasonable efforts to
provide any lender with a first priodty It= on the applicable Parcel with written notice of my
default or brsuuh by the Owner of such Parcel or claimed default or breach under this Agreement
At the same time as it sends such notice to the defaulting Owner. Such lender shall have the sane
m 14
PG ®12 3 MY 2111
opportunity to cmn such default provided to the delimiting Owner in accordanea with the tams
of this Agrecment. No action by each lands puraumt to this Agreement shall constitute or be
deemed to be an assumption by such leader of any obligation under We Agmeme d, accept as
otherwise expressly provided herein.
[See following pages for counterpart signetum page]
Pit 124 Mr 2q 14
IN WITNESS WHEREOF, the undersigned has executed this Reciprocal Easements,
Operation and Maintenance Agreement as of the date first set forth above.
IVY VIE :
IVY VIEW, LLC, a
Virginia limited liability company
v .RAW _.RR!
COMMONWEALTH F VIRGINIA
CITY/Bew*w OF __ 0 t , to•w[t•.
The foregoing instrument was acknowledged before me this 4']' day of
2014, by Ellis L. Gutshall, in his capacity ® Manager of Ivy View, LLC,
for and I behalf of the company. He is Personally known to me or has produced a valid state -
issued driver's license for identification.
Notary Public
My Commission Expires: I° I !g apj I
Notary Public Registration Number: Z QU A U
(AFFIX REPRODUCIBLE SEAL]
Nf11ARY PU9 8
Oammorwearth of M
Reg.
My COmmbatm EM Tres
16
PO 0 12 5 NY 29 IY
(Signature Page to Reclproca( lwsements, Operattoar and Afaintenanee Agreement]
C O :
CARILLON CLINIC PROPERTIES, LLC, a Virginia limited liability company
COMMONWEALTH VIRGINIA
CITY /6@kRFR' OF a U
The fomgoing insbumant wee acknowledged before me dis day, of
2014, by C in his rapacity u
of C"ili COnie Properti", LLC, for and on beh oft company. He is personalty known m
me or has produced a valid state -iuucd drivers license for identification.
Notary cantle
My common Exphs s:
Notary Public Regiatrmian Numb ":
[AFFIX REPRODUCIBLE SEAL]
uaw, r 17
PrM 12 b Hy 2`144
Lego! Oescricdon of the Carillon Prooartv
ALL that certain parcel of tend shown as "LOT A-JA�',md
den Ass�teapp oxidated y 5. 979
acres as shown on the sabdivisionplat prepared by
2014, a copy of which is to be recorded in the Clerk's Office, Circuit Court of the City of
Roanoke, Virginia
,w,un 18
RAF! 12 1 HT 2`114
MIRU H
Descrindon of the Ivy View Parcels
ALL that certain parcel of lend shoo as "PARCEL C-1" and containing approximately 2.2545
acres as shown on the subdivision plat prepared by Lumsden Associates, P.C. dated May 9,
2014, a copy of which is attached hereto, and to be recorded in the Clerk's Office, Circuit Court
of the City of Roanoke, Virginia (the "Subdivision Plat'7.
AND
Tax Map Parcel #1150109
Tex Map Parcel #1150108
Tax Map Parcel #1150102
Tax Map Parcel X1150104
Tax Map Peroel #1150113
Tex Map Parcel #1150106
Tax Map Parcel #1150112
All as shown on the Subdivision Plat.
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MOM a007JA: � Parcel C -1 (22W Aare:)
property of
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N,Igm _ Roanoke, !M' Zia
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RECOROEO IN THE CLERK' OFFICE OF
ROANOKE CITY ON
MAY 29, 2114 AT 01:13FO
BRENDA S.
RECORDED T; WRM
OFFICIAL RECEIPT
ROANOKE CITY CIRCUIT COURT
USED, RECEIPT
DATE: 05/29/14 TIXE: 13,13:12 ACCOUNT: 770=40005080 RECEIPT: 14000012762
CASSIUS: REM REG: UC04 TYPE; AS PAYMENT: FULL PAYMENT
LNSTROMEMT , 140009080 BOOK: PAGE: RECORDED: 05/29/14 AT 13:13
GRANTOR: IVY VIEW LLC EX: N LOC: C.I
ORANTAE: CARILION CLINIC PROPERTIES MC EX; N PCT: loot
AND ADDRESS : 213 S ONFPERSON STREET RUMORS, VA. 24011
RECEIVED OF C MOODS ROGERS PLC
CHECK; $35,00 2884
DESCRIPTION 1: 5.2179 ACRES PAGES. 24 OF 0
2; NAMES: 0
CONSIDERATION: .00 A /VAL: .00 MAP: 1272504
PIN: 1150106
301 DEEDS 28.50 145 VSLF 1.50
106 TECHNOLOGY TEST FED 5.00
TENDERED 35.00
AMOUNT PAID. 35.00
CHANGE AMP .00
CLERK OF COURT: BRENDA S. HAMILTON
PAYOR'S COPY
RECEIPT COPY 1 OF 2
Original INPUD Development Plan uses:
Use Type
Vehicle Trips— P.M. Peak, per 1,000 sf
'Supermarket (two-story, approx 110,000 sf total)
8.37x110= 1,000'
Specialty Retail (1" floor, approx. 75,000 sf total)
5.02x75 =377
General Office(2n° floor, approx. 75,000 sf total)
1.49x75 =112
Total Vehicle Trips
1,493
Amended INPUD Development Plan uses:
Use Type
Vehicle Trips— P.M. Peak, per 1,000 sf
- Medical Clinic (two -story, approx 120, 000 sf total)
5.18x120 =622'
Specialty Retail (1R floor, approx. 75,000 sf total)
5.02x75 =377
General office (2- floor, approx. 75,000 sf total)
1.49x75 =112
Total Vehicle Trips
1,111
2014 Amendment to INPUD Development Plan uses:
Use Type
Vehicle Trips —P.M. Peak, per 1,000 sf
'Medical Clink (two-story, approx 120, 000 sf total)
5.18x120 =622•
Specialty Retail (I- floor, approx. 21,000 sf total)
5.02x21 =105
General offiice(P° floor, approx. 21,000 sf total)
1.49x21 =31
Restaurant (3 units, approx. 6,300 sf each, approx.
19,000 sf total)
9.02 x 19 =171
Total Vehicle Trips
929
Proposed Amendment to INPUD Development Plan uses:
Use Type
Vehicle Trips— P.M. Peak per 1,000 i f
'Medical Clinic ( three -story, approx 180,000 sf total)
5.18x180 =932•
Grocery (approx. 23,800 sf)
8.37 x 23.8 =199
Quallty Restaurant (I units, approx. 6,800 sf)
9.02x6.8 =61
Fast -Food Restaurant (1 unit, approx. 3,500 sf)
52.40x3.5 =183
Specialty Retail (approx. 3,500 sf)
5.02 x 3.5 =18
Total Vehicle Trips
1,393
- Notes: Italicized uses and trip values are not part of this proposed INPUD amendment, but are
provided for consideration of potential traffic volume for the INPUD district as a whole.
ITE Codes used — Supermarket (850), Clinic (630), Specialty Retail Center (826), Genera l Office
Building (710), Quality Restaurant (931), Fast Food Restaurant without Drive- through Window
(933)
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NEAR ELEVATION
HARBOUR R D L
0.f TAI. IM kI'N FItS
IVY MARKET GROCERY STORE ROANOKE, VIRGINIA CONCEPT ELEVATION ARCHITECTS
The applicant and owner, Ivy View, LLC, hereby requests that all of the conditions enacted by
Ordinance No. 40062 - 091514 (the "Ordinance's be repealed as they pertain to the 3.4295 acre
parcel which is the subject of this application (being Official Tax Nos. 1150102, 1150104,
1150106, 1150108, 1150112, and 1150113). Those conditions are as follows:
Conditions set forth on the INPUD Development Plan dated August 6, 2014
VEHICULAR ENTRANCES
TWO ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY
ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING
CROSS - ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE
TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTTNG
ENTRANCE ALONG WONJU STREET, S.W. WHICH ALIGNS WITH BROADWAY
AVE., S.W. AND HAS A DIVIDER MEDIAN THAT PERMITS "RIGHT TURN IN
AND LEFT TURN IN" OFF OF WONJU STREET, S.W. AND "RIGHT TURN OUT'
ONLY MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE
CROSS - ACCESS EASEMENT.
BUILDING DESIGN:
THE DESIGN OF ANY BUILDING ON THE PROPERTY SHALL BE
ARCHITECTURALLY COMPATIBLE THROUGH THE USE OF COMMON
MATERIALS AND /OR STYLES WITH THE BUILDINGS ON TAX MAP PARCEL
1272505 AND 1272504. BUILDING HEIGHT SHALL NOT EXCEED FIFTY (50)
FEET. BUILDING WALLS FACING FRANKLIN ROAD SHALL HAVE A
MINIMUM TRANSPARENCY OR GLAZING OF 40% FOR THE GROUND FLOOR
AND 25% FOR UPPER FLOORS. BUILDINGS LOCATED WITHIN 100 FEET OF
FRANKLIN ROAD SHALL HAVE A PRIMARY ENTRANCE VISIBLE FROM AND
ORIENTED TOWARDS FRANKLIN ROAD AND SHALL PROVIDE PEDESTRIAN
LINKAGE TO FRANKLIN ROAD. FOR ANY BUILDING WALL LONGER THAN
50 FEET, ARTICULATION SHALL BE PROVIDED TO AVOID THE APPEARANCE
OF A BLANK WALL. SUCH ARTICULATION MAY INCLUDE CHANGES IN
COLOR, MATERIALS, OR OFFSET TO BUILDING LINES. DUMPSTER
ENCLOSURES SHALL BE CONSTRUCTED WITH BUILDING MATERIALS
SIMILAR TO THOSE USED IN THE PRIMARY STRUCTURE IN TYPE AND
COLOR.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE
REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE,
TABLE 668 -1, FOR THE "CG" ZONING DISTRICT. GROUND SIGNS
SHALL NOT BE DEEMED TO INCLUDE DIRECTIONAL SIGNAGE.
GROUND SIGNS SHALL BE LIMITED TO A TOTAL OF ONE
HUNDRED FIFTY (150) SQUARE FEET OF SIGN SURFACE AREA
ON EACH SIDE AND SHALL NOT EXCEED TWENTY (20) FEET IN
HEIGHT.
(2) NO MORE THAN FOUR (4) GROUND SIGNS SHALL BE LOCATED
ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR
ENTRANCES MAY SERVE AS IDENTIFICATION SIGNS FOR THE
CENTER DEVELOPMENT.
B. BUILDING SIGNS
(1) BUILDING MOUNTED SIGNS SHALL BE LIMITED TO ONE (1)
SQUARE FOOT OF SIGNAGE AREA FOR EACH LINEAR FOOT OF
THE BUILDING FACADE OR STOREFRONT TO WHICH IT IS
ATTACHED, EXCEPT THAT EACH STOREFRONT SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET.
(2) BUILDING MOUNTED SIGNS SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT IN B(I) ABOVE.
PARKING LOT LIGHTING DESIGN:
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINAIRES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD CUTOFF TYPE
LUMINAIRES. IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMINAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR. ILLUMINATION LEVELS
AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3
FOOT- CANDLES.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
USES:
THE PROPERTY SHALL BE USED ONLY FOR THE FOLLOWING LAND USES:
FINANCIAL INSTITUTION
OFFICE, GENERAL OR PROFESSIONAL
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
MEDICAL CLINIC
MIXED USE BUILDING
BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL
GENERAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PET GROOMING
RETAIL SALES ESTABLISHMENT, NOT OTHERWISE LISTED
EATING ESTABLISHMENT
EATING AND DRINKING ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL
DISTRICT
ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT
ENTERTAINMENT ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
HEALTH AND FITNESS CENTER
MEETING HALL
PARKING, OFF -SITE
DWELLING, MULTIFAMILY
SUBDIVISION:
SHOULD THE PARCELS, WHICH COMPRISE THE PROPERTY, BE COMBINED
OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR
RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR
COMBINED LOTS SHALL HAVE A LOT FRONTAGE ON FRANKLIN ROAD OF
AT LEAST TEN (10) FEET. NO MORE THAN ONE (1) GROUND SIGN SHALL BE
LOCATED ON EACH SUCH SUBDIVIDED OR COMBINED PARCEL.
INPUD DEVELOPMENT PLAN STANDARDS
The applicant and owner, Ivy View, LLC, hereby requests that the development standards set
forth on the INPUD Development Plan dated September 23, 2016 and amended October 19,
2016 be imposed on the 3.4295 acre parcel:
VEHICULAR ENTRANCES
THREE ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY
ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING
CROSS - ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE
TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTING
ENTRANCE ALONG WONJU STREET, S.W. WHICH ALIGNS WITH BROADWAY
AVE., S.W. AND HAS A DIVIDER MEDIAN THAT PERMITS "RIGHT TURN IN
AND LEFT TURN IN" OFF OF WONJU STREET, S.W. AND "RIGHT TURN OUT"
ONLY MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE
CROSS - ACCESS EASEMENT.
BUILDING DESIGN:
THE DESIGN OF ALL BUILDINGS SHALL BE ARCHITECTURALLY
COMPATIBLE THROUGH THE USE OF COMMON MATERIALS, STYLES OR
FORMS WITH THE BUILDINGS ON TAX MAP PARCELS 1272504, 1272505 AND
1150109. THE EXTERIOR FINISH MATERIALS FOR ANY BUILDING ON THE
PROPERTY SHALL BE LIMITED TO THE FOLLOWING: STUCCO OR EXTERIOR
INSULATED FINISH SYSTEM (EIFS), STONE OR CAST STONE, BRICK,
COMPOSITE, NICHIHA PANELS, GLASS, METAL, WOOD, STANDING METAL
SEAM, FAUX STONE, TRELLIS -LIKE STRUCTURE SUPPORTING VEGETATIVE
FACADES, OR OTHER FINISH MATERIALS USED ON THE BUILDINGS
LOCATED ON TAX MAP PARCEL 1272505 OR 1272504. BUILDING HEIGHT
SHALL NOT EXCEED FIFTY (50) FEET. THE TWO FACADES ON BUILDING `B"
AS SHOWN ON THE INPUD DEVELOPMENT PLAN WHICH FACE FRANKLIN
ROAD AND THE INTERIOR OF THE DEVELOPMENT FACING BUILDING A
SHALL HAVE A MINIMUM TRANSPARENCY OR GLAZING OF 30% FOR THE
GROUND FLOOR AND 20% FOR UPPER FLOORS, TO THE EXTENT THAT
UPPER FLOORS ARE CONSTRUCTED, BUILDINGS LOCATED WITHIN 100
FEET OF FRANKLIN ROAD SHALL HAVE A PRIMARY ENTRANCE VISIBLE
FROM FRANKLIN ROAD AND NO GREATER THAN 100 FEET FROM THE
FRANKLIN ROAD RIGHT -OF -WAY AND SHALL PROVIDE PEDESTRIAN
LINKAGE TO FRANKLIN ROAD. FOR ANY FAtrADE ON BUILDING "A" AS
SHOWN ON THE INPUD DEVELOPMENT PLAN LONGER THAN 30 FEET AND
FRONTING FRANKLIN ROAD, ARTICULATION ELEMENTS SHALL BE
PROVIDED TO AVOID THE APPEARANCE OF A BLANK WALL. THOSE
MINIMUM ARTICULATION ELEMENTS FOR BUILDING "A" SHALL INCLUDE
OFFSETS WITHIN EACH 30 FOOT SECTION. ADDITIONALLY, WITHIN EACH
50 FOOT SECTION OF SAID FAQADE THOSE MINIMUM ARTICULATION
ELEMENTS SHALL INCLUDE: (A) EITHER A MURAL, OR A GREEN (i.e.
VEGETATIVE) WALL AND (B) A COMBINATION OF TWO OR MORE OF THE
FOLLOWING ARTICULATION ELEMENTS: CHANGES IN COLOR, CHANGES IN
MATERIALS, OR CHANGES IN TEXTURE. THE GREEN WALL SHOULD HAVE
A MINIMUM HEIGHT EQUAL TO ONE -THIRD THE HEIGHT OF THE FAQADE
UPON WHICH IT IS LOCATED WITH A MINIMUM WIDTH OF TWO - THIRDS OF
THE GREEN WALL'S HEIGHT. BUILDING "A "'s EXTERIOR WALLWHICH
FACES FRANKLIN ROAD SHALL BE SET BACK AT LEAST 3 FEET FROM THE
PROPERTY LINE. ENCLOSURES FOR DUMPSTERS, IF REQUIRED, SHALL BE
CONSTRUCTED WITH BUILDING MATERIALS SIMILAR TO THOSE USED IN
THE PRIMARY STRUCTURE IN TYPE AND COLOR. FOUNDATION SHRUB
PLANTINGS SHALL BE PROVIDED ALONG THE FRANKLIN ROAD FAQADE OF
BUILDING "A ". SUCH FOUNDATION SHRUB PLANTINGS SHOULD INCLUDE
SOME VARIATION IN FORM, WHETHER IN HEIGHT, COLOR, OR TEXTURE OR
COMBINATION THEREOF, TO ACCENTUATE THE BUILDING AND PROVIDE
VISUAL INTEREST. AT LEAST TWO COLUMNAR SHRUBS WITH A MATURE
HEIGHT OF 10 FEET AND INDIVIDUAL (OR CUMULATIVE, IF GROUPED)
DIAMETER EXCEEDING 3 FEET SHALL BE PART OF THE FOUNDATION
SHRUB LANDSCAPE PLAN. FOUNDATION SHRUBS WILL BE PLANTED THE
EQUIVALENT OF EVERY 3 FOOT ON CENTER ALONG THE FRANKLIN ROAD
FAQADE OF BUILDING "A" EXCEPT WHERE VEGETATIVE WALLS EXIST.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE
REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE,
TABLE 668 -1, FOR THE "CG" ZONING DISTRICT. GROUND SIGNS
SHALL NOT BE DEEMED TO INCLUDE DIRECTIONAL SIGNAGE.
GROUND SIGNS SHALL BE LIMITED TO A TOTAL OF ONE
HUNDRED FIFTY (150) SQUARE FEET OF SIGN SURFACE AREA
ON EACH SIDE AND SHALL NOT EXCEED TWENTY (20) FEET IN
HEIGHT.
(2) NO MORE THAN TWO (2) GROUND SIGNS SHALL BE LOCATED
ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR
ENTRANCES MAY SERVE AS IDENTIFICATION SIGNS FOR THE
CENTER DEVELOPMENT.
B. BUILDING SIGNS
(1) FOR BUILDING "B ", BUILDING MOUNTED SIGNS SHALL BE
LIMITED TO I SQUARE FOOT OF SIGNAGE AREA FOR EACH
LINEAR FOOT OF A BUILDING FAQADE OR STOREFRONT TO
WHICH IT IS ATTACHED. NOTWITHSTANDING THE ABOVE
LIMITATION, EACH STOREFRONT ON BUILDING "B" SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET. FOR BUILDING "A ", BUILDING MOUNTED
SIGNAGE, WHICH MAY INCLUDE MURALS, SHALL NOT
COLLECTIVELY EXCEED 1,850 SQUARE FEET, WHICH SIGNAGE
CAN BE PLACED ON ANY ONE OF THE BUILDING FACADES
AND NEED NOT BE PROPORTIONATELY ALLOCATED.
(2) BUILDING MOUNTED SIGNS SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT IN B(7) ABOVE.
PARKING LOT LIGHTING DESIGN
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINAIRES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA QESNA) STANDARD CUTOFF TYPE
LUMINAIRES, IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMINAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR. ILLUMINATION LEVELS
AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3
FOOT - CANDLES.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
USES:
THE PROPERTY SHALL BE USED ONLY FOR THE FOLLOWING LAND USES
FINANCIAL INSTITUTION
OFFICE, GENERAL OR PROFESSIONAL
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
MEDICAL CLINIC
MIXED USE BUILDING
BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL
GENERAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PET GROOMING
RETAIL SALES ESTABLISHMENT, NOT OTHERWISE LISTED
EATING ESTABLISHMENT
EATING AND DRINKING ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL
DISTRICT
ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT
ENTERTAINMENT ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
HEALTH AND FITNESS CENTER
MEETING HALL
PARKING, OFF -SITE
DWELLING, MULTIFAMILY
SUBDIVISION:
SHOULD THE PARCELS, WHICH COMPRISE THE PROPERTY, BE COMBINED
OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR
RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR
COMBINED LOTS SHALL RAVE A LOT FRONTAGE ON FRANKLIN ROAD OF
AT LEAST TEN (10) FEET.
L 12
rlir�
ZONING DISTRICT MAP
2207, 2203, 0, 2219, 0, and • t t t ,
2211 Franklin Road SW
Official Tax Parcels: 1150102, a 000 eP
1150104,1150106,1150108 '
1150112, and 1150113, respectively
Area to be ftezonetl
Zoning
AD Airport Dc�
,•,�Y°"; CG. C mm rc nl Gen ral -
�""'•". CLS Commercial I L rge Site
CN Commer, al Neighborhood
_ D: Do t wn _
' -1: Light Industrial wW i8 �••rr'a .•
— I -2 Heavy IndusGal
IN: Instmanal
INPUD: Institutional Planned Unit Dev ?� -- ts
- IPUD: Industrial Planned Unit Dev !L �2G BOO ° -• • ,xOh
_ O G .... '.. . ".6010 • ...tt. t• ..x0
MX'. Mixed Use 2� �•r .. , _ _ r N, �, _
MXPUD" Mixed Use Planned Unit Dev E
o� u..r eN g
R -12'. Res Single-Family wN P xi2 na'�� sey ��i5
pV
R3: Res S'ngle Fa,n ly � -� '� Q•�� „�Q� � � �
w
R -5: Res Single Family B .. • n;.? ��.��� ',ti �h o o d
R -]'. Res Single Family �P i
RA: Res-Agricultural ""`•"_' • L• t - .•` 1FC1��
RM-1 Res Mixed Density
RM-2'. Res Mixed Density,
m
/vim ?� o
•s»x.a; RMF'. Rea Multifamily ✓ '� s -Ov
NOS'. Recreation and Open Space
OF Urban Flex -
,���
L _ � Conditional Zoning ,
�<
I
0 1��O Feet µi p Y pV
`N �
c^ BopoW
AFFIDAVIT
APPLICANT: Kermit Hale
City of Roanoke
LOCATION: 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W.
Tax Nos. 1150102, 1150104, 1150106, 1150108, 1150112, 1150113,
respectively
REQUEST: Rezoning
COMMONWEALTH OF VIRGINIA )
j 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 J9 day of 2016, notices of a
�� I l
public hearing to be held on this 1.! day of , v Q y � . 2016, an the
request captioned above to the owner or agent of the parcels as set out on the attached.
DARRYLW. CHILDRESS
NOTARY PUa1.IC
COMMONINEALTH OF VIRGINIA
5
MY COMM REGISTRATION i ISBDNfxPIREB
Tina M. Carr
y UBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
day of Qc�pin/ , 2016. ry
otary P lic
0wner2
List of Adjoining Property Owners for 2207 Franklin Road S. W Tax # 1150102
TA %ID
MailAddress
MailCity
MailState
MailZip
Ownerl
1050105
36 W CHURCH AVE
ROANOKE
VA
24011
VB LAND LLC
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150104
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150106
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150108
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150112
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150113
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150202
2240 FRANKLIN RD SW
ROANOKE
VA
24014
THOMAS RHONDA
0wner2
List of Adjoining Property Owners for 2207 Franklin Road, SW Tax p 1150104
TAKID
MailAddress
MailCity
MailState
MailZip
Ownerl Owner2
1050105
36 W CHURCH AVE
ROANOKE
VA
24011
VR LAND LLC
1150101
1927 FRANKLIN RD
ROANOKE
VA
24014
HEMRAI TRADING COMPANY
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150104
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150112
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150113
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
List of Adjoining Property Owners for 2207 Franklin Road, S.W Tax k 1150106
TAXID
MailAddress
MailCity
MailState
MailZip
Ownerl Owner2
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150106
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150108
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150109
3270 ELECTRIC RD
ROANOKE
VA
24018
JMH REAL ESTATE LLC
115011336
CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1272105
PO BOX 16428
COLUMBUS
OH
43216 -0428
APPALACHIAN POWER COMPANY
1272105
PO BOX 16428
COLUMBUS
OH
43216 -0428
APPALACHIAN POWER COMPANY
1272504
PO BOX 12385
ROANOKE
VA
24025
CARILION CLINIC PROPERTIES LLC
1272504
PO BOX 12385
ROANOKE
VA
24025
CARILION CLINIC PROPERTIES LLC
9999999
THREE COMMERCIAL PL BOX 209
NORFOLK
VA
23510
NORFOLK SOUTHERN RAILROAD
9999999
THREE COMMERCIAL PL BOX 209
NORFOLK
VA
23510
NORFOLK SOUTHERN RAILROAD
List of Adjoining property Owners for 2207 Franklin Road, SW Tax $11150108
TAXID
MailAddress
MailCity
MailState
MailZip
Ownerl Owner2
1050105
36 W CHURCH AVE
ROANOKE
VA
24011
VB LAND LLC
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150106
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150108
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150109
3270 ELECTRIC RD
ROANOKE
VA
24018
JMH REAL ESTATE LLC
1150202
2240 FRANKLIN RD SW
ROANOKE
VA
24014
THOMAS RHONDA
List of Adjoining Property Owners for 2207 Franklin Road, S.W. Tax # 1150112
TAKID
MailAddress
MailCity
MailState
MailZip
Ownerl Owner2
1150101
1927 FRANKLIN RD
ROANOKE
VA
24014
HEMRAI TRADING COMPANY
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150104
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150112
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150113
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
Owner2
Llst of Adjoining Properties for 2207 Franklin Road, SW Tax M 1150113
TAXID
MailAddress
MailCity
MailState
MailZip
Ownerl
1150101
1927 FRANKLIN RD
ROANOKE
VA
24014
HEMRAI TRADING COMPANY
1150102
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150104
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150106
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150112
36 CHURCH AVE SW
ROANOKE
VA
24011
IVY VIEW LLC
1150113
36CHURCHAVESW
ROANOKE
VA
24011
IVY VIEW LLC
1272105
PO BOX 16428
COLUMBUS
OH
43216-0428
APPALACHIAN POWER COMPANY
1272105
PO BOX 16428
COLUMBUS
OH
43216-0428
APPALACHIAN POWER COMPANY
1272409
PO BOX 8224
ROANOKE
VA
24014
N/A
1272409
PO BOX 8224
ROANOKE
VA
24014
N/A
1272409
PO BOX 8224
ROANOKE
VA
24014
N/A
1272409
PO BOX 8224
ROANOKE
VA
24014
N/A
1272410
2024 W INSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
1272410
2024 WINSTON AVE SW
ROANOKE
VA
24014
HODGES CECIL E JR &
AUDREY R
9999999
THREE COMMERCIAL PL BOX 209
NORFOLK
VA
23510
NORFOLK SOUTHERN
RAILROAD
9999999
THREE COMMERCIAL PL BOX 209
NORFOLK
VA
23510
NORFOLK SOUTHERN
RAILROAD
Owner2
The Roanoke Times Account Number
Roanoke, Virginia 6011439
Affidavit of Publication
Date
November 08, 2016
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
Date Category Description Ad Size Total Cast
1 111 412 01 6 Legal Display Ads PUBLIC HEARING NOTICE All public hearings advertised hei 1 x629 5806.48
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:
11101 11,0812016
The First insertion being given... 11 m 12016
-Newspaper reference: 0000421308
v \
Bi ing Repress t five
Sworn to and subscribed before me this Tuesday, November 8, 2016
Notary Pul o °�BPT''
State of Virginia heI urA10, yC _ -
City /County of Roanoke 7049823
My Commission expires KIM 3 r lnee.'
a
I N�
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC NEARING NOTICE
All public bearings advert,,,d her...
will be held in the City Council
Chamber, fourth floor, ROOM 450, Noel
C. Taylor Municipal Builtling, 215
Church Avenue S.W., Roanoke,
Virginia. All applications and proposed
amendments are available for review In
the Planning, Building ,& Development
office, Room 166, 215 Church Avenue,
5W_ Roanoke, the iaie.
The City of Roanoke Planning
Commission will bold a public nearing
on November 14, 2016 at 1:30 orm, or
as soon as the matters may be heard,
to common these gainh ffims and
pmpro,d amendments to Chapter 36.2,
Zoning, Chapter 311, subdivisions. and
the Fee Compendium of the City :
I. Applications
A. Application by Ivy View, Ll to
repeal all conditions proffered a5 earl
of previous rezoning and amend the
Planned unit Development Plan as it
pertains to the properties located at
2207, 2203, 0, 2219, 0, and III) Franklin
Road, S.W., bearing oPotlal Tin Nos.
11501D2 1150104, 1150106 1150108,
1150112, antl n501t3, rezpealively.
The conditions proposed for repeal
adopted through enactment of
Drdmaoce No 40062111614 r,core
three 01 new entrances with a divider
Omaha, and ...bedctl traffic flows
require architectural mmpatudity of
all buildings on the site through
materials and style: restrict the height
Franklin Road restrict
, mratim
AI. :'gas, g and round sire'
signs: require ilumir
r parking and drives to be
heramman, [a Dino any
parent, s,bemmed or to
and limiting the use of the
use of the.m.erties for a
bakery, confectionary or similar load
production mail general s .....
establishment, not otherwise lirted: net
personal service ,the -,,I listed pet grooming retail
,ales establishment, net otherwise
listed, eating establishment eating and
drinking establishment, not abutting a
residential district: eating and drinking
establishment, abunng a residential
district; entertainment establishment,
abuding a acketal distant;
entertainment establishment. not
abutting a residential district ; health
and fitness renter; meeting ball;
parking, off site and dwNling,
multifamily. The hingeafien Is to
permit use of the property, simE,t to
the sppncellon to these u s es
Previously pmHered and accepted by
the adoption of odinane, No. 40062 -
091514. oo September 15. 2014- The
land us e categories permitted In the
INPUD District Include resltlentidl;
accommodations antl group living'
commercial assembly and
entertainment. a blil, mobuturial age
unimunity facilities transportation;
ty: agricultural; And accessory
with a m density of own
raveling Dart per Carl square feet of
lot area The comprehensive plan
designates the property ter Imll
industrial and general commercial me,
but apes not specify density- The
proposetl use Of the properly Is real
sales establishment.
S. Application by the City of Roanoke
to r .... I antl c ... I all condition,
pmffeme as part of a previous
rezoning an pmparty located at 2002
Blue Hills Dave N.C. bearing Dmual
Tax Map No 7230101, M1om 11, Light
maustral District , with conditions, and
ROS, Recreation and open Space
District, to hl, L9ht Industrial model.
The conditions to be repealer) include
related to the sale of the property,
o
which no longer needed aedre the
City of Roanoke purchased the
property. and one ix, S .. the
which is n of longer needed c mats,
which i' no mega, is were imposed me
the roco a covenants a d were imposetl d by
Derecommit aril document annum,
N anokef Restriction t orAdIndortry rid
Technology)' dated Aprl 2, 1992. ice
land u SC ualegodes permitted In I -1
include Emanimi,roal ; industrial:
warehousing and distribution
insliluttmeal .And dammunlly fbd,t sc;
transportation utility; agricultural: and
rataccessory with a maximum fiber area
io of am The comprehensive plan
designates the property tar light
mdeslnal and recreation/open space,
but dens not 'peaty dmsdy. The ... d all Of the property is
beverage maintenance and ancillary
IL Proposal Amendment
A. Proposed amendments to Chapter
362. Zoning, of the Code If Clay of
Roanoke 04I9), as am, card. by
mending and Pertaining. adding or
reform, the follow rig code sections to
update cford, one make the Cit,,
Zoning ordiumande Cie m m I,, for Its
dliuns. old IS make the Cry s com,
ordinance Inalstem with slam rmn
such amendments not cyeahNtug a
comprehensive rezoning or change of
any densities that would tleomase
permntee density in airy msfdd
unless on...... he pro
1. 5ee 36 .2205, Dlmensional
regulatio, and Tale Yard Encmachroan s.. toOC ad(ythatlthe
depth of a front yam is to be Treatment
from the front of the building or the
front line of an existing parch, and that
whenever a handicap ramp or other
encroachment exists with a residential
se, the depth shall be measured from
the street to the front building line
2. Sec 362331, Use table for
residential districts to add "Day care
name, adult as a special exception use
in all residential districts:
3Sec 36.2 -312 Dimensional
regulations for residential districts, to
eliminate Section 36.2313 front yard
equirements for lend development in
the ONE district:
4. Sec. 362313, Front yard dimensions
for and development, to provide that
for Will development, the minimum
front bi
yam man front me depth of the
maxi shallow furor ysh and the
maximum hove[ the shall be the yard
averag betweenthd most shallow and
deepest estr, the front rams 'w
Soll, where the most shallow
diic's established front urnfro is yard.
deeper than a
district's maximum front yar�
5. Sol, 362316 Use table for multiple
purpose districts, to ado Short term
rental as a permitted use In the CN, CG,
CIS. D. and OF districts; to add Animal
hospital or veterinary clinic outdoor
pens or tuns, as a 'penal exception use
In the CN. Cfl CIS. D and OF districts'.
omit as a 'penal exception use In
the Cc, CLS, D districts and as a
permitted so in the OF district to alto
Eating establishment. Eating and
drink,,, establishment, not abutting a
residential district and Eating and
drinking establishment, aborting a
residential district. a spromi
exception uses In the SIX district) to
atltl Meeting hall, abuting a residential
If,trlq as a special except,.. use in
the CN, CG, COS. D, and OF districts,
and as a permitted use in the IN and
FOBS districts; m add Martin hall, act
abutting a ro,dome.1 district a
permitted use In the CN, C4 CIS DSIN,
ROBS. and OF districts) to add Day care
home, adult, as a special exception use
In the Mx, CA. D and OF districts, and to
add supply Dart, az a permitted use
6 Sec'- 36 2316 Di m e n si. n al
continues for multiple purpose
distri It,, to apply Section 362316
pedestrian access requirements to the
or ana D defeat,
L Sec 362 -318, Pedestrian a zs, to
clarity a reference to a permeable
pavement system;
8. See 361319, Building placement
and facade transparency standards for
Teltple purpose distinct,, to pared,
that the required location of primary
entrance in multiple purpose districts
be between the minimum um and
mu
maxim feel, yarcard 11.151,
9.Sec, 31322, OSE table for Industrial
oistrids, to atltl Rennek outdoor pans
run, as a special exception use In
m
e I district, to delete the Mini
aolouse use e: to add Self stamps
building and Self storage facility as
permitted uses in Ill Industcal
district,, and to make outdoor
recreation facility lighting or sports
stadium lighting a special exception
use in all industrial districtsl
10. See 362327, Use table tar planned
unit development districts, to add
Animal hospital or veterinary clinic,
oumoor pens or runs, as a permitted
use in the IPUD District and to add Self -
storage building as a permitted use In
the M%PUD district,
and to adopt new regulations required
0)r local compliance with the Code of
Virginia, (1950), a mended, and
regulations of the Virginia Department
of Conservation and Recreation, to set
forth and provide for the purpose and
applicability of the nooapiain
regulations, to establish penalties for
violations of s,In regularons', to define
terms used In the section to designate
conrdeion with adminrsterinp the
de section: to provide for the
Interpretation of. and changes lo, flood
surance rate maps and
administration of amendments thereto:
to establish a floodplain overlay
district and flood zones antl special
rood hazard areas within the overlay
district, to mature flondi A words
AO zones, AT 30 One,. At zones, and
An zones, such zones defining (Iona
eeatons based On I certain
Percentage annual chance of flooding,
of have been approximated or
identified as areas of shallow governor.
Improvements, o
Leveibpmenr unless ll is demonstrated
that the proposed encroachment wi0
not flood cllevels the
unify: eto Identify agn in
Opeatlons, pubic and private
recreational uses, botanical gardens,
antl a spry r,,.direct u
permitted uses a floodway to
identify certain accessory structures
Cal[, tldnbutmn,ew..I ,
or water
treatment facilities quarry and mining
operations, ,trom, 0f certain
materials and placement or storage of
crecreational vehicle under certain
otions and time limitations as uses
permitted by spo l he ... tmn m a
Doorway, to establish requirements for
ovation of new construction of. or
subsTafial Improvements Of
residential structures In special flood
hazard t0 establish
momentum, trm elevation or flood
proofing for new construction of, or
substantial Improvements to. n
residential structures In special flood
hazard a a as to establish
require Proud, for permits, and to
permit applications for destruction: to
establish general standards for new
oretrucllon and substantial
improvements such as compliance
with the Virginia Uniform Statewide
midir, Code ancM1ming of shui
maOf flood tlamage resistant
terials and utility equipment, use of
methods and practices to minimize
flood tlamage, location of electrical,
beating, ventilation, plumbing, air
candlti a equipment present ment
w
flood waters from entering
accumulating such equipment
design of water supply, sanitary
rywage, and on -site waste disposal
ztems to mini r ,t eliminate
permit aor flood arms, m require
o
permit and provide for when In
watered Jurisdictions when
watercourse or channel Is t Iemd m
larym, rant d require thin me flood
anving capadfy within an Pit erea rr
for elevation or flood person, of new
onsl N sl
Clion, or box,fid
improvements to. two m feet above
base fired elevation l to establish
standards for us e and design for
spaces below the lowest floor of a
slmcture', to establish Standards for
manufactured homes and recreational
vehicles to establish regulallore far
existing structures and historic
,bus.... and ...epb0ps to s,In
regulations; standards folr variancesh ss ea ell
the Roanoke City Board of Zoning
Appeals from the regulations.
12. Sec 362 -336 River and cook
Corridors Overlay District to add
privato . sheets as permitted buffer
impacts
13 Set 362 336. Comrrchensive Sign
Glen, Cancer, to allow Me district to
be mapped over a residential
multuamlry 'district antl to make
uppncane or in me
Comorchensive Sign Overlay ,District
related to m sign ar sign
height, sign xi m types, and sign
cho...mesac, to be determined by the
adupdnn of s,,on overlay retort'.
14. Sec 365406 Car wash, to add
landscaping merge emmts for the
streetwgrom of a car wash
15. Sec. 362406, Day care centers.
earth to delete the remuiremenurvat an
outdoor play arcs be located on the
stmt
lot as the Ilay care center to
delete the requirement 11cmenl that s play area
be located it ingoccu fed steel than
the male building occupied el the day
erneIf and to delete the
M1 of pedestrian entry, that
ounces the crossing Of avM1whr
right -of - way
:
16. She 36.2411. Gasoline stations, t0
add landscaping requirements for th0
Street tronthge oft gas0line station In
the Co. Ca, I -1, IN aria D Districts
17 . you 361415, Mini- warcn0usrs m
delete screening. landscaping, layout,
height, bulk standartls and other
standard, as they apply to mini
warehouses
19. Sec, 362429, Temporary 1111, and
Table 4291, Trumpeter uses. to restrict
in any district the maximum duration
Of public events exempt ham zoning
permit requirement, to two calendar
days and to limit such uses to two, with
between events least lublena
year
19. 36.2540, Zoning amendment,, to
clarify that an application for a zoning
amendment s hy ty c ou fn bl ed b require n in
City's fee campen6um:
20. Sec. 362 - 622(1)1 Exempt condone
lighting, to correct retem stadium
nces to Other
sections of the zoning numme, that
regulate such exempt llgbd rig:
21. Sec. 36.2647, DuNering and
screening , to require that buffering and
screening materials be Coupled in such
away as Or reduce the from Impact of
pmpetr activity from adacenl
lie�ana streets,
II. cable 44F 1, BuNering antl
S tree ning of Certain Uses and
Activities, to requbC buffering far a
wall an in less than Bra transparency
between the wall and any Mxpub
district antl to tleleto such
requiremes from Purpose districts and thee lNP Otaod
IPUD districts , to require the lofallon of
a screen for coupon, cc vial o
Industrial miner r
enclosed building to be located within
15 feet of a property line) to reflum
than 36" in height, to
to
Outdoor sports facility: and to require
screening of a 5elbstoage facility,
23. Soo 36.2 do Parking
land........ to allow river rock as ea
Sound Cover for Interim planting
aad to spends lacalmns far
Merl., planting m relaron to
rows If parking spOCC,, n
24. Table 649 -1, Buffering, 5... ound,
and Landscaping Materials, to add an B:
toot maximum spacing solmomenr for
evergreen Copy,
Is Sec 362651, Applicability, to
early that repetitive Parking In a tuO
grass area or landscaped area resulting
it denuded Sall shall ccm,tri a
parking area that do,, not meet
curtain construction standard,
Spaces, l06establBRedmond l space port s
selfservlce bay and a 1 space per 025
a0tpma1G1 service bay as pmts for
calculating the Parking 'represents for
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 and proposed amendments are available for review in the Planning, Building, &
Development office, Room 166,215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on November 14, 2016,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and proposed
amendments to Chapter 36.2, Zonin¢, Chapter 31.1, Subdivisions, and the Fee Compendium of
the City:
I. Applications
A. Application by Ivy View, LLC, to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as it pertains to the properties
located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. The conditions
proposed for repeal, adopted through enactment of Ordinance No. 40062 - 091514, require
three (3) new entrances with a divider median and restricted traffic flows; require
architectural compatibility of all buildings on the site through materials and style; restrict the
height of buildings; require transparency, primary entrances, and articulation to prevent blank
walls on building fapades facing Franklin Road; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels for parking
and drives to be eight foot candles or less; require certain parking lot lighting design; require
proffered conditions to bind any portion of parcels subdivided or re- combined; and limiting
the use of the property to use of the properties for a financial institution; office, general or
professional; business service establishment, not otherwise listed; medical clinic, mixed use
building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
entertainment establishment, not abutting a residential district; health and fitness center;
meeting hall; parking, off -site; and dwelling, multifamily. The application is to permit use of
the properties subject to the application to those uses previously proffered and accepted by
the adoption of Ordinance No. 40062 - 091514, on September 15, 2014. The land use
categories permitted in the INPUD District include residential; accommodations and group
living; commercial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with a maximum density of own
dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the
property for light industrial and general commercial use, but does not specify density. The
proposed use of the property is retail sales establishment.
B. Application by the City of Roanoke to rezone and repeal all conditions proffered as part of a
previous rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax
Map No. 7230101, from I -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to 1 -1, Light Industrial District. The conditions to be repealed
include one related to the sale of the property, which is no longer needed because the City of
Roanoke purchased the property, and one related to the imposition of restrictive covenants,
which is no longer needed because the restrictive covenants were imposed by the recording
of a document entitled, "Deed of Restriction Addition to the Roanoke Center for Industry and
Technology," dated April 2, 1992. The land use categories permitted in 1 -1 include
commercial; industrial; warehousing and distribution; assembly and entertainment; public,
institutional and community facilities; transportation; utility; agricultural; and accessory, with
a maximum floor area ratio of 2.0. The comprehensive plan designates the property for light
industrial and recreation/open space, but does not specify density. The proposed use of the
property is beverage manufacturing and ancillary uses.
IL Proposed Amendments
A. Proposed amendments to Chapter 36.2, Zoning of the Code of the City of Roanoke, (1979),
as amended, by amending and reordaining, adding or deleting the following code sections to
update, clarify and make the City's zoning ordinance easier to use for its citizens, and to
make the City's zoning ordinance consistent with state code, such amendments not
constituting a comprehensive rezoning or change of any densities that would decrease
permitted density in any district, unless otherwise noted:
1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -1, Permitted Yard
Encroachments, to clarify that the depth of a front yard is to be measured from the front
of the building or the front line of an existing porch, and that whenever a handicap ramp
or other encroachment exists with a residential use, the depth shall be measured from the
street to the front building line;
2. Sec. 36.2 -311, Use table for residential districts, to add "Day care home, adult" as a
special exception use in all residential districts;
3. Sec. 36.2 -312, Dimensional regulations for residential districts, to eliminate Section 36.2-
313 front yard requirements for infill development in the RMF district;
4. Sec. 36.2 -313, Front yard dimensions for infill development, to provide that for infill
development, the minimum front yard shall be the depth of the most shallow front yard
and the maximum front yard shall be the average between the most shallow and deepest
established front yards, in cases where the most shallow established front yard is deeper
than a district's maximum front yard;
5. Sec. 36.2 -315, Use table for multiple purpose districts, to add Short-term rental as a
permitted use in the CN, CG, CLS, D, and OF districts; to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a special exception use in the CN, CG, CLS, D
and OF districts; to add Kennel, outdoor pens or runs, as a special exception use in the
CG, CLS and OF districts; to add Self - storage building as a special exception use in the
CG, CLS, D districts and as a permitted use in the OF district; to add Eating
establishment, Eating and drinking establishment, not abutting a residential district, and
Eating and drinking establishment, abutting a residential district, as special exception
uses in the MX district; to add Meeting hall, abutting a residential district, as a special
exception use in the CN, CG, CLS, D, and OF districts, and as a permitted use in the IN
and ROS districts; to add Meeting hall, not abutting a residential district, as a permitted
use in the CN, CG, CLS, D, IN, ROS, and OF districts; to add Day care home, adult, as a
special exception use in the MX, CN, D and OF districts, and to add Supply pantry as a
permitted use in the CN, CLS, D, and OF districts;
6. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to apply Section
36.2 -318 pedestrian access requirements to the MX and D districts;
7. Sec. 36.2 -318, Pedestrian access, to clarify a reference to a permeable pavement system;
8. Sec. 36.2 -319, Building placement and facade transparency standards for multiple
Purpose districts, to provide that the required location of a primary entrance in multiple
purpose districts be between the minimum and maximum front yard lines;
9. Sec. 36.2 -322, Use table for industrial districts, to add Kennel, outdoor pens or runs, as a
special exception use in the 1 -1 district, to delete the Mini- warehouse use; to add Self -
storage building and Self - storage facility as permitted uses in all industrial districts; and
to make Outdoor recreation facility lighting or sports stadium lighting a special exception
use in all industrial districts;
10. Sec. 36.2 -327, Use table for planned unit development districts, to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a permitted use in the IPUD District, and to add
Self- storage building as a permitted use in the MXPUD district;
11. Section 36.2 -333, Floodplain Overlay District, to repeal the existing section and to adopt
new regulations required for local compliance with the Code of Virginia, (1950), as
amended, and regulations of the Virginia Department of Conservation and Recreation, to
set forth and provide for the purpose and applicability of the floodplain regulations; to
establish penalties for violations of such regulations; to define terms used in the section;
to designate the Zoning Administrator as the administrator of the floodplain overlay
district regulations and to enumerate the duties of the Zoning Administrator in connection
with administering the code section; to provide for the interpretation of, and changes to,
flood insurance rate maps and administration of amendments thereto; to establish a
floodplain overlay district and flood zones and special flood hazard areas within the
overlay district, to include floodways, A zones, AO zones, Al -30 zones, AE zones, and
AH zones, such zones defining flood elevations based on a certain percentage annual
chance of flooding, or have been approximated or identified as areas of shallow flooding;
to prohibit encroachments in the floodway such as fill, new construction, substantial
improvements, or other development unless it is demonstrated that the proposed
encroachment will not increase flood levels in the community; to identify agricultural
operations, public and private recreational uses, botanical gardens, and accessory
residential uses as permitted uses in a floodway; to identify certain accessory structures,
utility distribution, sewage or water treatment facilities, quarry and mining operations,
storage of certain materials, and placement or storage of a recreational vehicle under
certain conditions and time limitations as uses permitted by special exception in a
floodway; to establish requirements for elevation of new construction of, or substantial
improvements of, residential structures in special flood hazard areas; to establish
requirements for elevation or flood - proofing for new construction of, or substantial
improvements to, non - residential structures in special flood hazard areas; to establish
requirements for permits, and to permit applications for construction; to establish general
standards for new construction and substantial improvements, such as compliance with
the Virginia Uniform Statewide Building Code, anchoring of structures, use of flood
damage resistant materials and utility equipment, use of methods and practices to
minimize flood damage, location of electrical, heating, ventilation, plumbing, air
conditioning equipment to prevent flood waters from entering or accumulating in such
equipment, design of water supply, sanitary sewage, and on -site waste disposal systems
to minimize or eliminate infiltration of flood waters, to require a permit and provide for
notice to affected jurisdictions when a watercourse or channel is altered or relocated, and
to require that the flood carrying capacity within an altered or relocated portion of a
watercourse be maintained; to establish requirements for elevation or flood - proofing of
new construction, or substantial improvements to, two (2) feet above base flood
elevation; to establish standards for use and design for spaces below the lowest floor of a
structure; to establish standards for manufactured homes and recreational vehicles; to
establish regulations for existing structures and historic structures and exceptions to such
regulations; and to establish a process and standards for variances issued by the Roanoke
City Board of Zoning Appeals from the regulations;
12. Sec. 36.2 -335, River and Creek Corridors Overlay District, to add private streets as
permitted buffer impacts;
13. Sec. 36.2 -336, Comprehensive Sian Overlay District, to allow the district to be mapped
over a residential multifamily district and to make applicable requirements in the
Comprehensive Sign Overlay District related to maximum sign area, sign height, sign
types, and sign characteristics to be determined by the adoption of such overlay district;
14. Sec. 36.2 -406, Car wash, to add landscaping requirements for the street frontage of a car
wash;
15. Sec. 36.2 -408, Day care centers, child, to delete the requirement that an outdoor play area
be located on the same lot as the day care center; to delete the requirement that a play
area be located no closer to the street than the main building occupied by the day care
center; and to delete the prohibition of pedestrian access that requires the crossing of a
vehicular right -of -way;
16. Sec. 36.2 -411, Gasoline stations, to add landscaping requirements for the street frontage
of a gasoline station in the CG, CLS, Gl, CN and D Districts;
17. Sec. 36.2 -415, Mini - warehouses, to delete screening, landscaping, layout, height, bulk
standards and other standards as they apply to mini - warehouses;
18. Sec. 36.2 -429, Temporary uses, and Table 429 -I, Temporary uses, to restrict in any
district the maximum duration of public events exempt from zoning permit requirements
to two calendar days and to limit such uses to two, with an interval of at least three
months between events, within a calendar year;
19. 36.2 -540, Zoning amendments, to clarify that an application for a zoning amendment
shall require payment of a fee as established by City Council in the City's fee
compendium;
20. Sec. 36.2- 622(e), Exempt outdoor recreation facility or Sports stadium lighting, to correct
references to other sections of the zoning ordinance that regulate such exempt lighting;
21. Sec. 36.2 -647, Buffering and screening, to require that buffering and screening materials
be located in such a way as to reduce the visual impact of a use or activity from adjacent
properties and streets;
22. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to require buffering
for a wall with less than 15% transparency between the wall and any MXPUD district
and to delete such requirements from the Multiple Purpose districts and the INPUD and
IPUD districts; to require the location of a screen for outdoor commercial or industrial
processes outside a wholly enclosed building to be located within 15 feet of a property
line; to require perimeter screening for ground- mounted mechanical equipment more than
36" in height; to require certain perimeter screening or plantings around ground - mounted
mechanical equipment up to 36" in height; to delete screening requirements for Mini -
warehouse; to require buffering for an Outdoor sports facility; and to require screening of
a Self- storage facility;
23. Sec. 36.2 -648, Parking area landscaping, to allow river rock as a ground cover for interior
planting areas; and to specify locations for interior planting areas in relation to rows of
parking spaces;
24. Table 649 -1, Buffering Screening, and Landscaping Materials, to add an 8 -foot
maximum spacing requirement for evergreen trees;
25. Sec. 36.2 -651, Aoolicability, to clarify that repetitive parking in a turf grass area or
landscaped area resulting in denuded soil shall constitute a parking area that does not
meet certain construction standards;
26. Table 652 -2, Required Parking Spaces, to establish a 1 space per 1.5 self -service bay and
a 1 space per 0.25 automated service bay as units for calculating the parking requirement
for a car wash;
27. Sec. 36.2 -653, Maximum parking, and Sec. 36.2 -654, Parking and loading area standards,
to clarify a reference to a permeable pavement system.
28. Sec. 36.2 -705, Nonconforming uses, to allow the expansion of unoccupied spaces of a
structure containing a nonconforming use, where such nonconformity is due to the
number of dwelling units or residential use designation;
29. Sec. 36.2 -709, Certain uses deemed not nonconforming, to allow uses in existence at the
time of amendment of the zoning ordinance to be considered not nonconforming uses, if
such uses would require a special exception permit if they were new uses;
30. Sec. 36.2 -841, Powers and duties, to provide for a reference to the fee compendium for
an application for a modification by the zoning administrator ($250);
31. Appendix A, Definitions, to provide for new definitions of Day care home, adult; mobile
food vending; Permeable pavement system; River rock; Self - storage building; Self -
storage facility; Short-term rental; and transient guest; to amend the definitions of Day
care home, child, and family day home; and to delete the definition of Mini - warehouse;
and
32. Appendix B, Submittal requirements, to amend the form and number of copies of a basic
development plan or comprehensive development plan required to be submitted for
review, to provide for delineation of the shallowest established front yard as determined
by Sec. 36.2 -313, if a development is subject to such section, on a basic development
plan, and to clarify a reference to a permeable pavement system.
B. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke,
(1979), as amended:
33. Add Sec. 31.1 -303, Additional requirements for subdivisions in the floodplain or riparian
buffer areas, to provide regulations pertaining to establishment of subdivisions in
floodplain or riparian buffer areas to minimize flood damage and exposure to flood
hazards;
34. Sec. 31.1 -604, Review fees, to create a reference to the Fee Compendium of the City of
Roanoke for fees in connection with plat and plan review;
35. Appendix B, B -2, Requirements for preliminary subdivision site plans, to require
delineation of certain flood areas in certain plans submitted for approval; and to identify
separately, parking areas and structures as items required to be shown on a site plan; and
36. Appendix B, B -4, Requirements for final subdivision site plan, to require delineation of
special flood hazard areas and floodways on the dimensional layout plan, erosion and
sediment control plan, stormwater management plan, utilities plan, and street plan.
C. Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the
authority set forth in Section 15.2- 2286(6) and Seetionl 5.2- 2241(9) of the Code of Virginia
(1950), as amended:
1. Repeal the existing fee schedule for rezonings and establish a $1,000 fee for amendments
to the zoning map, including certain rezonings and amendments to proffered conditions;
2. Establish a $250 fee for a zoning modification; and
3. Establish a fee of $150 for review of a minor subdivision plat; establish a fee of $50 for
vacation of a plat or a portion of a plat; establish a fee of $220, plus $50 per lot, for a
major subdivision plat, and establish a fee of $500, plus $75 per acre or portion thereof,
for a subdivision site plan.
The ordinances adopting the amendments described above shall be effective upon adoption by
the City Council for the City of Roanoke.
The proposed amendments are available for review in the Department of Planning, Building, and
Development, Room 166, Noel C. Taylor Municipal Building, and online at
http://roanokeva.gov/planningeommission.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid applications and proposed amendments
on November 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, November 1, 2016, and Tuesday, November 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.caff@roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
Maryellen F. Goodlatte, Attorney
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, November 14, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Ivy View, LLC, to repeal all conditions proffered as part of a previous rezoning and
amend the Planned Unit Development Plan as it pertains to the properties located at
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. (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
held on Monday, November 21, 2016 at 7:00 p.m. before the Roanoke City Council in
the Council Chamber, depending upon formal action taken by the City Planning
Commission on Monday, November 14, 2016. Action taken by the City Planning
Commission may be viewed on the City's webpage, www.roanokeva.gov, 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,
t fteJdsOy
Stephanie M. Moon Rey MM
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -meil:
CECELIA F. MCCOV
City Clerk
Deputy City Clerk
October 28, 2016
CECELIA T.WEBB,CMC
Aesistnnt Winer City Clerk
Maryellen F. Goodlatte, Attorney
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, November 14, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Ivy View, LLC, to repeal all conditions proffered as part of a previous rezoning and
amend the Planned Unit Development Plan as it pertains to the properties located at
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. (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
held on Monday, November 21, 2016 at 7:00 p.m. before the Roanoke City Council in
the Council Chamber, depending upon formal action taken by the City Planning
Commission on Monday, November 14, 2016. Action taken by the City Planning
Commission may be viewed on the City's webpage, www.roanokeva.gov, 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,
t fteJdsOy
Stephanie M. Moon Rey MM
City Clerk
Enclosure
Maryellen F. Goodlatte, Attorney
October 28, 2016
Page 2
c: Danny E. Broach, Manager, Ivy View, Li 3980 Premier Drive, Suite 130, High
Point, North Carolina 27265
c CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Ronln 456
Roanoke, Virginia 24011 -1536
Telephone: (540)953 -2541
Fax: (540)853 -1145
S "rENIAN1E M. MOON REYNOLDS, MM( E -mail: elerk(avuannke....O. (' F.CF.LIA F. MC'COY
City Clerk Deputy City Clerk
October 28, 2016 CECELIAT. WEBB,CMC
Assistant Deputy City Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 14, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Ivy View, LLC, to repeal all conditions proffered as part of a previous rezoning and
amend the Planned Unit Development Plan as it pertains to the properties located at
2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. (See
copy of Public Hearing Notice attached).
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday,
November 21. 2016 at 7:00 p.m., in the Council Chamber, pending formal action by the
City Planning Commission. Action taken by the City Planning Commission may be
viewed on the City's webpage, www.roanokeva ooy, under "Roanoke Planning
Commission News ".
This letter is provided for your information as an interested party 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 Reynolds, M
City Clerk
Enclosure
Interested Party and /or Adjoining Property Owners
October 28, 2016
Page 2
pc: Danny E. Broach, Manager, Ivy View, LLC, 3980 Premier Drive, Suite 130, High
Point, North Carolina 27265
VB Land, LLC, 36 W. Church Avenue, S. W., Roanoke, Virginia 24011
Lester Management Group, LLC, 7231 Lamarre Drive, N. W., Roanoke, Virginia
24019
James L. Woltz, 23 Franklin Road, S. W., Roanoke, Virginia 24011
Land Account, LLC, 2018 Electric Road, Box 120, Roanoke, Virginia 24018
Jason D. Murphy, 114 26" Street, S. E., Roanoke, Virginia 24014
W. Chan and Kae N. Bolling, 2341 Woodcliffe Road, S. W., Roanoke, Virginia
24014
J. Wysor Smith, Jr., 1010 2n° Street, S. W., Roanoke, Virginia 24016
Henry Scholz, 2335 Broad Street, S. W., Roanoke, Virginia 24014
The Ronald B. Dingler Estate Trust, 2424 Oregon Avenue, S. W., Roanoke,
Virginia 24015
ARD Properties, LLC, P. O. Box 20511, Roanoke, Virginia 24018
K. Wayne and Beverly A. Booth, 2326 Franklin Road, S. W., Roanoke, Virginia
24014
Chase Morgan Associates Corporation, P. O. Box 8103, Roanoke, Virginia
24014
Samuel M. Garst, 378 Calypso Road, Moneta, Virginia 24121
Smith and Associates, LLC, 1010 2nd Street, S .W., Roanoke, Virginia 24016
Norfolk Southern Railroad, 110 Franklin Road, S. E., Roanoke, Virginia 24011
PENC, LLC, 2322 Carolina Avenue, S. W., Roanoke, Virginia 24014
Alan Katz, 2410 Broadway Street, S. W., Roanoke, Virginia 24014
Rupert B. Bonhotel, 2516 Stanley Avenue, S. E., Roanoke, Virginia 24014
GKRR, LLC, 5584 Salisbury Drive, Roanoke, Virginia 24018
David G. and Maddie S. Hollandsworth, 2604 Wildwood Road, Salem, Virginia
24153
Cynthia S. Blackburn, 2135 Lynn Avenue, S. W., Roanoke, Virginia 24015
Randal Tickle, 2131 Lynn Avenue, S. W., Roanoke, Virginia 24015
Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216
Howard L. Cayton, 2502 Franklin Road, S. W., Roanoke, Virginia 24014
Harry G. Garrett, 247 Thompson Road, S. E., Floyd, Virginia 24091
Michael J. and Angela Raplomatas, 5065 Williamsburg Court, S. W., Roanoke,
Virginia 24018
Richard A. and Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014
Cecil E., Jr., and Audrey B. Hodges, 2024 Winston Avenue, S. W., Roanoke,
Virginia 24014
TBC Realty Associates, LLC, 2580 Broadway Street, S. W., Roanoke, Virginia
24014
Commonwealth of Virginia, P. O. Box 3071, Salem, Virginia 24153
Interested Party and /or Adjoining Property Owners
October 28, 2016
Page 3
Carilion Clinic Properties, LLC, 213 S. Jefferson Street, S. W., Roanoke, Virginia
24011
WG Cole Roanoke Virginia, LLC, P. O. Box 1159, Deerfield, Illinois 60015
2525 Franklin Road Associates, LLC, 2525 Franklin Road, S. W., Roanoke,
Virginia 24014
Rhonda Thomas, 2240 Franklin Road, S. W., Roanoke, Virginia 24014
Hemraj Trading Company, 1927 Franklin Road, S. W., Roanoke, Virginia 24014
Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 -0428
Cecil E. and Audrey R. Hodges, 2024 Winston Avenue, S. W., Roanoke, Virginia
24014
Norfolk Southern Railroad, Three Commercial Place, Box 209, Norfolk, Virginia
23510
Carillon Clinic Properties, LLC, P. O. Box 12385, Roanoke, Virginia 24025
JMH Real Estate, LLC, 3270 Electric Road, Roanoke, Virginia 24018
r <f.�' ieLiC d,
Department of Planning, Building and Development
Room 168, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730 Fax: (540) 853 -1230
SEP 2 B 2016
ROANOKE
CITY OF ROANOKE Click Here to Prim
PLANNING BUILDING 8
DEVELOPMENT
Date: Se tember 26 2016 Submittal Number: 10rigInal Application
I
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional 2 Amendment of Planned Unit Development Pian
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
r.�
Address: 2207, 2203, 0, 2219, and 2211 Franklin Road, S.W, Roanoke, VA
Official Tax No(s),: 1150102,1150709, 1150106, 1750108, 7150177, and 7150173
Existing Base Zoning: INPUD, Instltutlonal Planned Unit Devel ZWith Conditions
(If multiple zones, please manually enter all districts.) opment
❑ Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): 40062 -09151 4
Requested Zoning:
❑• With Conditions Proposed INPUD, Instltutlonal Planned SEE ATTACHED
__ ",. � ❑
Without Conditions Land Use:
Name: Ivy Mew, LUC, ATTN: Danny E. Broach, Manager Phone Number: +1 (3361905 -0916
Address: 3980 Premier Drive, Suite 130, High Point, NC 27265
IVY via , E -Mail: dbroach ®bankofri
By: A9 _
Property Owner's Signature: '
Name: Phone Number:
Address:
E -Mail:
Applicant's Signature:
Name: Maryellen F. Goodlatte, Esq. Phone Number: +1(540)2248018
Address: Glenn, Feldmann, et al ., P. O. Box 2887, Roanoke, VA 24001 -2887
E -Mail: lmgoodlatte ®glennfeldmann.com
Authorized Age9Ys Signature
ROANOKE
r Completed application form and checklist.
r Written narrative explaining the reason for the request.
F- Metes and bounds description, if applicable.
F Piling fee.
f- Concept plan meeting the Application Requirements of Rem Tic)' in Zoning Amendment Procedures.
r Written proffers. Seethe C'ay's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
F-
'development plan' If pmffered,
r Development plan meeting the requirements of Section 36.2 -326 or the City's Zoning Ordinance.
r Comprehensive signage plan meeting the requirements of Section 36.2- 336(dX2) or the CWs Zoning Ordinance.
r Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures,
if applicable.
FT Written proffers to be amended. See the City's Guide to Proffered Conditions.
IT Copy of previously adopted Ordinance.
r Amended development plan meeting the requirements of Section 36.2 -326 of the Cff)rs Zoning Ordinance.
r Copy of previously adopted Ordinance.
For
r- comprehensive signage plan msoling the requirements of Section 36.2 -336(d) or the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
r- Traffic Impact Study in compliance With Appendix &2(e) of the grys Zoning Ordinance.
Wiped lMO -ra-Dbe a601 ]a.MiQ7.1(10
r Cover sheet.
r Traffic impact analysis.
r Concept plan.
I- Proffered cendttlons, if applicable.
r Required fee.
'An electronic copy of this application and checklist can be found at vnvw.roanokeva.gov /pbd by selecting'Planning Co"ssion' under
'Boards and Commisslome. A =Plate packet must be submitted each time an application is amended, unless otherwise specified by
staff.
NARRATIVE
In December 2004, twelve (12) tracts of land and right -of -way at the intersection of Wonju Street
and Franklin Road were rezoned from C -2, General Commercial District and LM, Light
Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to
certain conditions proffered by the applicant. In August 2007, those conditions were amended
with respect to one of the twelve tracts (i.e. tax map parcel 1150108) to permit the erection of a
temporary freestanding sign. In April 2014, the conditions were amended with respect to tax
map parcel 1272504 to permit that parcel's change of use from a grocery store to medical clinic
and related uses to facilitate the redevelopment of that parcel by Carilion Clinic. In September,
2014 the conditions were further amended with respect to the balance of the site (i.e. 4.2869
acres) to facilitate the development of the Mellow Mushroom restaurant on what is now tax map
parcel 1150109 (Ordinance Number 40062 - 091514). The six parcels which are the subject of
this zoning amendment application (and which consist of tax map parcels 1150102, 1150104,
1150106, 1150108, 1150112 and 1150113) (collectively, the "Parcels ") were part of the acreage
included within the scope of the September, 2014 Ordinance.
While the September 2014 INPUD Development Plan anticipated the construction of the Mellow
Mushroom restaurant, no other specific users had been identified at the time that ordinance was
adopted. The September 2014 Ordinance recognized the importance of flexibility with respect to
the design plan for the Parcels. Since the redevelopment of the former grocery store by Carillon
Clinic and the construction of the Mellow Mushroom restaurant, Ivy View, LLC became better
positioned to attract an additional first -class user.
With the efforts of Harbour Retail Partners, an organization with significant experience in the
specialty grocer industry, a grocer is prepared to lease the 23,800 + /- square foot building
identified on the INPUD Development Plan dated September 23, 2016 (the "2016 INPUD Plan")
as `Building A ". That grocer, with its focus on wellness and healthy foods derived from
sustainable agricultural practices, has numerous locations in the Southeast and Midwestern
United States. It expects to make its announcement about this Roanoke location next month and
is working towards a store opening in late 2017. The store's indoor seating will be designed to
harmonize with outdoor seating planned for patrons. To complement its overall philosophy, the
grocer has requested that Harbour Retail Partners help incorporate green initiatives, such as solar
panels, skylights, cisterns, green (i.e. vegetative) wall panels, electric charging stations, and
similar sustainable elements into the building design to the extent possible and to the extent
economically feasible. The 2016 INPUD Plan provides for the development of one other
building on the Parcels, users for which have not yet been established. Ivy View is filing this
application in order to remove all the conditions currently attached to the Parcels and replace
them with updated standards that will facilitate the development of the grocer parcel and
encourage the final build -out of the site in a fashion which will complement the existing
development.
The principals of Harbour Retail Partners involved in the development of the Parcels have
significant experience in the specialty grocery industry including the acquisition and
development of multiple specialty grocer- anchored shopping centers through the Southeast.
Their experience and intimate knowledge of the Roanoke market contributed to the decision of
the grocer to locate a new store in our community.
As shown on the original INPUD development plans, two access points on Franklin Road and
one access point on Wonju serve the Parcels. One access point on Franklin Road is situated near
Building A. The reciprocal easement with Carilion Clinic (a copy of which is attached) also
provides the Parcels access to the signalized intersection at Franklin Road as well as the Wonju
Street entrance, which are located on the Carilion parcel. Truck traffic serving Building A will
primarily use the Wonju Street access, which allows truck traffic to be routed along the rear of
the center, much as delivery trucks serving the former grocery store did. It is estimated that two
large trucks and four to five small trucks or vans will make deliveries to the grocer weekly.
The 2016 INPUD Plan shows two buildings which we sized and placed in order to meet the
requirements of the grocer while providing developmental symmetry, meeting parking
requirements, and meeting subdivision requirements. Ultimately, the 6 separate tax parcels
which comprise the Parcels will be combined and resubdivided in order to create up to 2 separate
tax map parcels. The INPUD Plan provides that the conditions noted thereon will apply to the
Parcels however they may be combined or subdivided in the future.
No adverse impacts to the surrounding area are anticipated. Quite to the contrary, the proposed
uses of the Parcels will promote and maximize the commercial development of the balance of the
site, as encouraged by the City's Comprehensive Plan, including the Franklin Road/Colonial
Avenue neighborhood plan.
In analyzing the impacts of the changes in use from those last proposed, the applicant's engineers
consulted with the City's traffic engineers and concluded that there would be no adverse traffic
impact on the area as a result of the change in use. Comparing the trips generated by the
proposed uses of the Parcel in 2004 against the use list (which has remained unchanged from the
uses allowed under the current Ordinance), the analysis shows a slight reduction in the number of
anticipated trips. A summary of that analysis is attached. The applicant understands that the
City's traffic engineers will require that the existing traffic signal (which had been installed after
approval of the 2004 plan) remain unactivated until such time as the level of traffic justifies the
activation of that signal.
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Proposed Land Use:
Financial Institution
Office, General or Professional
Business Service Establishment, not otherwise listed
Medical Clinic
Mixed Use Building
Bakery, Confectionary, or Similar Food Production, Retail
General Service Establishment, not otherwise listed
Personal Service Establishment, not otherwise listed
Pet Grooming
Retail Sales Establishment, not otherwise listed
Eating Establishment
Eating and Drinking Establishment, not abutting a residential district
Eating and Drinking Establishment, abutting a residential district
Entertainment Establishment, abutting a residential district
Entertainment Establishment, not abutting a residential district
Health and Fitness Center
Meeting Hall
Puking, Off -Site
Dwelling, Multifamily
Original INPUD Development Plan uses:
Use Type
Vehcle Trips— P.M. Peak, per 1,000sf
"supermorket /two -story, approx 120,000 sf total)
8.37x120= 1,004`
Specialty Retail (1" floor, approx. 75,000 sf total)
5.02 x 75 = 377
General Office (2na floor, approx. 75,000 sf total)
Total Vehicle Trips
1.49 x 75 = 112
1,493
Amended INPUD Development Plan uses:
Use Type
- Medical
5.18x120=
Specialty Retail (1" floor, approx. 75,000 sf total) 5.02 x 75 = 377
General Office (2" ^floor, approx. 75,000 sf total) 1.49 x 75 = 112
Total Vehicle Trips 1 1,111
2014 Amendment to INPUD Development Plan uses:
Peak, per 1,000 sf
Use Type
Vehicle Trips— P.M. Peak, per 1,000 sf
"Medical Clinic (two- story, approx 110,000 sf total)
5.18 x 120 = 622'
Specialty Retail (1" floor, approx. 21,000 sf total)
5.02 x 21= 105
General Office (2"a floor, approx. 21,000 sf total)
1.49 x 21 = 31
Restaurant (3 units, approx. 6,300 sf each, approx.
19,000 sf total)
9.02 x 19 = 171
Total Vehicle Trips
929
Proposed Amendment to INPUD Development Plan uses:
Use Type
Vehicle Trips — P.M. Peak, per 1,000 sf
- Medical Clinic (three -story, approx 180,000 sf total)
5.18 x 180 = 932'
Grocery (approx. 23,800 sf)
8.37 x 23.8 = 199
Quality Restaurant O units, approx. 6,800 sf)
9.02x6.8 =61
Fast -Food Restaurant (1 unit, approx. 3,500 sf)
52.40 x 3.5 =183
Specialty Retail (approx. 3,500 sf)
5.02 x 3.5 = 18
Total Vehicle Trips
1,393
*Notes: Italicized uses a nd trip values are not part of this proposed INPUD amendment, but are
provided for consideration of potential traffic volume for the INPUD district as a whole.
ITE Codes used — Supermarket (850), Clinic (630), Specialty Retail Center (826), General Office
Building (710), Quality Restaurant (931), Fast Food Restaurant without Drive- through Window
(933)
EXISTING CONDITIONS
The applicant and owner, Ivy View, LLC, hereby requests that all of the conditions enacted by
Ordinance No. 40062 - 091514 (the "Ordinance ") be repeated as they pertain to the 3.4295 acre
parcel which is the subject of this application (being Official Tax Nos, 1150102, 1150104,
1150106, 1150108, 1150112, and 1150113). Those conditions areas follows:
Conditions set forth on the INPUD Development Plan dated August 6, 2014
VEHICULAR ENTRANCES
TWO ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY
ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING
CROSS - ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE
TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTING
ENTRANCE ALONG WONJU STREET, S.W. WHICH ALIGNS WITH BROADWAY
AVE., S.W. AND HAS A DIVIDER MEDIAN THAT PERMITS "RIGHT TURN IN
AND LEFT TURN IN" OFF OF WONJU STREET, S.W. AND "RIGHT TURN OUT"
ONLY MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE
CROSS - ACCESS EASEMENT.
BUILDING DESIGN:
THE DESIGN OF ANY BUILDING ON THE PROPERTY SHALL BE
ARCHITECTURALLY COMPATIBLE THROUGH THE USE OF COMMON
MATERIALS AND /OR STYLES WITH THE BUILDINGS ON TAX MAP PARCEL
1272505 AND 1272504. BUILDING HEIGHT SHALL NOT EXCEED FIFTY (50)
FEET. BUILDING WALLS FACING FRANKLIN ROAD SHALL HAVE A
MINIMUM TRANSPARENCY OR GLAZING OF 40% FOR THE GROUND FLOOR
AND 25% FOR UPPER FLOORS, BUILDINGS LOCATED WITHIN 100 FEET OF
FRANKLIN ROAD SHALL HAVE A PRIMARY ENTRANCE VISIBLE FROM AND
ORIENTED TOWARDS FRANKLIN ROAD AND SHALL PROVIDE PEDESTRIAN
LINKAGE TO FRANKLIN ROAD. FOR ANY BUILDING WALL LONGER THAN
50 FEET, ARTICULATION SHALL BE PROVIDED TO AVOID THE APPEARANCE
OF A BLANK WALL. SUCH ARTICULATION MAY INCLUDE CHANGES IN
COLOR, MATERIALS, OR OFFSET TO BUILDING LINES. DUMPSTER
ENCLOSURES SHALL BE CONSTRUCTED WITH BUILDING MATERIALS
SIMILAR TO THOSE USED IN THE PRIMARY STRUCTURE IN TYPE AND
COLOR.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE
REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE,
TABLE 668 -1, FOR THE "CO" ZONING DISTRICT. GROUND SIGNS
SHALL NOT BE DEEMED TO INCLUDE DIRECTIONAL SIGNAGE.
GROUND SIGNS SHALL BE LIMITED TO A TOTAL OF ONE
HUNDRED FIFTY (150) SQUARE FEET OF SIGN SURFACE AREA
ON EACH SIDE AND SHALL NOT EXCEED TWENTY (20) FEET IN
HEIGHT.
(2) NO MORE THAN FOUR (4) GROUND SIGNS SHALL BE LOCATED
ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR
ENTRANCES MAY SERVE AS IDENTIFICATION SIGNS FOR THE
CENTER DEVELOPMENT.
B. BUILDING SIGNS
(1) BUILDING MOUNTED SIGNS SHALL BE LIMITED TO ONE (1)
SQUARE FOOT OF SIGNAGE AREA FOR EACH LINEAR FOOT OF
THE BUILDING FACADE OR STOREFRONT TO WHICH IT IS
ATTACHED, EXCEPT THAT EACH STOREFRONT SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET.
(2) BUILDING MOUNTED SIGNS SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT IN B(1) ABOVE.
PARKING LOT LIGHTING DESIGN:
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINAIRES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD CUTOFF TYPE
LUMINAIRES. IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMMAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR. ILLUMINATION LEVELS
AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3
FOOT - CANDLES.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
USES:
THE PROPERTY SHALL BE USED ONLY FOR THE FOLLOWING LAND USES:
FINANCIAL INSTITUTION
OFFICE, GENERAL OR PROFESSIONAL
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
MEDICAL CLINIC
MIXED USE BUILDING
BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL
GENERAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PET GROOMING
RETAIL SALES ESTABLISHMENT, NOT OTHERWISE LISTED
EATING ESTABLISHMENT
EATING AND DRINKING ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL
DISTRICT
ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT
ENTERTAINMENT ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
HEALTH AND FITNESS CENTER
MEETING HALL
PARKING, OFF -SITE
DWELLING, MULTIFAMILY
SUBDIVISION:
SHOULD THE PARCELS, WHICH COMPRISE THE PROPERTY, BE COMBINED
OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR
RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR
COMBINED LOTS SHALL HAVE A LOT FRONTAGE ON FRANKLIN ROAD OF
AT LEAST TEN (10) FEET. NO MORE THAN ONE (1) GROUND SIGN SHALL BE
LOCATED ON EACH SUCH SUBDIVIDED OR COMBINED PARCEL.
INPUD DEVELOPMENT PLAN STANDARDS
The applicant and owner, Ivy View, LLC, hereby requests that the development standards set
forth on the INPUD Development Plan dated September 23, 2016 be imposed on the 3.4295 acre
parcel:
VEHICULAR ENTRANCES
THREE ENTRANCES WILL SERVE THE SITE: THE EXISTING PRIMARY
ENTRANCE ALONG FRANKLIN ROAD, S.W. BY VIRTUE OF THE EXISTING
CROSS- ACCESS EASEMENT AND A SECOND FRANKLIN ROAD ENTRANCE
TO THE EAST OF THE PRIMARY ENTRANCE. IN ADDITION, THE EXISTING
ENTRANCE ALONG WON7U STREET, S.W. WHICH ALIGNS WITH BROADWAY
AVE., S.W. AND HAS A DIVIDER MEDIAN THAT PERMITS `BIGHT TURN IN
AND LEFT TURN IN' OFF OF WONJU STREET, S.W. AND "RIGHT TURN OUT"
ONLY MOVEMENTS WILL BE ACCESSIBLE TO THE SITE BY VIRTUE OF THE
CROSS- ACCESS EASEMENT.
BUILDING DESIGN:
THE DESIGN OF ALL BUILDINGS SHALL BE ARCHITECTURALLY
COMPATIBLE THROUGH THE USE OF COMMON MATERIALS, STYLES OR
FORMS WITH THE BUILDINGS ON TAX MAP PARCELS 1272504, 1272505 AND
1150109. THE EXTERIOR FINISH MATERIALS FOR ANY BUILDING ON THE
PROPERTY SHALL BE LIMITED TO THE FOLLOWING: STUCCO OR EXTERIOR
INSULATED FINISH SYSTEM (EIFS), STONE OR CAST STONE, BRICK,
COMPOSITE, NICHIHA PANELS, GLASS, METAL, WOOD, STANDING METAL
SEAM, FAUX STONE, TRELLIS -LIKE STRUCTURE SUPPORTING VEGETATIVE
FACADES, OR OTHER FINISH MATERIALS USED ON THE BUILDINGS
LOCATED ON TAX MAP PARCEL 1272505 OR 1272504. BUILDING HEIGHT
SHALL NOT EXCEED FIFTY (50) FEET. THE TWO FACADES ON BUILDING `B"
AS SHOWN ON THE INPUD DEVELOPMENT PLAN WHICH FACE FRANKLIN
ROAD AND THE INTERIOR OF THE DEVELOPMENT FACING BUILDING A
SHALL HAVE A MINIMUM TRANSPARENCY OR GLAZING OF 30% FOR THE
GROUND FLOOR AND 20% FOR UPPER FLOORS, TO THE EXTENT THAT
UPPER FLOORS ARE CONSTRUCTED. BUILDINGS LOCATED WITHIN 100
FEET OF FRANKLIN ROAD SHALL HAVE A PRIMARY ENTRANCE VISIBLE
FROM FRANKLIN ROAD AND NO GREATER THAN 100 FEET FROM
FRANKLIN ROAD AND SHALL PROVIDE PEDESTRIAN LINKAGE TO
FRANKLIN ROAD. FOR ANY FAgADE ON BUILDING "A" AS SHOWN ON THE
INPUD DEVELOPMENT PLAN LONGER THAN 30 FEET AND FRONTING
FRANKLIN ROAD, ARTICULATION ELEMENTS SHALL BE PROVIDED TO
AVOID THE APPEARANCE OF A BLANK WALL. THOSE MINIMUM
ARTICULATION ELEMENTS FOR BUILDING "A" SHALL INCLUDE THE
FOLLOWING: (A) EITHER A MURAL, OR A GREEN (i.e. VEGETATIVE) WALL,
OR AN OFFSET TO BUILDING LINES USING ARCHITECTURAL MATERIALS
AND HAVING A MINIMUM DEPTH OF ONE (1) FOOT; AND (B) A
COMBINATION OF TWO OR MORE OF THE FOLLOWING ARTICULATION
ELEMENTS: CHANGES IN COLOR, CHANGES IN MATERIALS, OR CHANGES
IN TEXTURE. BUILDING "A' "s EXTERIOR WALLWHICH FACES FRANKLIN
ROAD SHALL BE SET BACK AT LEAST 3 FEET FROM THE PROPERTY LINE.
ENCLOSURES FOR DUMPSTERS, IF REQUIRED, SHALL BE CONSTRUCTED
WITH BUILDING MATERIALS SIMILAR TO THOSE USED IN THE PRIMARY
STRUCTURE IN TYPE AND COLOR. FOUNDATION SHRUB PLANTINGS
SHALL BE PROVIDED ALONG THE FRANKLIN ROAD FACADE OF BUILDING
A. SUCH FOUNDATION SHRUB PLANTINGS SHOULD INCLUDE SOME
VARIATION IN FORM, WHETHER IN HEIGHT, COLOR, OR TEXTURE OR
COMBINATION THEREOF, TO ACCENTUATE THE BUILDING AND PROVIDE
VISUAL INTEREST. AT LEAST TWO COLUMNAR SHRUBS WITH A MATURE
HEIGHT OF 10 FEET AND INDIVIDUAL (OR CUMULATIVE, IF GROUPED)
DIAMETER EXCEEDING 3 FEET SHALL BE PART OF THE FOUNDATION
SHRUB LANDSCAPE PLAN.
PROJECT SIGNAGE:
A. FREESTANDING SIGNS
(1) THE NUMBER OF GROUND SIGNS SHALL CONFORM TO THE
REQUIREMENTS OF THE ROANOKE CITY ZONING ORDINANCE,
TABLE 668 -1, FOR THE "CG" ZONING DISTRICT. GROUND SIGNS
SHALL NOT BE DEEMED TO INCLUDE DIRECTIONAL SIGNAGE.
GROUND SIGNS SHALL BE LIMITED TO A TOTAL OF ONE
HUNDRED FIFTY (150) SQUARE FEET OF SIGN SURFACE AREA
ON EACH SIDE AND SHALL NOT EXCEED TWENTY (20) FEET IN
HEIGHT.
(2) NO MORE THAN TWO (2) GROUND SIGNS SHALL BE LOCATED
ON THE PROPERTY. GROUND SIGNS LOCATED AT VEHICULAR
ENTRANCES MAY SERVE AS IDENTIFICATION SIGNS FOR THE
CENTER DEVELOPMENT.
B. BUILDING SIGNS
(1) FOR BUILDING `B ", BUILDING MOUNTED SIGNS SHALL BE
LIMITED TO 1 SQUARE FOOT OF SIGNAGE AREA FOR EACH
LINEAR FOOT OF A BUILDING FACADE OR STOREFRONT TO
WHICH IT IS ATTACHED. NOTWITHSTANDING THE ABOVE
LIMITATION, EACH STOREFRONT ON BUILDING `B" SHALL BE
ENTITLED TO MINIMUM BUILDING MOUNTED SIGNAGE OF 39
SQUARE FEET. FOR BUILDING "A ", BUILDING MOUNTED
SIGNAGE, WHICH MAY INCLUDE MURALS, SHALL NOT
COLLECTIVELY EXCEED 1,850 SQUARE FEET, WHICH SIGNAGE
CAN BE PLACED ON ANY ONE OF THE BUILDING FACADES
AND NEED NOT BE PROPORTIONATELY ALLOCATED.
(2) BUILDING MOUNTED SIGNS SHALL NOT BE DEEMED TO
INCLUDE BLADE SIGNAGE (I.E. SIGNAGE PERPENDICULAR TO
THE BUILDING FACADE TO WHICH IT IS ATTACHED) SO LONG
AS SUCH BLADE SIGNAGE IS 10 SQUARE FEET OR LESS.
(3) SIGNS APPLIED TO AWNINGS OR ENTRANCE CANOPIES OR
SIGNS APPLIED TO WINDOWS SHALL BE PERMITTED AND
SHALL NOT BE INCLUDED IN THE CALCULATION OF BUILDING
MOUNTED SIGNAGE SET OUT IN B(1) ABOVE.
PARKING LOT LIGHTING DESIGN
WHILE PEDESTRIAN LIGHTING IS EXPECTED TO HAVE A PERIOD
APPEARANCE, ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES TALLER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD FULL CUTOFF TYPE
LUMINAIRES. ALL PARKING LOT LIGHTING FIXTURES MOUNTED ON
POLES LOWER THAN 18 FEET SHALL BE THE ILLUMINATING ENGINEERING
SOCIETY OF NORTH AMERICA (IESNA) STANDARD CUTOFF TYPE
LUMINAIRES. IT IS ANTICIPATED THAT ONE OR MORE OF THE FOLLOWING
GENERAL STYLES OF LUMINAIRE SHALL BE USED: A) VINTAGE POST -TOP
LANTERN STYLE; B) MODERN OR VINTAGE HANGING PENDANT OR BELL;
C) STANDARD "SHOE -BOX" STYLE AREA LIGHT. ILLUSTRATIVE
EXAMPLES OF EACH STYLE ARE SHOWN BELOW AS WELL AS A DIAGRAM
DETAILING THE DESIGN, WITH THE LIGHT SOURCE HIDDEN IN THE TOP,
TYPICAL IN POST -TOP LUMINAIRES OF THE SHIELDED, CUTOFF VARIETY.
AVERAGE FOOT CANDLE ILLUMINATION LEVEL FOR PARKING AREAS AND
DRIVES SHALL NOT EXCEED 8 FOOT CANDLES AS MEASURED AND
DETERMINED BY THE ZONING ADMINISTRATOR. ILLUMINATION LEVELS
AT THE PROPERTY LINE ALONG FRANKLIN ROAD SHALL NOT EXCEED 3
FOOT - CANDLES.
[ILLUSTRATIONS ON INPUD DEVELOPMENT PLAN]
USES:
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FINANCIAL INSTITUTION
OFFICE, GENERAL OR PROFESSIONAL
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
MEDICAL CLINIC
MIXED USE BUILDING
BAKERY, CONFECTIONARY, OR SIMILAR FOOD PRODUCTION, RETAIL
GENERAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED
PET GROOMING
RETAIL SALES ESTABLISHMENT, NOT OTHERWISE LISTED
EATING ESTABLISHMENT
EATING AND DRINKING ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
EATING AND DRINKING ESTABLISHMENT, ABUTTING A RESIDENTIAL
DISTRICT
ENTERTAINMENT ESTABLISHMENT, ABUTTING A RESIDENTIAL DISTRICT
ENTERTAINMENT ESTABLISHMENT, NOT ABUTTING A RESIDENTIAL
DISTRICT
HEALTH AND FITNESS CENTER
MEETING HALL
PARKING, OFF -SITE
DWELLING, MULTIFAMILY
SUBDIVISION:
SHOULD THE PARCELS, WHICH COMPRISE THE PROPERTY, BE COMBINED
OR SUBDIVIDED, THE CONDITIONS SHALL BIND EACH SUBDIVIDED OR
RECOMBINED PARCELS, AS APPLICABLE. SUCH SUBDIVIDED OR
COMBINED LOTS SHALL HAVE A LOT FRONTAGE ON FRANKLIN ROAD OF
AT LEAST TEN (10) FEET.
ZONING DISTRICT MAP
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2211 Franklin Road SW pJ�
Official Tax Parcels: 1150102,
1150104, 1150106, 1150108,
1150112, and 1150113, respectively s
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
STF.PBANIF. M. MOON REYNOLDS, MMC
E -mail: elerk@roanokeva.gov CECELIA F. MCCOY
Cily Clerk
Deputy City Clerk
CECELIA T. WEBB, CIVIC
Assistant Deputy City Clerk
November 22, 2016
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing copy of Ordinance No. 40706 - 112116 repealing Ordinance No. 29660,
adopted July 24, 1989, to the extent that it placed certain conditions on property located
at 2002 Blue Hills Drive, N.E., Official Tax Map No. 7230101, and rezoning the property
from 1 -1, Light Industrial District, with conditions, and ROS, Recreation and Open Space
District, to 1 -1, Light Industrial District, without conditions; as set forth in the Zoning
Amendment Application No. 1 dated August 23, 2016.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
Sincerely,
iY-1.9
Stephanie M. Moon Reyno MC
City Clerk
Enclosure
c: Kermit Hale, Chair, City of Roanoke Planning Commission, 2222 Blenheim Road,
S. W., Roanoke 24015
D. S. Combs, 1929 Jolinda Drive, Columbus, Indiana 47203
Jaime L. Gianni, 6539 Fairway View Trail, S. W., Roanoke, Virginia 24018
Katherine Poole Bryant, 2415 Mason Mill Road, N. E., Roanoke, Virginia 24012
Vickie H. May, 2548 Manning Road, N. E., Roanoke, Virginia 24012 -5602
A. Wade Douthat, III, Trustee, 3625 Ridgewood Lane, S. W. Roanoke, Virginia
24014
Christopher P. Morrill
City Manager
November 22, 2016
Page 2
c: Teresa A. Henry, 7640 Old Dominion Drive, Apartment 27, Roanoke, Virginia
24019
Eric and Cialdella Theresa Burden, 297 Old York Road, Bridgewater, New Jersey
08807
Larry Beverly Franklin, 3221 Richard Avenue, N. E., Roanoke, Virginia 24012
Clement A. Smith, P. O. Box 986, Abingdon, Virginia 24210
Virgil E. Boyd, 863 E. Fincastle Street, North Tazewell, Virginia 24630
Samir Hussamy, 1761 Bay Oak Circle, Vero Beach, Florida 32963
Steven Calvin Clement, 2215 Mason Mill Road, N. E., Roanoke, Virginia 24012
Joseph R. Hutchens, 2219 Mason Mill Road, N. E., Roanoke, Virginia 24012
Robert D. and Joy J. Arthur, 2300 Mason Mill Road, N. E., Roanoke, Virginia
24012
Robert Michael and Debbie Callahan, 2310 Mason Mill Road, N. E., Roanoke,
Virginia 24012
Louie Craig and Cindy S. Minnick, 2402 Mason Mill Road, N. E., Roanoke,
Virginia 24012
Norris G. Miller, 2426 Mason Mill Road, N. E., Roanoke, Virginia 24012
Richard E. Beverly, 2410 Mason Mill Road, N. E., Roanoke, Virginia 24012
Grand Piano & Furniture Co., Inc., 4235 Electric Road, Roanoke, Virginia 24018
Edwin M. and June M. Wilson, Trustee, 401 Tinker Creek Lane, Roanoke,
Virginia 24019
Semco Duct and Acoustical Products, Inc., 1800 East Point Drive, Columbia,
Missouri 65201
Roanoke Cooperative Association, Ltd., 1319 Grandin Road, S. W., Roanoke,
Virginia 24015
The Honorable Brenda Hamilton, Clerk of the Circuit Court
The Honorable Evelyn Powers, City Treasurer
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Brian Townsend, Assistant City Manager for Community Development
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director of Real Estate Valuation
Chris Chittum, Director of Planning, Building and Development
Ian Shaw, Planning Commission Agent
Tina Carr, Secretary, City Planning Commission
5�
0
IN'I'I Ili t'OIINCI L OI :'fk II'. ('I'IY OI: ROANOICIi, VIRGINIA
ri, 21st dny of Novcmber, 2016.
No. 40706 - 112116.
AN ORDINANC9 E repealing Ordinanec No. 29660, adopted .luly 24, 1989, to the
extent that it placed certain conditions on property located at 2002 Blue dills Drive, N.E.,
and to rezone the subject property floor 1 -I, Light Industrial District, with conditions, and
ROS, Recreation and Open Space District, to 1 -I, Light Industrial District, without
conditions; and dispensing with the second reading of-this ordinance by title.
WI IFRFAS, the City of Roanoke has made application to the Council of the City
of Roanoke, Virginia ( "City Council "), to have the property located at 2002 Blue Hills
Drive, N.E., hearing Official Tax Map No. 7230101, rezoned fiom 1 -1, Light Industrial
District, with conditions, and ROS, Recreation and Open Space District, to 1 -1, Light
Industrial District, without conditions, and to repeal Ordinance No. 29660, adopted July
24, 1989, to the extent that it placed conditions on the subject property;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 21, 2016, after due and timely notice thereof as required by §362-
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
W11FRFAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property Should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
Ordinance No. 29660, adopted July 24, 1989, to the extent that it placed
certain conditions on property located at 2002 Blue Hills Drive, N.E., hearing Official
Tax Map No. 7230101, is hereby REPEALED, and that Section 36.2 -100, Code of the
City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, be amended to reflect such action.
2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 7230101 located at 2002 Blue
Hills Drive, N.E., be, and is hereby rezoned from I -1, Light Industrial District, with
conditions, and ROS, Recreation and Open Space District, to I -1, Light Industrial
District, without conditions, as set forth in the Zoning Amendment Application No. I
dated August 23, 2016.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
;U��Yy).ot�t,114
City Clerk.
Rezone w01, p, fMls - 2002 Rim 14;11, , 2
Meeting: November 21, 2016
Subject: Application by the City of Roanoke to rezone and repeal all
conditions proffered as part of a previous rezoning on property
located at 2002 Blue Hills Drive, N.E., bearing Official Tax Map No.
7230101, from 1 -1, Light Industrial District, with conditions, and
ROS, Recreation and Open Space District, to 1 -1, Light Industrial
District.
Recommendation
The Planning Commission held a public hearing on Monday, November 14,
2016. By a vote of 6 - 0, the Commission recommended approval of the
rezoning request, finding that the Original Application is consistent with the
City's Comprehensive Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance
as the subject property will be redeveloped for an active use appropriate to the
surrounding area.
Application Information
Re nest:
Rezoning and Repeal of Proffered Conditions
Owner:
City of Roanoke
Applicant-
City of Roanoke Planning
Commission
Authorized Agent:
Ian D. Shaw, Planning Commission Agent
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site
Address /Location:
2002 Blue Hills Drive NE
Official Tax Nos.:
7230101
Site Area:
Approximately 49.417 acres
Existing Zoning:
1 -1, Light Industrial District, with conditions, and
ROS Recreation and Open Space District
Propose Zonin :
1 -1, Light Industrial District
Existing Land Use:
Vacant
Proposed Land Use:
Manufacturing
Neighborhood Plan:
Hollins /Wildwood Area Plan
Specified Future
Land Use:
Light Industrial and Recreation /Open Space
Filing Date: Motion at Planning Commission Public Hearing:
October 10, 2016
Original Application: October 10 2016
Background
The use of the property in this portion of the City of Roanoke has long been one of
a mixture of industrial and residential uses. The area once had a large five -story
roller and saw mill, last known as Mason's Mill, which served as an industrial
service and gathering spot from the early 1800's until it burned in 1924. A
number of mill worker houses built in the early 1900's still surround the area.
In 1989, several parcels of land were rezoned from RS -3, Residential Single Family
District, and RA, Residential Agricultural District, to LM, Light Manufacturing
District, with conditions. The purpose of the rezoning was to expand the Roanoke
Centre for Industry and Technology to accommodate future industrial
development. That land is currently zoned I -1, Light Industrial District, with
conditions with the exception of a 0.56 acre area that is currently zoned ROS,
Recreation and Open Space District.
The subject property of this request straddles a former boundary line of the city
that led to irregularities in the tax map /zoning map for this area at the time of the
rezoning (the 0.56 area was annexed in 1949 with the bulk of the property
annexed in 1976). This situation gave the appearance that the 0.56 acre area,
referenced above, remained in a RM -2, Residential Mixed Density District. In the
2005 Comprehensive Rezoning, the bulk of the property was rezoned to 1 -1, Light
Industrial District, while the 0.56 acre area that appeared to be zoned RM -2 was
rezoned to ROS, Recreation and Open Space District. The conditions remained on
the entire tract.
Proffered Conditions
The conditions proposed for repeal on the parcel, adopted through enactment
of Ordinance No. 29660, require the reversion of zoning designations if the City
did not buy the property and require the imposition of restrictive covenants.
The condition related to the sale of the property is no longer needed because
the City of Roanoke purchased the property. The condition related to the
imposition of restrictive covenants is no longer needed because the restrictive
covenants were imposed by the recording of a document entitled, "Deed of
Restriction Addition to the Roanoke Center for Industry and Technology," dated
April 2, 1992.
Considerations
The property is part of a large industrial development located at the western
end of Blue Hills Drive. The proposed change will further the development of
the property for industrial uses in keeping with the long term vision for the site.
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 change from 1 -1 , with conditions, to 1 -1 does not remove any of the
development standards within the zoning ordinance that protect residential
zoning districts adjacent to the property.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan identify the need
for development of existing industrial properties within existing industrial
zoning districts. The correction of a zoning district error on a small corner of
the industrial property will return the property to a fully industrial zoning
district that will allow for the property to be fully developed.
Relevant Vision 2001 -2020 policies:
ED P5. Industrial development. Underutilized and vacant industrial sites will be
evaluated and redevelopment encouraged.
Zoning District
Land Use
North
RA, Residential - Agriculture
Single Family Detached Dwelling, i..
and 1 -1, Light Industrial
Agricultural Operations, and General
District, with conditions
Manufacturing
South
R -5, Residential Single Family
Single Family Detached Dwelling,
and 1 -1, Light Industrial
Vacant, and Warehouse
District
East
1 -1, Light Industrial District
Vacant
West
ROS, Recreation and Open
Park
Space
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 change from 1 -1 , with conditions, to 1 -1 does not remove any of the
development standards within the zoning ordinance that protect residential
zoning districts adjacent to the property.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan identify the need
for development of existing industrial properties within existing industrial
zoning districts. The correction of a zoning district error on a small corner of
the industrial property will return the property to a fully industrial zoning
district that will allow for the property to be fully developed.
Relevant Vision 2001 -2020 policies:
ED P5. Industrial development. Underutilized and vacant industrial sites will be
evaluated and redevelopment encouraged.
Relevant Hollins /Wildwood Area Plan Policies
Economic Development Policies
Industrial Districts: Industrial uses should have sufficient land to operate, and
have a minimal impact on adjoining properties.
Public Comment Summary
None
Plannina Commission Work Session (October 7. 2016
The item was discussed in the Planning Commission Work Session for
compliance with City policy and ordinances. No comments for the applicant
resulted from the review of the proposed rezoning.
Conclusions and Recommendations:
The principal consideration is whether the proposed zoning amendment is
consistent with Vision 2001 -2020 and the Hollins /Wildwood Area Plan. The
proposed zoning amendment clears up an error from long ago and designates
the entire property as an 1 -1 District. It also repeals proffered conditions on the
property that are no longer relevant. The proposed change will allow the entire
parcel to be used for industrial development in an undeveloped portion of the
City's largest industrial business park. Staff finds that the zoning amendment,
as proposed, is consistent with these plans as it makes the entirety of the
property 1 -1 in the general area that is targeted in each plan for industrial use.
Planninq Commission Public Hearina (November 14. 2016):
None
t a/U ct
Kermit Hale, ChaKr ^z-
City Planning Commission
c: 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
Zoning Amendment
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax (540) 853.1230
Date: Aug 23, 2016
E] Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
OCT 1 01016
CITY OF ROANOKE
PLANNING BUILDING d
DEVELOPMENT
Submittal Number: Orlglnal Application
ROANOKE
Click Here to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
a
Address: 2002 Blue HIIIs Drive NE
Official Tax Nola),: 7230107
Existing Base Zoning: I -1(d and ROS (no conditions)
0WM Conditions
(If multiple zones, please manually enter all districts) ❑ Without Conditions
Ordinance No(s). for Existing Conditions (If applicable); 29660
E] With Conditions proposed
Requested Zoning: I -t ❑ Without Conditions Use: Manufacturing
Name: of Roanoke - -� Phone Number: +1(540)853 -2333
dress: 2 urch Ave. SW, Roanoke, VA 24011 E -Mail:
ees Signature:
r
Name: city of Roanoke Planning Commission, Kermit Hale, Chair Phone Number +1 (540) 853 -1730
VA 29017 E -Mail: planningproanokeva.gov
Name. Lan D. Shaw, Agent to the Planning Commission Phone Number: +t (5401653 -5808
Address: 2t5C rch Ave. SW, Roanoke, VA 24011 E -Mail: ianshaw@manokeva.gov
Authonzed enfs Signature :
the foldvitling must be submitted ' for all applications: ROANOKE
rx- Completedarifol cation form and checklist.
F Written narrative explaining the reason for the request
17 Metes and bounds description, if applicable. Not needed. Proposed zoning line follows existing properly line.
V Filing fee. n1a
ror a rezoning not otherwise listed; the fbiloWng must also be su ' brinfital
r Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures.
core cond;Corw rezoning, 4fifl 16116ifring musiffelsobi submitted.
F_ Written proffers. See the City's Guide to Proffered Conditions
Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures Plane label as
'development plan' if proffered.
'Fcir a planned unit development, the fbilowlingmust also he stfbmftted:
F- Development plan meeting the requirements of Sect on 36.2-326 of the Citys Zoning Ordinance.
For a comprehensive sign overlay district the Toldliffirig-, must b6sub submitted:;
r- Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the Citys Zoning Ordinance.
For an amendment 6 f piciffintil- c ci n dk I a 6 s, f tilko 46 g ffi jiaj a I ar'lits sjVmYffl
Amended development or concept plan meeting the Applcation Requirements of hem '2(c)' In Zoning Amendment Procedures,
if applicable.
D< Written proffers to be amended. Sea the City's Guide to Proffered Conditions.
X Copy of previously adopted Ordinance.
IFOIF i Plemned ishlit development a- resimlIT 10- Mth e'fif" musawobe sfibmItte&
F- Amended development plan meeting the requirements of Section 36.2-326 of the Citys Zoning Ordinance.
F- Copy of previously adopted Ordinance.
'For-lco-m-pp he siv_e' slk
n overlay smendlnerd pre. eIag must
Te'siWiftedi
.
r- Amended comprehensive signage plan meeting the requ rements of Section 36.2-336(d) of the Citys Zoning Ordinance.
F- Copy of prev ously adopted Ordinance.
-7
For a propose! that reig il di he I
p nifPsicsw 0"Bintle4liffiII "N a, tiie�
F- A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance.
0T."thil iiiiini
F&w a pripposerffist- uWesatrafficlim Lysitili ul - -----
pa slio ifu nftd Ii 11 drips!aiii s'
'a ¢e subpldlerT:':
17- Cover shoot,
r- Traffic impact analysis. The subject parcel is located approximately 8,000 feet from a
non-limited access state controlled highway or a connection to a
F- Concept plan. state limited access highway (measured along public streets).
F- Proffered conditions, if applicable. Therefore, it Is not subject to Chapter 527 requirements.
F Requ.red fee.
'An electronic copy of this application and cheCKIISI can be found at vntinv.roanolkeva.govilplod by selecling'Planning Commission' under
'Boards and Commissions' A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff
Zoning Map Amendment Narrative
Subject property: 49.417 acre parcel located at 2002 Blue Hills Drive, NE,
identified as TM #7230101
Owner: City of Roanoke
Proposed change: From ROS and 1 -1(c) to 1 -1
The subject parcel was rezoned from RA, Residential - Agricultural to LM, Light
Manufacturing, with conditions, by Ordinance No. 29660, on July 24_1 989. In
examining the map filed with the application, it appears a former corporate
limit line was mistaken for a property line. That error resulted in a small area
not being included in the rezoning. That portion remained RS -3 and was later
rezoned to ROS, Recreation and Open Space, as part of a comprehensive
rezoning of the City in December 2005.
Approximately 48.86 acres are currently zoned 1 -1 , with conditions.
Approximately 0.56 acres are zoned ROS, with no conditions. Since the
proposed zoning line will follow an existing property line, no survey is
necessary.
The intent of the proposed rezoning is to correct the map and extend the 1 -1
zoning district over the entire parcel identified as Tax Map No. 7230101. In
addition, the proposed amendment will repeal the conditions that were applied
to the property. These conditions were included in Section 6 of the Petition to
Rezone:
6. Petitioners hereby proffer and agree that if the Property is
rezoned as requested, the rezoning will be subject to, and that the
Petitioners will abide by, the following conditions:
a. If the City does not purchase the Property, the zoning shall revert
to the zoning designations existing at the time of the filing of this
Petition to Rezone, without further action by City Council.
b. The City agrees, upon purchasing the Property, to impose
restrictive covenants upon any and all sites and lots located within
the Property similar to those contained in the document entitled,
"Deed of Restriction" which is attached as Exhibit "D "C
Condition 6(a) is no longer needed because the City ultimately purchased the
property. Moreover, such a reversion clause has been deemed unenforceable.
Condition 6(b) is no longer needed because the referenced restrictive covenants
were imposed by the "Deed of Restriction Addition to the Roanoke Center for
Industry and Technology," dated April 2, 1992.
This map amendment was initiated by motion of the Planning Commission on
October 10, 2016, as provided for in Sec. 36.2- 540(b) of the City of Roanoke
Zoning Ordinance.
Attachments:
Exhibit 1. Subject Property
Exhibit 2. Areas to be rezoned
Exhibit 3. Concept Plan
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Exhibit 2. Areas to be rezoned
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A� ARC 1,
•fit Areas requested to be rezoned
. . '•'..'.fls� \1 � From 1- 1(c)to 1 -1
•� `N �` ~~ From ROS to 1 -1
Limits of Tax Map No. 7230101
Tbis concept is intended to depict the oeneral arranpernect of
anticipated uses end access to the site. Uses and site layout are to be
determined. This plan 15 not being proffered as a condition of rezoning.
Ind urtea 11,ervlce access from Blue Hilt, Dive.
P paved street vdll be attended from the current
paved terrilielis within an existing right -of -way.
The extended street will include pedestezn
eaommodatmns.
Ceneral public amass from Mason Mill Road
j i r..nm1
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AFFIDAVIT
APPLICANT: Kermit Hale
City of Roanoke
LOCATION: 2002 Blue Hills Drive, N.E.
Tax No. 7230101
REQUEST: Rezoning
COMMONWEALTH OF VIRGINIA )
) TO -WIT:
CITY OF ROANOKE
The aff ant, 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 afOdavlt of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (3950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first -class mail this Lq day of UGC D�2 . 2016, notices of a
public hearing to be held on this 14
day of / `� 4�'�'m�� 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
DARRYL W. CHILDRESS
NOTARY PUBLIC
COMMONWEADHOFWRGIMA
REGISTRATION •7 6165
MY COMMISSION EXPIRES
Tina M. Carr
SUBSCRIBED AND SWORN to before me, a Notary Public, in the Clty of Roanoke, Virginia, this
1Y day of AIA o/ . 2016.
otaryP Ic
List of Adjoining Property Owners for 2202 Blue Hills Drive, N.E
TAXID
MailAddress
MailCity
MailState
MailZip
Ownerl Owner2
3240306
PO BOX 1451
ROANOKE
VA
24007
CITY OF ROANOKE
3240309
PO BOX 1451
ROANOKE
VA
24007
CITY OF ROANOKE
3240402
1929 JOUNDA DR
COLUMBUS
IN
47203
COMBS OS
7170101
6539 FAIRWAY VIEW TRL
ROANOKE
VA
24018
GIANNI JAIME L GIANNI ANGELO R
7170107
2415 MASON MILL RD NE
ROANOKE
VA
24012
BRYANT KATHERINE POOLE
7170108
2548 MANNING RD NE
ROANOKE
VA
24012 -5602
MAY VICKIE H
7170316
3625 RIDGEWOOD LN
ROANOKE
VA
24014
DOUTHAT A WADE III TRUST
7170317
7640 OLD DOMINION DR APT 27
ROANOKE
VA
24019
HENRY TERESAA
7170318
7640 OLD DOMINION DR APT 27
ROANOKE
VA
24019
HENRY TERESAA
7170319
297 OLD YORK RD
BRIDGEWATER
NJ
08807
BURDEN ERIC & CIALDELIA'
7170320
297 OLD YORK RD -
BRIDGEWATER
NJ
08807
BURDEN ERIC &CIALDELLA'
7170321
3221 RICHARD AVE NE
ROANOKE
VA
24012
FRANKLIN LARRY BEVERLY
7170322
PO BOX 986
ABINGDON
VA
24210
SMITH CLEM ENT A
7170323
863 E FINCASTLE ST
NORTH TAZEWELL
VA
24630
BOYD VIRGIL E
7170324
1761 BAY OAK CIR
VERO BEACH
FL
32963
HUSSAMY SAMIR
7170325
2215 MASON MILL RD NE
ROANOKE
VA
24012
CLEMENT STEVEN CALVIN
7170326
2219 MASON MILL RD NE
ROANOKE
VA
24012
HUTCHENS JOSEPH R
7170501
2300 MASON MILL RD NE
ROANOKE
VA
24012
ARTHUR ROBERT D & JOY 1
7170502
2310 MASON MILL RD NE
ROANOKE
VA
24012
CALLAHAN ROBERT MICHAE
7170503
2310 MASON MILL RD NE
ROANOKE
VA
24012
CALLAHAN ROBERT MICHAE
7170504
2402 MASON MILL RD NE
ROANOKE
VA
24012
MINNICK LOUIE CRAIG & CIS
7170505
2402 MASON MILL RD NE
ROANOKE
VA
24012
MINNICK LOUIE CRAIG & CIP
7170507
2426 MASON MILL RD NE
ROANOKE
VA
24012
MILLER NORRISG
7170509
2410 MASON MILL RD NE
ROANOKE
VA
24012
BEVERLY RICHARD E
7180211
4235 ELECTRIC RD
ROANOKE
VA
24018
GRAND PIANO & FURNITURI
7220102
401 TINKER CREEK LN
ROANOKE
VA
24019
WILSON EDWIN M TRUSTEE
7230101
3000 MASON MILL RD NE
ROANOKE
VA
24012
CITY OF ROANOKE VA
7230104
215 CHURCH AVE SW
ODODO
CITY OF ROANOKE
7230105
1800E POINTE DR
COLUMBIA
MO
65201
SEMCO DUCT AND ACOUSTI
7230108
1319 GRANDIN RD SW
ROANOKE
VA
24015
ROANOKE COOPERATIVE AS
GAP
The Roanoke Times
Roanoke, Virginia
Affidavit at Publication
C"OFROANCKE PDV
Alm Tina M Can
215 CHURCH AVL
ROOM 165
ROANOKF VA24011
Account Numbr
6011439
Dab
November 66, 2016
Dab. Caeggry Deeolplor An 6a+ Tohl CUS1
1111N201a Legal DSplay Ad; PUBLIC HEARING NOTICL Allpublcheanmsadvitsedhel IA2aL 56064a
RECEIVED
Publisher of the
Roanoke Times
NOV 112016
1, (the undenignedl an authorized representative of the
CITY OF ROANOKE
Roanoke Times, a daily newspaper published In Roanoke, in the
PLANNING BUILDING A
State of Virginia, do certify that the annexed notice PUBUC
DEVELOPMENT
HFARINO NOTICE Awas published in said newspapers on the
following dales:
11101 11W201E
The First inserter, being given ... 1 V011201E
Newspaper reference: 0000521308
(ling Representatl €
Sworn to and subscribed babm me ihu Tuesday, November a, 2016
Notary Pt le 1pL1E
�� P. Mbiiiv F
State of Virginia
MYCom CitylCounty
is ioRoanoke &704°023
■■ ,I� )049az3
My Commission expire U �9 MvG��M iLYaARES
ti•1lOI�II 0N C
", OrFlRY PUO�\,
THIS IS NOT A BILL PLEASE PAY FROM INVOICE, THANK YOU
All urbile hearings mA l .ed herein
will be Wit In the City Cwrra l
Chamdm, my* film Ram 150. Noel
C Yaymr wheaved quilding. 2L`
Chum Ayemee. S.W. Roanoke.
Orylth. All Y'Reatiom at, proposed
•nerdmenlsarewalla rfor"Anus In
the mmNnp. a.ft,, 8ly,do ent
olfim, Ram 1%. 313 Church Avewn,
SIN�Rural 0,90.
The City of Real plamlm
Cmpre ssion wdl MId a public pearl,
on Novmbo 14.3016 H 130 p. m., or
As we as the maneru may be heard.
m mc'mr, mse a I'Miam, at,
rumored anon cots to Chapter 3e. 1,
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pea, pNlwue easier to uve holy
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mvlve mummer or may, u'
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reylabOm,and3abll pbmitted
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font G9e of an mi*h, meh am that m,
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mechmcnl edsm arm A mda l
use, the dePM shall b meimed from
the noel to the front tmer, me
2 Sec 302-10, Du table for
residential dstdels, to and 'Da, can
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3. Sec 30 -312. mmensomlr
legulauom for cul emw districts, to
eliminale SHIR, Me II3 Funs yaN
instruments for Will devekplcem is
the RMp GSbid:
4. Sid, 362311, hunt yaM OmMilans
fee infill dmNopmeM In pmyNe mat
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6 Sec 3G 2316, ninon mn+
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so the
M %elemin ircts, mpicipa t
2 Sec IV US. pedenno a cry , to
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mvmmislich:
8 Sec. M2319, Muddle; placement
and IataEe tensmenry standards for
multiple ofose disco. Is. to'eyn,
he the I uked Reason of A prove
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maim floating a specul mceptlen
asalnalllmusiundbbelr,
Ip. Sec M3321, Usr tape br pW I-d
nth deMlopnw 1 bdrkar a uir,
AninMl IWso or , as rakad
uuldam pens as a pNmlllld
,, N, OlR ,a,. Wa loamy ^IF
.rage bu al as a parmlltN firs In
dm M%RA asbkt.
Conditions and !lore IimilbW s as USA 5
no'"n ed by ,pecul as earn. In
namwaeaoe,oklishokuirecoli r
elevatian of new Consrrvaboe m. or
wbstanrial malb."mentn of
residential slruttures In speoll flow
arad Ras, to staak d
rst,pumenls for elevation or flood
proofing Ion new e0n51Ntli no of or
sobstayal Improvements N. n
residential Tlason, In Swat 9Wd
hared areas'. to establish
i
NS remems Ip mm" aM to
permitappliCaworaoresawslaWnto
M Sec. 361315, re,er and Clerk
Gordis Overby d5bd,, to add
pmaa sums as pemultrd WNe
moM+:
16el 361316 GmlxeRmive 5gI
MMay DrAml.10 alb. in, di t0
be mapMd III residential
N.wf.ily 'asters and to make
applicable requirements tea
G Prpkrmve sign ovedaal olunc,
ated to mmintpm dgn ate a. sign
,
hegla, sign Ilk and Sian
IN. tenurial to bedeR,mraed by IN
aaaplion ofsuahorenay enact
K 5w. 361406 Cat wall. to add
limp apbq upWremcm br ma
urine, froeage 01 a 4r Waskl
11 Sea, M.2 M Day are a-d—.
a1Wd t delete Ine lsoul —e-,1 mat an
OutmOr play area be baaRa on b
ram bl as tors 11ar Mas c,mtc t
milk tire Rquirement Iha, a War ar ^.a
de IMtled In Closer to the linnet the^
th lap- building ucupl =d M die or,
emer; nal 10 aster me
proRp'mn of pm „ulna a Ina
repuir'- to cross ag of a .Ihkula,
right mway
16 Sec. 36.2411. CaoHns llIIIIN le
am bna:aaginlg n',,, -lams la me
site l 1. aw of a pas Iw station in
tleW CL 1.1, Cx am p0la,dcls.
17 Sak 6Uk1 Wn wr hpma,. to
-” spearing. land, app, layout.
R`gnA bpN Iterabod aM alesr
slaI11L ids as toy apply to mini
warenoasea
Ils Sac 35.2 Cn. iemperary uses, and
gablaa29i. renppraryuses, to R51n[1
on aM pulled be maMmum mralun
f pawl, a is Nkpkl from lonbp Wericar
m�l mtupllmsuchuseswluolwy
an interval of at Mast No moRb .
of.. rose.. kitWn a Whollar
Mr.
19. 36.2544 ZM.rlp alwWdneMS, In
slurry that an appl eatlan bar a ud.f,
amendment snap ,elan paylrent d a
fee as efbblished by Cry (a, fine an
I'll ire emlaml.n:
M Sep. Jfi1a22 {e), 2aempt mlaoor
gnation lullily u Sports stadium
Minp, 2a =l re f +ellses to elor
eetisns al Ne pra lq comer dal
RgulMe lush e.omp 411
21. See. 361643. liullerip and
scrievrong. b reyire the WXerl9 and
Reniag matenals be bglM In swan
way m to ,matt tic visual impact of
a use or uninti, Imm aaaWnl
Works and alreets:
23. see. 3QkM, Faang
lands aping. 1. aruw Inver rock aria
gm.. weer are Nal planting
areas ale to sae[afy Ioaspans for
plena, plaiting R b union m
orsm padre, apace[:
2e. rape M91. Sulkag, Sir, —g.
and"Idsupingmaknal;,eW an8
f Wl maaimom spacing raWlremee or
I,,,,. Irks'.
25, Sec, 361151. Appliaawl.e. to
[Ian s that rMetilive parking In a III
Sias ureapeknaseaperareareaultln0
annulled sal star COmIWte
IMllong area Nat apY oral mean
aertab egSW Clbn alaMark,
M. 2abb 6522, Inkayned Raking
Spaces. la establish a I "S., per I S
uIf. as, bey rand a I spare per 425
automata [once bar as seas fall
Weight rig the Rime, repriNoul Sir
T. Sec M.l.W, U.S.. "hard,
,aw Sec Al W, Par lap and Initial
AM standards. to Clardy, a relenemv. 10
A nand de Daymlenl Sent.
1R Sao. Awed, Xoneonf rrmin9 use,
to allow IM eaptim an 01 moapiaed
•y, •, 01 a ;laqure mntalmllg A
Inicoidoming ace, whore 'Mark
wn[ynbrmdy k dM k Bn numlel 01
dweld, units .1 re "'Colin use
a9. S, 361109, Contain use deemed
lot nplrmrbrMnp, to albw:a its In
el old. at the time of AMww, entd
the dmbp Air b be CanadertN
Ml Iaaimdpemky uses. If ,mh Pse
.in Im re A Small or ,91.
PMmii II they wRe Mw"i
Agee] 11. Sbwers and dnhm, to
Dredge for AS mkrma l: the tee
umpemium b An 00r.tM for a
mo0licalbn by the t.San
admnistr.A.15t503:
31. kpprof A odmRmns. 1. pnnythe
IPr . debts OnA nI MY .1 hmeR
.sent mObikI m.14" Pemga0le
a¢emmt system Mar nark Sets
stoape bW11ng11e16Varage facility
amid to. r¢mal; died Mystery RueM
10 alrlMd the hOndMS of dy Ory
battles fir and kmhf day hi aM
to of let, We definition of Mini
MattMlie: And
u. Append. 8. Submittal
r�Q tior of , twes n oil Indian ta-
derbMmnt plan or mmprtbe.11,
d¢.: hydrated plan insured to be
wdaaddi lee rexew to pyWk br
delineated. .l IM1e hMlowent
eslaWSned front yard as delerrnand
woject 10 Adds itof.. e A ti
hvebpment $an. aM In Tandy a
Intel' a to A Iermaa0b Pavomont
"Weer.
8. tenanted amm
ements In (Main,
s , 5u1ddmrsiena. of my Code of tar
City of RodMke. (1919), as amerced
33 add Sec 31,1.m3. Additional
"I"Ar"lenls for subdaours. in [nr:
flonapkln or riparian III diced, Ic
oMside Sina its petmning I,.
estaMkbnmt 11 sWdhhsmns
Ikoapliin o darean bafler area, In
Irdae flood damage and e+Dosun,
ro BOO. Mtarns
M See, 11 Ii W. Reainw lee:. to treat
a reMeme to the Tee Compenden, of
the Gry of Sydney, his fees A
conne[aoneeiMMILAmpbnre.¢w.
'rebriroryksobet, an Ise Dana Iin
require delineator m condin flood
area to cemin Plans wMrktt", bit
apparl aM In identify seoar,td,
parkk0 areas am shlaraes ar Items
reylnM do ad dyem on a site plan,
and
,I. Appeni B. 64, ah"i ircmenls far
tral ubdiwppn Ste Plan, f retain
00 ... via. 01 special Road media
areas ally Romways a the
dimensional layout plan, A,,eM asn
dmieeat p..I Plan, :hrdwasm,
mmagement pkn, utilltie plan am
slreelplM.
C ProVOSm alrcmmenls to the For
Compemkm of had City 01 Ramada,
1.11 b the autlmnry, SM fydh in
SlOnn 151338616) am Sectbnl S.3
2241(9) an tan fade of gifliden (19301.
asamemed
11 Repeal the eustN fee scMdrk tut
re[omlas andesrtaWiSh 411.000 ke for
andeandrodents In Me Antional, map,
hiddy, p Try.. Mtonlnps and
anirnM1OentsloptoHetmcwbltions
y. aaddid M1 A Sy50 be by A And,
andlRCalrm;am
3.1Slablithak oIS1501.1d iewma
solMr subUlwS n pbl, establish a Ie, or a
of A olf attenuation bgah a leeaof 3220. Plun
130 per lot, br A road, sumi ..... . Plat.
and .19son aye M laid. Pa. its per
e or pans.. IliI M a
subdlwsion site pant
Ire wdlnance. Woptirl9 the
amendments dea ribed Move shall b
thecl6'e upon ad0pnon by the City
Cwneil br CIA Dry of ROarent.
TM, PmP%W saysionstatiet
reddale br resew 1. de Department
Flaming, Building, am
DeyelPomem, R.. 10 Ron C. Taylor
Municipal Banking , and band, at
hit 1 /IOan.it,,. go.i Plannl.91
ranrvisshon
TIM M. Carp se[retar, City Plarinhg
CdnmtaLOn
City Cwneif will hold a publr hearing
pn rte aforesaM applications and
rop im amendMm on Mpyemcer
r "'Ik m. suer at 3:00 p or as as tan
matseri may be loan.
My war, in a di,dyfil, wsunn9
any "1 aanmmonmiwi to admit
or palec,sate n the headings snood
mnlad IM1e City Clerk" yalre al (IIAO,
,,I dial at Way n.e ears or nr In V,,
r;neduled Iniantq.
sltphored M. Mom Seldom, MAIL.
cty CRd
(a3I1®)
IV
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 and proposed amendments are available for review in the Planning, Building, &
Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on November 14, 2016,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and proposed
amendments to Chapter 36.2, Zonine, Chapter 31.1, Subdivisions, and the Fee Compendium of
the City:
I. Applications
A. Application by Ivy View, LLC, to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as it pertains to the properties
located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. The conditions
proposed for repeal, adopted through enactment of Ordinance No. 40062 - 091514, require
three (3) new entrances with a divider median and restricted traffic flows; require
architectural compatibility of all buildings on the site through materials and style; restrict the
height of buildings; require transparency, primary entrances, and articulation to prevent blank
walls on building facades facing Franklin Road; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels for puking
and drives to be eight foot candles or less; require certain parking lot lighting design; require
proffered conditions to bind any portion of parcels subdivided or re- combined; and limiting
the use of the property to use of the properties for a financial institution; office, general or
professional; business service establishment, not otherwise listed; medical clinic; mixed use
building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
entertainment establishment, not abutting a residential district; health and fitness center;
meeting hall; parking, off -site; and dwelling, multifamily. The application is to permit use of
the properties subject to the application to those uses previously proffered and accepted by
the adoption of Ordinance No. 40062 - 091514, on September 15, 2014. The land use
categories permitted in the INPUD District include residential; accommodations and group
living; commercial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with a maximum density of own
dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the
property for light industrial and general commercial use, but does not specify density. The
proposed use of the property is retail sales establishment.
B. Application by the City of Roanoke to rezone and repeal all conditions proffered as part of a
previous rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax
Map No. 7230101, from 1 -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to 1 -1, Light Industrial District. The conditions to be repealed
include one related to the sale of the property, which is no longer needed because the City of
Roanoke purchased the property, and one related to the imposition of restrictive covenants,
which is no longer needed because the restrictive covenants were imposed by the recording
of a document entitled, `Deed of Restriction Addition to the Roanoke Center for Industry and
Technology," dated April 2, 1992. The land use categories permitted in 1 -1 include
commercial; industrial; warehousing and distribution; assembly and entertainment; public,
institutional and community facilities; transportation; utility; agricultural; and accessory, with
a maximum floor area ratio of 2.0. The comprehensive plan designates the property for light
industrial and recreation /open space, but does not specify density. The proposed use of the
property is beverage manufacturing and ancillary uses.
11. Proposed Amendments
A. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979),
as amended, by amending and reordaining, adding or deleting the following code sections to
update, clarify and make the City's zoning ordinance easier to use for its citizens, and to
make the City's zoning ordinance consistent with state code, such amendments not
constituting a comprehensive rezoning or change of any densities that would decrease
permitted density in any district, unless otherwise noted:
I. Sec. 36.2 -205, Dimensional regulations, and Table 205 -1, Permitted Yard
Encroachments, to clarify that the depth of a front yard is to be measured from the front
of the building or the front line of an existing porch, and that whenever a handicap ramp
or other encroachment exists with a residential use, the depth shall be measured from the
street to the front building line;
2. Sec. 36.2 -311, Use table for residential districts, to add "Day care home, adult" as a
special exception use in all residential districts;
3. Sec. 36.2 -312, Dimensional regulations for residential districts, to eliminate Section 36.2-
313 front yard requirements for infill development in the RMF district;
4. Sec. 36.2 -313, Front vard dimensions for infill development, to provide that for infill
development, the minimum front yard shall be the depth of the most shallow front yard
and the maximum front yard shall be the average between the most shallow and deepest
established front yards, in cases where the most shallow established front yard is deeper
than a district's maximum front yard;
5. Sec. 36.2 -315, Use table for multiple purpose districts, to add Short -term rental as a
permitted use in the CN, CG, CLS, D, and OF districts; to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a special exception use in the CN, CG,, CLS, D
and OF districts; to add Kennel, outdoor pens or runs, as a special exception use in the
CG, CLS and OF districts; to add Self- storage building as a special exception use in the
CG, CLS, D districts and as a permitted use in the OF district; to add Eating
establishment, Eating and drinking establishment, not abutting a residential district, and
Eating and drinking establishment, abutting a residential district, as special exception
uses in the MX district; to add Meeting hall, abutting a residential district, as a special
exception use in the CN, CG, CLS, D, and OF districts, and as a permitted use in the IN
and ROS districts; to add Meeting hall, not abutting a residential district, as a permitted
use in the CN, CG, CLS, D, IN, ROS, and OF districts; to add Day care home, adult, as a
special exception use in the MX, CN, D and OF districts, and to add Supply pantry as a
permitted use in the CN, CLS, D, and OF districts;
6. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to apply Section
36.2 -318 pedestrian access requirements to the MX and D districts;
7. Sec. 36.2 -318, Pedestrian access, to clarify a reference to a permeable pavement system;
8. Sec. 36.2 -319, Building placement and facade transparency standards for multiple
pumose districts, to provide that the required location of a primary entrance in multiple
purpose districts be between the minimum and maximum front yard lines;
9. Sec. 36.2 -322, Use table for industrial districts, to add Kennel, outdoor pens or runs, as a
special exception use in the I -1 district, to delete the Mini- warehouse use; to add Self -
storage building and Self- storage facility as permitted uses in all industrial districts; and
to make Outdoor recreation facility lighting or sports stadium lighting a special exception
use in all industrial districts;
10. Sec. 36.2 -327, Use table for planned unit development districts, to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a permitted use in the IPUD District, and to add
Self- storage building as a permitted use in the MXPUD district;
11. Section 36.2 -333, F000dplain Overlav District, to repeal the existing section and to adopt
new regulations required for local compliance with the Code of Virginia, (1950), as
amended, and regulations of the Virginia Department of Conservation and Recreation, to
set forth and provide for the purpose and applicability of the floodplain regulations; to
establish penalties for violations of such regulations; to define terms used in the section;
to designate the Zoning Administrator as the administrator of the floodplain overlay
district regulations and to enumerate the duties of the Zoning Administrator in connection
with administering the code section; to provide for the interpretation of, and changes to,
flood insurance rate maps and administration of amendments thereto; to establish a
floodplain overlay district and flood zones and special flood hazard areas within the
overlay district, to include noodways, A zones, AO zones, Al -30 zones, AE zones, and
AH zones, such zones defining flood elevations based on a certain percentage annual
chance of flooding, or have been approximated or identified as areas of shallow flooding;
to prohibit encroachments in the floodway such as fill, new construction, substantial
improvements, or other development unless it is demonstrated that the proposed
encroachment will not increase flood levels in the community; to identify agricultural
operations, public and private recreational uses, botanical gardens, and accessory
residential uses as permitted uses in a floodway; to identify certain accessory structures,
utility distribution, sewage or water treatment facilities, quarry and mining operations,
storage of certain materials, and placement or storage of a recreational vehicle under
certain conditions and time limitations as uses permitted by special exception in a
floodway; to establish requirements for elevation of new construction of, or substantial
improvements of, residential structures in special flood hazard areas; to establish
requirements for elevation or flood - proofing for new construction of, or substantial
improvements to, non - residential structures in special flood hazard areas; to establish
requirements for permits, and to permit applications for construction; to establish general
standards for new construction and substantial improvements, such as compliance with
the Virginia Uniform Statewide Building Code, anchoring of structures, use of flood
damage resistant materials and utility equipment, use of methods and practices to
minimize flood damage, location of electrical, heating, ventilation, plumbing, air
conditioning equipment to prevent flood waters from entering or accumulating in such
equipment, design of water supply, sanitary sewage, and on -site waste disposal systems
to minimize or eliminate infiltration of flood waters, to require a permit and provide for
notice to affected jurisdictions when a watercourse or channel is altered or relocated, and
to require that the flood carrying capacity within an altered or relocated portion of a
watercourse be maintained; to establish requirements for elevation or flood - proofing of
new construction, or substantial improvements to, two (2) feet above base flood
elevation; to establish standards for use and design for spaces below the lowest floor of a
structure; to establish standards for manufactured homes and recreational vehicles; to
establish regulations for existing structures and historic structures and exceptions to such
regulations; and to establish a process and standards for variances issued by the Roanoke
City Board of Zoning Appeals from the regulations;
12. Sec. 36.2 -335, River and Creek Corridors Overlay District, to add private streets as
permitted buffer impacts;
13. Sec. 36.2 -336, Comprehensive Sign Overlay District, to allow the district to be mapped
over a residential multifamily district and to make applicable requirements in the
Comprehensive Sign Overlay District related to maximum sign area, sign height, sign
types, and sign characteristics to be determined by the adoption of such overlay district;
14. Sec. 36.2 -406, Car wash, to add landscaping requirements for the street frontage of a car
wash;
15. Sec. 36.2 -408, Day care centers child, to delete the requirement that an outdoor play area
be located on the same lot as the day care center; to delete the requirement that a play
area be located no closer to the street than the main building occupied by the day care
center; and to delete the prohibition of pedestrian access that requires the crossing of a
vehicular right-of -way;
16. See. 362 -411, Gasoline stations, to add landscaping requirements for the street frontage
of a gasoline station in the CG, CL,S,1 -L, CN and D Districts;
17. Sec. 36.2 -415, Mini- warehouses, to delete screening, landscaping, layout, height, bulk
standards and other standards as they apply to mini- warehouses;
18. Sec. 36.2 -429, Temporary uses, and Table 429 -1, Temporary uses, to restrict in any
district the maximum duration of public events exempt from zoning permit requirements
to two calendar days and to limit such uses to two, with an interval of at least three
months between events, within a calendar year;
19.36.2 -540, Zoning amendments, to clarify that an application for a zoning amendment
shall require payment of a fee as established by City Council in the City's fee
compendium;
20. See, 36.2- 622(e), Exempt outdoor recreation facility or Sports stadium lighting, to correct
references to other sections of the zoning ordinance that regulate such exempt lighting;
21. Sec. 36.2 -647, Buffering and screening, to require that buffering and screening materials
be located in such a way as to reduce the visual impact of a use or activity from adjacent
properties and streets;
22. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to require buffering
for a wall with less than 15% transparency between the wall and any MXPUD district
and to delete such requirements from the Multiple Purpose districts and the INPUD and
IPUD districts; to require the location of a screen for outdoor commercial or industrial
processes outside a wholly enclosed building to be located within 15 feet of a property
line; to require perimeter screening for ground- mounted mechanical equipment more than
36" in height; to require certain perimeter screening or plantings around ground - mounted
mechanical equipment up to 36" in height to delete screening requirements for Mini -
warehouse; to require buffering for an Outdoor sports facility; and to require screening of
a Self- storage facility;
23. Sec. 36.2 -648, Parking area landscaping, to allow river rock as a ground cover for interior
planting areas; and to specify locations for interior planting areas in relation to rows of
parking spaces;
24. Table 649 -1, Buffering. Screening and Landscaping Materials, to add an 8 -foot
maximum spacing requirement for evergreen trees;
25. Sec. 36.2 -651, Applicability, to clarify that repetitive parking in a turf grass area or
landscaped area resulting in denuded soil shall constitute a parking area that does not
meet certain construction standards;
26. Table 652 -2, Required Parking Spaces, to establish a 1 space per 1.5 self - service bay and
a I space per 0.25 automated service bay as units for calculating the parking requirement
for a car wash;
27. Sec. 36.2 -653, Maximum parking, and Sec. 36.2 -654, Parking and loading area standards,
to clarify a reference to a permeable pavement system.
28. Sec. 36.2 -705, Nonconforming uses, to allow the expansion of unoccupied spaces of a
structure containing a nonconforming use, where such nonconformity is due to the
number of dwelling units or residential use designation;
29. Sec. 36.2 -709, Certain uses deemed not nonconforming, to allow uses in existence at the
time of amendment of the zoning ordinance to be considered not nonconforming uses, if
such uses would require a special exception permit if they were new uses;
30. Sec. 36.2 -841, Powers and duties, to provide for a reference to the fee compendium for
an application for a modification by the zoning administrator ($250);
31. Appendix A, Definitions, to provide for new definitions of Day care home, adult; mobile
food vending; Permeable pavement system; River rock; Self- storage building; Self -
storage facility; Short-tern rental; and transient guest; to amend the definitions of Day
care home, child, and family day home; and to delete the definition of Mini - warehouse;
and
32. Appendix B, Submittal requirements, to amend the form and number of copies of a basic
development plan or comprehensive development plan required to be submitted for
review, to provide for delineation of the shallowest established front yard as determined
by Sec. 36.2 -313, if a development is subject to such section, on a basic development
plan, and to clarify a reference to a permeable pavement system.
B. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke,
(1979), as amended:
33. Add Sec. 31.1 -303, Additional requirements for subdivisions in the floodplain or riparian
buffer areas, to provide regulations pertaining to establishment of subdivisions in
floodplain or riparian buffer areas to minimize flood damage and exposure to flood
hazards;
34. Sec. 31.1 -604, Review fees, to create a reference to the Fee Compendium of the City of
Roanoke for fees in connection with plat and plan review;
35. Appendix B, B -2, Requirements for preliminary subdivision site plans, to require
delineation of certain flood areas in certain plans submitted for approval; and to identify
separately, parking areas and structures as items required to be shown on a site plan; and
36. Appendix B, B -4, Requirements for final subdivision site plan, to require delineation of
special flood hazard areas and floodways on the dimensional layout plan, erosion and
sediment control plan, stormwater management plan, utilities plan, and street plan.
C. Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the
authority set forth in Section 15.2- 2286(6) and Section 15.2- 2241(9) of the Code of Virginia
(1950), as amended:
I. Repeal the existing fee schedule for rezonings and establish a $1,000 fee for amendments
to the zoning map, including certain rezonings and amendments to proffered conditions;
2. Establish a $250 fee for a zoning modification; and
3. Establish a fee of S150 for review of a minor subdivision plat; establish a fee of $50 for
vacation of a plat or a portion of a plat; establish a fee of $220, plus $50 per lot, for a
major subdivision plat, and establish a fee of $500, plus $75 per acre or portion thereof,
for a subdivision site plan.
The ordinances adopting the amendments described above shall be effective upon adoption by
the City Council for the City of Roanoke.
The proposed amendments are available for review in the Department of Planning, Building, and
Development, Room 166, Noel C. Taylor Municipal Building, and online at
http:// roanokeva .gov /planningcoinmission.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid applications and proposed amendments
on November 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, November 1, 2016, and Tuesday, November 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(n_roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
0
October 28, 2016 CECELIA T. wens, CMC
Assistant Deputy Cite Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 14, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
the City of Roanoke to rezone and repeal all conditions proffered as part of a previous
rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax Map
No. 7230101, from 1 -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to 1 -1, Light Industrial District. (see copy of Public Hearing
Notice attached).
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday,
November 21, 2016 at 7:00 a.m., in the Council Chamber, pending formal action 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 party 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,
Y -n�
Stephanie M. Moon Re M
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C6nruh Avenue, S. W., Room 456
,?e "
Roanoke, Virginia 24011 -1536
Telephone (540)85 3-2541
Fnx: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MM(
E -nail: elerk(n{rnnnnk,e..,.e CEC'ELIAF.MC'COY
City Clerk
Deputy City Clerk
October 28, 2016 CECELIA T. wens, CMC
Assistant Deputy Cite Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 14, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
the City of Roanoke to rezone and repeal all conditions proffered as part of a previous
rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax Map
No. 7230101, from 1 -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to 1 -1, Light Industrial District. (see copy of Public Hearing
Notice attached).
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday,
November 21, 2016 at 7:00 a.m., in the Council Chamber, pending formal action 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 party 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,
Y -n�
Stephanie M. Moon Re M
City Clerk
Enclosure
Interested Party and /or Adjoining Property Owners
October 28, 2016
Page 2
D. S. Combs, 1929 Jolinda Drive, Columbus, Indiana 47203
Jaime L. Gianni, 6539 Fairway View Trail, S. W., Roanoke, Virginia 24018
Katherine Poole Bryant, 2415 Mason Mill Road, N. E., Roanoke, Virginia 24012
Vickie H. May, 2548 Manning Road, N. E., Roanoke, Virginia 24012 -5602
A. Wade Douthat, III, Trustee, 3625 Ridgewood Lane, S. W. Roanoke, Virginia
24014
Teresa A. Henry, 7640 Old Dominion Drive, Apartment 27, Roanoke, Virginia
24019
Eric and Cialdella Theresa Burden, 297 Old York Road, Bridgewater, New Jersey
08807
Larry Beverly Franklin, 3221 Richard Avenue, N. E., Roanoke, Virginia 24012
Clement A. Smith, P. O. Box 986, Abingdon, Virginia 24210
Virgil E. Boyd, 863 E. Fincastle Street, North Tazewell, Virginia 24630
Samir Hussamy, 1761 Bay Oak Circle, Vero Beach, Florida 32963
Steven Calvin Clement, 2215 Mason Mill Road, N. E., Roanoke, Virginia 24012
Joseph R. Hutchens, 2219 Mason Mill Road, N. E., Roanoke, Virginia 24012
Robert D. and Joy J. Arthur, 2300 Mason Mill Road, N. E., Roanoke, Virginia
24012
Robert Michael and Debbie Callahan, 2310 Mason Mill Road, N. E., Roanoke,
Virginia 24012
Louie Craig and Cindy S. Minnick, 2402 Mason Mill Road, N. E., Roanoke,
Virginia 24012
Norris G. Miller, 2426 Mason Mill Road, N. E., Roanoke, Virginia 24012
Richard E. Beverly, 2410 Mason Mill Road, N. E., Roanoke, Virginia 24012
Grand Piano & Furniture Co., Inc., 4235 Electric Road, Roanoke, Virginia 24018
Edwin M. and June M. Wilson, Trustee, 401 Tinker Creek Lane, Roanoke,
Virginia 24019
Semco Duct and Acoustical Products, Inc., 1800 East Point Drive, Columbia,
Missouri 65201
Roanoke Cooperative Association, Ltd., 1319 Grandin Road, S. W., Roanoke,
Virginia 24015
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W, Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fux: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E-mail: clerkn@roanokeva.gov CECELIA F. MCCOY
City Clerk Deputy City Clerk
CECELIA T. WEBB, CIVIC
Assislunt Deputy City Clerk
November 22, 2016
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
A public hearing was conducted by the Council of the City of Roanoke at its regular
meeting held on Monday, November 21, 2016, on a request of the City of Roanoke
Planning Commission to amend Chapter 36.2, Zoning, Code of the City of Roanoke,
(1979), as amended, to update the Zoning Ordinance.
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the next regular meeting of City Council scheduled to be held on Monday,
December 5, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the Council Chamber.
Since/r�ely,,
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Barbara A. Dameron, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director, Real Estate Valuation
Bob Clement, Neighborhood Services Coordinator
Tina Carr, Secretary, City Planning Commission
The Roanoke Times Account Number
Roanoke, Virginia 6011439
Affidavit of Publication
Date
November 08, 2016
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE.. VA 24611
Date Category Description Ad Size Total Cast
11114/2016 Legal Display Ads PUBLIC HEARING NOTICE AIpublicheanngsadvertisedho, 1x629L 5.80648
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:
11101 111062016
The First insertion being given ... 11/0112016
-Newspaper reference: 0000421308 '
`
v
Bi ing Repress It five
Sworn to add subscribed before me this Tuesday, November 8, 2016
Notary P is
State of Virginia
City/County of Roanoke
My Commission expires
Tj.
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
multifamily The application I5 10
Permit lee of Ue pm ......Put to
whenever ., handicap ramp or morn
Um apeagren to IAese uses
encroachment exists w to A m,i,,mAl
PUBLIC HEARING NOTICE
b
previouslyfon of tll Ann
use, the depth shall be meaewed from
he scorpion O na l OTld
the streat to the front holding lone:
an September I5, 1014 The
-
Ianit us catag0des Permitted is Me
i sea 163 -311, use table far
All poor, hearings advertised humor
INFUD Dlslhd Indutla residential,
aligmmnt districts, to atld "Day cam
will In both In the City Council
aO.mm.dationS and group living
home, adult "asa special exception
ChamM1eq fourth flay. ROOM 450, Noel
c mmemlal', assembly and
use
In all lhoolor od aht'Sls;
C. ,aylor Municipal Building, 315
emorlsinment pubii0. institutional and
Church Avenue, S.W., Roanoke.
Community facilities: transportation;
3. SOC.36.2- 312.Dimensional
Vrgmia. An applications and pm0osod
andly; aicwmrm: and a ..... oryi
regulations for residential district,, lo
arc available for review in
with a maximum density l own
erminam section 36] 313 front Land
theerrlmems
Planning, Building.& Development
Overlap, unit per 1,800 square feet of
requirements for infill development in
oPAT Room 166 215 Church Avenue,
let area. The comprehensive plan
the RMf dogrick
S.w., RUanoke, Virginia.
designates the pmpeny for light
industrial antl general commercial use
4. Sec 36.2 313, Front yard TiermOr nz
The CRy Of Rnanrke Planning
but does not specify density. The
for pill development In p,.III, that
Commission will hold a public hearing
proposed use of the Properly i5 retail
for Irish tlevelppment the minimum
on November 14, 2016, at 1:30 p,m., or
sales establishment.
front yartl shall be the depth of the
As 500D as the matters may be heard
IS Application by the City of Raanokb
most shallow front yard antl the
to consldrr these Annulcations and
to rezo and repeal all Conditions
aximu front yard shall be the
Proposed amendments to Chapter 36.2
pmfleradr a5 part of A previous
average between the most shallow and
sound, Chapler3Ll. Subdivisions, and
rezoning on property IaCa1M at E003
deepest established Iront in
@u Fee COmpontllum of the city:
Blue pull Drive, N.E. bearing official
yartls,
Cases where the most shallow
Tax Map No 7231101, from 41, hig,I
established front wad is dl than A
I. Applications
Industrial District, with condition, and
dislrid'p maximum front yard;
LOS, Recreation and Open Spam
A. Application by Ivy View, LUC, 11
Distinct. to 1 -1, Light holudeal District
S Sec. 36 315, Use table for multiple
"peal all mntlilions proffered as part
The conditions to be repeated include
Purpose n1finst, to add Shelf term
ofd previous remain, antl amend the
age related to the sale of the property,
rental as a Permitted use In the CN, TO
banned Uml Development Plan as it
which is no longer needed because the
CLS, O, and OF districts; to add Animal
engines to the Propliies located At
City of Roanoke Purchased the
hospital or veterinary clinic, oultloor
2207 2203,0,2219.04vo lLl Franklin
Property, antl oae Placed to the
plus or Pons, asA spacial exception use
Road S.W., bearing Official Tax Nos
imposition of restrictive Covenants,
in the CN, CC, CLS, D and OF direct,
1150102 II501W, 1150106, 115011P
which is no lOn9er",old because the
to add Rennek outdoor pens or Pons, as
11501[22. an' 1150113, respectively,
restrictive covenants were imposed by
a ,pedal exception use in the CO. HS
The condition, ,refused far repeal
the recordi0g pia document entitled
rCold
and OF districts; to atltl SelM1Smrage
adopted through enactment of
of Restriction Addition in the
bwidmg as A special exception use in
Ordinance N2. 40062 091514, regime,
Roanoke Center for Industry and
the CC. CLS, 0 districts And a5
thee (3)new entrances with a divider
Technology,- stated April 2, 1992- The
A
proportional use ache OF Tisch 'to atltl
median and restricted traffic flow,
land use categories permitted no b1
Eating establishment Eatlrg and
require areNtugmal Compatibility of
include commercial; adethap
ranking establishment, not abutting a
al buildings oa the site through
warehousing antl distributer,
reaitlenlial district, And hitting and
materials and style: restrict the height
assembly antl entertainni public
drinking establishment, abutting a
Of bmi logs: require transparency,
Institutional and community fadlltili
alloyntlal dii as special
primary entranw5, antl articulation to
banspOrtati2q fully; Agrimltural'. and
a tendon uses in the Mx district: lu
Prevent black walls on binding faced,,
a¢esiory, with a meximgm fine, a red
add Meeting hall, abutting A re5itlentlal
IaciOg Franklin Road; restrict the
ratio of 2mc The wmpreherove Plan
district, as a sPncial ercepton use m
l
L and location of
tleslgnales the property for light
the CIA CO. CLS D, and OF i lntls,
fir eesthrift signs, ground signs, add
industrial and recreatiral space,
and as a permittetl use in the IN antl
building signs, require illumination
but sloes not snarly tlensily. The
ROS district,; W atld Meeting hall, net
eveli for parking and drives to be eight
Proposed use f the properly I5
abutting A residential distinct a
felt cahot" or Iessl cram e O rlain
beverage manufacturing and ancillary
permitter use In the ON, CO. CLS, Dt1N,
parking lot all design ; require
use,
LOS, and OF districts, to atld Day qre
proffered conditions to bind any
home, adult as a speed excedid, use
Portion of parcels spachyded or is
11 Proposed Amendments
in the M%. Cm B and UP dirtrRS. old In
,monarch and limiting the use Of the
add supply pantry as a permittetl us,
Property his use Of the Prplume for a
A. PrO,dand amendment, to Chapter
in the Co. Ct5, 0, antl OF district,:
Onandao institution: editor general or
36.2. Zoning, of the Carla Of the Can of
rofessional; business servic,
Roanoke, (1979), as amended by
6, Inc 36, 2316," Di me25io n al
establishment, not otherwise listed;
amending and reyraining, adding or
regulations for ulfiPle purpose
medical dlnic: mixM use building;
deleting the lellowing code section. to
mslrld5, W aPPIY Section 362 -318
III , (defaadondry, he similar food
update. ,lathy and make the Cory's
pedestrian access requirements 0 the
Production "list, general s
coming ordinance easier to use for Its
citizens,
Mx antl D district,
establishment 201 otherwise listed
and to make the City's melon
personal service establishment, not
ordinance consistent with state rotlp
7. Sec. 360318, Pntlesirian amen,..
Otherwise listed pet gmoming; retail
such amendments not coesbtuling a
Clarify a reference to a efor hie
sales establishment, not otherwise
comprehensive remoi or change of
Pavement system;
lilted: baling establishment: paling antl
any densities that would decrease
tlrinking establishment, net abulling a
2ermltled tlensily In any Misblot
6. Sec. 36.2319. Bulking placement
residential district eating and drinking
unless Pmerwise acted,
antl heady Iransparenry standard, lm
establishment. daraing a residentiul
multiple purpax tlistricl, to provide
distri0t enlerlainment effahlishiment
I- Sec. 31S2 205 Dim .... COAL
that The ren2lred location ofd primary
abutting a residential district
regoldrony and Table 2051, Prod iced
entrance in multiple Purpose d6hicts
entertainment enablIshment not
Yard Encroachment, to darlfy that the
N goo wee. in' um antl
minim
abutting a resYour, dm id: Aahalh
aro front garde to areas
maximum front aid lines;
antl illness renter, meeting hall:
foul h
from the front 21 the building
del , the
the
parking, o& site', am dwelling.
front line of an existing poaM1, antl that
d
9. Sec. 362d2L Use table for eusf
tli5lnds, to add Kennel, oultloor pens
d a,,
or etas, a
a special exception use In
me -1 ,Isla,,, t0 delete the Min,
,rehouse use to antl Sel45tnrage
bulling antl SelLSt all lludie az
permilts, use all Iopium.,
districts, NtleIonmake OW,opl
.online lighting lighting ex sports
stadium IiyM1ting a special exception
use in all industrial dlslritls:
ID. sec. 3633E E, Us¢ lame for plannm
unit development districts, to cold
Aromal entitled outdoor pro, or hung. a, A pargentt d
use u iothelPUD Datacl.an,loadd5ell-
smmge hulking as a permitted use In
the MXPUD islret
ire
amended,
Bud
of, old changes to flood
rate maps and
of amendments therein.
a liberation overlay
fl0oa zones and special
areas within the overlay
AO tone, AF ,g zO ties , nc tend,, ueu
AN lone: such zgn¢s draining liquid
elevatime, based an A certain
percentage annual chance of flmbrom.
or
have hoes approximates
identified prohibit car areasacsbmmw nInalthe
C pmmbn eaaml, Raw construction, in fire
IlamlwaysncM1 asfilt newhe other
suhstarove improvements. a other
that the 111demoeltaled
mat the ened flood encroa11, on Coal
not opened 'lob fy 's .I. me
opeue"L p Identify a9deprism,
rrenons, prone one private
read... done botanical garden,
antl a zmryp residential u
recruit u a noImme. m
id¢nyty ecdem nor ...ry structure,,
utility treatment factors pro,, Or water
tpremiu It faCllitieo ,, and mining
,premiums and Vlacement or sm ag rot
..equal vehicle under crrealn
foun di d, ana Ilme bmhatkons as n¢s
pmmiued by =prpal ....Phan h
nonel to nlatirrsb Compeer; tom
ovation of new mrtstru id, in, or
mbztandsl improvements of,
clod Wl sbuewrn 3n special flood
reu.., eior tioon
qmeet In, F a k
proohny for new mnslmrlkon of or
subsantial Improvements to nom
resisential sttuctores In spraal flood
reard a er to establish
requirement, for permits, and to
permit applications for 11eltmction. to
general nanaaras for
add s,b,t
set,. such as comp)
use
flood waters arum Forcuum I.
a¢nmuguing m such equipment.
resign
, add no atesuwa to disposal
systems t0 m r eliminate
nIIwater, Ze nm arts VPA
,,Fort of !loan ar
permit ana provide for notice to
inherent inherent Imkselctionz when a
,,In, nit a qt CM1annel is altered or
Carrying add m require a, gain d or
atrymg eapamey of r to course be
rmgrnted portion 9fa watercourse be
maintained
arde to establish requirements
for entimetinn or flood proofing of new
Ioprovemen, substantial
mprovements ro, two (E) art above
base Ilona elev t ation; 1g Began f r
saceards for use and desire art
spaces below the lowest floor of a
magnifier it homessantl ...regio nal
vehicles 10 establish regulations for
gauntlet zwngrez and huforlc
dreelpf" and exceph0ns to such
regulations; and to establish a Puri
and standards tar variances Irsed by
the Roanoke City Blood of Zoning
Appeals from the regulations_
IE. sec. 36.E -335, River and Drunk
Corridors Corday District, to add
private streets as permitted butter
pacts:
13. Sec 36.2 336, Dgmpreberekve Slgn
Overlay District, to allow the ,,:rind to
be mapped over a resident,,[
multifamily negborho And , to make
Dompredenslve Slyn O ... [A, (District
related to maximum sign are sign
height sign types, antl, sign
charachasfics to be determined by the
adlprol of such wormy distinct. add Car Icall, I, or,
,a Sec E
landscaping requirement, to, the
street forum, nl a car wash.
enh4 to delete the....... meet mad n,
outdoor play area be located on Ind
me lot as the day care ,enter '. ro
delete the requirement that A play area
be located no closer.. the street man
the main ding occupied by the dun.
fl
,u mbid ur of phis esman peers, that
requires me 11/55111 of a vehicular
right 0 way.
16 Sqc. 366 -011, G ... I'd, stairs',, to
add landog,e g requirements ter the
,heel frinmge of a gas0lloe stared in
the CC, CtS, 1 1. CN and o dinids
If Sec 362115, Abor warenanes, to
delete recording, landscaping, layout,
height, bulk standards antl Omer
standards as they apply m mini
wargbones
18, Sec. 36 .2429, Tem irmse uses, and
Table 419 .1, Temporary uses to restrilt
in any district the maximum duration
of public events exempt from zoning
permit quirements to two Calendar
days and to limit such uses to two. with
an Interval of at head three months
between events, within A calendar
year,
19. 36.3 -540, Zoning amendments, to
Garlly that am application fora zoning
amendment shall require payment of a
fee as established by City Council In
the City's fee Compendium:
30. Sec. 363622ped Exempt number
recreation facility or Sports stadium
lighting, to correct references to other
resigns of the xonmg ordinanre that
Dulle ,such exempt lighting,
31. Sec 36.3647, Buffering and
screening, to require that buffering and
nie, materials he located in such
wa m
y as to reduce the visual Impact of
a u activity from adjacent
properties And sheets
33. Table 6471. Buffering and
Screening of Certain Uses and
Activitles, to require buffering for a
wall with less than 15% transparency
appeaed the wall and any MXPUD
district ana to delete such
requirements from the Multiple
Purpose districts and the INPUD and
IPUD districts. to require the location of
a screen for uutaom commercial or
perimeter
mounted
than 36'
aro note`
d
to 36" in
33. Sec. 36.E 648, Parklny
e
lanarcammg, to allow rarer rack as
ground Cover for tehor planting
:armand to spedp locations for
or planting areas In Failure to
rows of mire, spaces'.
34. Table 6491, Buffering, Screening,
and landscaping Mstedals,to add an0-
foot maxlmum spacing requirement for
evergreen rare,
25. sec. 361 651, Applicability, to
clarify that reactive parking in A mtl
grass area Or landscape,, area resulting
in denuded soh shall constitute a
lurking area that does not meet
certain consfocus, standards
Ell. Table 652 Z RGEmretl Parking
Spaces, to establish a 1 space per 1.5
miff wrvh¢ bay antl A I space per 0.25
automated se MCA bay as units for
mlculating the parking .engineered for
lovwa.b
22. Sec. 362.653, Maximum parking,
anti Sec. 362 654, Parking and [coding
R oo I meatu m s clarify a Interco,, In
cmmage pavmomi ... test
28 5,e, 362 705 Noncunfgnning uses,
to allow the expansion of moccupinl
soapes of a itn¢ture center,,,, A
n cnomenon, 15 on, to the where f
non
dwellln i units or r0sdal u. e
nesigtmry
25 SeC 362709. Certain usus tl,umea
not nonconforming, t. allow uses in
xll ets, at the t'm, of amendment of
the zoning mdinanc, to be considered
nut nonconforming uses, if Inch uses
would require A special exception
permit it they were new use.:
30, See. 36.284), Powers and out,,,. in
provide for a Purr.... to the fee
compendium (or an application for A
modification by the zoning
Administrator (S250)
3L Appendix A, Definitions, to Pmvitic
for new definitions of Day care home .
adulp mobile food closings Permeable
pavement sylem; Trans rock: Self,
storage building; Sell -ito or lacility;
Short -term Imi and Insistent, guest:
m mend
a the dentitions of Day ,are
home, child. and family do, home) and
to delete the definition of Mini -
wamnam,and
32. Appendix 8. Submittal
requirements, to amend the farm and
number of ,.pies of A bask
development plan or comprehensive
developer plan required to be
submitted for re V1P w. m noome for
delineation of the shallowest
established front told as determined
by sec. 36 2 -313, if a development is
subject to such section, . n a Up...
oevelopment plan, and to Isarity a
reference to a permeable pavement
`tee,
B. Proposed amendments to Chapter
31 .1, SubtlI vi'iar , .fore rode of the
City of Roanoke, (1519). as amended.
33 Add Sec 311 -303, Additional
requirements for subbecom In the
u.ndbon or riparian buffer areas to
jim,ol regulators pertaining to
establishment Of subdrehror s in
floodplain or riparian buffer areas to
'ze flood camage and exposure
to flood hdurds.
34. See 31 L6W, Revrew fees. to create
reference t0 1 he Fee Compendimm of
the City of umba, for fees In
omire,tiort wit plat and plan review;
35 Appendix 6,B 1, Renulremem, far
Prehrouni subdivision site plans, to
require delineation of certain flood
areas in certain plans submitted for
approval: and to identify parking eparately,
ng areas and slrutlures as Items
rell .... J to be shown on a site plan:
Re
36 Appendix I3, B4 Requirements for
final bdlviSgo site plan, to require
d"hurnaom of special flood Imard
Area, layoff plan serasion and
ordered control plan, ammwater
astoniiPmnnt Plan, milifics Plan, and
steet C. Proposal amendments to the Fee
Compendium .1 the City of Roanoke
Pursu ntl Sbhe authority set forth a
2241(9) W the Code ofViggo S(195 1,
as amended:
I. Repeal the existing fee schedule for
nings and establish $1,000 fee for
amendments to the z ping map,
including certain nings and
amendmmnts to prgner,d Inuditions,
2. Establish a $250 Ice for A zoning
moupication :and
3 Establisha fee o151so for review ofa
minor gumivision plat: establish a fee
01 Sad for vacation.( a plat or a portion
Of plat: establish a fee Of $220 plus
$50 per lot. fora major subdivision plat .
and establish a lee Of $500. plus $75 per
oacre or Coupon
,in plan- thereof for a
The ordinances adopting the
a lemosents described above shall be
effective upon Agr ion by the City
Council for the City of Roanoke . amendment, am
The availabl for Proposed
r reiew In the Department
Of Planning, Building, and
Development, Rog, 166. Noel C. Taylor
Munielied Building, and online at
httP / /roanokeva. gqv /plammmgc
Tina MS Carr, Secretary. City Planning
Commission
City Council will hold a public hearing
On the aforesaid applications antl
proposed amendments on November
2Ia 2016, a1290 p.m. or ,soon as Ne
tiers may be heard.
Any perm. with A disability requiring
any special accommodation to Attend
contact the e City Clerk's of resat should
1541,
8532541 at least file days or.., to the
scheduled bearing.
Stephanie M. Moon Reynolds, exec
City Clerk
(421308)
PUBLIC HEARING NOTICE
PUBLIC HEARING NO-1 WI;
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 and proposed amendments are available for review in the Planning, Building, &
Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on November 14, 2016,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and proposed
amendments to Chapter 36.2, Zoning, Chapter 31.1, Subdivisions, and the Fee Compendium of
the City:
1. Applications
A. Application by Ivy View, LLC, to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as it pertains to the properties
located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. The conditions
proposed for repeal, adopted through enactment of Ordinance No. 40062- 091514, require
three (3) new entrances with a divider median and restricted traffic flows; require
architectural compatibility of all buildings on the site through materials and style; restrict the
height of buildings; require transparency, primary entrances, and articulation to prevent blank
walls on building fapades facing Franklin Road; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels for parking
and drives to be eight foot candles or less; require certain parking lot lighting design; require
proffered conditions to bind any portion of parcels subdivided or re- combined; and limiting
the use of the property to use of the properties for a financial institution; office, general or
professional; business service establishment, not otherwise listed; medical clinic; mixed use
building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
entertainment establishment, not abutting a residential district; health and fitness center;
meeting hall; parking, off -site; and dwelling, multifamily. The application is to permit use of
the properties subject to the application to those uses previously proffered and accepted by
the adoption of Ordinance No. 40062 - 091514, on September 15, 2014. The land use
categories permitted in the INPUD District include residential; accommodations and group
living; commercial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with a maximum density of own
dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the
property for light industrial and general commercial use, but does not specify density. The
proposed use of the property is retail sales establishment.
+ B. Application by the City of Roanoke to rezone and repeal all conditions proffered as part of a
previous rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax
Map No. 7230101, from 1 -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to 1 -1, Light Industrial District. The conditions to be repealed
include one related to the sale of the property, which is no longer needed because the City of
Roanoke purchased the property, and one related to the imposition of restrictive covenants,
which is no longer needed because the restrictive covenants were imposed by the recording
of a document entitled, "Deed of Restriction Addition to the Roanoke Center for Industry and
Technology," dated April 2, 1992. The land use categories permitted in I -I include
commercial; industrial; warehousing and distribution; assembly and entertainment; public,
institutional and community facilities; transportation; utility; agricultural; and accessory, with
a maximum floor area ratio of 2.0. The comprehensive plan designates the property for light
industrial and recreation /open space, but does not specify density. The proposed use of the
property is beverage manufacturing and ancillary uses.
11. Proposed Amendments
A. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979),
as amended, by amending and reordaining, adding or deleting the following code sections to
update, clarify and make the City's zoning ordinance easier to use for its citizens, and to
make the City's zoning ordinance consistent with state code, such amendments not
constituting a comprehensive rezoning or change of any densities that would decrease
permitted density in any district, unless otherwise noted:
1. Sec. 36.2 -205, Dimensional reputations, and Table 205 -1, Permitted Yard
Encroachments, to clarify that the depth of a front yard is to be measured from the front
of the building or the front line of an existing porch, and that whenever a handicap ramp
or other encroachment exists with a residential use, the depth shall be measured from the
street to the front building line;
2. Sec. 36.2 -311, Use table for residential districts, to add "Day care home, adult" as a
special exception use in all residential districts;
3 Sec. 36.2 -312, Dimensional regulations for residential districts, to eliminate Section 36.2-
313 front yard requirements for infill development in the RMF district;
4. See. 36.2 -313, Front yard dimensions for infill development, to provide that for infill
development, the minimum front yard shall be the depth of the most shallow front yard
and the maximum front yard shall be the average between the most shallow and deepest
established front yards, in cases where the most shallow established front yard is deeper
than a district's maximum front yard;
5. Sec. 36.2 -315, Use table for multiple purpose districts, to add Short-term rental as a
permitted use in the CN, CG, CLS, D, and OF districts; to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a special exception use in the CN, CG, CLS, D
and OF districts; to add Kennel, outdom- pens or runs, as a Special exception use in the
CG, CLS and OF districts; to add Selt - storage building as a special exception use in the
CG, CLS, D districts and as a permitted use in the OF district; to acid Eating
establishment, Eating and drinking establishment, not abutting a residential district, and
Eating and drinking establishment, abutting a residential district, as special exception
uses in the MX district; to add Meeting hall, abutting a residential district, as a special
exception use in the CN, CG, CLS, D, and OF districts, and as a permitted use in the IN
and ROS districts; to add Meeting hall, not abutting a residential district, as a permitted
use in the CN, CG, CLS, D, IN, ROS, and OF districts; to add Day care home, adult, as a
special exception use in the MX, CN, D and OF districts, and to add Supply pantry as a
permitted use in the CN, CLS, D, and OF districts;
6. Sec. 36.2 -316, Dimensional regulations for multiple purpose districts, to apply Section
36.2 -318 pedestrian access requirements to the MX and D districts;
7. Sec. 36.2 -318, Pedestrian access, to clarify a reference to a permeable pavement system;
8. Sec. 36.2 -319, Building placement and facade transparency standards for multiple
purpose districts, to provide that the required location of a primary entrance in multiple
purpose districts be between the minimum and maximum front yard lines;
9. Sec. 36.2 -322, Use table for industrial districts, to add Kennel, outdoor pens or runs, as a
special exception use in the 1 -1 district, to delete the Mini - warehouse use; to add Self -
storage building and Self - storage facility as permitted uses in all industrial districts; and
to make Outdoor recreation facility lighting or spoils stadium lighting a special exception
use in all industrial districts;
10. Sec. 36.2 -327, Use table for planed unit development districts, to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a permitted use in fire IPUD District, and to add
Self - storage building as a permitted use in the MXPUD district;
IL Section 36.2 -333, Floodplain Overlay District, to repeal the existing section and to adopt
new regulations required for local compliance with the Code of Virginia, (1950), as
amended, and regulations of the Virginia Department of Conservation and Recreation, to
set forth and provide for the purpose and applicability of the floodplain regulations; to
establish penalties for violations of such regulations; to define terms used in the section;
to designate the Zoning Administrator as the administrator of the floodplain overlay
district regulations and to enumerate the duties of the Zoning Administrator in connection
with administering the code section; to provide for the interpretation of, and changes to,
flood insurance rate maps and administration of amendments thereto; to establish a
floodplain overlay district and flood zones and special flood hazard areas within the
overlay district, to include floodways, A zones, AO zones, AI -30 zones, AE zones, and
AH zones, such zones defining flood elevations based on a certain percentage annual
chance of flooding, or have been approximated or identified as areas of shallow flooding;
to prohibit encroachments in the floodway such as fill, new construction, substantial
improvements, or other development unless it is demonstrated that the proposed
encroachment will not increase flood levels in the community; to identify agricultural
operations, public and private recreational uses, botanical gardens, and accessory
residential uses as permitted uses in a floodway; to identify certain accessory structures,
utility distribution, sewage or water treatment facilities, quarry and mining operations,
storage of certain materials, and placement or storage of a recreational vehicle under
certain conditions and time limitations as uses permitted by special exception in a
floodway; to establish requirements for elevation of new construction of, or substantial
improvements of, residential structures in special flood hazard areas; to establish
requirements for elevation or flood - proofing for new construction of, or substantial
improvements to, non - residential structures in special flood hazard areas; to establish
requirements for permits, and to permit applications for construction; to establish general
standards for new construction and substantial improvements, such as compliance with
the Virginia Uniform Statewide Building Code, anchoring of structures, use of flood
damage resistant materials and utility equipment, use of methods and practices to
minimize flood damage, location of electrical, heating, ventilation, plumbing, air
conditioning equipment to prevent flood waters from entering or accumulating in such
equipment, design of water supply, sanitary sewage, and on -site waste disposal systems
to minimize or eliminate infiltration of flood waters, to require a permit and provide for
notice to affected jurisdictions when a watercourse or channel is altered or relocated, and
to require that the flood carrying capacity within an altered or relocated portion of a
watercourse be maintained; to establish requirements for elevation or flood - proofing of
new construction, or substantial improvements to, two (2) feet above base flood
elevation; to establish standards for use and design for spaces below the lowest floor of a
structure; to establish standards for manufactured homes and recreational vehicles; to
establish regulations for existing structures and historic structures and exceptions to such
regulations; and to establish a process and standards for variances issued by the Roanoke
City Board of Zoning Appeals from the regulations;
12. Sec. 36.2 -335, River and Creek Corridors Overlay District, to add private streets as
permitted buffer impacts;
13. Sec. 36.2 -336, Comprehensive Sign Overlay District, to allow the district to be mapped
over a residential multifamily district and to make applicable requirements in the
Comprehensive Sign Overlay District related to maximum sign area, sign height, sign
types, and sign characteristics to be determined by the adoption of such overlay district;
14. Sec. 36.2 -406, Car wash, to add landscaping requirements for the street frontage of a car
wash;
15. Sec, 36.2 -408, Day care centers, child, to delete the requirement that an outdoor play area
be located on the same lot as the day care center; to delete the requirement that a play
area be located no closer to the street than the main building occupied by the day care
center; and to delete the prohibition of pedestrian access that requires the crossing of a
vehicular right -of -way;
16. Sec. 30.2-411, Gasoline stations, to add landscaping requirements for the street frontage
of a gasoline station in the CG, CLS, 1 -1, CN and D Districts;
17. Sec. 36.2 -415, Mini - warehouses, to delete screening, landscaping, layout, height, bulk
standards and other standards as they apply to mini- warehouses;
18. Sec. 36.2 -429, Temporary uses, and Table 429 -1, Temporary uses, to restrict in any
district the maximum duration of public events exempt from zoning permit requirements
to two calendar days and to limit such uses to two, with an interval of at least three
months between events, within a calendar year;
19.36.2 -540, Zoning amendments, to clarify that an application for a zoning amendment
shall require payment of a fee as established by City Council in the City's fee
compendium;
20. Sec. 36.2- 622(e), Exempt outdoor recreation facility or Sports stadium li htine, to correct
references to other sections of the zoning ordinance that regulate such exempt lighting;
21. Sec. 36.2 -647, Buffering and screening, to require that buffering and screening materials
be located in such a way as to reduce the visual impact of a use or activity from adjacent
properties and streets;
22. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to require buffering
for a wall with less than 15% transparency between the wall and any MXPUD district
and to delete such requirements from the Multiple Purpose districts and the INPUD and
IPUD districts; to require the location of a screen for outdoor commercial or industrial
processes outside a wholly enclosed building to be located within 15 feet of a property
line; to require perimeter screening for ground- mounted mechanical equipment more than
36" in height; to require certain perimeter screening or plantings around ground- mounted
mechanical equipment up to 36" in height; to delete screening requirements for Mini -
warehouse; to require buffering for an Outdoor sports facility; and to require screening of
a Self- storage facility;
23. Sec. 36.2 -648, Parking area landscaping, to allow river rock as a ground cover for interior
planting areas; and to specify locations for interior planting areas in relation to rows of
parking spaces;
24. Table 649 -1, Buffering, Screening and Landscaping Materials, to add an 8 -foot
maximum spacing requirement for evergreen trees;
25. Sec. 36.2 -651, Applicability, to clarify that repetitive parking in a turf grass area or
landscaped area resulting in denuded soil shall constitute a parking area that does not
meet certain construction standards;
26. Table 652 -2, Required Parking Spaces, to establish a I space per 1.5 self - service bay and
a 1 space per 0.25 automated service bay as units for calculating the parking requirement
for a car wash;
27. Sec. 36.2 -653, Maximum parking, and Sec. 36.2 -654, Parking and loading area standards,
to clarify a reference to a permeable pavement system.
28. Sec. 36.2 -705, Nonconforming uses, to allow the expansion of unoccupied spaces of a
structure containing a nonconforming use, where such nonconformity is due to the
number of dwelling units or residential use designation;
29. Sec. 36.2 -709, Certain uses deemed not nonconforming, to allow uses in existence at the
time of amendment of the zoning ordinance to be considered not nonconforming uses, if
such uses would require a special exception permit if they were new uses;
30. Sec. 36.2 -841, Powers and duties, to provide for a reference to the fee compendium for
an application for a modification by the zoning administrator, ($250);
31. Appendix A, Definitions, to provide for new definitions of Day care home, adult; mobile
food vending; Permeable pavement system; River rock; Self - storage building; Self -
storage facility; Short -tern rental; and transient guest; to amend the definitions of Day
care home, child, and family day home; and to delete the definition of Mini - warehouse;
and
32. Appendix B, Submittal requirements, to amend the form and number of copies of a basic
development plan or comprehensive development plan required to be submitted for
review, to provide for delineation of the shallowest established front yard as determined
by Sec. 36.2 -313, if a development is subject to such section, on a basic development
plan, and to clarify a reference to a permeable pavement system.
B. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke,
(1979), as amended:
33. Add Sec. 31.1 -303, Additional requirements for subdivisions in the floodplain or riparian
buffer areas, to provide regulations pertaining to establishment of subdivisions in
floodplain or riparian buffer areas to minimize flood damage and exposure to flood
hazards;
34. See. 31.1 -604, Review fees, to create a reference to the Fee Compendium of the City of
Roanoke for fees in connection with plat and plan review;
35. Appendix B, B -2, Requirements for preliminary subdivision site plans, to require
delineation of certain flood areas in certain plans submitted for approval; and to identify
separately, parking areas mid structures as items required to be shown on a site plan; and
k
36. Appendix B, B-4, Requirements for final subdivision site plan, to require delineation of
special flood hazard areas and floodways on the dimensional layout plan, erosion and
sediment control plan, stormwater management plan, utilities plan, and street plan.
C. Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the
authority set forth in Section 15.2- 2286(6) and Section 15.2- 2241(9) of the Code of Virginia
(1950), as amended:
1. Repeal the existing fee schedule for rezonings and establish a $1,000 fee for amendments
to the zoning map, including certain rezonings and amendments to proffered conditions;
2. Establish a $250 fee for a zoning modification; and
3. Establish a fee of $150 for review of a minor subdivision plat; establish a fee of $50 for
vacation of a plat or a portion of a plat; establish a fee of $220, plus $50 per lot, for a
major subdivision plat, and establish a fee of $500, plus $75 per acre or portion thereof,
for a subdivision site plan.
The ordinances adopting the amendments described above shall be effective upon adoption by
the City Council for the City of Roanoke.
The proposed amendments are available for review in the Department of Planning, Building, and
Development, Room 166, Noel C. Taylor Municipal Building, and online at
http://roanokeva.gov/planningeominission,
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid applications and proposed amendments
on November 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, November 1, 2016, and Tuesday, November 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 @roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations, Table
205 -1, Permitted Yard Encroachments; Section 36.2 -311, Use table for residential districts;
Section 36.2 -312, Dimensional regulations for residential districts; Section 36.2 -313, Front yard
dimensions for infill development; Section 36.2 -315, Use table for multiple purpose districts;
Section 36.2 -316, Dimensional regulations for multiple purpose districts; Section 36.2 -318,
Pedestrian access; Section 36.2 -319, Building placement and facade transparency standards for
multiple purpose districts; Section 36.2 -322, Use table for industrial districts; Section 36.2 -327,
Use table for planned unit development districts; repealing Section 36.2 -333, Floodplain Overlay
District F and replacing with a new Section 36.2 -333, Floodplain Overlay District (F);
amending and reordaining Section 36.2 -335, River and Creek Corridors Overlay District (RCC);
Section 36.2 -336, Comprehensive Sign Overlay District; Section 36.2 -406, Car wash; Section
36.2 -408, Day care centers. child; Section 36.2 -411, Gasoline stations; repealing Section 36.2-
415, Mini - warehouses; amending and reordaining Section 36.2 -429, Temporary uses, Table 429-
1, Temporary Uses; Section 36.2 -540, Zoning amendments; Section 36.2 -622, Exempt lighting;
Section 36.2 -647, Buffering and screening; Section 36.2 -647, Buffering and screening, Table
647 -1, Buffering and Screening of Certain Uses and Activities; Section 36.2 -648, Parking area
landscaping; Section 36.2 -649, Standards for buffering and screening and parking area
landscaping materials, Table 649 -1, Buffering Screening and Landscaping Materials; Section
36.2 -651, Applicability; Section 36.2 -652, Minimum parking, Table 652 -2, Required Parking
Spaces; Section 36.2 -653, Maximum parking; Section 36.2 -654, Parking and loading area
standards; Section 36.2 -705, Nonconforming uses; Section 36.2 -709, Certain uses deemed not
nonconforming', Section 36.2 -841, Powers and duties; Appendix A, Definitions; Appendix B,
Submittal Requirements, B -1, Basic Development Plan; B -2, Comprehensive Development Plan;
of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the
purposes of updating, clarifying, and making consistent with state law, the City's zoning
ordinance; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Chapter 36.2, Zoning of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained, to read and provide as follows:
Sec. 36.2 -205. Dimensional regulations.
Table 205 -1. Permitted Yard Encroachments
Feature
Front
Side
Rear
Yes
Handicap ramps
7 feet, as measured from the front
Yes
Yes
associated with a
of the building or the front line of
4 feet
0 feet
(residential use
an existing porch, if one is
present.
* * *
(f) Frontyards.
(1) The depth of a front yard shall be measured at a right angle to the
street line to the front building line of the building, excluding the
front porch or any other encroachment into the front yard. In the
case of a curved street line, the depth shall be measured on the
radial line.
* **
2
Sec. 36.2 -311. Use table for residential districts
District
RA
R -12
R -7
R -5
Maximum yard: depth of the most shallow
the district
Supplemental
Regulation Sectio n
=RM-1RM-2
Commercial Uses:
Day care home, adult
S
S S
S
Yes
Yes
Yes
No
development apply
Sec. 36.2 -312. Dimensional regulations for residential districts.
Section 36.2 -313 Front yard
Minimum yard: depth of the most shallow
Where the most shallow established front yard is
Ibetween
established front yard
the minimum and maximum front yards of
Maximum yard: depth of the most shallow
the district
established front yard, plus 5 feet
Yes
requirements for infill
No
No
Yes
Yes
Yes
Yes
Yes
No
development apply
outliers as defined above.
: s
Sec. 36.2 -313. Front yard dimensions for infill development.
To determine the established front yard in the table below, the zoning
Zoning edminiskate>-Administrator shall consider only the following lot or lots: (1)
a lot or lots on which there is a principal structure on the same block face, and (2)
up to one (1) lot on each side of a subject property which is closest to the subject
property. However, no lot being used to determine the established front yard shall
be an outlier. An outlier shall be any yard depth that deviates by more than twenty
(20) percent from the average yard depth on the block face, not including the
outlier or outliers. In such instances, the zoning— Zoning administrates
Administrator shall determine the most shallow established front yard to be equal
to such average depth.
Minimum yard: depth of the most shallow
Where the most shallow established front yard is
Ibetween
established front yard
the minimum and maximum front yards of
Maximum yard: depth of the most shallow
the district
established front yard, plus 5 feet
Minimum yard: met- -depth of
III
most shallow established front yard.
Where the most shallow established front yard is
Maximum yard: average between the depth
deeper than the district's maximum front yard
of most shallow established front yard and
deepest established front yard, excluding
outliers as defined above.
Os
Sec. 36.2 -315. Use table for multiple purpose districts
M
D
IN
ROS
OF
Supplemental
Regulation
Section
District
*•*
Accommodations and Group Living:
Short-term rental I
IP
P
P
P
I
L—
p
s * s
Commercial Uses: Miscellaneous
* * s
Animal hospital or veterinary clinic,
outdoor pens or runs
S
S
S
S
S
* *•
Kernel, outdoor pens or runs
S
S
S
* s *
Warehousing and Distribution Uses:
* s *
Self- storage building
S
S
S
P
* **
Assembly and Entertainment Uses:
Eating establishment
P
P
P
P
Eating and drinking establishment, not
abutting a residential district
TSS
p
p
p
p
lEating and drinking establishment, abutting
a residential district
S
S
S
S
* *•
Meeting hall, abutting a residential district
S
S
S
S
P
P
S
Meeting hall, not abutting a residential
district
P
p
p
p
p
p
p
* *•
Public, Institutional, and Community Facilities:
0
Day care home adult is S S S
s
Supply pantry P 1P P P P I 1P
See. 36.2 -316. Dimensional regulations for multiple purpose districts
MX I CN I CG ICLS I D I IN JROSTUF
Section 36.2 -318 Pedestrian access requirement e Yes Yes Yes Yes Yes No Yes
applies
r r s
Sec. 36.2 -318. Pedestrian access.
in districts where indicated as applicable in Section 36.2 -316, designated
pedestrian pathways of a minimum unobstructed width of five (5) feet shall be
provided and clearly defined from the public sidewalk, or the public right -of -way
where there is no public sidewalk, to the public entrance of any principal building.
Such pedestrian pathways shall be handicapped accessible, surfaced with concrete,
asphalt, bituminous pavement, brick or stone pavers, or a permeable paves
pavement system, and shall be distinguished and separated from driveways and
parking spaces by landscaping, berms, barriers, grade separation or other means to
protect pedestrians from vehicular traffic. Where any such walkway crosses a
motor vehicle travel lane, raised crosswalks shall be provided.
Sec. 36.2 -319. Building placement and fagade transparency standards for
multiple purpose districts.
« s �
finished ffRdP'
Loom -- .....1
eustemers,tpatfoiis of
(d) A primary entrance shall be located within the required minimum and
maximum front yards, with the threshold located at the grade of the adjacent
sidewalk or at the adjacent grade when not abutting a sidewalk. Such
primary entrance shall be accessible during normal business hours to
employees and customers/patrons of the building occupant.
Exceptions:
(1) Where building placement is established according to the civic space
yard option, a primary entrance shall abut the civic space yard with
the entrance threshold located at the grade of the abutting civic
space yard.
(2) The primary entrance in the NIX or IN District may be above the
finished grade of the adjacent sidewalk or adjacent grade of the site.
Sec. 36.2 -322. Use table for industrial districts
District
'Commercial Uses: Miscellaneous
Kennel, outdoor pens or runs
'Warehousing and Distribution Uses:
Distribution center, not otherwise listed
Self - storage buildin;
Self- storage facility
1-111-2
0
Supplemental
Regulation
Section
Accessory Uses:
Accessory uses, not otherwise listed in this Table _ P P P 36.2 -403
outdoor recreation facility lighting or sports stadium lighting PS PS RS 36.2403
See. 36.2 -327. Use table for
s • +
♦ s
IPUD 1 Regulation
Section
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, outdoor pens or runs P
Warehousing and Distribution Uses:
♦ e s
6
1
Self - storage building P
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Sec. 36.2 -333. Floodplain Overlay District (F).
(a) General Provisions
(1) Statutory Authorization and Purpose. This section is adopted
pursuant to the authority granted to localities by Section 15.2 — 2280
of the Virginia Code (1950), as amended. The purpose of these
18
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Sec. 36.2 -333. Floodplain Overlay District (F).
(a) General Provisions
(1) Statutory Authorization and Purpose. This section is adopted
pursuant to the authority granted to localities by Section 15.2 — 2280
of the Virginia Code (1950), as amended. The purpose of these
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Sec. 36.2 -333. Floodplain Overlay District (F).
(a) General Provisions
(1) Statutory Authorization and Purpose. This section is adopted
pursuant to the authority granted to localities by Section 15.2 — 2280
of the Virginia Code (1950), as amended. The purpose of these
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provisions is to prevent the loss of life and property, the creation of
health and safety hazards, the disruption of commerce and
governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by regulating uses, activities, and
development which, alone or in combination with other existing or
future uses, activities, and development, will cause unacceptable
increases in flood heights, velocities, and frequencies; restricting or
prohibiting certain uses, activities, and development from locating
within districts subject to flooding; requiring all those uses,
activities, and developments that do occur in flood -prone districts to
be protected and/or flood - proofed against flooding and flood
damage; and protecting individuals from buying land and structures
which are unsuited for intended purposes because of flood hazards.
(2) Applicability. These provisions shall apply to all privately and
publicly owned lands within the jurisdiction of the City and
identified as areas of special flood hazard determined by the City or
shown on the flood insurance rate map (FIRM) or included in the
flood insurance study (FIS) that are provided to the City by Federal
Emergency Management Agency (FEMA).
(3) Compliance and Liability. No land shall hereafter be developed
and no structure shall be located, relocated, constructed,
reconstructed, enlarged, or structurally altered except in full
compliance with the terns and provisions of this section and any
other applicable sections and regulations which apply to uses within
the jurisdiction of this section.
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study, but does not imply total
flood protection. Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes, such as
ice jams and bridge openings restricted by debris. This section does
not imply that districts outside the floodplain district or land uses
permitted within such district will be free from flooding or flood
damages.
This section shall not create liability on the part of the City or any
officer or employee thereof for any flood damages that result from
reliance on this section or any administrative decision lawfully made
thereunder.
(4) Records. Records of actions associated with administering this
section shall be kept on file and maintained by or under the direction
of the Zoning Administrator in perpetuity.
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(5) Abrogation and Greater Restrictions. To the extent that the
provisions are more restrictive, this section supersedes any section
currently in effect in flood -prone districts. To the extent that any
other existing law or regulation is more restrictive or does not
conflict with this section, it shall remain in full force and effect.
These regulations are not intended to repeal or abrogate any existing
sections including subdivision regulations, zoning ordinances or
building codes. In the event of a conflict between these regulations
and any other ordinance or section, the more restrictive shall govern.
(6) Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this section shall be declared invalid for any
reason whatever, such decision shall not affect the remaining
portions of this section. The remaining portions shall remain in full
force and effect; and for this purpose, the provisions of this section
are hereby declared to be severable.
(7) Penalty for Violations. Section 36.2 -571 of the City Code contains
the provisions for enforcement of this section and penalties that
apply for violations.
(b) Definitions. Certain terms and words used in this section shall be defined
as set forth below. Where any conflict exists between the definitions below
and those set forth in Appendix A, the definitions of this subsection shall
govern for the purposes of the regulations of this section.
Appurtenant or accessory structure: Accessory structures not to
exceed two hundred (200) square feet.
Areas of shallow flooding: A special flood hazard area with base
flood depths from one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident. Such flooding is characterized by
pending or sheet flow.
Base flood: The flood having a one percent (1 %) chance of being
equaled or exceeded in any given year.
Base flood elevation: The water surface elevations of the base
flood, that is, the flood level that has a one percent or greater chance of
occurrence in any given year. The water surface elevation of the base flood
in relation to the datum specified on the community's Flood Insurance Rate
Map. For the purposes of this section, the base flood is the one percent
(1 %) annual chance flood.
Basement: Any area of the building having its floor sub -grade
(below ground level) on all sides.
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.Conditional Letter of Map Revision (CLOMR): A formal review
and comment as to whether a proposed flood protection project or other
project complies with the minimum NFIP requirements for such projects
with respect to delineation of special flood hazard areas. A CLOMR does
not revise the effective Flood Insurance Rate Map or Flood Insurance
Study.
Development: Any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
Encroachment: The advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
FEW Federal Emergency Management Agency.
Flood orJlooding:
1. A general or temporary condition of partial or
complete inundation of normally dry land areas from
a. the overflow of inland or tidal waters;
b. the unusual and rapid accumulation or runoff
of surface waters from any source; or
C. mudflows which are proximately caused by
flooding as defined in paragraph (1)(b) of this
definition and are akin to a river of liquid and
flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a
current of water and deposited along the path
of the current.
2. The collapse or subsidence of land along the shore of
a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by
an unanticipated force of nature such as flash flood or
an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as
defined in paragraph 1 of this definition.
Flood Insurance Rate Map (FIRM): An official map of a
community, on which FEMA has delineated both the special hazard areas
and the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate Map.
Flood Insurance Study (FIS): A report by FEMA that examines,
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evaluates and determines flood hazards and, if appropriate, corresponding
water surface elevations, or an examination, evaluation and determination
of mudflow and/or flood - related erosion hazards.
F000dplain: Any land area susceptible to being inundated by water
from any source.
Flood proof. Any combination of structural and non - structural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodway: The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than
one foot at any point within the community.
Freeboard: A factor of safety usually expressed in feet above a
flood level for purposes of floodplain management. "Freeboard' tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood and
Roadway conditions; such as wave action, bridge openings, and the
hydrological effect of urbanization in the watershed. The City requires
Base Flood Elevation plus twenty -four (24) inches freeboard.
Functionally dependent use: A use which cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. This term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and
shipbuilding and ship repair facilities, but does not include long -term
storage or related manufacturing facilities.
Highest adjacent grade: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Historic structure: Any structure that is
1. listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for
individual listing on the National Register;
2. certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary of
the Interior to qualify as a registered historic district;
3. individually listed on a state inventory of historic
places in states with historic preservation programs
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which have been approved by the Secretary of the
Interior; or
4. individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either by an
approved state program as determined by the
Secretary of the Interior; or, directly by the Secretary
of the Interior in states without approved programs.
Hydrologic and Hydraulic Analysis: Analyses performed by a
licensed professional engineer, in accordance with standard engineering
practices that are accepted by the Virginia Department of Conservation and
Recreation and FEMA, used to determine the base flood, other frequency
floods, flood elevations, floodway information and boundaries, and flood
profiles.
Letter of Map Amendment (LOMA): An amendment based on
technical data showing that a property was incorrectly included in a
designated special flood hazard area. A LOMA amends the current.
effective Flood Insurance Rate Map and establishes that a land as defined
by metes and bounds or structure is not located in a special flood hazard
area.
Letter of Map Revision (LOMB): A revision based on technical data
that may show changes to flood zones, flood elevations, floodplain and
floodway delineations, and planimetric features. A Letter of Map Revision
Based on Fill (LOMR -F), is a determination that a structure or parcel of
land has been elevated by fill above the base flood elevation and is,
therefore, no longer exposed to flooding associated with the base flood. In
order to qualify for this determination, the fill must have been permitted and
placed in accordance with the community's floodplain management
regulations.
Lowest floor: The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood - resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure in violation of
the applicable non - elevation design requirements of Code of Federal
Regulations 44 (C.F.R.) 60.3.
Manufactured home: A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities.
For floodplain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than one hundred eighty (180) consecutive days.
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Mean Sea Level: Is an elevation point that represents the average
height of the ocean's surface (such as the halfway point between the mean
high tide and the mean low tide) which is used as a standard in determining
land elevation.
New construction: For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after
November 4, 1981, and includes any subsequent improvements to such
structures. For floodplain management purposes, new construction means
structures for which the start of construction commenced on or after the
effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
Such structure is also referred to as "post- FIRM."
Recreational vehicle: A vehicle which is
1. built on a single chassis;
2. four hundred (400) square feet or less when measured
at the largest horizontal projection;
3. designed to be self - propelled or pemtanently.towable
by a light duty truck; and
4. designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational camping, travel, or seasonal use.
Special flood hazard area: The land in the floodplain subject to a
one (1 %) percent or greater chance of being flooded in any given year as
determined in subsection (d)(1) of this Section.
Start of construction: For other than new construction and
substantial improvement, under the Coastal Barriers Resource Act (P.L. —
97 -348), means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other improvement was within one
hundred eighty (180) days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual
start of the construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
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Structure: For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed fifty percent (50 %) of the market value of the
structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or
exceeds fifty percent (50 %) of the market value of the structure before the
start of construction of the improvement. The tens does not, however,
include either:
1. any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or
safety code specifications which have been identified
by the local code enforcement official and which are
the minimum necessary to assure safe living
conditions, or
2. any alteration of a historic structure, provided that the
alteration will not preclude the structure's continued
designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as
defined above, must comply with all section
requirements that do not preclude the structure's
continued designation as a historic structure.
Documentation that a specific section requirement
will cause removal of the structure from the National
_ Register of Historic Places or the State Inventory of
Historic places must be obtained from the Secretary
of the Interior or the State Historic Preservation
Officer. Any exemption from section requirements
will be the minimum necessary to preserve the
historic character and design of the structure. _
Violation: The failure of a structure or other development to be
fully compliant with the City's floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this section is
presumed to be in violation until such time as that documentation is
provided.
Watercourse: A lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial
flood damage may occur.
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(c) Administration
(1) Designation of the Zoning Administrator. The Zoning
Administrator is hereby appointed to administer and implement
these regulations. The Zoning Administrator may delegate duties
and responsibilities set forth in these regulations to qualified
technical personnel, plan examiners, inspectors, and other
employees.
(2) Duties and Responsibilities of the Zoning Administrator. The
duties and responsibilities of the Zoning Administrator shall include
but are not limited to:
(A) Review applications for permits to determine whether
proposed activities will be located in the Special Flood
Hazard Area (SFHA).
(B) Interpret floodplain boundaries and provide available base
flood elevation and flood hazard information.
(C) Review applications to determine whether proposed
activities will be reasonably safe from flooding and require
new construction and substantial improvements to meet the
requirements of these regulations.
(D) Review applications to determine whether all necessary
permits have been obtained from the Federal, State or local
agencies from which prior or concurrent approval is
required; in particular, permits from state agencies for any
construction, reconstruction, repair, or alteration of a dam,
reservoir, or waterway obstruction (including bridges,
culverts, structures), any alteration of a watercourse, or any
change of the course, current, or cross section of a stream or
body of water, including any change to the 100 -year
frequency floodplain of free - flowing non -tidal waters of the
State.
(E) Verify that applicants proposing an alteration of a
watercourse have notified adjacent communities, the
Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management), and other
appropriate agencies (Virginia Department of Environmental
Quality, United States Army Corps of Engineers) and have
submitted copies of such notifications to FEMA.
(F) Approve applications and issue permits to develop in flood
hazard areas if the provisions of these regulations have been
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met, or disapprove applications if the provisions of these
regulations have not been met.
(G) Inspect or cause to be inspected, buildings, structures, and
other development for which permits have been issued to
determine compliance with these regulations or to determine
if non - compliance has occurred or violations have been
committed.
(H) Review Elevation Certificates and require incomplete or
deficient certificates to be corrected.
(I) Submit to FEMA, or require applicants to submit to FEMA,
data and information necessary to maintain FIRMS,
including hydrologic and hydraulic engineering analyses
prepared by or for the City, within six (6) months after such
data and information becomes available if the analyses
indicate changes in base flood elevations.
(J) Maintain and permanently keep records that are necessary
for the administration of these regulations, including:
(i) Flood Insurance Studies, Flood Insurance Rate Maps
(including historic studies and maps and current
effective studies and maps) and Letters of Map
Change; and
(ii) Documentation supporting issuance and denial of
permits, Elevation Certificates, documentation of the
elevation (in relation to the datum on the FIRM) to
which structures have been floodproofed, inspection
records, other required design certifications,
variances, and records of enforcement actions taken
to correct violations of these regulations.
(K) Enforce the provisions of these regulations, investigate
violations, issue notices of violations or stop work orders,
and require permit holders to take corrective action.
(L) Advise the Board of Zoning Appeals regarding the intent of
these regulations and, for each application for a variance,
prepare a staff report and recommendation.
(M) Administer the requirements related to proposed work on
existing buildings:
(i) Make determinations as to whether buildings and
structures that are located in flood hazard areas and
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that are damaged by any cause have been
substantially damaged.
(ii) Make reasonable efforts to notify owners of
substantially damaged structures of the need to obtain
a permit to repair, rehabilitate, or reconstruct.
Prohibit the non - compliant repair of substantially
damaged buildings except for temporary emergency
protective measures necessary to secure a property or
stabilize a building or structure to prevent additional
damage.
(N) Notify FEMA when the corporate boundaries of the City
have been modified and:
(i) Provide a map that clearly delineates the new
corporate boundaries or the new area for which the
authority to regulate pursuant to these regulations has
either been assumed or relinquished through
annexation; and
(ii) If the FIRM for any annexed area includes special
flood hazard areas that have flood zones that have
regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations
to adopt the FIRM and appropriate requirements, and
submit the amendments to the governing body for
adoption; such adoption shall take place at the same
time as or prior to the date of annexation and a copy
of the amended regulations shall be provided to
Department of Conservation and Recreation
(Division of Dam Safety and Floodplain
Management) and FEMA.
(3) Use and Interpretation of Flood Insurance Rate Maps. The
Zoning Administrator shall make interpretations, where needed, as
to the exact location of special flood hazard areas, floodplain
boundaries, and floodway boundaries. The following shall apply to
the use and interpretation of FIRMS and data:
(A) Where field surveyed topography indicates that adjacent
ground elevations:
(i) Are below the base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM,
the area shall be considered as special flood hazard
area and subject to the requirements of these
regulations; or
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(ii) Are above the base flood elevation and the area is
labelled as a SFHA on the FIRM, the area shall be
regulated as special flood hazard area unless the
applicant obtains a Letter of Map Change that
removes the area from the SFHA.
(B) In FEMA- identified special flood hazard areas where base
flood elevation and floodway data have not been identified
and in areas where FEMA has not identified SFHAs, any
other flood hazard data available from a federal, state, or
other source shall be reviewed and reasonably used.
(C) Base flood elevations and designated floodway boundaries
on FIRMS and in FISs shall take precedence over base flood
elevations and floodway boundaries by any other sources if
such sources show reduced floodway widths and/or lower
base flood elevations.
(D) Other sources of data shall be reasonably used if such
sources show increased base flood elevations and/or larger
floodway areas than are shown on FIRMS and in FISs.
(E) If a Preliminary Flood Insurance Rate Map and/or a
Preliminary Flood Insurance Study has been provided by
FEMA:
(i) Upon the issuance of a Letter of Final Determination
by FEMA, the preliminary flood hazard data shall be
used and shall replace the flood hazard data
previously provided from FEMA for the purposes of
administering these regulations.
(ii) Prior to the issuance of a Letter of Final
Determination by FEMA, the use of preliminary
flood hazard data shall be deemed the best available
data pursuant to Section (d)(2)(C)(i) and used where
no base flood elevations and/or floodway areas are
provided on the effective FIRM.
(iii) Prior to issuance of a Letter of Final Determination
by FEMA, the use of preliminary flood hazard data is
permitted where the preliminary base flood
elevations or floodway areas exceed the base flood
elevations and/or designated floodway widths in
existing flood hazard data provided by FEMA. Such
preliminary data may be subject to change and/or
appeal to FEMA.
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ILI
(4) Jurisdictional Boundary Changes. The floodplain ordinance in
effect in any adjoining locality on the date of annexation of any area
previously within the adjoining locality shall remain in effect and
shall be enforced by the City for all annexed areas until the City
adopts and enforces a section which meets the requirements for
participation in the National Flood Insurance Program.
The City will notify FEMA when the corporate boundaries of the
City have been modified and provide a map that clearly delineates
the new corporate boundaries of the new area for which the
authority to regulate pursuant to these regulations has either been
assumed or relinquished through annexation. If the FIRM for any
annexed area includes special flood hazard areas which have flood
zones that have regulatory requirements not set forth in these
regulations, the City shall adopt amendments to these regulations to
amend the FIRM and appropriate requirements. Such adoption shall
take place at the same time as, or prior to, the date of annexation,
and a copy of the amended regulations shall be provided to
Department of Conservation and Recreation (Division of Dam
Safety and Floodplain Management) and FEMA.
(5) District Boundary Changes
The delineation of any of the Floodplain Districts may be revised by
the City where natural or man-made changes have occurred and/or
where more detailed studies have been conducted or undertaken by
the U. S. Army Corps of Engineers or other qualified agency, or an
individual documents the need for such change. However, prior to
any such change, approval must be obtained from FEMA. A
completed LOMR is a record of this approval.
(6) Interpretation of District Boundaries. Initial interpretations of the
boundaries of the Floodplain Districts shall be made by the Zoning
Administrator. Should a dispute arise concerning the boundaries of
any of the Districts, the Board of Zoning Appeals shall make the
necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable
opportunity to present his case to the Board and to submit his own
technical evidence if he so desires.
(7) Submitting Model Backed Technical Data. A City's base flood
elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later
than six months after the date such information becomes available, a
community shall notify the FEMA of the changes by submitting
technical or scientific data. The community may submit data via a
LOMB. Such a submission is necessary so that upon confirmation
of those physical changes affecting flooding conditions, risk
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premium rates and flood plain management requirements will be
based upon current data.
(8) Letters of Map Revision. When development in the floodplain will
cause or causes a change in the base flood elevation, the applicant,
including state agencies, must notify FEMA by applying for a
Conditional Letter of Map Revision (CLOMR) and then receiving a
LOMR.
(d) Establishment of Floodplain Overlay District and flood zones.
(1) Description of Special Flood Hazard Districts (SFHA). The
various special flood hazard districts shall include the SFHAs. The
basis for the delineation of these districts shall be the FIS and the
FIRM for the City prepared by FEMA, Federal Insurance
Administration, dated September 28, 2007, and any subsequent
revisions or amendments thereto.
The boundaries of the SFHA Districts are established as shown on
the FIRM which is declared to be a part of this section and which
shall be kept on file in the Department of Planning, Building, and
Development.
All development within the Floodplain Overlay District is subject to
the development provisions found in subsection (e) of this section.
(2) Additional requirements in specific Special Flood Hazard Areas.
(A) Floodway. The floodway is the portion of an AE Zone that
is delineated, for purposes of this section, using the criterion
that certain areas within the floodplain must be capable of
carrying the waters of the one percent (1 0/6) annual chance
flood without increasing the water surface elevation of that
flood more than one (1) foot at any point. The areas included
in this District me specifically defined in Table 5 of the
above - referenced FIS and shown on the accompanying
FIRM.
The following provisions shall apply within the floodway of
an AE zone:
(i) Within any floodway area, no encroachments,
including fill, new construction, substantial
improvements, or other development shall be
permitted unless it has been demonstrated through
hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that
the proposed encroachment will not result in any
increase in flood levels within the community during
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the occurrence of the base flood discharge.
Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others
of demonstrated qualifications, who shall certify that
the technical methods used correctly reflect
currently- accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in
sufficient detail to allow a thorough review by the
Zoning Administrator.
Development activities which increase the water
surface elevation of the base flood may be allowed,
provided that the applicant first applies for a
(CLOMR), and receives the approval of FEMA.
Such application shall be accompanied by a
resolution adopted by the City Council for the City,
endorsing such application.
If the above items in this part are satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of part d of this section.
Permitted uses in floodway. The following uses shall
be permitted as of right in the floodway to the extent
that they are otherwise permitted in the underlying
base zoning district and are not prohibited by any
other section, and provided they do not employ
structures, fill, or storage of materials and equipment
within the floodway which may cause any increase in
100 -year flood height and velocity:
(1) Agricultural operations, such as farming,
pasture, grazing, outdoor plant nurseries,
horticulture, forestry, sod farming, and wild
crop harvesting;
(2) Public and private recreational uses such as
parks, picnic grounds, golf courses, boat
launching or swimming areas, hiking or
horseback riding trails, wildlife and nature
preserves, fishing areas, and trap and skeet
game ranges;
(3) Botanical gardens; and
(4) Accessory residential uses such as yard areas,
gardens, and play areas.
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(iii) Special exception uses in floodway. The following
uses shall be permitted in the floodway by special
exception granted by the Board of Zoning Appeals
provided such uses are permitted in the underlying
base zoning district:
(A) Accessory structures related to the uses set
forth in subsections (ii)(A) through (ii)(D),
above.
(B) Utilities distribution: gas/electric compressor
station or substation, or water pump /lift
station.
(C) Sewage treatment facility or water treatment
facility.
(D) Quarry and mining operations, including
excavation of sand, gravel, or clay, provided
no increase in the level of flooding or velocity
is caused.
(E) Storage of materials and equipment provided
that they are not buoyant, flammable, toxic,
hazardous, or explosive, and are not subject to
major damage by flooding, or provided that
such material and equipment is firmly
anchored to prevent flotation or movement, or
can be readily removed from the area within
the time available after flood warning.
(F) Placement or storage of a recreational vehicle,
provided such recreational vehicle is on the
site for fewer than one hundred eighty (180)
consecutive days, is fully licensed and ready
for highway use. For purposes of this section,
a recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect
type utilities and security devices, and if it has
no permanently attached additions.
(B) AE zones with no floodway delineated. AE zones on the
FIRM are those areas for which one - percent annual chance
flood elevations have been provided and the floodway has
not been delineated.
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The following provisions shall apply within an AE Zone
where FEMA has provided base flood elevations but has not
delineated a floodway:
(i) Until a regulatory floodway is designated, no new
construction, substantial improvements, or other
development (including fill) shall be permitted within
the areas of special flood hazard, designated as Zones
AI -30, AE, or AH on the FIRM, unless it is
demonstrated that the cumulative effect of the
proposed development, when combined with all other
existing and anticipated development, will not
increase the water surface elevation of the base flood
more than one foot at any point within the City.
(ii) Development activities in Zones Al -30, AE, or AH
on the City's FIRM which increase the water surface
elevation of the base flood by more than one foot
may be allowed, provided that the applicant first
applies for a CLOMR, and receives the approval of
FEMA. Such application shall be accompanied by a
resolution adopted by the City Council for the City,
endorsing such application.
(C) A Zones: A Zones are those areas for which no detailed
flood profiles or elevations are provided, but the one percent
(1 %) annual chance floodplain boundary has been
approximated. For these areas, the following provisions
shall apply:
(i) The Approximated Floodplain District shall be that
floodplain area for which no detailed flood profiles or
elevations are provided, but where a one percent
annual chance floodplain boundary has been
approximated. Such areas are shown as Zone A on
the maps accompanying the FIS. For these areas, the
base flood elevations and floodway information from
federal, state, and other acceptable sources shall be
used, when available. Where the specific one percent
annual chance flood elevation cannot be determined
for this area using other sources of data, such as the
U. S. Army Corps of Engineers Floodplain
Information Reports, U. S. Geological Survey Flood -
Prone Quadrangles, etc., then the applicant for the
proposed use, development and/or activity shall
determine this base flood elevation. For development
proposed in the approximate floodplain the applicant
must use technical methods that correctly reflect
34
currently accepted practices, such as point on
boundary, high water marks, or detailed
methodologies hydrologic and hydraulic analyses.
Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough
review by the Zoning Administrator.
The Zoning Administrator reserves the right to
require a hydrologic and hydraulic analysis for any
development. When such base flood elevation data is
utilized, the lowest floor shall be elevated to or above
the base flood level plus eighteen (18) inches.
During the permitting process, the Zoning
Administrator shall obtain:
(1) The elevation of the lowest floor (in relation to
mean sea level), including the basement, of all
new and substantially improved structures;
and,
(2) If the structure has been flood - proofed in
accordance with the requirements of this
article, the elevation (in relation to mean sea
level) to which the structure has been flood -
proofed.
Base flood elevation data shall be obtained from
other sources or developed using detailed
methodologies comparable to those contained in a
FIS for subdivision proposals and other proposed
development proposals (including manufactured
home parks and subdivisions) that exceed fifty (50)
lots or five (5) acres, whichever is the lesser.
(D) AO Zones. AO Zones are those areas of shallow flooding
identified as AO on the FIRM. For these areas, the
following provisions shall apply:
(i) All new construction and substantial improvements
of residential structures shall have the lowest floor,
including basement, elevated to or above the flood
depth specified on the FIRM. Such elevation shall be
established by identifying the highest adjacent gad
and adding the flood depth number specified in feet
on the FIRM. If no flood depth number is specified,
the lowest floor, including basement, shall be
35
elevated no less than two feet above the highest
adjacent grade.
(ii) All new construction and substantial improvements
of non - residential structures shall:
(1) Have the lowest floor, including basement,
elevated to or above the flood depth specified
on the FIRM. Such elevation shall be the
highest adjacent grade and adding the flood
depth number specified in feet on the FIRM.
If no flood depth number is specified, the
lowest floor, including basement, shall be
elevated at least two feet above the highest
adjacent grade; or,
(2) Together with attendant utility and sanitary
facilities, be completely flood - proofed to the
specified flood level so that any space below
that level is watertight with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
(iii) Adequate drainage paths around structures on slopes
shall be provided to guide floodwaters around and
away from proposed structures.
(2) Overlay Concept. The Floodplain Districts described above shall be
overlays to the existing underlying districts as shown on the Official
Zoning Ordinance Map, and as such, the provisions for the
Floodplain Districts shall serve as a supplement to the underlying
district provisions. If there is any conflict between the provisions or
requirements of the Floodplain Districts and those of any underlying
district, the more restrictive provisions shall apply. In the event any
provision concerning a Floodplain District is declared inapplicable
as a result of any legislative or administrative actions or judicial
decision, all remaining provisions shall remain applicable and in
effect.
(e) District Provisions
(1) Permit and Application Requirements
(A) Permit Requirement. All uses, activities, and development
occurring within any floodplain district, including placement
of manufactured homes, shall be undertaken only upon the
issuance of a zoning permit. Such development shall be
36
1
undertaken only in strict compliance with the provisions of
this section and with all other applicable codes and
ordinances or sections, as amended, such as the Virginia
Uniform Statewide Building Code and the City's subdivision
regulations set forth in Chapter 31.1, Subdivisions, of the
City Code. Prior to the issuance of any such permit, the
Zoning Administrator shall require all applications to include
compliance with all applicable state and federal laws and
shall review all sites to ensure that they are reasonably safe
from flooding. Under no circumstances shall any use,
activity, and/or development adversely affect the capacity of
the channels or floodways of any watercourse, drainage
ditch, or any other drainage facility or system.
(B) Site Plans and Permit Applications. All applications for
development within any floodplain district and all building
permits issued for the floodplain shall incorporate the
following information:
(i) The elevation of the Base Flood at the site.
(ii) The elevation of the lowest floor (including
basement) or, in V zones, the lowest horizontal
structural member.
(iii) For structures to be flood - proofed (non - residential
only), the elevation to which the structure will be
flood - proofed.
(iv) Topographic information showing existing and
proposed ground elevations.
(C) Elevation certificates and floodproofing certificates.
(i) All applications for zoning permits for structures
shall include a standard FEMA elevation certificate
completed by a licensed surveyor or engineer.
(ii) All applications for nonresidential structures to be
floodproofed shall include a FEMA floodproofing
certificate, when applicable.
(iii) Prior to issuance of a Certificate of Occupancy, the
applicant shall provide a final FEMA elevation
certificate of the as -built construction.
(2) General Standards. The following provisions shall apply to all
permits:
37
(A) New construction and substantial improvements shall be
built according to this section and the Virginia Uniform
Statewide Building Code, and anchored to prevent flotation,
collapse or lateral movement of the structure.
(B) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over - the-top or frame
ties to ground anchors. This standard shall be in addition to
and consistent with applicable state anchoring requirements
for resisting wind forces.
(C) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
(D) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage.
(E) New electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities, including
duct work, shall be designed and /or located so as to prevent
water from entering or accumulating within the components
during conditions of flooding.
(F) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system.
(G) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood
waters.
(H) On -site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during flooding.
(1) In addition to provisions A — H above, in all special flood
hazard areas, the additional provisions shall apply:
(J) Prior to any proposed alteration or relocation of any channels
or of any watercourse, stream, etc., within this jurisdiction a
permit shall be obtained from the U. S. Corps of Engineers,
the Virginia Department of Environmental Quality, and the
Virginia Marine Resources Commission (a joint permit
application is available from any of these organizations).
Furthermore, in riparian areas, notification of the proposal
38
shall be given by the applicant to all affected adjacent
jurisdictions, the Department of Conservation and Recreation
(Division of Dam Safety and Floodplain Management), other
required agencies, and FEMA.
(K) The flood carrying capacity within an altered or relocated
portion of any watercourse shall be maintained.
(3) Elevation and Construction Standards. In all identified flood hazard
areas where base flood elevations have been provided in the FIS or
generated by a certified professional in accordance with subsection
(d)(2)C of this section, the following provisions shall apply:
(A) Residential Construction. New construction or substantial
improvement of any residential structure in Zones Al -30,
AE, AH and A with detailed base flood elevations shall have
the lowest floor, including basement, elevated to or above
the base flood level plus twenty -four (24) inches of
freeboard. In addition, all electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service
facilities, including ductwork, for new construction or
substantial improvement shall be elevated or floodproofed to
two (2) feet above the base flood elevation, also known as
two (2) feet of freeboard.
(B) Non - Residential Construction.
(i) New construction or substantial improvement of any
commercial, industrial, or non - residential building
shall have the lowest floor, including basement,
elevated to or above the base flood level plus twenty -
four (24) inches of freeboard. In addition, all
electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities,
including ductwork, for new construction or
substantial improvement shall be elevated or
floodproofed to two (2) feet above the base flood
elevation, also known as two (2) feet of freeboard.
(ii) Non - residential buildings located in all Al -30, AE,
and AH zones may be flood - proofed in lieu of being
elevated provided that all areas of the building
components below the elevation corresponding to the
BFE plus twenty -four (24) inches of freeboard are
water tight with walls substantially impermeable to
the passage of water, and use structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A
39
registered professional engineer or architect shall
certify that the standards of this subsection are
satisfied. Such certification, including the specific
elevation (in relation to mean sea level) to which
such structures are floodproofed, shall be maintained
by the Zoning Administrator.
(C) Space Below the Lowest Floor. In zones A, AE, AIL AO,
and Al -A30, fully enclosed areas, of new construction or
substantially improved structures, which are below the
regulatory flood protection elevation shall:
(i) not be designed or used for human habitation, but
shall be used solely for parking of vehicles, building
access, or limited storage of maintenance equipment
used in connection with the premises. Access to the
enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited
storage of maintenance equipment (standard exterior
door), or entry to the living area (stairway or
elevator).
(ii) be constructed entirely of flood resistant materials
below the regulatory flood protection elevation;
(iii) include measures to automatically equalize
hydrostatic flood forces on walls by allowing for the
entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by
a professional engineer or architect or meet the
following minimum design criteria:
(1) Provide a minimum of two openings on
different sides of each enclosed area subject
to flooding.
(2) The total net area of all openings must be at
least one (1) square inch for each square foot
of enclosed area subject to flooding.
(3) If a building has more than one enclosed area,
each area must have openings to allow
floodwaters to automatically enter and exit.
(4) The bottom of all required openings shall be
no higher than one (1) foot above the adjacent
grade.
(5) openings may be equipped with screens,
louvers, or other opening coverings or
devices, provided they permit the automatic
flow of floodwaters in both directions.
(6) Foundation enclosures made of flexible
40
skirting are not considered enclosures for
regulatory purposes, and, therefore, do not
require openings. Masonry or wood
underpinning, regardless of structural status,
is considered an enclosure and requires
openings as outlined above.
(D) Standards for Manufactured Homes and Recreational
Vehicles
(i) In all designated special flood hazard areas, all
manufactured homes placed, or substantially
improved, on individual lots or parcels, must meet all
the requirements for the zone in which they are
located for new construction, including the elevation
and anchoring requirements in this section.
(ii) All recreational vehicles placed on sites must either
(1) be on the site for fewer than 180 consecutive
days, be fully licensed and ready for highway
use (a recreational vehicle is ready for
highway use if it is on its wheels or jacking
system, is attached to the site only by quick
disconnect type utilities and security devices
and has no permanently attached additions);
or
(2) meet all the requirements for manufactured
homes in subsection (e)(3)(D)(i)
(f) Existing Structures in Floodplain Areas. Any structure or use of a structure
or premises must be brought into conformity with these provisions when it
is changed, repaired, or improved, unless one of the following exceptions is
established before the change is made:
_(1) The Zoning Administrator has determined that "
(A) A proposed change is not a substantial repair or substantial
. improvement,
(B) No new square footage is being built in the floodplain that is
not compliant,
(C) No new square footage is being built in the floodway, and
(D) The change complies with this section and the Virginia
Uniform Statewide Building Code.
(2) The changes are required to comply with a citation for a health or
safety violation.
41
(3) The structure is a historic structure and the change required would
impair the historic nature of the structure. The historic structure
shall be flood proofed to the extent practical in accordance with the
Virginia Uniform Statewide Building Code and FEMA Floodplain
Management Bulletin Historic Structures, FEMA P- 467 -2, as the
same may be amended or updated from time to time.
(g) Variances. Variances shall be issued only upon (i) a showing of good and
sufficient cause, (ii) after the Board of Zoning Appeals has determined that
failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) after the Board of Zoning Appeals has determined that
the granting of such variance will not result in unacceptable or prohibited
increases in flood heights, additional threats to public safety, extraordinary
public expense; and will not create nuisances, cause fraud or victimization
of the public, or conflict with local laws or ordinances.
In passing upon applications for variances, the Board of Zoning Appeals
shall satisfy all relevant factors and procedures specified in other sections of
the zoning ordinance and consider the following additional factors:
(1) The danger to life and property due to increased flood heights or
velocities caused by encroachments. - No variance shall be granted
for any proposed use, development, or activity within any floodway
district that will cause any increase in the one percent (1 %) chance
flood elevation.
(2) The danger that materials may be swept on to other lands or
downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary
conditions.
(4) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to
the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for
the proposed use.
(8) The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.
42
(10) The safety of access by ordinary and emergency vehicles to the
property in time of flood.
(11) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
(12) The historic nature of a structure. Variances for repair or
rehabilitation of historic structures may be granted upon a
determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure
and the variance is the minimum necessary to preserve the historic
character and design of the structure.
(13) Such other factors which are relevant to the purposes of this section.
The Board of Zoning Appeals may refer any application and
accompanying documentation pertaining to any request for a variance to
any engineer or other qualified person or agency for technical assistance in
evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related matters.
Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in unacceptable or
prohibited increases in flood heights, additional threats to public safety,
extraordinary public expense; and will not create nuisances, cause fraud or
victimization of the public, or conflict with local laws or ordinances.
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
The Board of Zoning Appeals shall notify the applicant for a
variance, in writing, that the issuance of a variance to construct a structure
below the one percent (1 %) chance flood elevation (a) increases the risks to
life and property and (b) will result in increased premium rates for flood
insurance.
A record shall be maintained of the above notification as well as all
variance actions, including justification for the issuance of the variances.
Any variances that are issued shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator.
43
Sec. 36.2 -335. River and Creek Corridors Overlay District (RCC).
(f) Permitted buffer impacts. The following development activities
shall be permitted within the required riparian buffer area of the
RCC Overlay District, provided no more land is disturbed than is
necessary to provide for the desired installation or construction, all
required permits have been issued, and any land disturbance activity
complies with all erosion and sediment control requirements of
Chapter 11.1 of this Code for the stabilization of disturbed areas to
minimize negative effects on the quality of surface waters:
* **
(3) Linear utility lines, railroad tracks, and — public streets; or
other public infrastructure improvements, and private streets;
R * *
Sec. 36.2 -336. Comprehensive Sign Overlay District.
* * *
(c) - Standards. All applications for review and approval of' a
Comprehensive Sign Overlay District shall comply with the
following standards:
(1) A Comprehensive Sign Overlay District shall be applied as
an overlay only to lots located within a residential
multifamily district, multiple purpose district, industrial
district, or planned unit development district;
* * *
and building me"Hted -� ..11......,:,. of the 8th0....is0
applicable zoning dishiet sign rpgulatiens; and
(4) The maximum sign area and dimensions, sign types, and
permitted sign characteristics shall be as established by
adoption of a Comprehensive Sign Overlay District.
44
* r *
Sec. 36.2 -406. Car wash.
(b) Standards.
* r r
(3) A landscaping strip consisting of evergreen shrubs and
deciduous trees as defined further in Section 36.2 -649 shall
be placed along any street frontage of the lot or portion of
the lot housing the car wash. The trees and shrubs shall meet
the minimum planting size as listed in Section 36.2 -642.
* r *
Sec. 36.2 -408. Day care centers, child.
* r
(b) Standards. The following standards shall apply to any day care not
licensed by the Virginia Department of Social Services:
(2) outdoor play area: When an outdoor play area is provided,
such r�� ..:a. tw. fellO .:,. "a
Wt as the day Pare ogntff and shall be Weated no
ejeseF to a" t than the main
b 1. ,lay ca t`.. and building occupied
°TT"°°°�Tvmcvo.,
,''''-,� oa." ^•�taao� play area shall be fenced to provide a
safe enclosure, " " "'' ""''T
r * *
Sec. 36.2411. Gasoline stations.
* * r
(c) Standards in the CG, CLS, and ! -1 Districts. Any gasoline station
located in the Commercial- General District (CG), Commercial -
Large Site District (CLS), or Light Industrial District (I -1), shall be
subject to the following standards for any canopy over a gas pump
island:
r * *
(6) A landscaping strip consisting of evergreen shrubs and
deciduous trees as defined furtber in Section 36.2 -649 shall
be placed along any street frontage of the lot or portion of
45
the lot housing the gasoline station. The trees and shrubs
shall meet the minimum planting size as listed in Section
36.2 -642.
(d) Standards in the CN and D Districts. Any gasoline station located
in the Commercial- Neighborhood District (CN) or Downtown
District (D), shall be subject to the following standards:
* **
(4) A landscaping strip consisting of evergreen shrubs and
deciduous trees as defined further in Section 36.2 -649 shall
be placed along the street frontage of the lot or portion of the
lot housing the gasoline station. The trees and shrubs shall
meet the minimum planting size as listed in Section 36.2-
642.
46
L
I Mal 11111111
Sec. 36.2 -429. Temporary uses.
(a) Applicability. Authorized temporary uses, including permitted
locations, duration, and maximum number per calendar year, and
whether or not a zoning permit is required, shall be as set forth in
Table 429 -1:
Table 429 -1. Temporary Uses
Sec. 36.2 -540. Zoning amendments.
(c) Procedures; filing ofapplication.
* * *
(2) An application for a zoning amendment to- rezeae-prepetty
shall be in writing on forms provided by the City, and filed
with the Secretary to the Commission, accompanied by
payment of all fees as set forth in the City of Roanoke's Fee
Compendium as adopted by City Council in accordance with
Section 15.2 -107 of the Code of Virginia (1950), as
amended. and ehaFges established 1....1.e r:.., r`wu
Sec. 36.2 -622. Exempt lighting.
* *»
47
Zoning
Maximum
Zoning
Districts
Maximum
Number per
Permit
Activity
Where
Duration
Calendar Year
Required?
Permitted
for Lot
* »*
Public events,
CN, CG, CLS, D, IN,
14 calendar
subject to subsection
ROS, I -1, I -2, IPUD,
days
Not applicable
Yes
(e), below
INPUD, OF
Public events,
Two
Two, with an interval of
exempt from
Any district
calendar
at least three months
No
subsection (e) below
days
between events
Sec. 36.2 -540. Zoning amendments.
(c) Procedures; filing ofapplication.
* * *
(2) An application for a zoning amendment to- rezeae-prepetty
shall be in writing on forms provided by the City, and filed
with the Secretary to the Commission, accompanied by
payment of all fees as set forth in the City of Roanoke's Fee
Compendium as adopted by City Council in accordance with
Section 15.2 -107 of the Code of Virginia (1950), as
amended. and ehaFges established 1....1.e r:.., r`wu
Sec. 36.2 -622. Exempt lighting.
* *»
47
0
The following outdoor lighting shall be exempt from the requirements of
this division:
(e) Outdoor recreation facility or sports stadium lighting subject to
Sections __.- _ 40 and - _ -,g;: 36.2 -315, 36.2 -322, 36.2-327,
and 36.2- 403(f);
Sec. 36.2 -647. Buffering and screening.
(b) Buffering and screening shall be located in such a manner that it
reduces or eliminates visual impact of the activity or use to adjacent
properties and streets.
(c) Where Table 647 -1 below specifies the location of buffering or
screening between an activity or use and an abutting zoning district,
the specified zoning district shall mean any abutting lot or any lot
directly across a street which lies within the specified zoning
district, regardless of the zoning of the property on which the
activity or use is to be conducted.
Table 647 -1. Buffering and Screening of Certain Uses and Activities
48
Buffering or
Minimum
Activity or Use
Location
Screening
Height
Materials
Wall of a principal
Between the wall and an abutting
Buffer:
building that contains
residential district or- nrAtiple}xupese
Deciduous trees
None
less than 15%
'' '"=t MXPUD
and evergreen
(transparency
district
shrubs
48
* **
Any commercial or
Between the location of the activity
industrial process or
and any abutting residential district,
Screen: Solid
68 feet
activity occurring
multiple purpose district, or PUD
fence or wall
outside of a wholly
district, located within 15 feet of
enclosed building
property line of the abutting lot or lots.
Perimeter of the mechanical equipment
Ground- mounted
Ground-mounted
would otherwise be visible from
Screen: Fence or
6" above the
mMechanical
equipment-ea-�eand,
any street frontage or adjacent
wall with 60% or
height of the
more than 36 inches in
property -
Exception: Not required where the use
greater opacity
tallest unit
height
is a single - family detached dwelling
Option 1
O
Option 1
Ground- mounted
Perimeter of the mechanical equipment
Fence or wall
above
6" above the
height of the
mechanical equipment
that would otherwise be visible from
with 60% or
tallest unit or
up to 36 inches in
any street frontage or adjacent
greater opacity
tion 2
height
property
Option 2
18 inches at
Evergreen shrubs
planting
' A4ixi- waFelteuse
�I
c..,: r... ....a ,...., a...u:eg
lesidefftial or .,._,,, fmffpese
gereen;-Selid
r:a .. ar
n,,...,�o„a m,r
6 -i6et
epevefgreeniree
sereen
» »»
Between the facility and any abutting
Buffer:
None
Outdoor sports facility
residential district.
Deciduous trees
Between the storage area and any
abutting residential district, multiple
Screen: Solid
Outdoor storage or
purpose district, or PUD district.
fence, solid wall,
6 feet
self - storage facility
Between the storage area and any
or evergreen tree
residential district, multiple purpose
screen
district, or PUD district across a street
Sec. 36.2 -648. Parking area landscaping.
(a) Parking areas shall be subject to the following buffering and
screening standards:
49
(2) Interior planting areas shall be at least eight (8) feet by
eighteen (18) feet, with a minimum soil depth of two (2) feet,
and shall include surface landscaping, mulch, grass or other
vegetative ground cover, or river rock. Interior planting
areas shall be located in one or more of the following
locations:
(A) Within an otherwise continuous row of parking
spaces so as to provide separation between groups of
parking spaces within a row;
(B) At the end of a row of parking spaces so as to provide
separation between parking spaces and an access'
aisle, driveway, street, alley or other paved area;
(C) At the end of a row of parking spaces so as to provide
a comer between rows of parking spaces that are
arranged at an angle to one another; or
(D) Between opposing rows of parking spaces or between
a row of parking spaces and an access aisle,
driveway, street, alley or other paved area.
* r
Sec. 36.2 -649. Standards for buffering, screening, and parking area
landscaping materials.
Materials used to meet requirements of Sections 36.2 -647 and 36.2 -648 shall meet
the standards of Table 649 -1.
Table 649 -1. Buffering, Screening and Landscaping Materials
F Materials I Standards
Evergreen trees Maximum spacing 8 feet on center
♦
See. 36.2 -651. Applicability.
The off - street parking and loading requirements of this division shall
apply to any new structure or use, any increase in intensity of use, including an
addition to or enlargement of an existing structure, or a change of existing use.
No Certificate of Occupancy shall be issued until required off - street parking and
loading spaces have been established in accordance with the requirements of this
division. The repetitive parking of a vehicle or vehicles in a turf grass area or
landscaped area that results in denuded or partially denuded soil shall constitute
the establishment of a parking area that does not meet the construction standards
of this section.
so
• r •
Sec. 36.2 -652. Minimum parking.
• • i
Table 652 -2. Required Parking Spaces
Use
Minimum Number of Parking Spaces Required
Calculated as 1 Space for Each Specified Unit
Maximum
Parking
Commercial Uses: Retail Sales and Service
Car wash
1.5 self - service bay
0.25 automated service bay
Y
• r r
See. 36.2 -653. Maximum parking.
r r •
(c) The maximum number of off - street parking spaces permitted, as
established in Section 36.2- 653(a), shall not apply to parking areas
utilizing permeable paver- pavement systems or to parking structures.
• r •
Sec. 36.2 -654. Parking and loading area standards.
• • i
(b) Construction and location standards. Parking and loading areas
shall comply with the construction standards listed below and as
shown in Table 654.1:
(1) All parking areas and loading areas shall be graded for
drainage and have an improved surface, except where an
alternative surface is permitted in Table 654 -1. Improved
surface shall mean concrete, asphalt, bituminous pavement,
brick or stone pavers, or a permeable pe�pavement
system.
(2) Where gravel or a similar surface is permitted in Table 654-
1, the Zoning Administrator may require a development plan
including satisfactory specifications for a sub -base and the
size, tamping, and containment of gravel and documentation
that dust will not be generated in an amount in excess of that
51
which would be generated by a paved surface or permeable
paver-pavement system prior to approval.
r a
(c) Pedestrian access. In the CG and CLS Districts, designated, clearly
identified pedestrian access shall be provided between off -street
parking areas and public entrances of a building or use which is
required to provide fifty (50) or more parking spaces, as set forth in
Table 652 -2, or which provides fifty (50) or more parking spaces.
Such pedestrian access shall consist of sidewalks or other walkways
of a minimum unobstructed width of five (5) feet which are surfaced
with concrete, asphalt, bituminous pavement, brick or stone pavers,
or a permeable par pavement system, are handicapped accessible,
and are separated from vehicular traffic by landscaping, berms,
barriers, grade separation or other means to protect pedestrians from
vehicular traffic. At all points where such pedestrian access crosses
the lane of motor vehicle travel, raised crosswalks shall be provided.
. s +
See. 36.2 -705. Nonconforming uses.
(g) Where the use of a structure is deemed nonconforming with respect
to the number of dwelling units or the residential use designation,
unoccupied spaces such as porches, decks, or accessory buildings
may be constructed or expanded.
Sec. 36.2 -709. Certain uses deemed not nonconforming.
Uses in existence in a district at the time of adoption or amendment
of this chapter, for which a special exception permit would be required if
they were new uses, shall be deemed conforming uses so long as they
continue in existence on the same lot. Once such use is abandoned for any
continuous period longer than two (2) years, any new use of the premises
must conform to the applicable district regulations.
• 3 i
Sec. 36.2 -841. - Powers and duties.
(c) Modifications. The Zoning Administrator shall have the authority to
grant a modification from any provision of this chapter with respect
52
to physical requirements on a lot, including but not limited to size,
height, location, or features of or related to any building, structure,
or improvements, pursuant to the procedures and standards set forth
below.
(4) The application fee for such modification shall be as set forth
in the City of Roanoke's Fee Compendium and as adopted
by City Council in accordance with Section 15.2 -107 of the
Code of Virginia (1950), as amended.
* r *
APPENDIX A. DEFINITIONS
* r R
Day care home, Adult: An adult day program offered in the residence of the
provider for up to three (3) aged, infirm, or disabled adults who reside
elsewhere. Such day care home shall provide services during only a part of
a twenty -four (24) hour day and such home shall not include any overnight
stays or overnight sleeping facilities. Services may include aid in personal
hygiene, eating and drinking, ambulation, or recreation. The maximum
number of adults permitted by this definition shall not include the provider
or anyone related to the provider by blood, marriage, or adoption.
Day care home, Child: A child day program offered in the residence of the
provider, serving one (1) through five (5) four (4) children at any one (1)
time, exclusive of any children related to the provider by blood, marriage,
or adoption. A child day program means a regularly operating service
arrangement for children where, during the absence of a parent or guardian,
a person has agreed to assume responsibility for the supervision, protection,
and well -being of children under the age of thirteen (13) for less than a
twenty -four -hour period.
* r •
Family day home: a child day program offered in the residence of the
provider or the home of any of the children in care for &i*-(6) -five (5)
through twelve (12) children under the age of thirteen (13), exclusive of the
provider's own children and any children who reside in the home, when at
least one (1) child receives care for compensation.
r • *
Mixed -use building: A single building containing more than one (1) type of
land use permitted within a zoning district, including residential,
commercial, and office.
53
0
Mobile food vending: the preparation or sale of food or beverage from a
motor vehicle, trailer or cart capable of being readily moved.
Permeable paver--pavement system: A gFid f�
,d 1. the ..a e.1. A..g C
this definition, a permeable paver aystea*6hall-have �rrneable vaias m4iieh
. A system consisting
of a surface pavement layer that allows water to pass through it into an
underlying reservoir layer specifically designed to temporarily store runoff
and either release it slowly or allow it to infiltrate into the subsoil. Such a
system may include pervious concrete, porous asphalt, permeable grid
pavers, or concrete pavers.
* **
River rock: Stone intended for decorative ground cover, characterized by a
rounded grain shape and having a grain diameter of no less than 3/16 of an
inch.
R * *
Self- storage building: A building that contains enclosed storage units
leased for long -term storage of personal property, where access to each unit
is provided from the interior of the building.
Self-storage facility: A facility designed to provide enclosed storage units
for long -term storage of personal property, where each unit has exterior
access, and which may include outdoor storage.
Short -term rental: An accommodation for transient guests where, in
exchange for compensation, a dwelling unit is provided for lodging for
thirty (30) days or less and which is not a "boarding house" or "group care
facility" as defined in this chapter. Such use may or may not include an on-
site manager. For the purposes of this definition, a dwelling unit shall
include only dwelling, single family, attached; dwelling single- family
detached; dwelling, two- family; dwelling multifamily; dwelling townhouse
54
or rowhouse; and accessory apartment, and shall exclude other group living
or other lodging uses specifically listed or defined in this chapter.
Transient guest: Any person who, for thirty (30) days or fewer, either at his
or her own expense or at the expense of another, obtains lodging in a
dwelling unit or hotel or motel as defined in this chapter.
* *
APPENDIX B. SUBMITTAL REQUIREMENTS
B -1. Basic Development Plan
(b) A basic development plan submitted for approval shall include a
completed application form, accompanied by payment of the required
fees.,
she e� • One copy of the basic development
plan, whether digital or paper, shall be submitted for any review by the
Zoning Administrator. -
(c) A basic development plan shall include the following information,
although the agent to the planning commission may waive any of the
following required information, if it is not needed to determine
compliance with a specific section of this chapter and if the agent
identifies such code section pursuant to Sections 36.2- 552(c) and 36.2-
553(c)(1)(13) of the City Code:
(7) Setback measurements for all existing or proposed structures on
the lot from all adjoining property lines;. If the development is
subject to the front yard dimensions for infill development in
Section 36.2 -313, delixeatien -ef-the shallowest established front
yard shall be delineated as required by that section ea-the-adjeining
�iwB) . Setback measurements shall be based on
the distance from adjoining property lines to the line parallel to the
street right -of -way that passes nearest that street right -of -way, with
such point being thirty (30) inches or greater above the graded
ground level. (If a structure has overhangs or eaves, setbacks
should be measured from the furthest projection of the overhang to
the street right -of -way on a line that is parallel to that street right -
of -way.)
55
(,)(d) If the application for basic development plan approval proposes
construction that will require a land disturbing activity in or upon critical
terrain that slopes towards adjacent properties, streets, alleys, streams, or
creeks, or if the proposed land disturbing activity is found by the zoning
Administrator to involve site - specific features which warrant a review of
erosion and sediment control or if such proposed activities are applicable
under Chapter 11.1 Erosion and Sediment Control, of this Code, a grading
and erosion and sediment control plan, prepared by a licensed professional
engineer, surveyor, or architect, shall be required. Where application is
made for a permit for the purpose of preparation for the construction of a
single - family residence, an agreement in lieu of a plan may be substituted
for an erosion and sediment control plan.
r * r
B -2. - Comprehensive Development Plan
r r r
(c) the. a copy of the Ten basic development plan, whether digital or paper, shall be submitted for
any review by the Zoning Administrator. The comprehensive
development plan shall be submitted for review, accompanied by payment
of the required fees.
(d) A comprehensive development plan shall include the following
information, although the agent to the planning commission may waive
any of the following required information, if it is not needed to determine
compliance with a specific section of this chapter and if the agent
identifies such code section pursuant to Sections 36.2- 552(c) and 36.2 -
553(c)(1)(B) of the Code of the City of Roanoke (1979), as amended:
* r *
(4) Parking, loading, and driveway requirements:
r * r
(K) If applicable, details of a permeable pavefpavement system
to be utilized to exceed maximum permitted off - street
parking pursuant to Section 36.2- 653(c).
r * r
2. This ordinance will become effective immediately upon adoption.
56
LI
3. pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
57
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
A public hearing was conducted by the Council of the City of Roanoke at its regular
meeting held on Monday, November 21, 2016, on a request of the City of Roanoke
Planning Commission to amend Chapter 31.1, Subdivisions, Code of the City of
Roanoke, (1979), as amended, to update the Subdivision Ordinance.
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the next regular meeting of City Council scheduled to be held on Monday.
December 5, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the Council Chamber.
Sincerely,
14'
Stephanie M. Moon R`em�olds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Barbara A. Dameron, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director, Real Estate Valuation
Bob Clement, Neighborhood Services Coordinator
Tina Carr, Secretary, City Planning Commission
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephane: (540) 8532541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: der k @roaankeva.gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
Assispmt Deputy City Clerk
November 22, 2016
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
A public hearing was conducted by the Council of the City of Roanoke at its regular
meeting held on Monday, November 21, 2016, on a request of the City of Roanoke
Planning Commission to amend Chapter 31.1, Subdivisions, Code of the City of
Roanoke, (1979), as amended, to update the Subdivision Ordinance.
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the next regular meeting of City Council scheduled to be held on Monday.
December 5, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the Council Chamber.
Sincerely,
14'
Stephanie M. Moon R`em�olds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Barbara A. Dameron, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director, Real Estate Valuation
Bob Clement, Neighborhood Services Coordinator
Tina Carr, Secretary, City Planning Commission
!� The Roanoke Times A =Donor Nnlnbcr
Roanoke, Virginia 6011439
Affidavit of Publication
Oate - -_I
November 08, 2016
S HE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
Cllate
Category
OescdPlion AU 5¢e
lolal Cosl ]
11/1412016
Legal Display Ads
PUBLIC HEARING NOTICE All PLIIHC hearings advedised hei 1 x 629 L
5,80648
Publisher of the
Roanoke Times
1, Ithe 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:
11101 11/0812016
The First insertion being given ... 1110112016
•Newspaper reference: 0000421308
_ N
Bi ing RepresslAtirv.,
Sworn to and subscribed before me this Tuesday. November 0, 2016
n
V / 1 V II IAl �-
Notary Pu is
State of Virginia
City/County of Roanoke d �0
My Commission expires iz lJU jiO
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
At IniInt, I.,Iu15 INvvcilly OPnmci
aiming, marm'mm�, poem 95q Noel
C rnYh Moire pal BuNNny. 215
CM1urtM1 Avrnne. S'W., poanoke,
Vlrginln. All nppllr:allnas antl proposetl
rrnbnenls au: available for review in
Ibr Pmnning, lee YB R 11,11Apmrnt
SIN.. poem , I 215 Clturell Avenue,
SIN.. Virglnla.
The City 01 puaooke Planning
Cpmmisslon will bold n pnhlic hearing
on Novenlhvr IA, 2016, at 1,301,a,, or
Ihr naller my be beard
!o i as r , a
mnsitler Ibesu appllcnllam antl
",3,m, Ceapicrl33,J sunnms an. 360
mr Fee CompmMam m Ibe City,
L Applications
A_ rendering by Ivy View, LLC, to
repeal if receptor, pronered as pad
pia previous rezoning and amend the
Planned Und Development Plan as It
,,Oct.' to the ,miner 3,e; III at
2207, 2203, 0, 2219, o. and 2211 Franklin
Road, SW., hearing official Tax Nos.
1150102. 1150104. 1150106 115010$
1150112, and 1150113, respectively.
The consider, proposed for repeal,
bad met throe,, haracter of
oramance No. 40062016 w. ol,mro
three (3) new entrances with a divider
med an and restricted traffic flows:
require architectmIf compalib'gity of
III bard,,,, an the site through
materials and style: restrict the height
Or buildings: require transparency.
primary area nice, and articulation to
,event blank walls oa building faced,,
twinge Franklin Road, restrict the
an, Eb antl location of
freestanding con,
ign, ground signs, and
bantling slum, andare Illumination
mnrlmrery. nu• applmatipn n: lu
Dennu use arm, prpperbes sub rcl m
Ibr app,cation to Ihose
prrvvlmn'ly pronged antl aucp1ii
09151914 nn Sepl mbera lS ID194000-
IM, use rntrgums perm llCd n the
INPUD Ostrd IacWde msidenNal:
ncmnnmotlallons and group livmgl
c'inl; embly antl
mtrogymmenl; Dnblit institutional antl
utiunity lacililies: tmnsportaliorl:
lity, agncldlpral: and eeessory,
.1h. a mm gam tlaPai" of o
dwelling unit fper 1,000 spuaR feel of
lot her. The en err6rnnvn .,h..
do,!,nalrs osMal IM1e err
tnd and genera
but does net speed
Glee establishments
8. Application by the
m rezone and repei
Proffered as pan
rezoning pa property
Bids I Dave. N -E,
Tax Map No. 2230101
oaoscial District, will
po5. Recreation a0
fficniCL to 1'1, Light II
The conditions Lo be
are related to the sale
which Is no li nee
City of Roanoke
property, and one
impaslliaa of "On,
which Is na longer nee
m,rhouve 0......I, ,
the recording of a del
"Decd of Restriction
mvwmke Center for
Technology." dated A,
land use categories p
indutle ComnleI'm
mehouang and
assembly and oilcan
Iareddalimal and romp
frareportatim, a fifty; 0
accessory, with a ,min
ratio of 20. The cam[
designates the prop,
adentral antl r .... at.,
Oct does at spedfv
"I",
uses.
Ia any
IL Proposed Amrpdmenls
of the
i for a
A. Proposed amendments he I
.,al or
36.2. Zagers, of has Code of me
use but
m ,roar,
m: or 9rommn, ,emu
CITY e6tablt5bment, net 0(berxlpe
ISIe6 mg establishment nnot abetting n 11
III IIIderadl eaig Ford ddnky
dihllm meritg a ,sie
distill: eler anmer e11ah6hmart
,mut ta g
pilot r"I'd ial IhsUfc,
wnedatllI eiol district dth
abutting a res"no,, district aeadh
antl tttness coif,; ,alit
parking, oil- site: and dd tl th welling
to the
to
Fn
g, con,tlamr, a
comprebenntve r ...... g ar char,, of
any deoslne, that would ,....rise
Permitted density in any tlislric f.
I otbereell noted.
1. See 3C2 205, Dim 11110 a a1
l
Yard Ed ... scdurnar ls, to Rarity that the
depth of a treat Yard is to he measumtl
from the front of the building or the
front Ifne of an exlsft, porch, and trial
wbrnever a 1111i ramp Is glare
c1rrpchmrnf c +Is LS soPh n resldrn ul
se, the deg III 'hall be measured toIn
IM1e ,heel Io the front buitllny tor;
L Srr. 3fi.2d11, Uir Inble fOr
besmeouen msl rids,, min "may ear.
in Off solar as as0etlol rxmipllmn us.
m all reslJpnlnl districtsl
3. See, 36 2,312, 0immaslpnpl
regulations for residential districts, la
.Ilminale 5ertion 36]313 Gpnt yarel
he MF
t district,
R ents inlill Development in
IM1eMF m;
9. See. 362313, Front yard dimensions
tar thin development, to provide that
Ior off Uavelape"t the amain
front Ford shall be the depth at the
most shallow front yard fall the
mmum Imnl yand shall be the
dogle between the most shallow and
eepest established from vales, in
oases where the most ebellnw
mtamishea bout yard s deeper him. a
or, ,at I manlmum front yard:
5 See 36.2 -315, Us, table far mulllple
Purpose districts, to add Short team
rental as a permitted mean the Cm CG
he CC sCIS
Fr sta.,
time are
ana
rtc0 to atld
ding and
abed r, a
ing and
butting a
I
a permn". a', m me IN and
Roy district, to add Meeting halt, nor
abutting a resdential district as a
permitted use is the DO, CG, CE, D, IN
ROS, and OF district,. to add Day rare
Car, adult, as a ipenal gambling use
In tae st CN, D and OF districts, and to
add Supply pantry as a permitted use
In the CO. Ct S, De and OF district,;
6. Sec. 36. 2 -116, Dimensional
regulations for mu111D1e purpose
dis Dicls, to apply Section bel 118
pedestrian access requirements to the
M% and D disldcl,',
2. Sec. 36.2318, Pedestrian access, to
,larger a reference to a pngerr e
pavement system:
d Sec 36.310, Building placement
.tad fa {pde transparency dmdnrds inn
maniple ppi districts, to ,,.aid,
that the required location of a primary
,nimnce fn multtp,e purpose tldled,
be laborer the m dl mum and
gaIrwt
yard Imes;
9. Sec, 36.2322, Use table for intlantral
dtstricls, to add Kenneth Outdoor pens
- a special exn•phnlr use in
dui uii, dichi h to nefero me Mom
warebmrsr use; to I'M self am".",
haillrinn aml Srtbstungu huddle, a
Pu.dVed all 1 Initial To
dlslnds: ull in make Outtlonr
cedllon laobty Iryhtem or spins
sled",. Gghte, a patch al"Ifinn
uv..nnerfe' hOdardents:
10. Sec 16.2 -32L Unit tail, Ia. ptnnned
unit deveropmud hi rif is to add
Animal hospital o Atcrinary 11.11,,
outdoor pens or runs. as a permitted
In Ibis eUIU 01rril and to and Sell
Mara, on ng a, a ,.mined use in
the Margin 'I rich
1I Section 36.2333. Roof In Overlay
Wryinta. 1195p. as amended, and
egnlalians a(Ihe Virginia start menl
of Can ... colonel did ge[redher, In eel
(crib and Iceland (a, the purpled and
applicability of the foodpline
vultr ion's of sarli m,de ion; Other,
terms used In the .action: to bili0oad
the Zoning Admiaislmer as this
addhoodalm Of the Iloodplain averMy
district regulatiun5 dif to enumerate
the duties of the Zoning Administrator
In connee6an with administrant the
mtle ..Hoot to provide far the
Inlerprelalla, ol. and cban,,, to flood
rate mops and
dtlmimication of amendment, branch,
to establish a Ilooduan overlay
district and Irma Lyeas and special
hand heard areas within the overlay
act h,.dude naadways, A mows,
AT mites. At 30 mites. At mites, and
elevatmns ad'. rite..
Perntage annual chance O
ce Of [federal,
or have been p rimmed n
identified as meal Of shallow heading
Ia mobibit encroachments In the
ndoriwny such by Ill, new enmlmdrog
substantial improvements, or other
decampment normal, it is demonstrated
that the .roomed ancmetica t will
not located flood levels i the
yourrain mew to iden[d, heinduc al
ripe .ions, Public and private
national as e s, botanical gardens,
end ac be„ory re titled till all r M
Per us In a thrown, to
.dent'[, Cmaa givrom, strvl
oti0ty diddhmiore..¢wAI. at wat,l
incident i d
cilil quarry an mining
maratme, dom9e dl certain
materials. and placement. storage ui
r natio
enal vehicle under cenam
'ca Innis and time limlamims as us es
permitted by special erreptido br a
targets, to esab"Id, renoemenel for
eleven.. it nit mngructmn of. he
".Israel"[ Imprryme- a al,
resr,dM al structures In spinal tined
he ..N areas: to e,I,bi.lh
r"Rommea(s Iar elevation or flwa
pmoling Iar new onshunoan of, or
suMtanmal ouproaemenn to,
residential structures In .penal Ilootl
hazard area, : to l rem dremenls d tar permit", one TO
,,,bit ime,cmns for ccast ... tied 0
Islabhsh (1, on alandod, for new
m�n slruriIsn and mclulml:d
lp a rinof.. sm,l as ran,lan",
with Nit Vlnllma Motto re SMlrwdi,
Brddeal coal ......I in0 of sour tom e,
of Ilootl damage r .sail
mnlor nls antl ,ploy childhood L u e If
moth, I, nM Inlloolls to m
Ilootl damage, Incatlen ad nlecldW�
mating se llallnn fakelMn9, air
flunditirable equalmem to prevent
ood aims from entering
.,tang Into equgaaenl,
Ill of water "I'll. callllall
sewage, and I, site, wile disposal
[additonal of flood sales, rlo rerllire a
permit and provide far 'Orion he
affected luri'd,,(.... when
wercourse or end ... I is alter,,) a,
at
relaxed, and to regal,, that the Ilootl
,easing [,,,,city within an altered or
,located prim., .11 walermu,,, be
faimainea to sai lLSb reglliremenls
ar elevation or flood - pmoling of new
a udemetwit or subsantlal
mpravements to, two (2) feet above
base nand elevation: to establish
standards tar u and design for
spaces below [hedlowest Moor of a
slracture; to establish standard, far
manufacture(] homes and recreational
ehidesl to establish regulations for
x.. far, structures mid hear,
structures and exceptions to such
"'Mattel and to establish a process
a d sta,cmd, for variances Issued by
the Roanoke City Board of Zoning
Appeals from the regrdatim s.
12. See 362 -335. River antl Creek
Corridors Overlay Chbiat, to add
pewale streets as permitted buffer
impacts;
IT, Sec. 362336 Completely" sell
Overlay Matricl, to allow the debrict (n
be mappetl over a madantial
multifamily district and to make
applicable requirements In the
Comprehensive Sign Overlay,Daymcl,
shined to Satmvm sign a , sign
hUl Ill about and sign
Translucently, to be dd ermine,"by(be
adoption of sq[h wenay akmcC
14 Sec. 36.406, Car wash, to add
lantlscapin9 requirements for the
street irden(age of arwash.
otter, to dehlete the equlremenl that an
evident play area be located on the
,me lot os the day [are [enter: In
delonthe rrequirement that a play area
be located no closer to the street than
the main maddleg occupied by the day
center add to Relele the
proNbibmn ni pedestrian al that
III the [ ossng of a vehimllar
right of way'.
16 Sec TEO 411, Gasoline satinns,(a
bad laddhi g capecamea fee the
street (o nta yd ale gasoline Ilecon .n
the CG CIS 1 -1.CN and Mlstree,
IZ. Sec. 36 a
2415, Min, when oses,(o
delele screening, landscaping, layout.
height bilk standards and other
slnmlarrls as they apply In 11111
Ix Sec 36.2429, Trmmonry uses. and
Table 429'1, luulpnmry ucel. be eTtricl
any Ilidlricl the maximum dumbed,
of pralad winds exempt Imm m ig0
Permit trouble to two [aleem
days and to limit s.In face, to Iwo, with
all mlmval of It feet twee months
betwe,m "I'll'. wialn a oalendar
Veer,
19 36,2540, Zoning amendments, la
clarify that an application for a zoning
amendment draft require payment of a
be as established by City Council In
the City 5 fee compendium:
20 Sae 36.2 Sale), Exempt ouhlnor
rralion laailily or SPOtls stadium
Righting. to comet references to other
edions of the zoning ordinance that
regulate such exempt lighting:
Zl. See. 36.2641, Buffering and
dial io require that buffering and
screening materials be located in such
T way as to reduce the visnat Impact of
T u wild, far. edu.
ce
pndicatrs a awnd sheets:
22 Table 6421. Buffering antl
Screening Of Certain Uses and
Activities, to require buffering far a
with with less than 15% transparency
between the wall and any M %PUO
footed and to deele such
Purpose diistrict, and thee INP Oliaad
far outdoe, comm.
iagdmg to be locate
I property line: to
and
23. Sec. 36.264$ Parkin
lantlscapin9, 10 allow river rock a, a
ground cover for Ite planting
areas; era to specify rondo's It
inerio planting areas in relation to
taws of f parking sga[p5:
24. Table 649 t, Buffering, Screening,
antl re a¢aer,MalenalgaaddanBfeet maximum spacing requirement for
evergRen trees,
25. See. 361 651. Applicability, to
dully that repetitive parking In a buff
grass area or landscaped area resoling
n theam ed soil shall constitute a
,.Frog area that does at meet
[vital' conslrread standas,
26. Table 6522, Required Parking
Spaces, to dabablish al space per h5
"If loryice My and A 1 space per 0.25
anlomnbed Reflect bay as units far
re coating the parking curricular lot
uwa,h
11 . Se[. 342651, M.uimwn Vark'u10,
Inl1 are . 36.2 -654, Parking and leading
aILI ded'.lu elan(, a reference to
a penlll'able Pavn man sytlenc
28 . Sec. 362 105, Nonconforming uses,
in allow her mg"Peem. 0 incarnated
+pares Of a forlorn ...hiring e
mnmrming use e where verb
Ir mnformty 1, due to the number of
dwelling mils or ackh Vel eve
29. See 36.2 -]o9, Cinfurp uses deemed
not in annmmim. to time uses in
eistence al the time of amendment of
the zoning oNinance to be considered
not nonronmmorm uses. II mill u
oum rnguac o "arils c.reption
w
permg If they wcm new uses;
30. Se[, 162841, Powers and duties, to
provide For A refemncb m the fee
ommerce. for an application for a
resphu .then by the banned
mlministholm(5250).
31. Appendix A, Criminal, to ,tuft@
be new de8nitmns of Day care home
adult, mobile food vending', Polaroid,
aavameat system; River reek: Self
storage buihfing, ClIfferarle (relit,',
Short term rental: and transient mars,
to amend the refine... of Day car,
dome child, and family day home: and
In deletr the earthen of Mcm
Form...: amt
32. Appendix 0, Submittal
requirements, to amend the farm and
umber of copies of a basic
d,eai.pment plan or .mp,,h... as,
d ... ki memt plan required to be
submitted for review, to provide for
delineation off the shallowest
established front yard as determined
by Sec. 362313, 11 a development is
subject W such section, on a tlasic
deellrpmenf plan, and to clarify a
reference to a permeable pavement
'etem.
B. Proposed amendments to Chapter
31.1, Subdivisions, of the Code of the
City of Respond, (1979). as Amended:
33, Add Sec 311 -303, Additional
rerleimick's foe SWdie .... as In th0
Ilomlpinm or mount buffer areas, to
meaid, regulations cedairs, to
establishment of Subdivisions
o
minermlaln or rl dame buffer areas re
aze nand damage and exposure
nova nar.ms
3a. See 31A 6ol, Review fees. to create
a reference to the Fee Compendium of
the City of Roanoke for lees fin
,on ... tire with plat and plan review,
35 Appendix B,B t, Requirements for
,mbr mory subdlvmon sue pons, to
require delineaion of unor, Rood
areas in 'edam D,a. .submitted for
approval: dad to identify ...areml,
Making areas fell Monteres as Items
regldred to be shown on a site plan:
antl
3' Appendix B, 8 4, Ishanolneul[ bur
final Moon,lslon sate Plan. to mrWim
delmraboo of special need bnznol
re,, antl highways no fin
dimensional layout plan, easier, and
fedimenl [.midi plan, shuns alrr
roger rut Vran, Pholies plan, and
street plan.
C Proposed amendments to the Fee
Compendium of the City al Roanoke
pmsuanl to the authority ob term in
Seddon 15.22286(6) antl 5e[tianl5l-
2241(9) of the Code (it Virginal (1450).
as amrnnen:
1. Repeal the busting fee schedule for
rings and establish a$, NO fee fur
Ieadmenls to the c ring map,
ncluding [enter. rings and
amendments to molphol [amit'rem;
2. Establish a $250 fee for a zoning
modification; Rod
3. Establish a feeof$I50f0rreviewolf
marter subdivision plop establish a I„
ef$50 far... aria. of A plat be a portion
of plat; establish a lee of $220, plus
S50 per lot fora major abdivemn plat.
and establish a fee of SSW. plus 225 per
able ,.Aron the ... I Or A
subdivision site plan.
The Ordinances selling the
mendmeats described chafe shell be
effective upon adoption by the City
Council for the City of Roanoke.
The ,..posed amendments alb
available for review in the Department
of planning, Building and
Oevelopment. Roam 166. met C. Taylor
Municipal BWldf.,. and online al
http: / /roanokeva.guv /planning.
Time M, Carl. Secretary, City Planning
Cement .... c
City Council will hold a public hearing
on the aforesaid applications and
Proposed amendments on November
21, 2016, at 7:00 p.m., or as soon as the
matters may be beard.
Any person with A disability requiring
any special acceorm00aform to attend
or participate in the bearings should
contact the City Clerks office at (50)
853.2541 At bast five days prior to the
scheduled hearing.
Stephanie M. Moan Reynolds, AMC.
City Clerk
(421309)
PUBLIC HEARING NOTICE
PUHI.IC IILARINU NO"1'KT,
All puhlic hearings advertisud harin 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 Laid proposed amendments arc available For review in the Planning, Building, &
Development office, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on November 14, 2016,
at 1:30 p.m., or as soon as the mnticis may be heard, to consider these applications and proposed
amendments to Chaptcr 36.2, Zgnii ig, Chapter 31.1, Subdivisions, and the Fee Compendium of
the City:
1_ Applications
A. Application by Ivy View, LLC, to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as it pertains to the properties
located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. The conditions
proposed for repeal, adopted through enactment of Ordinance No. 40062 - 091514, require
three (3) new entrances with a divider median and restricted traffic flows; require
architectural compatibility of all buildings on the site through materials and style; restrict the
height of buildings; require transparency, primary entrances, acid articulation to prevent blank
walls on building fagades facing Franklin Road; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels for parking
and drives to be eight foot candles or less; require certain parking lot lighting design; require
proffered conditions to bind any portion of parcels subdivided or re- combined; and limiting
the use of the property to use of the properties for a financial institution; office, general or
professional; business service establishment, not otherwise listed; medical clinic; mixed use
building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
entertainment establishment, not abutting a residential district; health and fitness center;
meeting hall; parking, off -site; and dwelling, multifamily. The application is to permit use of
the properties subject to the application to those uses previously proffered and accepted by
the adoption of Ordinance No. 40062 - 091514, on September 15, 2014. The land use
categories permitted in the INPUD District include residential; accommodations and group
living; coummercial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with a maximum density of own
dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the
property for light industrial and general commercial use, but does not specify density. The
proposed use of the property is retail sales establishment.
B. Application by the City of Roanoke to rezone and repeal all conditions proffered as part of a
previous rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax
Map No. 7230101, from 41, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to I4, Light Industrial District. The conditions to be repealed
include one related to the sale of the property, which is no longer needed because the City of
Roanoke purchased the property, and one related to the imposition of restrictive covenants,
which is no longer needed because the restrictive covenants were imposed by the recording
of a document entitled, "Deed of Restriction Addition to the Roanoke Center for Industry and
Technology," dated April 2, 1992. The land use categories permitted in I -1 include
commercial; industrial; warehousing and distribution; assembly and entertainment; public,
institutional and community facilities; transportation; utility; agricultural; and accessory, with
a maximum floor area ratio of 2.0. The comprehensive plan designates the property for light
industrial and recreation /open space, but does not specify density. The proposed use of the
property is beverage manufacturing and ancillary uses.
II. Proposed Amendments
A. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979),
as amended, by amending and reordaining, adding or deleting the following code sections to
update, clarify and make the City's zoning ordinance easier to use for its citizens, and to
make the City's zoning ordinance consistent with state code, such amendments not
constituting a comprehensive rezoning or change of any densities that would decrease
permitted density in any district, unless otherwise noted:
1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -1, Permitted Yard
Encroachments, to clarify that the depth of a front yard is to be measured from the front
of the building or the front line of an existing porch, and that whenever a handicap ramp
or other encroachment exists with a residential use, the depth shall be measured from the
street to the front building line;
2. Sec. 36.2 -311, Use table for residential districts, to add "Day care home, adult" as a
special exception use in all residential districts;
3. Sec. 36.2 -312, Dimensional regulations for residential districts, to eliminate Section 36.2-
313 front yard requirements for infill development in the RMF district;
4. Sec. 36.2 -313, Front yard dimensions for infill development, to provide that for infill
development, the minimum front yard shall be the depth of the most shallow front yard
and the maximum front yard shall be the average between the most shallow and deepest
established front yards, in cases where the most shallow established front yard is deeper
than a district's maximum front yard;
5. Sec, 36.2 -315, Use table for multiple purpose districts, to add Short-term rental as a
penmitted use in the CN, CG, CLS, D, and OF districts; to add Animal hospital or
veterinary clinic, outdoor pens or mns, as a special exception use in the CN, CG, CLS, D
A
and OF districts; to add Kennel, outdoor puns or runs, as a special exception use in the
CG, CLS and OF districts; to add Sclf- storage building as a special exception use in the
CG, CLS, D districts and as it icrnnitled use in the OF district; to add Eating
establishment, Eating and drinking establishment, not abutting a residential district, and
Gating and drinking establishment, abutting it residential district, as special exception
uses in the MX district; to add Meeting hall, abutting a residential district, as a special
exception use in the CN, CG, CLS, D, and OF districts, and as a permitted use in the IN
,aid ROS districts; to add Meeting hall, not abutting a residential district, as a permitted
use in the CN, CG, CLS, D, IN, ROS, and OF districts; to add Day care home, adult, as a
special exception use in the MX, CN, D and OF disticts, and to add Supply pantry as a
permitted use in the CN, CLS, D, and OF districts;
6. Sec. 36.2 -316, Dimensional re eat tiOils for mrdtinle purpose districts, to apply Section
36.2 -318 pedestrian access requirements to the MX and D districts;
7. See. 36 -2 -318, Pedestrian access, to clarify a reference to a per pavement system;
8. Sec. 36.2 -319, Building placement and facade transparency standards for multiple
purpose districts, to provide that the required location of a primary entrance in multiple
purpose districts be between the minimum and maximum front yard lines;
9. Sec. 36.2 -322, Use table for industrial districts, to add Kennel, outdoor pens or nos, as a
special exception use in the 1 -1 district, to delete the Mini - warehouse use; to add Self -
storage building and Self- storage facility as permitted uses in all industrial districts; acid
to make Outdoor recreation facility lighting or sports stadium lighting a special exception
use in all industrial districts;
10. Sec. 36.2 -327, Use table for planned unit develo nn�nent districts, to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a permitted use in the IPUD District, and to add
Self- storage building as a permitted use in the MXPUD district;
11. Section 36.2 -333, Floodplahn Overlay District, to repeal the existing section and to adopt
new regulations required for local compliance with the Code of Virginia, (1950), as
amended, and regulations of the Virginia Department of Conservation and Recreation, to
set forth and provide for the purpose and applicability of the floodplain regulations; to
establish penalties for violations of such regulations; to define terms used in the section;
to designate the Zoning Administrator as the administrator of the floodplain overlay
district regulations and to enumerate the duties of the Zoning Administrator in connection
with administering the code section; to provide for the interpretation of, and changes to,
flood insurance rate maps and administration of amendments thereto; to establish a
floodplain overlay district and flood zones and special flood hazard areas within the
overlay district, to include floodways, A zones, AO zones, Al -30 zones, AE zones, and
AH zones, such zones defining flood elevations based on a certain percentage annual
chance of flooding, or have been approximated or identified as areas of shallow flooding;
to prohibit encroachments in the floodway such as fill, new construction, substantial
nrpnrvcmcnts, m other d eve I opmenl unless it is demonstrated that the proposed
encnmoluncnt will not increase flood levels in the community; to identity agriculhtral
operations, public nud private recreational uses, botanical gardens, and accessory
residential uses as permitted uses inn doodway; to identity certain accessory strucbrees,
utility distribution, scwagc ur water treatment facilities, quarry and mining operations,
stumgc of certain materials, and placement in storage of a recreational vehicle under
certain conditions and time limitations as uses permitted by special exception in a
Iloodway; to establish requirements fur elevation of new construction of, m substantial
improvements of, residential stuc[ures in special flood hazard areas; to establish
raluiremmnts to] elevation or flood- ptoofing for new construction of, m substantial
improvements to, non - residential structures in special flood hazard areas; to establish
requirements for permits, and to permit applications for construction; to establish general
standards for new construction and substantial improvements, such as compliance with
the Virginia Uniform Statewide Building Code, anchoring of structures, use of flood
damage resistant materials and utility equipment, use of methods and practices to
minimize flood damage, location of electrical, heating, ventilation, plumbing, air
conditioning equipment to prevent flood waters from entering m accumulating in such
equipment, design of water supply, sanitary sewage, and on -site waste disposal systems
to minimize or eliminate infiltration of flood waters, to require a permit and provide for
notice to affected jurisdictions when a watercourse or channel is altered or relocated, and
to require that the flood carrying capacity within an altered or relocated portion of a
watercourse be maintained; to establish requirements for elevation or flood - proofing of
new construction, or substantial improvements to, two (2) feet above base flood
elevation; to establish standards for use and design for spaces below the lowest floor of a
structure; to establish standards for manufactured homes and recreational vehicles; to
establish regulations for existing structures and historic structures and exceptions to such
regulations; and to establish a process and standards for variances issued by the Roanoke
City Board of Zoning Appeals from the regulations;
12. Sec. 36.2 -335, River and Creek Corridors Overlay District, to add private streets as
permitted buffer impacts;
13. Sec. 36.2 -336, Comprehensive Sign Overlay District, to allow the district to be mapped
over a residential multifamily district and to make applicable requirements in the
Comprehensive Sign Overlay District related to maximum sign area, sign height, sign
types, and sign characteristics to be determined by the adoption of such overlay district;
14. Sec. 36.2 -406, Car wash, to add landscaping requirements for the street frontage of a car
wash;
15. Sec. 36.2 -408, Day care centers, child, to delete the requirement that an outdoor play area
be located on the same lot as the day care center; to delete the requirement that a play
area be located no closer to the street than the main building occupied by the day care
center; and to delete the prohibition of pedestrian access that requires the crossing of a
vehicular right -of -way;
16. Sec. 36.2-411, Gasoline stations, to add landscaping rcquircmcnts lot the shect frontage
of it gasoline station in the CG, CLS, 1 -I, CN and D Districts;
17. Sec. 36.2 -415, Mini - warehouses, to delete screening, landscaping, layout, height, bulk
standards and other standards as they apply to mini - warehouses;
18. Sec. 36.2 -429, Temnorary uses, and Table 429 -I, Tem orary uses, to restrict in any
district the nwxinnim duration of public events exempt from zoning permit requirements
to two calendar days and to limit such uses to two, with an interval of at least three
months between events, within a calendar year;
19.36.2 -540, Zoning amendments, to clarify that an application for a zoning amendment
shall require payment of a fee as established by City Council in the City's fee
compendium;
20. See. 36.2- 622(e), Exempt outdoor recreation facility or Sports stadium lighting, to correct
references to other sections of the zoning ordinance that regulate such exempt lighting;
21. See. 36.2 -647, Buffering and screening, to require that buffering and screening materials
be located in such a way as to reduce the visual impact of a use or activity from adjacent
properties and streets;
22. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to require buffering
for a wall with less than 15% transparency between the wall and any MXPUD district
and to delete such requirements from the Multiple Purpose districts and the INPUD and
IPUD districts; to require the location of a screen for outdoor commercial or industrial
processes outside a wholly enclosed building to be located within 15 feet of a property
line, to require perimeter screening for ground- mounted mechanical equipment more than
36" in height; to require certain perimeter screening or plantings around ground - mounted
mechanical equipment up to 36" in height; to delete screening requirements for Mini -
warehouse; to require buffering for an Outdoor sports facility; and to require screening of
a Self- storage facility;
23. Sec. 36.2 -648, Parking area landscaping, to allow river rock as a ground cover for interior
planting areas; and to specify locations for interior planting areas in relation to rows of
parking spaces;
24. Table 649 -1, Buffering. Screening, and Landscaping Materials, to add an 8 -foot
maximum spacing requirement for evergreen trees;
25. Sec. 36.2 -651, Applicability, to clarify that repetitive parking in a turf grass area or
landscaped area resulting in denuded soil shall constitute a parking area that does not
meet certain construction standards;
26. Table 652 -2, Required Parkingjjaccs, to ustablish it I space per L5 self- service bay ,in(]
it I space per 0.25 autonuaod service, bay as units for calculating the parking requirement
fur it car wash;
27. Sec. 36.2 -653, Maximum parking, and Sec. 36.2 -654, Parking and loading area standards,
to clarity a reference to it permeable pavement system.
28. Sec. 36.2 -705, Nonconforming uses, to allow the expansion of unoccupied spaces of a
structure containing a nonconforming use, where such nonconformity is due to the
number of dwelling units or residential use designation;
29. Sec. 36.2 -709, Certain uses deemed not nonconforming, to allow uses in existence at the
time of amendment of the zoning ordinance to be considered not nonconforming uses, if
such uses would require a special exception permit if they were new uses;
30. Sec. 36.2 -841, Powers and duties, to provide for a reference to the fee compendium for
an application for a modification by the zoning administrator; ($250);
31. Appendix A, Definitions, to provide for new definitions of Day care home, adult; mobile
food vending; Permeable pavement system; River rock; Self - storage building; Self -
storage facility; Short -tern rental; and transient guest; to amend the definitions of Day
care home, child, and family day home; and to delete the definition of Mini - warehouse;
and
32. Appendix B, Submittal requirements, to amend the form and number of copies of a basic
development plan or comprehensive development plan required to be submitted for
review, to provide for delineation of the shallowest established front yard as determined
by Sec. 36.2 -313, if a development is subject to such section, on a basic development
plan, and to clarify a reference to a permeable pavement system.
B. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke,
(1979), as amended:
33. Add Sec. 31.1 -303, Additional requirements for subdivisions in the floodplain or riparian
buffer areas, to provide regulations pertaining to establishment of subdivisions in
floodplain or riparian buffer areas to minimize flood damage and exposure to flood
hazards;
34. Sec, 31.1 -604, Review fees, to create a reference to the Fee Compendium of the City of
Roanoke for fees in connection with plat and plan review;
35. Appendix B, B -2, Requirements for preliminary subdivision site plans, to require
delineation of certain flood areas in certain plans submitted for approval; and to identify
separately, parking areas and structures as items required to be shown on a site plan; and
36. Appendix B, B-4, Requirements for final subdivision site plan, to require delineation of
special flood hazard areas and floodways on the dimensional layout plan, erosion and
sediment control plan, stormwater management plan, utilities plan, and sheet plan.
C Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the
authority set forth in Section 15.2- 2286(6) and Section 15.2- 2241(9) of the Code of Virginia
(1950), as amended:
I . Repeal the existing fee schedule for rezonings and establish a $1,000 fee for amendments
to the zoning map, including certain rezonings and amendments to proffered conditions;
2. Establish a $250 fee for a zoning modification; and
3. Establish a fee of $150 for review of a minor subdivision plat; establish a fee of $50 for
vacation of a plat or a portion of a plat; establish a fee of $220, plus $50 per lot, for a
major subdivision plat, and establish a fee of $500, plus $75 per acre or portion thereof,
for a subdivision site plan.
The ordinances adopting the amendments described above shall be effective upon adoption by
the City Council for the City of Roanoke.
The proposed amendments are available for review in the Department of Planning, Building, acrd
Development, Room 166, Noel C. Taylor Municipal Building, and online at
littp://Yoanokeva.gov/plamiingcominissjoji.
Tina M. Canf, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid applications and proposed amendments
on November 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, November 1, 2016, and Tuesday, November 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 @romokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
i
fJ
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE adding Section 31.1 -303, Additional Requirements for Subdivisions
in the Floodalain or in Riparian Buffer Areas; and amending and reordaining Section 31.1 -604,
Review fees: and Appendix B, Submittal Requirements; of Chapter 31.1, Subdivisions, of the
Code of the City of Roanoke (1979), as amended, providing for an effective date, and dispensing
with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Sec. 31.1 -303. Additional Requirements for Subdivisions in the Floodp)ain or
I, Riparian Buffer Areas.
(a) Proposed buildings and structures shall be elevated or floodproofed
in accordance with Chapter 36.2, Zonin =. of the City Code.
(b) All proposed grading, fill and related earthwork shall be in
accordance with all applicable regulations set forth in Section 36.2-
333 and Section 36.2 -335 of the Chapter 36.2, Zoning, of the City
Code.
(c) The layout of a subdivision shall be consistent with the need to
minimize flood damage, including locating structures and streets
such that evacuation during a flood event can occur.
(d) Public utilities and facilities such as sewer, gas, electrical and water
systems shall be located and constructed to minimize flood damage.
(e) Adequate drainage shall be provided to reduce exposure to flood
hazards.
(f) Base flood elevation data for all major subdivisions and any
subdivision involving more than five (5) acres shall be provided, and
base flood information from the Flood Insurance Rate Map (FIRM)
when water surface elevation data is available shall be provided.
When such information is not available, base flood elevation data
shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analyses, comparable to
those contained in a Flood Insurance Study.
Sec. 31.1 -604. Review fees.
wba. c _ ry
Fees for a minor subdivision plat, a major Subdivision plat, vacation of a
plat or a portion of a plat, and a subdivision site plan, whether preliminary or final,
shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by
City Council in accordance with Section 15.2 -107 of the Code of Virginia (1950),
as amended.
Appendix B. Submittal Requirements
B -2. Requirements for preliminary subdivision plans
(b) Information required. A preliminary subdivision site plan shall be prepared
on the separate component sheets as listed below. However, any one (1) or
more of the sheets may be combined, provided legibility and clarity can be
maintained.
(2) Dimensional laroot plan. The dimensional layout plan sheet should
show the development project as it would look upon completion of
all construction activities. The plan sheet should include the
following:
> . r
(D) Delineation of Special Flood Hazard Area (100 -year
Floodplain), Floodway, and Riparian Buffer, as applicable.
(3) Gradiagp[arr
x x .
(D) Delineation of Special Flood Hazard Area (100 -3ear
Floodplain) and Floodway, and Riparian Buffer, as
applicable.
(4) Stormnater ma agemenl p(aa
(C) Delineation of Special Flood Hazard Area (1()0 -year
Floodplain) and Floodway, and Riparian Buffer, as
applicable.
(5) Utilities plat:
x .
(C) Delineation of Special Flood liazard Area (100 -year
Floodplain) and Floodway, and Riparian Buffer, as
applicable.
(6) Street pfaa:
x s
(C) Delineation of special Flood Hazard Area (100 -year
Floodplain) and Floodway, and Riparian Buffer, as
applicable.
B -4. Requirements for final subdivision site plan.
(b) Contents. A subdivision site plan shall be prepared on the separate component
sheets as listed below. However, any one (1) or more of the sheets may be
combined, provided legibility and clarity can be maintained.
3
(2) Dimensional lavout plan. The dimensional layout plan sheet should show
the subdivision as it would look upon completion of all construction
activities. The plan sheet should include the following:
(A) Existing and proposed structures, and iucl�
e+rrkrng.
(B) Paved areas, including parking lots, parking areas,
driveways, and related curbing.
(13C) Zoning infonnation:
(1) Current zoning classification of the property
proposed for development. The zoning classification
shall include a listing of any conditions to which the
Property is subject by reason of a zoning amendment
or order of the board of zoning appeals, including the
ordinance number and case number with effective
dates.
* + s
(D) Delineation of Special Flood Hazard Arc, (100 -year
Floodplain) and Floodway, as applicable.
(3) Erosian mrd sediment control plan (grading plan).
�x x
(E) Delineation of Special Flood Hazard Area (100 -year
Floodplain) and Floodtvay, as applicable.
(4) Stornnrater nnanagennent plan.
+ s x
(C) Calculations as required in O-.ap{e- 44,4Chapter 1 LG,
Stonnwater Management, of this code and the Stormwater
Management Design Manual.
(D) Delineation of Special Flood Hazard Area (100 -year
Floodplain) and Floodrvay, as applicable.
(5) Utilities plan.
s a �
4
(C) Delineation of Special Flood Hazard Area (100 -year
Floodplain) and Floodw ay, as applicable.
(6) So cc/ plan.
(D) Delineation of Special Flood Hazard Area (100 -year
Floodplain) and Floodway, as applicable.
2. The provisions of this ordinance shall be in full force and effect upon passage.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
9
Ciry Cndc amend 31.1. - 1024.16 d,,
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fox: (540) 853 -1145
E -moil: le,k01v.nokeve.gov
November 22, 2016
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
A public hearing was conducted by the Council of the City of Roanoke at its regular
meeting held on Monday, November 21, 2016, on a request of the City of Roanoke
Planning Commission to amend the City's Fee Compendium to create new fees for
zoning modifications and plat and plan review; and to amend rezoning fees. .
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the next regular meeting of City Council scheduled to be held on Monday,
December 5, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the Council Chamber.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Barbara A. Dameron, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
Susan Lower, Director, Real Estate Valuation
Bob Clement, Neighborhood Services Coordinator
Tina Carr, Secretary, City Planning Commission
The Roanoke Times Ame.rn NnlnbeT
Roanoke, Virginia 6011439
Affidavit of Publication
Date
November 08, 2016
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
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PUBLIC HEARING NOTICE Al publicbearegs advertised her
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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:
11/01 1110612016
The First insertion being given... 1110112016
Newspaper reference: 0000421308
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8i ing Repress rt. five
Sworn to and subscribed before me this Tuesday. November 0, 2016
Notary IC
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City /County of Roanoke O �0
My Commission expires
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
=Ffiiuons proposed far repent.
eel thmugM1 nactment of
ce No. 40062093514, bunch
3) new enhances with a divider
m and restrided tradlc flows:
C architectural dompoultheity of
doublers on the site through
fats and style: restrict the height
medical
Road:
and
or I
district) entertainment es
abutting a IA.dcLtll
"It"Isximenl esma6hl
abullfng a shrill of,
Add fitness center; rat
parking, a" site, and
Ina scares
shin the
round m
signs, and
Iinminallm
to be eight
e eying
Udel
fnd d any
ietl o
did of the
edi ® for A
general de
5
rise 6sled,,
I'd
building:
Imasr food
or Ice
3s
listed
meal, not
'ling' alsil
o ¢raise
ea,ma,mtl
bmnng A
,it (Finding
D Fard'ntlal
purist;
,at. nth
Id; health
fling hall;
dwelling,
me emoddl'mg of
"Dead of Resin
Roanoke Come
Te[bnlolegy,' do
,antl s at",
include
arehmsfngom
assembly and e
'all. of 3U� the wmpmeensve plan
designates the properly lot light
idgetrid antl recreation /open space,
but does not s,,city Jensily. The
Proposed use of the property Is
beverage manulacludng and ancillary
he SPropl Amendments
A. Proposed amendments to Chapter
362. Zoning, of the Code of the City of
Roanoke, smal A(d19d 79) s amendM, by
d"Intimnthe Inllowin lining, Ill. or
9 g cede sections tey
Update, clarify and make the Cilit,
cmind ortlina c easier m use for its
itizens, antl to make the cIth send,,
Pr din once consul tit t e Slate r, a
,ACM1 Mull" c nnl aorchange f
ompreheitral that a to change se
any tied lei that 1 ad decrease
ontmuted densiy d. Inv tlslr¢t
unless DUerwise4oted.
L Sea 362 -205, DtmenslPnal
regulo nos, antl Table 2051, Peruded
yard Ther acrmenli to [Wiry that the
depth of a front yard fz to be measpred
tram the (rant of the builtim, or the
bent line of an existing body and that
A special excepting use in the CG, CLS
and OF charter, to add ellfzlarge,
building az A special exception use is
the cc, CLS, D deforp and as a
Eating led use dl Eatcn9tn And add
drinking establishment, not abuttinga
esfdentiil district, and Eating and
drinking establishment, abutting a
residential district. as special
exception uses in the MM disma m
;
ad Meeting had abutting A residemial
district, as a slordel meladbn use a
the CN, CG, CLS. D, antl OF Listed,
and as a credited use in the IN and
"M adult, as special excepfancuse
in the of CN. D and OF districts, and to
add Supply pantry as A permitted use
m the Co. CLS. D, and uF dfsNicls:
6. Sec 36, 2316, Di m¢nice n Al
mgmationz for multiple purpose
tlrz trictz, to apply SupNA 361d1tl
pedezltlan arxess repufremands to the
M% and D district,..
T, Sec 363318, Pedestrian aaess to
daily a reference to a permeable
pavement veyml
8. Si 36.2.31, Dui]d a da:smuiiI
and flood, l ransparen[y standards itl!
ra le peryo e EDWIN,, to provide
that the desired IAnsion of A primary
entrance fn multiple purpose districts
be between the minimum Ford
front yartl liner,
9. Sec 363322. Um table for industrial
Letters, to add Mengel outtlmr meth
I
panrby. ibr appinlipll la In
p„nB
rrnul use m me pmoemrs subfecl to
whenever A baomcap ram, ,, uwn
Ilm apppcalion in (bps, uses
evehmenl 'siillsup a Iced, lung
PUBLIC NEARING NOTICE
pmvfously pmllr�etl and aaeplml by
rile
se�Um depth shall be men't I Innn
theshon
nneption er omf, Ne. 4eD6n
In the both bnunnlg rate
091514, on September 15, 2014 The
Innd no AntImaes permitted a in,
2. Scc, 36.2 -311. Use male for
All puhbc brann0s arlvurl setl herein
INPUD DillJd include reddenlfal:
resldenllal dolncls to Alto bay cmr
will In haul iI Ihr City Count
motlallons Intl group living'
u`mlal;
homeAdds asnslicialexcephounsr
Cbamhrr. lnnrlh IInoL Ronm 454 Ned
lu assembly and
m all result dial districts'.
C. Inylm Municipal Buil[Mg 215
enledaddru nb pubic, lnsllWlfanal pod
Clmrch Avenue SW, Roanoke
ommodity Iac,,,r, tmnsopmlallonl
1So, 362 312, DLnrnnonal
,II,, All npplioilud, antl pmpese.I
olilily: wentrund, ontl ccesso..
ragulahons to .... itlental Ifichms, to
e ,If munls A,, avairdin lurreview in
rvRh I marinmm density of own
ellmlnnle Seelle, 361313 front yanl
In r Planning, Dulldler,& DevJnpmenl
dwelling unit per 1,900 goal, feet of
reguimmcnls for lnllll development In
,hint And, Ifi6, 215 Church Avenue
lot Iran. The Incel ... is, plan
Ihr RMf district:
SW.. Admike, storage.
designates the pmparly ter bad
iadustrial ontl general commercial use
4. Sec. 3625 313, Front Yard dimensions
Ilse Cry of Roanoke Planning
but does net specify tlensily. 11e
for InlBl development, to provide that
commission will heir) a public hearing
proposed use of the property k rein;]
for infill development, the marthrom
en November 11, ID 16. at 1 30 Dm., or
sales esllblwhell
Iron yard shall be the depth of the
s[ as Ihr..... my may be heard,
B. Application by in' City of Roanoke
mail shallow bout yard and I n
lu oidur hose applfcalme, and
to c antl repeal all cood'diens
mum (rent yard strait be the
prupnsed nm""Iriienls to Chapter 362,
Pleffir ede as pad of A previous
vem9e between the most shallow and
Zero". Chap ter 31.L Subrbitkiii and
reeomng on properly located at 2002
di established front yards, of
Ihr I,,, p
ComrnNUm of the City:
Blue N115 Drox, N.U. bearing Odiciol
cases where the most shallow
Tax Map No 2230101, from Id, Light
establshed front aid is curve toms
L Applic'thed,
Industrial Oi�tdcc with condllions I'd
dinldcc, moral front van;
ROSS, Ithum,lian antl Open Space
A. Apphanhon by Ivy View. LLG to
olstdcl, to l- I, right lDaL,tda101Adct
S Sec. 361315, Use table for multiple
repeal All conditions proffered as part
The conditions to be repealed coded¢
purpose districts, to add Short term
eta previous rezoning antl amend the
bad related to the sale of the property,
rental as a permitted use in the CN, CO,
Planned Unit Development Plan as it
wN[h is tie Iona¢,.,,old because the
CIS, D. and OF districts; to add Anlmal
omen, m ran n.nannona Ir »
City of Roanoke mimM1acrd roe
hospital or vele.inary clinic, outdoor
=Ffiiuons proposed far repent.
eel thmugM1 nactment of
ce No. 40062093514, bunch
3) new enhances with a divider
m and restrided tradlc flows:
C architectural dompoultheity of
doublers on the site through
fats and style: restrict the height
medical
Road:
and
or I
district) entertainment es
abutting a IA.dcLtll
"It"Isximenl esma6hl
abullfng a shrill of,
Add fitness center; rat
parking, a" site, and
Ina scares
shin the
round m
signs, and
Iinminallm
to be eight
e eying
Udel
fnd d any
ietl o
did of the
edi ® for A
general de
5
rise 6sled,,
I'd
building:
Imasr food
or Ice
3s
listed
meal, not
'ling' alsil
o ¢raise
ea,ma,mtl
bmnng A
,it (Finding
D Fard'ntlal
purist;
,at. nth
Id; health
fling hall;
dwelling,
me emoddl'mg of
"Dead of Resin
Roanoke Come
Te[bnlolegy,' do
,antl s at",
include
arehmsfngom
assembly and e
'all. of 3U� the wmpmeensve plan
designates the properly lot light
idgetrid antl recreation /open space,
but does not s,,city Jensily. The
Proposed use of the property Is
beverage manulacludng and ancillary
he SPropl Amendments
A. Proposed amendments to Chapter
362. Zoning, of the Code of the City of
Roanoke, smal A(d19d 79) s amendM, by
d"Intimnthe Inllowin lining, Ill. or
9 g cede sections tey
Update, clarify and make the Cilit,
cmind ortlina c easier m use for its
itizens, antl to make the cIth send,,
Pr din once consul tit t e Slate r, a
,ACM1 Mull" c nnl aorchange f
ompreheitral that a to change se
any tied lei that 1 ad decrease
ontmuted densiy d. Inv tlslr¢t
unless DUerwise4oted.
L Sea 362 -205, DtmenslPnal
regulo nos, antl Table 2051, Peruded
yard Ther acrmenli to [Wiry that the
depth of a front yard fz to be measpred
tram the (rant of the builtim, or the
bent line of an existing body and that
A special excepting use in the CG, CLS
and OF charter, to add ellfzlarge,
building az A special exception use is
the cc, CLS, D deforp and as a
Eating led use dl Eatcn9tn And add
drinking establishment, not abuttinga
esfdentiil district, and Eating and
drinking establishment, abutting a
residential district. as special
exception uses in the MM disma m
;
ad Meeting had abutting A residemial
district, as a slordel meladbn use a
the CN, CG, CLS. D, antl OF Listed,
and as a credited use in the IN and
"M adult, as special excepfancuse
in the of CN. D and OF districts, and to
add Supply pantry as A permitted use
m the Co. CLS. D, and uF dfsNicls:
6. Sec 36, 2316, Di m¢nice n Al
mgmationz for multiple purpose
tlrz trictz, to apply SupNA 361d1tl
pedezltlan arxess repufremands to the
M% and D district,..
T, Sec 363318, Pedestrian aaess to
daily a reference to a permeable
pavement veyml
8. Si 36.2.31, Dui]d a da:smuiiI
and flood, l ransparen[y standards itl!
ra le peryo e EDWIN,, to provide
that the desired IAnsion of A primary
entrance fn multiple purpose districts
be between the minimum Ford
front yartl liner,
9. Sec 363322. Um table for industrial
Letters, to add Mengel outtlmr meth
I
a ,uncial exrepl.ois rise In
the II dis,bic11 to or lie the Mml'
uele e de, to add Self oturngr
Turmoil and sSNbstorage focally a
ppnnlmed off, n all I I...I
m1plol9 and to make OnWoor
[cation IoaMy Latin, or quits
Mbltpm Iiffid, n spi vaeeplinn
IRe co ad instant tis(... s:
lased I623o),ILLr not to pMnmN
u0d developmmd inspirit to odd
Animal hospllal or wlerlaary chic,
outdoor pens or tons, a, a permitted
lu rch HOIPUD OistdcL and la mItI SrII-
,(crnge bullish, as a Pmmlited use In
the MXPDO district.
I I. Section 36.2d33, f1oollplain OmnbaY
District, to repeal the extsliny sermon
,ad to adopt mw regulations moi ed
for local compliance with the code Of
Vhotnia, (1950), as amentled, aM
dot fat "nodf110ns drift
flumi
and
district antl found zones and special
flood hazard areas within Ise toothy
district. to include fcardways. A zones.
Ago rani AL 30 zones, ME sands, and
At zones, sucM1 n es def ... no Road
elevatiot, based ad a certain
connector, been approximated approximafted inor
or
dentified as areas ni shamaw flooding;
new cnnssmamn,
meat, or other
unity: ro identify afroult ... I
operations, public and mwate
mareallnnal odes, botanical ga Nand,
and worst., residential u
permitted uses in a boundary: lc
'drntily output c
ar seal valdn gS,
id4my distribution, sewage or water
treatment facilities. quarry and mining
operators, storage of [main
Prop ls, and pizcement m stuou'r Of
m #ional amde under ardour
...offices and time limitations as uses
permitted by speual ....atiun In a
fbmdwar "slosh o"
Per oents for
O"roon al n construction .1. m
snbt ; ,im .nlpravemems of,
...W.alial structures In special (loom
brand a". to eslffiIisM1
requirements for elevation or boost
pricalm, for new canductirn of, or
lim,we dal .mprovemory In, n
residential structures is speual Mond
davmtl m establish
eg
rnimment, fur permiiz uN to
permit applications far yontincti0n: to
Iaablol, 1, to A ,L,unfa ii. III. fw
ngnihm fill' and fil lane bal
mn ant,. p[h a Pact,
win' It"' �'�Viu II I I Iln n
donr Suin w.tle
Budding Catle lot hiring a l your 'hill I
of Its donned, r satanl
rim cculs isn't of.1.1, ¢comment as' nt
me it 1, and I,, acute. t0 n
Road damage, location 01 nlegrinh
heating, ventolinpn, alwoMnm a
mntll lipwar erphpmenl to prtrve rl
rucn waters (msu CnLLnny or
mulnlin9 In such [gayontari
at mg t wader supoe disposal
wage, and ad rn a waste disposal
systems to m hroidolf
i Imlze n
...quilt infiltration If lions m, (a, to alce, to
affecte and provide for notice in
affected imt chuans when
walerwut se or mgime iq altered o
carroled add a it require to ch red or
l...le capacity within t.....rdm be
dominated tl pa to of a w.imcomse be
aielamrd l0 establish repuirof new
,a elevatina, or flaod9raoling of new
oprvemen, poor both, bove
improvements to, two lit feet above
base rood , a,, oa m ,i3O establish
,pace, p for use and tliber fur
spaces below the lowest hear[ at a
manufactured e: to establish standards for
dyto homes antl recteali0nar
vehicles, to establish regulations far
,fisting sadd exc and historic
Structures antl exceptions to n...
and stanm;ann m establish .land by
the mantlarP for variances issued by
IM1e Roanoke Cily Board of Zoning
Appeals from IM1e mguldllppii
12 Set 36.2 -335, mat, and Cmek
Cmadms Nuflay District, to add
private streets as committed huller
Impact,
13. Sec 362336, Cnmprrprod,e Sign
overlayliquor, In .1101 the district la
be mp...d over a perfect
multifamdy district antl to make
applicable requirements in the
Comprehensive Sign Pact,, District
related to maximum sign area, sign
height, sign types, and sign
characteristics to be determined by IM1,
adoplion of soon overlay, duluctl
14. Sec 36 .2406, Car wash, to add
Shaluapal memorizing, for the
street facts, Of a car r,"i
15 Se[. 36.2 405 pay care comers,
child, to delete the requirement that ad
outdoor play area be located on me
of as me day ca center In
dayme the requirement that a play area
be located no [laser to the sheet than
me male building combed by the day
center' an it le to dra the
,all ubibron Of Protestant .mess that
requires the r p sng of a vehmmar
right of way,
16. Sec. 362 411, Gasoline stations, to
aria lam®eopiny monomeric eric for the
street frontage eta Lung" itahon m
the CG. CIS. 11. CN antl 0 Districts:
IL Sec 3524115, Mini - 111111,11-111, to
delete screening, Iandmiging, layout,
height, bulk slantlards and other
standard, Ihry apply to mmi
carduuni s,
IN. Sec.JG1 429, Tempomry noel and
T1111,429 I Temporary ode; to rpslRl
11, any dostrull the is smal
Of could, exempt from
perrmi nvluirepnmts to Iwo cdomad
,lays and to limit n¢M1 roes to two with
al internal of at Iraq three months
between event s, wltMn a calendar
ycari
19 36? 540. Zoaing muendmed , to
[drily that an application tar a zoning
amendment 'ban require payment Of a
Z Ibezs eelablisbed by city Courell in
city's lee contro uml
20. Se, 36.261 C,ampt a impam
rtaSl
n facility Dr sports odiom
[rahlinD, to correct references to other
sections of the coning ordinance that
regulate such exempt lighting;
21. Sec 36.2 By, Buffering and
scorning, to require that bulforing and
waniog materials be located in such
y as to reduce the visual impart of
L Old Or activity from Idjamnt
Properties and Streets;
22. Table 6471. Buffering antl
S Cr ee ni rig of Cerlala Uses antl
Auatles, to require Orion, for a
wall with less than 15 % transparency
between the wall and any MXPUD
district and to delete such
requirements from the Multiptc and
PUT districts; s
distctsto"oui,, IM1e location Of
d screen for outdoor comm¢rdal or
q necnamcal egn^pment mare
36" miahb to a ..ic.
to 36" in
for an
23. Sec 36$ WB, Parking
landscaping. to allow [lust rock asra
ground cover for Interior planting
Tnbland to s pe[ill laations lot
tm planting area, in occurn t0
rows at parking space,.
2a. Table 6441, BuHenn9. Screening,
out landscaping Malenal ;m add as 0-
form maximum Sparing requirement (or
[angle, Lees;
25 Sec. 36.E -65L Appllcabilily, to
clarity that repetita, parking in a tort
gross area at landscaped Iran rerun,
-n trig tl all shall confirm, a
parking a n that [foes at meet
certain .... I ... tthen standards:
26. Table 652 2, Required Parking
spaces, to establish a I space per 1.5
'fit music, bay and a 1 space per 0.25
automated sera If, has as units I.,
calculating the parking requirement fur
21. Sec. 36]651, discount poking,
a
.it l Se c. 36 .2654, Parking antl lead,,,
a slanilarlls, to limit, a pile.... to
a or her sY't
29 . Sr, 362 -/05, Nmenchiming uses,
to tllnw Ibe expansion of unoccupied
,Pau`. of a slmrdue eomalning a
mnennfnrmem where sued
canlarmlly is dodo the prober of
cancer, units nr rrsidtatial use
29 Sec 36.2 -009, Certain ums deamml
not consummating, to allow uses in
existence M the time of amendment of
the zoning ordinance to be considered
,,it nmmonfarmng uses, it such u
woohl ream.. a "froa, exception
permit of were pew uses:
30. sec. 36,2 do 1, Powers and duties, to
move, tar a relmenee to the fee
o pendnm for an application for a
nmddiwlnn by the zoning
administralm, Con o):
31. Appendix A. Dernitions, to pervide
for new definitions of Day care home.
adult, mobs@ food vending: Permeable
pavement system, River rock; Soft
storage bottom,: 5,11 storage facility;
Short term rental; antl transient guest
to amend the definitions of Day Gore
home, mild and family day home and
to delete the definition of Mini
-
warebmsc;and
32, Appendix B, Submittal
requirements, to amend the form and
number of mates al a bast,
development plan or careprebeesive
development plan Comeetl to be
submitted for re w to provide for
delineation of a the shallowest
established front yard as determined
by Set 36.2 313, 11 a development is
respect to such secmp, on a flu :le
development plan, and to ,tardy a
reference to a permeable pavement
system
B. Proposed amendments to Chapter
3bb Schdovisions. of the Code of the
City of Roanoke, (1919), as amended
33. Add Sec 31.1303, Additional
ni loan' Ot, for addrsomed5 In the
flosiddese. on npnnan boner areas, to
provide regutatem, pedaining to
establishment of mbdtvloers In
Ilooda,a,n m rgromn buffer areas to
e q xpo
flood damage antl esure
to hued hazards
34. Sec. 31.1 too. Review fees, to create
ar via rcoca to the Fee Compendlpm of
the City of Roanoke for fees In
connnglnd warn let and plan review,
35. Apparel, B.8 2. Regntrertaxi for
preltmmar, Sw10 Rion site Dh IrN, to
re"mre delineation of certain food
errs in eestaln plow submitted for
approval; and to identify separately,
parking areas and stn.fare, as items
required to be shown an a site ptani
and
36. App, bellx B, B 4, prgolrer eply Ill
Inal subdivision sit, plat, In .pour
delineation of special hood hnznol
Arch, nnll Ilantlways lhr
dimensional layout plan, erosion and
sediment mnlrul plan, dorm ant,,
aewo'cel pion, chute, plop, a I
some(pI'm
C Proposed anmnllments To Ibe Fee
Compendium of the City of Roanoke
pnrsolnt lb the autherce, set Inrlh in
Section 1582286(6) and Section 151
224](9) of the Code i f offing, (DEC).
as amender,:
L Reawt dm exishng toe scbedulu for
rezonmgs and establish a $1,000 fee tut
amendments to the ianlnp pill.
nclubmn9 certain dermingd and
amendments to proffered conditions;
2. Establish a $250 fee for a zoning
manifesting: and
3. Establish a lee af$150 for review of
mono, subdivision plat establish A lee
of $$o for vacation of a plat or a portion
ofd plat establish a or of $220. plus
$5e per lob fora major subdivision plat
and establish a fee o1S500, plus $75 per
acre or portion thereof, for a
"Ird'a'an site pion.
The ordinances anent,, the
consummator described above shall be
effective upon adoption by the City
Council for the City of Pirmake.
The proposed amendments are
available for review in the Department
0 Planning, Buddag, and
Development. Boom 164 Noel C. Taylor
Montcipal Employe, and onldre at
hill: / /roanokeva.eov /planning,
Tina M, Carr, secretary. City Planning
Commtsslo.
Coy Council will hold public
aforesaid applications and
proposed amendment,
on November
21, 2016, al ]90 p.m., or as soon as the
bidders may be heard.
Any person with a disability requiring
any special accommodation to attend
or
orrect the CitynClerk'seofficesat (54 8)
8532541 at least five days prior to the
scheduled hearing.
Stephanie M- Moon Reynolds, MMC,
Clay Clerk
(421308)
l
PUBLIC HEARING NOTICE
PUBLIC IWARING NOTICT.
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 and proposed amendments are available for review in the Planning, Building, &
Development office, Room 166,215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on November 14, 2016,
at 1:30 p.m., or as soon as the matters may be band, to consider these applications and proposed
amendments to Chapter 36.2, Zoning, Chapter 31.1, Subdivisions, and the Fee Compendium of
the City:
I. Applications
A. Application by Ivy View, LLC, to repeal all conditions proffered as part of a previous
rezoning and amend the Planned Unit Development Plan as it pertains to the properties
located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos.
1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively. The conditions
proposed for repeal, adopted through enactment of Ordinance No. 40062 - 091514, require
three (3) new entrances with a divider median and restricted traffic flows; require
architectural compatibility of all buildings on the site through materials and style; restrict the
height of buildings; require transparency, primary entrances, and articulation to prevent blank
walls on building fapades facing Franklin Road; restrict the number, size, and location of
freestanding signs, ground signs, and building signs; require illumination levels for parking
and drives to be eight foot candles or less; require certain parking lot lighting design; require
proffered conditions to bind any portion of parcels subdivided or re- combined; and limiting
the use of the property to use of the properties for a financial institution; office, general or
professional; business service establishment, not otherwise listed; medical clinic; mixed use
building; bakery, confectionary, or similar food production, retail; general service
establishment, not otherwise listed; personal service establishment, not otherwise listed; pet
grooming; retail sales establishment, not otherwise listed; eating establishment; eating and
drinking establishment, not abutting a residential district; eating and drinking establishment,
abutting a residential district; entertainment establishment, abutting a residential district;
entertainment establishment, not abutting a residential district; health and fitness center;
meeting hall; parking, off -site; and dwelling, multifamily. The application is to permit use of
the properties subject to the application to those uses previously proffered and accepted by
the adoption of Ordinance No. 40062 - 091514, on September 15, 2014. The land use
categories pemnitted in the INPUD District include residential; accommodations and group
living; conmmercial; assembly and entertainment; public, institutional and community
facilities; transportation; utility; agricultural; and accessory; with a maximum density of own
dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the
property for light industrial and general conmmercial use, but does not specify density. The
proposed use of the property is retail sales establishment.
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B. Application by the City of Roanoke to rezone and repeal all conditions proffered as part of a
Previous rezoning on property located at 2002 Blue Hills Drive, N.E., bearing Official Tax
Map No. 7230101, from 1 -1, Light Industrial District, with conditions, and ROS, Recreation
and Open Space District, to I -1, Light Industrial District. The conditions to be repealed
include one related to the sale of the property, which is no longer needed because the City of
Roanoke purchased the property, and one related to the imposition of restrictive covenants,
which is no longer needed because the restrictive covenants were imposed by the recording
of a document entitled, "Deed of Restriction Addition to the Roanoke Center for Industry and
Technology," dated April 2, 1992. The land use categories permitted in I -1 include
commercial; industrial; warehousing and distribution; assembly and entertainment; public,
institutional and community facilities; transportation; utility; agricultural; and accessory, with
a maximum floor area ratio of 2.0. The comprehensive plan designates the property for light
industrial and recreation/open space, but does not specify density. The proposed use of the
property is beverage manufacturing and ancillary uses.
II. Proposed Amendments
A. Proposed amendments to Chapter 36.2, ZoninE, of the Code of the City of Roanoke, (1979),
as amended, by amending and reordaining, adding or deleting the following code sections to
update, clarify and make the City's zoning ordinance easier to use for its citizens, and to
make the City's zoning ordinance consistent with state code, such amendments not
constituting a comprehensive rezoning or change of any densities that would decrease
permitted density in any district, unless otherwise noted:
1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -1, Permitted Yard
Encroachments, to clarify that the depth of a front yard is to be measured from the front
of the building or the front line of an existing porch, and that whenever a handicap ramp
or other encroachment exists with a residential use, the depth shall be measured from the
street to the front building line;
2. Sec. 36.2 -311, Use table for residential districts, to add "Day care home, adult" as a
special exception use in all residential districts;
3. Sec. 36.2 -312, Dimensional regulations for residential districts, to eliminate Section 36.2-
313 front yard requirements for infill development in the RMF district;
4. Sec. 36.2 -313, Front yard dimensions for infill development, to provide that for infill
development, the minimum front yard shall be the depth of the most shallow front yard
mid the maximum front yard shall be the average between the most shallow and deepest
established front yards, in cases where the most shallow established front yard is deeper
than a district's maximum front yard;
5. Sec. 36.2 -315, Use table for multiple purpose districts, to add Short-term rental as a
permitted use in the CN, CG, CLS, D, and OF districts; to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a special exception use in the CN, CG, CLS, D
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and OF districts; to add Kennel, outdoor pone ur runs, as a special exception use in the
CG, CLS and OF districts; to adrl Scll- storage bung us a special cxccplion use in the
CG, CLS, D districts and as a permuted use in the OF district; to add Eating
establishment, Eating and drinking establishment, not abutting a residential diatrict and
Eating and drinking establishment, abutting a residential district, as special exception
uses in the MX district to add Meeting hall, abutting a residential dishict, as a special
exception use in the CN, CG, CLS, D, and OF districts, and as a permitted use in the IN
and ROS districts; to add Meeting hall, not abutting a residential district, as a permitted
use in the CN, CG, CLS, D, IN, ROS, and L1F districts; to add Day care hone, adult, as a
special exception use in the MX, CN, D and OF districts, uncl to add Supply pantry as a
permitted use in the CN, CLS, D, and OF districts;
6. Sec. 36.2 -316, Dimensional regulations for mrdtiole purpose districts, to apply Section
362 -318 pedestrian access requirements to the MX and D districts;
7. See. 36.2 -318, Pedestrian access, to clarify a reference to a permeable pavement system;
8. Sec. 36.2 -319, Building placement and facade transparency standards for multiple
gm'oose districts, to provide that the required location of a primary entrance in multiple
purpose districts be between the minimum and maximum front yard lines;
9. Sec. 36.2 -322, Use table for industrial districts, to add Kennel, outdoor pens or runs, as a
special exception use in the 1 -1 district, to delete the Mini - warehouse use; to add Self -
storage building and Self - storage facility as permitted uses in all industrial districts; and
to make Outdoor recreation facility lighting or sports stadium lighting a special exception
use in all industrial districts;
10. Sec. 36.2 -327, Use table for planned unit development districts, to add Animal hospital or
veterinary clinic, outdoor pens or runs, as a permitted use in the IPUD District, and to add
Self- storage building as a permitted use in the MXPUD district;
11. Section 36.2 -333, Floodplain Overlay District, to repeal the existing section and to adopt
new regulations required for local compliance with the Cade of Virginia, (1950), as
amended, and regulations of the Virginia Department of Conservation and Recreation, to
set forth and provide for the purpose and applicability of the floodplain regulations; to
establish penalties for violations of such regulations; to define terms used in the section;
to designate the Zoning Administrator as the administrator of the floodplain overlay
district regulations and to enumerate the duties of the Zoning Administrator in connection
with administering the code section; to provide for the interpretation of, and changes to,
flood insurance rate maps and administration of amendments thereto; to establish a
floodplain overlay district and flood zones and special flood hazard areas within the
overlay district, to include floodways, A zones, AO zones, AI -30 zones, AE zones, and
AH zones, such zones defining flood elevations based on a certain percentage annual
chance of flooding, or have been approximated or identified as areas of shallow flooding;
to prohibit encroachments in the floodway such as fill, new construction, substantial
improvcmcnts, or elbcr development unless it is demomfiated that the proposed
encroachment will not increase Iluod levels in the comnamity; to identify agriadtuml
operations, public and private recreational uses, botanical guldens, and accessory
residential uses as permitted uses in a floodwey; to identify certain accessory structures,
utility distribution, sewage or water licatment facilities, quarry and mining operations,
storage of certain materials, and placement or storage of it recreational vehicle under
certain conditions and time limitations as uses permitted by special exception in it
Iloodway; to establish requirements for elevation of new construction of, or substantial
improvements of, residential structures in special flood hazard areas; to establish
requirements for elevation or flood- PIvofung fm' new construction of, or substantial
improvements to, non - residential structures in special flood hazard areas; to establish
requirements fm permits, and to permit applications For construction; to establish general
standards 'for new construction and substantial improvements, such as compliance with
the Virginia Uniform Statewide Building Code, anchoring of structures, use of flood
damage resistant materials and utility equipment, use of methods and practices to
minimize flood damage, location of electrical, heating, ventilation, plumbing, air
conditioning equipment to prevent flood waters from entering or aecunmlating fn such
equipment, design of water supply, sanitary sewage, and on -site waste disposal systems
to minimize or eliminate infiltration of flood waters, to require a permit and provide for
notice to affected jurisdictions when a watercourse or channel is altered or relocated, and
to require that the flood carrying capacity within an altered or relocated portion of a
watercourse be maintained; to establish requirements for elevation or flood - proofing of
new construction, or substantial improvements to, two (2) feet above base flood
elevation; to establish standards for use and design for spaces below the lowest floor of a
structure; to establish standards for manufactured homes and recreational vehicles; to
establish regulations for existing structures and historic structures and exceptions to such
regulations; and to establish a process and standards for variances issued by the Roanoke
City Board of Zoning Appeals from the reguations;
12. Sec. 36.2 -335, River and Creek Corridors Overlay District, to add private streets as
Permitted buffer impacts;
13. Sec. 36.2 -336, Comprehensive Sign Overlay Dist ' t, to allow the district to be mapped
over a residential multifamily district and to make applicable requirements ill the
Comprehensive Sign Overlay District related to maximum sign area, sign height, sign
types, and sign characteristics to be determined by the adoption of such overlay district;
14. Sec. 36.2 -406, Car wash, to add landscaping requirements for the street frontage of a car
wash;
15. Sec. 36.2 -408, Day care centers child, to delete the requirement that an outdoor play area
be located on the same lot as the day care center; to delete the requirement that a play
area be located no closer to the street than the main building occupied by the day care
center; and to delete the prohibition of pedestrian access that requires the crossing of a
vehicular right -of -way;
10. Sec., 362 -41 I, Gasol =tie stations, to add landscaping requirements for the street heritage
of it gasoline station in the C6, CLS, 1 -I, CN and D Districts;
17. Sec. 36.2 -415, MM_ni- warehouses, to delete screening, landscaping, layoul, height, bulk
standards and other standards as they apply to mini - warehouses;
18. Sec. 36.2 -429, Tisn) iv uses, and Table 429 -I, Tempormy uses, to restrict in any
district the maximum duration of'publue events exempt from zoning permit requirements
to two calendar days and to limit such uses to two, with an interval of at least three
months between events, within a calendar year;
19. 36.2 -540, Zoning amendments, to clarify that an application for a zoning amendment
shall require payment of it fee as established by City Council in the City's fee
compendium;
20. See. 36.2- 622(e), Exempt outdoor recreation facility or Sports stadium liehtin incorrect
references to other sections of the zoning ordinance that regulate such exempt lighting;
21. Sec. 36.2 -647, Buffering and screening, to require that buffering and screening materials
be located in such a way as to reduce the visual impact of a use or activity from adjacent
properties and streets;
22. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to require buffering
for a wall with less than 15% transparency between the wall and any MXPUD district
and to delete such requirements from the Multiple Purpose districts and the INPUD and
IPUD districts; to require the location of a screen for outdoor commercial or industrial
processes outside a wholly enclosed building to be located within 15 feet of a property
line; to require perimeter screening for ground- mounted mechanical equipment more than
36 in height; to require certain perimeter screening or plantings around ground - mounted
mechanical equipment up to 36 in height; to delete screening requirements for Mini -
warehouse; to require buffering for an Outdoor sports facility; and to require screening of
a Self- storage facility;
23. Sec. 36.2 -648, Parking arealandscanin , to allow river rock as a ground cover for interior
planting areas; and to specify locations for interior planting areas in relation to rows of
parking spaces;
24. Table 649 -I, Buffering Screening, and Landscaping Materials, to add an 8 -foot
maximum spacing requirement for evergreen trees;
25. Sec. 36.2 -651, Auplicabili , to clarify that repetitive parking in a turf grass area or
landscaped area resulting in denuded soil shall constitute a parking area that does not
meet certain construction standards;
26.'1'ubIc 652 -2, Rgrirpd NarkingSneces, to establish a I space per I.5 self - service bay and
a I space per 0.25 automated SCl ViCC bay as units fin- calculating Tile pill <ijig requirement
for a car wash;
27. Scc.36.2 -653, Maximum harking, and Sec 36.2 -654, Parking and loading area standards,
to clarify it reference to it permeable pavement system.
28. Sec. 36.2 -705, Noneonformin¢ uses, to allow the expansion of unoccupied spaces of a
structure containing it nonconforming use, where such nonconformity is due to the
number Of dwelling units or residential use designation;
29. Sec. 36.2 -709, Certain uses deemed not rioliconfolinillp, to allow uses in existence at the
time of amendment of the zoning ordinance to be considered not nonconforming uses, if
such uses would require a special exception permit if they were new uses;
30. Sec. 36.2 -841, Powers and duties to provide for a reference to the fee compendium for
all application for a modification by the zoning administrator ($250);
31. Appendix A, Definitions, to provide for new definitions of Day care home, adult; mobile
food vending; Permeable pavement system; River rock; Self - storage building; Self -
storage facility; Short -term rental; and transient guest; to amend the definitions of Day
care home, child, and family day home; and to delete the definition of Mini - warehouse;
and
32. Appendix B, Submittal requirements, to amend the form and number of copies of a basic
development plan or comprehensive development plan required to be submitted for
review, to provide for delineation of the shallowest established front yard as determined
by Sec. 36.2 -313, if a development is subject to such section, on a basic development
plan, and to clarify a reference to a permeable pavement system.
B. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke,
(1979), as amended,
33. Add Sec. 31.1 -303, Additional requirements for subdivisions in the floodplain or riparian
buffer areas, to provide regulations pertaining to establishment of subdivisions in
floodplain or riparian buffer areas to minimize flood damage and exposure to flood
hazards;
34. Sec. 31.1 -604, Review fees, to create a reference to the Fee Compendium of the City of
Roanoke for fees in connection with plat and plan review;
35. Appendix B, B -2, Requirements for preliminary subdivision site Plans, to require
delineation of certain flood areas in certain plans submitted for approval; and to identify
separately, parking areas and structures as items required to be shown on a site plan; and
36. Appendix B, B -4, Requirements for final subdivision site plan, to require delineation of
special flood hazard areas and floodways on the dimensional layout plan, erosion and
sediment control plan, stotmwater management plan, utilities plan, and street plan.
C. Proposed amendments to the Fee Compendium of the City of Roanoke pursuant to the
authority set forth in Section 15.2- 2286(6) and Sectionl5.2- 2241(9) of the Code of Virginia
(1950), as amended:
I . Repeal the existing fee schedule for rezonings and establish a $1,000 fee for amendments
to the zoning map, including certain rezonings and amendments to proffered conditions;
2. Establish a $250 fee for a zoning modification; and
3. Establish a fee of $150 for review of a minor subdivision plat; establish a fee of $50 for
vacation of a plat or a portion of a plat; establish a fee of $220, plus $50 per lot, for a
major subdivision plat, and establish a fee of $500, plus $75 per acre or portion thereof,
for a subdivision site plan.
The ordinances adopting the amendments described above shall be effective upon adoption by
the City Council for the City of Roanoke.
The proposed amendments are available for review in the Department of Planning, Building, and
Development, Room 166, Noel C. Taylor Municipal Building, and online at
http://romaokeva.gov/plamiingeommission,
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid applications and proposed amendments
on November 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
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Please publish in newspaper on Tuesday, November 1, 2016, and Tuesday, November 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.caff@roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending the Fee Compendium to include a new fee for certain zoning
modifications, to amend the fees for review of a minor subdivision plat and for all zoning map
amendments and to include in the Fee Compendium existing fees for reviews of major subdivision
plats and subdivision site plans; providing for an effective date; and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the Citv of Roanoke as follows:
The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27,
1995, effectivc as of that date, as amended, shall be amended to reflect the following fees:
Modification granted by the Zoning Administrator from any
provision contained in the zoning ordinance with respect to
physical requirements in a lot, including size, height, location or
features of or related to any building_ structure or improvements:
$150
Review of a minor subdivision plat:
$150
Review of a major subdivision plat, whether for a preliminary or
final subdivision:
$220, plus $50 per lot
Revicw of a subdivision site plan, whether for a preliminary or
final subdivision:
$500, plus $75 per
acre or portion thereof
2. Fees to process applications for amendments to the zoning
map shall be as follows:
Rezoning to Residential Districts:
$1,000
Rezoning to Commercial Districts:
$1,000
Rezoning to Industrial Districts:
$1,000
Rezoning to Special Purpose Districts:
$1,000
Rezoning to Planned Unit Developments Districts:
$1,000
Rezoning to Overlay Districts:
$1,000
Amendment to Proffered Conditions: $1,000
3. Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent
of any inconsistency with this Ordinance.
The fees established by this Ordinance will become effective immediately upon its
passage, and shall remain in effect until amended by this Council.
5. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
O -Am ®id Pce Compcntllum (Zoning fee, 2016,11 21.16.0,
o+
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
=x'
Rompoke, Virginia 24011 -1536
Telephone: (540) 8532541
Fax: (540)853 -1145
STEPIIANIE M. MOON REYNOLDS, MMC
E-ruu: nlerkjurpnnekeva.apv
CECELIA F. MCCOV
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
November 22, 2016
Assistant Deputy City Clerk
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor /Aughtry Company, Inc., Suite 500
40 West Broad Street
Greenville, South Carolina 29601
Dear Mr. Aughtry:
I am enclosing copy of Ordinance No. 40707 - 112116 accepting the bid of South
Commonwealth Partners, LLC to acquire, buy, execute, and accept a certain easement
on City -owned properties identified as Official Tax Map Nos. 4015004 (25 Church
Avenue, S.E.), and 4015003 (106 Franklin Road, S.E.), as set forth in a Deed of
Easement, upon certain terms and conditions; authorizing the City Manager to execute
such Deed; authorizing the City Manager to take such further actions and execute such
further documents as may be necessary to implement, administer, and enforce such
Deed and to accomplish such matters, including the granting and sale of such
easement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
Sincerely,
MI u LL
Stephanie M. Moon Reyno MMC
City Clerk
Enclosure
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor / Aughtry Company, Inc.
November 22, 2016
Page 2
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Laura M. Carini, Assistant City Attorney
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Deborah J. Moses, Director, Hotel Roanoke Conference Center Commission
Philip C. Schirmer, P.E., City Engineer
Wayne F. Bowers, Director of Economic Development
Marc B. Nelson, Special Projects Coordinator, Economic Development
IN'I'I IE COUNCIL, OF'1'1IE CITY OF ROANOKIi, V 112GINIA
hc 21st day of November', "1.016.
No. 40707 - 112116.
AN ORDINANCE; accepting the bid of South Commonwealth Partners, LLC (Developer)
to acquire, buy, execute, and accept a certain easement on City -owned properties identified as
Official Tax Map Nos. 4015004 (25 Church Avenue, S.E.), and 4015003 (106 Franklin Road,
S.E.), as set Forth in a Deed of Easement (Deed), upon certain terms and conditions; authorizing
the City Manager to execute such Deed; authorizing the City Manager to take such further
actions and execute such father documents as may be necessary to implement, administer, and
enforce such Deed and to accomplish such matters, including the granting and sale of such
casement; and dispensing with the second reading of this Ordinance by title.
WHEREAS, the City has, by advertisement published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution, grant, and delivery of the Deed to grant a certain easement on the City -Owned
properties described above;
WHEREAS, one bid for the execution of a Deed for acquisition of an easement and other
matters for the purposes mentioned above was received pursuant to the advertisement and such
bid was opened at the City Council meeting held on November 21, 2016;
WHEREAS, by November 21, 2016, Developer submitted a bid to the City for the
acquisition, execution, grant, and delivery of the Deed for the construction, installation,
maintenance, replacement, and repair of private power utility services, in order to develop,
construct, operate, and maintain a hotel consisting of 127 rooms at the Market Garage, 25
Ordinonce Deed or Easen,ems (10- 19 -I6)
Church Avenue, S.II. Qlowl), upon .subslmlbally similar terms its contained in the proposed Deed
Ihul wus on tilt in the Uny CleiVs 0 If! cc;
WHEREAS, the matter was referred to the City Manager for evaluation and negotiation
with the Developer its to tile, final terms and conditions to] such Deed;
WIIEWAS, negotiations between the City Manager and Developer have resulted in a
Deed fiat provides for the grant kind transfer of a certain casement affecting City- owned
properties (Official Tax Map Nos. 4015004, or 4015003) for the construction, installation,
maintenance, replacement, and repair of private power utility services (Easement);
WHEREAS, the Easement to be granted pursuant to the terns and conditions of the Deed
has a term of 40 years commencing upon execution of the Deed;
WHEREAS, the terms, conditions, and obligations of the grantee under the Deed are
more particularly described in the City Council Agenda Report dated November 21, 2016;
WHEREAS, the City Manager recommends that Council accept the bid of Developer and
approve the execution and delivery of such Deed, a copy of which is attached to the City Council
Agenda Report dated November 21, 2016;
WHEREAS, after proper and timely notice by advertisement as required by the Code of
Virginia, Council held a Public Hearing on this matter at its regular meeting on November 21,
2016, at which hearing all parties in interest and persons were given an opportunity to be heard,
both for and against the proposed Deed;
WHEREAS, City Council determined that the bid of Developer to acquire, buy, execute,
and accept a Deed as set forth above, upon certain terms and conditions, was the most responsive
and responsible bid received by the City and Council desires to accept such bid; and
O,dlnnnce Deed 4Easemm�LV (10- 17-I6)
WI II ?BRAS, after closing the Public Hearing, Council believes the sale of the t)aSeloClt
set IoI tII in the Deed mentioned above for the I Iolcl will bencht the City and its citizens.
'I'I IliREEORL, BE IT ORDAINED by the Council of the City of Roanoke as follows:
Council accepts the bid of Developer and hereby makes a grant and an award 'for
the Easement set forth in the Deed to Developer, subject to certain terms and conditions as
further noted in the City Council Agenda Report dated November 21, 2016, and upon such other
toms and conditions as the City Manager may deem appropriate and agree to. Council farther
finds that it will be in the best interest of the City to grant and award the Easement as set forth in
the proposed Deed for the Hotel and will help in promoting economic development in downtown
Roanoke. Any and all other bids made to the City for the above matter are hereby rejected.
2. The City Manager is hereby authorized to execute and deliver a Deed in which the
City sells and transfers the Easement for limited purposes and uses affecting the following City -
owned properties: Official Tax Map No. 4015004 (25 Church Avenue, S.E.), or Official Tax
Map No. 4015003 (106 Franklin Road, S.E.) (the Easement is further described in the City
Council Agenda Report dated November 21, 2016) for the construction, installation,
maintenance, replacement, and repair of private power utility services related to the
development, construction, operation, and maintenance of a hotel with 127 rooms (Hotel) that
has been constructed by South Commonwealth Partners, LLC. Such Deed shall be substantially
similar to the one attached to the above mentioned City Council Agenda Report and upon such
other terms as the City Manager deems appropriate and agrees to. Such Deed shall be approved
as to form by the City Attorney. The bond or security to be provided to the City by the
Developer shall be in such form and amount as set forth in the proposed Deed, or as may be
amended as the City Manager deems appropriate.
OMmi =e Deed or Besemenls (10- 17 -I6)
3. The tetrn of the 8asemmnl is 40 yours and is set fodh in the Deed and in the City
Council Agenda Report data) November- 21, 2016 and the I?anemenl will expire automatically
upon the cxpirution ofits Icon.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as mny lie necessary to implement, erlministrn, and enforce such
Deed, and to accomplish the above matters and complete the transfer of the above mentioned
Easement. Such actions and /or document execution includo, but are not limited to, any needed
modifications to such Dced and /or the Hotel Performmtce Agreement, modifications or
amendmcnts to the Easement granted pursuant to the Deed, provided such Easement is
substantially similar to the Easement which is in furtherance of the development of the Hotel as
described in the above - mentioned City Council Agenda Report, and agrcements among the City,
the Developer, end the lender for the Developer as described in the above mentioned City
Council Agenda Report. The City Manager is expressly authorized to execute documents,
including deeds of correction and/or deeds of easement to modify the legal description of the
Easement after the City Manager accepts the sealed survey plats to be provided to the City by
Developer, or new or amended deeds of easement for the relocation of the Easement as provided
for in the Deed.
5. City Council expressly confirms and reafSnns the authority granted to the City
Manager to implement, administer, and enforce the Hotel Per %nuance Agreement as set forth in
Ordinance No. 39829 - 121613, adopted on December 16, 2013, and Ordinance No. 40564-
062016, adopted on hoe 20, 2016.
6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
OrAtuevice Dcad or Fasanan¢ (10.17 -16)
This Ordinance is effective as of the dale of its passage.
ATTUST
City C�
Otdfnenee Deed of Eaeemems (10.17 -16)
Meeting: November 21, 2016
Subject: Award to South Commonwealth Partners, LLC, an easement in
connection with the Hampton Inn & Suites hotel at 27 Church
Avenue, S.E. (adjacent to the Market Garage at 25 Church
Avenue, S.E.)
Background:
On October 17, 2016, Council conducted a public hearing and granted,
confirmed, and amended easements and other property rights granted to South
Commonwealth Partners, LLC (Developer) in connection with the development
and operation of the Hampton Inn & Suites Hotel at 27 Church Avenue, S.E.
(adjacent to the Market Garage at 25 Church Avenue, S.E.) (Hotel).
The City and Developer discovered that an easement which the parties assumed
had been granted to AEP for electric service for the Hotel should have been
granted to Developer.
The new easement is a 10' wide easement containing approximately 1,118 sq
feet of land, to bring electric service to the Hotel. The proposed easement will
encumber portions of City -owned property situated at 25 Church Avenue, S.E.
(Official Tax Map No. 4015004) and 106 Franklin Road, S.E. (Official Tax Map
No. 401 5003).
The easement to be granted pursuant to the terms and conditions of the Deed
of Easement (Deed) has a term of 40 years commencing upon execution of the
Deed. Due to the length of the easement's term, the Code of Virginia requires
that the proposed easement be advertised for bidding by the public and a
public hearing be held on the matter. On August 15, 2016, and ratified on
November 7, 2016, City Council authorized the scheduling and advertising for
bids and for a public hearing on this matter. The receipt and opening of bids
together with the public hearing is scheduled for November 21, 2016. A copy of
such proposed Deed is attached to this report.
Considerations:
Public advertisements for an Invitation for Bids and for a Public Hearing on this
matter were placed in the Roanoke Times on November 7, 2016, and November
14, 2016, as required by the Code of Virginia. A copy of the necessary Bid
Form, Proposed Deed, proposed Plat, and proposed Ordinance were made
available to the public in the City Clerk's Office on and after November 7, 2016.
Bids were to be submitted to the City Clerk on or before Noon, 12 p.m., local
time, on Monday, November 21, 2016. All such bids received at or before that
time were held by the City Clerk, unopened, until 2:00 p.m., local time,
Monday, November 21, 2016, at which time they were delivered to the Council
Chamber and publicly opened and read aloud, all in accordance with Section
15.2 -2102 Code of Virginia (1950), as amended.
One written bid for the Deed mentioned above was received by the City Clerk
on or before Noon, 12 p.m., November 21, 2016, a copy of such bid is attached
to this report. This bid was opened and read aloud at the 2:00 pm session of
City Council in Council Chamber located in Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. The bid was from
South Commonwealth Partners, LLC, for the above mentioned Deed, subject to
certain terms and conditions as contained in the proposed Deed that was made
available to the public as mentioned above. The matter was referred to the City
Manager for review, evaluation, and to finalize the terms and conditions of such
Deed. The final terms and conditions are subject to approval by Council. A
copy of the proposed Deed is attached to this report.
The proposed Deed includes one easement on City -owned properties
(Easement). The City -owned properties that will be subject to the proposed
easement are Official Tax Map No. 4015004 located at 25 Church Avenue, S.E.,
and Official Tax Map No. 4015003 located at 106 Franklin Road, S.E. The
following chart summarizes the proposed easement:
Easement Purpose
A- 3 -1b(i) Private Power Utility for
Hotel Project
City Property affected Term of
(Official Tax Map No.) Easement
4015003 and 4015004 40 years
The proposed easement is depicted in detail in an easement plat, dated October
12, 2016, revised October 14, 2016, and prepared by Balzer and Associates,
Inc. (Easement Plat).
The purpose of the proposed easement as set forth in the Deed is for the
development, construction, operation, and maintenance of the Hotel Project, all
as more fully set forth in the proposed Deed.
After proper and timely Notice as required by the Code of Virginia, Council held
a public hearing on this matter at its 7:00 p.m. meeting on November 21, 2016,
at which hearing all parties in interest and persons were given an opportunity to
be heard, both for and against the proposed Deed.
The City Manager recommends that Council find that the bid of South
Commonwealth Partners, LLC, on this matter is from a responsible bidder and
responsive and that Council accept such bid and approve the execution of the
proposed Deed, a copy of which is attached to this report.
Recommended Action:
Accept the bid of South Commonwealth Partners, LLC, and make a grant and an
award for the Easement set forth in the Deed to such entity.
Approve the terms of the Deed between the City and Developer, as set forth in
the proposed Deed attached to this report, and determine that the award of the
Easement as set forth in the proposed Deed will aid in the growth of economic
development within the City.
Authorize the City Manager to execute and deliver a Deed in which the City sells
and transfers, one Easement for limited purposes and uses affecting the
following City -owned properties: Official Tax Map No. 4015004 (25 Church
Avenue, S.E.), and Official Tax Map No. 4015003 (106 Franklin Road, S.E.) for
the development, construction, operation, and maintenance of a hotel with 127
rooms (Hotel) that has been constructed by South Commonwealth Partners,
LLC. Such Deed shall be substantially similar to the one attached to this report
and upon such other terms as the City Manager deems appropriate and agrees
to. Such Deed shall be approved as to form by the City Attorney. The bond or
security to be provided to the City by the Developer shall be in such form and
amount as the City Manager deems appropriate.
The term of the Easement is 40 years and is set forth in the Deed and in this
report and the Easement will expire automatically upon the expiration of its
term.
Authorize the City Manager to take such further actions and to execute such
further documents, approved as to form by the City Attorney, as may be
necessary to implement, administer, and enforce such Deed and to accomplish
the above matters and complete the transfer of the above mentioned Easement.
Such actions and /or document execution include, but are not limited to any
needed modifications to such Deed, modifications or amendments to the
Easement granted pursuant to the Deed, provided such Easement is
substantially similar to the Easement which is in furtherance of the
development of the Hotel Project as described in this Report, and agreements
among the City, the Developer, and the lender for the Developer as described in
this report. The City Manager is expressly authorized to execute documents,
including deeds of correction and /or deeds of easements to modify the legal
description of the Easement, or new or amended deeds of easements for the
relocation of the Easement as provided for in the Deed. Such documents shall
be approved as to form by the City Attorney.
L- --------------- - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Wayne Bowers, Economic Development Director
Marc Nelson, Special Projects Coordinator, Economic Development
Deborah j. Moses, Parking Coordinator
BID FORM
FOR ACQUISITION OF EASEMENT
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.m., local time, Monday, November 21, 2016, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left-hand comer of envelope and on the back of the envelope in bold letters
the following title: Bid for Acquisition of Easement in Connection with Hotel Project at
Market Garage, To Be Opened At the City Council Meeting at 2:00 p.m on November 21,
2016. I
Date: I I I 6
Co(�Mn..1. fa �. Pyg76 ?/ LLG proposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Deed of Easement (Deed), a copy of which is on
file in the Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder
warrants that it can and will comply with the provisions of such Deed. Bidder acknowledges and
agrees that this bid is for an easement set forth in the Deed and which is summarized in Schedule
1 attached to this Bid. The Hotel Project is a 127 room hotel constructed within certain air rights
above the Market Garage situated at 25 Church Avenue, S.E., Roanoke, Virginia, and two (2)
condominium units within said Market Garage. The Hotel Project is more particularly described
as properties at 27 Church Avenue, S.E., Roanoke, Virginia and depicted as Official Tax Map
Nos. 4015006, 4015007, and 4015008.
Bid: Payment for acquisition of the easement, as described in the Deed in the total amount of
dnf_ and /100 Dollars ($ (. 00 ), which shall be paid in
cash, certified check, or wire transfer at a closing to occur on or before November 30, 2016, or at
such other time as the parties agree to.
aid Form Elecoic casement (1I- 21 -16)
Bid: The right and financial ability of Bidder to operate the Hotel Project, as described in
Exhibit A attached hereto and made a part hereof.
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
perform, and is obligated under the Performance Agreement for Hotel Development,
Construction, Operation, and Maintenance dated December 18, 2013 (Hotel Performance
Agreement).
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
perform, and is obligated under a Parking Agreement dated December 18, 2013 with respect to
parking permits for use by guests of the Hotel Project.
Bid Term: The term for of the easement is set forth in Schedule 1 attached to the Bid Form.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission (SCC), or the complete legal name of bidder if it is not a corporation.
LLG
STREET ADDRESS: d7
C�� /c-� Ave
.S�
MAILING ADDRESS: y0
ZIP CODE:
TELEPHONE: ( 6`-A ) a% I - 9 $ SS FAX: (7F6Lt)
Bidder's SCC Identification Number: -T-O"- ( ('? 9
Bid Form Mne c Eus t (11- 21 -15)
SCHEDULEI
BID FORM
FOR
ACQUISITION OF EASEMENT
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
The following chart is a summary of the easement that is the subject matter of this bid
Iffon"I
Easement Puroose
A- 3 -b(i) Private Power Utility for Hotel
Project
Bid Fom Elmmc Ea t(1L ?I -16)
City Property affected Term of
(Official Tax Map No.) Easement
4015003 and 4015004 40 years
R. BRIAN TOWNSEND. ASSISTANT C
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
I
RECEIVED
F GV i 7 I'll J
THE
GFl
Account Number
6017304
Oate
November 14, 2016
Date
Category
Description
Ad Size
Total COSt
11/20/2016
Props -Sid Bids -RFP
ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTIC
1 x 236 L
2.222.32
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice
ADVERTISEMENT FOR INVITAT was published in said newspapers
on the following dates:
11/0).11/14/2016
The First insertion being given ... 1110712016
Newspaper reference: 0000424903
� u
Sworn to and subscribed before me this Monday, November 14, 2016
n l�
Notary Publid
State of Virginia
City /County of Roanoke
My Commission expires
la�3oll�
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
ADVERTISEMENT FOR
INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council of the
City of Roanoke
for Execution of a Deed of
Easement
Pursuant to the requirements If
Sections 15.2 1100. 15.22101, 151-
2101 at seq., Code of Virginia (1950). as
amended, the City of Roanoke, Virginia
(City) hereby gives nation that the oily
Is inviting bids from qualified bidders
for the sale and transfer of a certain
meet on City ..,ad properties
within the City. which easement is set
forth in the proposed Deed of
Easement (Deed), subject to the terms
and condition, of the prpposetl Deed
The proposed easement set orth In the
proposed Deed Is to be granted to the
aeu9ul bltltler to be used In the
development, construction, operallon,
and maintenance of hotel consisting
of p e hundred twenty -seven (122)
ms (Hotel Project) that has been
on,lrvotm above And within the
City's Market Garage, 25 Church
Avenue. SE., Roanoke, Virginia (Market
Garage) and adjacent parcels of City
caned property. The Hotel Project Is
O
ituated at 22 Church Avenue SE,
Roanoke, Virginia, and
particularly depicted as Offimalmfaz
Map No,. 4015006. 4015002, and
40' SOON, me proposed easement will
allow the s s .... Led bidder to u
portions of such City owned properties
for specific purposes In connection
with the Hotel Project. The City owned
propene, that will be subject m the
proposed easement are official Tax
Map No. 4015004 located at 25 Church
Avenue, SE, and Official Tad Map No
4015003 located at 106 Franklin Road,
SE. The following chain summances
the proposed easement.
Easement A -3 b(i)
Purpose'. Private Power Wilily for
Hotel Protect
Clay Property affected (Official Tax
Al : 4015003and4015004
Term of Easement 40 years
The propped easement IS depicted In
detail in an men( plat. dated
October 12, 2016, revised October 14,
2016, and prepared by Balzer and
A..od.to,. be (Easement Plat.
The purpose of the proposed easement
set forth Id the Deed Is for the
development constructloa operation,
and maintenance of the Hotel Project.
e fully set forth In the
proposed poem. Any bidder shall he
able to provide sufficient evidence that
such bidder has acquired the rights
necessary to opemle the Hotel Projetl,
Hotel Project, bas entered Into A
Parking Agreement, dated December
IN 2013, for use of parking permits
within the Market Garage (Parking
Agreement), has entered into a
Performance Agreement for Hotel
Development. Construction operation.
antl Maintenance dated December IS
2013 (Hotel Performance Agreement),
and wall be able to accept the proposed
Deed subjpct to all of Its terms and
conditions.
If the City circus to gram and award
the easement as SO forth In the
proposed Deed. City Coural wgl be
requested to adopt an ordinance to
that effect The full text of the
proposed ordinance granting and
warding the easement is on file and
may be reviewed In the 01 of the
City Clerk, Room 456, Noel C. Taylor
Municipal Building. 215 Church Avenue.
S. W., Roanoke, Virginia 24011 The City
Clerk will also have cpples of the
edy ordinance, P op ...d Deed
,
...... sc
the Easement Plat and ler farm will be.
voila erMonda City Clerk's Office pn le at the
and after MUntlay. NOVemberL 201s,
Any interested entity is invited to
submit a written bad Including a
ompaead bid form, far the Deed for
the Easement az described Shove.
Each bltltler shall .,hurt the following
Information:
1. The legal n a me of the entity
submitting me bitl. ncNtli m
ne e
Identification Number Issued to It by
the Vormma State Corporation
Caunmesmn.
2 -TM1e purchase price to be paid for the
,efts N described In the Deed
3. The Hghts of the bidder to operate
the Hotel Project and financial ability of
the bidder to operate the Hotel Protect
4- The bidder's ackmordboement and
,ordinance that bidder bas ...cured
115 obligated under, and has agreed to
Perform the Hotel Performance
Agreement
5. The bidders Acknowledgement doll
confirmation that bidder has exViummd
is obligated ends, and has agreed to
perform the Parking Agreement.
6- other Informaton as the bidder
deems appropriate
hour 3 may be mbnired A shad
narrative statement Bids are to be
submitted in a eualed envelope or
container to the City Clerk at the
address noted above oa or before
Noon, 12:W p.m., local time, Monday,
November 21. 2016. The outside at the
bid envelope should be marked as
follows: "BID FOR ACQUISITION OF
EASEMENT IN CONNECTION WITH
HOTEL PROJECT AT MARKET GARAGE,
To BE OPENED AT THE Crtv COUNCIL
MEETING AT 2:00 P.M. ON NOVEMBER
21, 2016" The bid should be addressed
to the City Colonel of Roanoke, 40
Office of the City Clerk, Room 456 Fuel
C. Taylor Municipal Building. 215
Church Avenue, S.W., Roanoke,
Vlrylnla, NCIC All bids ...owed well
be held by the City clerk, unopened.
until 2:00 p.m., local time, on Monday,
November 21, 2016 at evach time they
will be delivered to the Council
Chamber, Room 450, Noel C. Taylor
Municipal Building. 215 Church Avenue
SW., Roanoke, Virginia, 24011, and
thereafter be pubecly opened and read
aloud In accordance with Section 152-
2102 Con, cl Vol ime (1950), as
The City re es the right to cancel
this Invitation for Bad antlPor to .elect
any and all bids, to lo we any
informality or irregularity in the bids
aired. and to accept the bid which is
renewed. dto beinthe best int .... t of the
City
The entity to wham the easement In
the Deed may be granted and awarded
.ball prim,.... the City far The [oats of
any advertisemens for the matter.
Pursuant to the requirements of
Sections 1521100, et seq.. Code of
here�by1 van that the Council Of the
City of Roanoke will had a public
hearing on the above matters at Its
regular meeting to be held on Monday
November 21, 2016, at 7 Be p.m. Idea
time, or as some thereaner a. Colonel
is available. In the Council Chamber.
Room a50, Noel C Taylor Municipal
Building. 215 Church Avenue 5.w.,
Roanoke, Virginia 24011. TV, lather
information on this matter, you may
conduct the office of the City Clerk at
Even 852 2541,
All parties and iof .... Led persons may
appeared the above date and time and
be heard on the matter.
II you a a person who needs
accommodations for this hearing .
pls contact the City Clerk's ofnce at
(540) 8532541 before DIED noon on the
Thursday before the date of the
hearing listed whose.
GIVEN under my band this Tth day of
Novembeq SITE
Strumend do Moon pushig', Clly
Clerk
(424903)
Vv ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council of the City of Roanoke
for Execution of a Deed of Easement
Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code
of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the
City is inviting bids from qualified bidders for the sale and transfer of a certain easement on
City -owned properties within the City, which easement is set forth in the proposed Deed of
Easement (Deed), subject to the terns and conditions of the proposed Deed. The proposed
easement set forth in the proposed Deed is to be granted to the successful bidder to be used in the
development, construction, operation, and maintenance of a hotel consisting of one hundred
twenty -seven (127) rooms (Hotel Project) that has been constructed above and within the City's
Market Garage, 25 Church Avenue, S.E., Roanoke, Virginia (Market Garage) and adjacent
parcels of City -owned property. The Hotel Project is situated at 27 Church Avenue, S.E.,
Roanoke, Virginia, and more particularly depicted as Official Tax Map Nos. 4015006, 4015007,
and 4015008. The proposed easement will allow the successful bidder to use portions of such
City -owned properties for specific purposes in connection with the Hotel Project. The City -
owned properties that will be subject to the proposed easement are Official Tax Map No.
4015004 located at 25 Church Avenue, S.E., and Official Tax Map No. 4015003 located at 106
Franklin Road, S.E. The following chart summarizes the proposed easement:
Easement Purpose Citv Propertv affected Term of
(Official Tax Map No.) Easement
A- 3 -b(i) Private Power Utility for Hotel 4015003 and 4015004 40 years
Project
The proposed easement is depicted in detail in an easement plat, dated October 12, 2016,
revised October 14, 2016, and prepared by Balzer and Associates, Inc. (Easement Plat).
The purpose of the proposed easement as set forth in the Deed is for the development,
construction, operation, and maintenance of the Hotel Project, all as more fully set forth in the
proposed Deed. Any bidder shall be able to provide sufficient evidence that such bidder has
acquired the rights necessary to operate the Hotel Project, has the financial ability to operate the
Hotel Project, has entered into a Parking Agreement, dated December 18, 2013, for use of
parking permits within the Market Garage (Parking Agreement), has entered into a Performance
Agreement for Hotel Development, Construction, Operation, and Maintenance dated December
18, 2013 (Hotel Performance Agreement), and will be able to accept the proposed Deed, subject
to all of its terms and conditions.
If the City elects to grant and award the easement as set forth in the proposed Deed, City
Council will be requested to adopt an ordinance to that effect. The full text of the proposed
ordinance granting and awarding the easement is on file and may be reviewed in the Office of
the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form
Notice of Public Hearing for De d of Fasemwt Q 1- 21 -16]
available. The proposed ordinance, proposed Deed, the Easement Plat, and bid form will be
available at the City Clerk's Office on and after Monday, November 7, 2016.
Any interested entity is invited to submit a written bid, including a completed bid form,
for the Deed for the Easement as described above. Each bidder shall submit the following
information:
1. The legal name of the entity submitting the bid, including the Identification
Number issued to it by the Virginia State Corporation Commission.
2. The purchase price to be paid for the easement described in the Deed.
3. The rights of the bidder to operate the Hotel Project and financial ability of the
bidder to operate the Hotel Project.
4. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Hotel Performance Agreement.
5. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Parking Agreement.
6. Other information as the bidder deems appropriate.
Item 3 may be submitted as short narrative statement. Bids are to be submitted in a sealed
envelope or container to the City Clerk at the address noted above on or before Noon, 12:00
p.m., local time, Monday, November 21, 2016. The outside of the bid envelope should be
marked as follows: "BID FOR ACQUISITION OF EASEMENT IN CONNECTION WITH
HOTEL PROJECT AT MARKET GARAGE, TO BE OPENED AT THE CITY COUNCIL
MEETING AT 2:00 P.M. ON NOVEMBER 21, 2016." The bid should be addressed to the City
Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held
by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, November 21, 2016, at
which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly
opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as
amended.
The City reserves the right to cancel this Invitation for Bids and /or to reject any and all
bids, to waive any informality or irregularity in the bids received, and to accept the bid which is
deemed to be in the best interest of the City.
The entity to whom the easement in the Deed may be granted and awarded shall
reimburse the City for the costs of any advertisements for this matter.
Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matters at its regular meeting to be held on Monday, November 21, 2016, at
7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber,
No(,,e oFPubk H, i i, foe Deedor F.,e.e.t(11- 21 -16)
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. For further information on this matter, you may contact the Office of the City Clerk at
(540) 853 -2541.
All parties and interested persons may appear on the above date and time and be heard on
the matter.
If you are a person who needs accommodations for this hearing, please contact the City
Clerk's Office at (540) 853 -2541 before 12:00 noon on the Thursday before the date of the
hearing listed above.
GIVEN under my hand this 7th day of November, 2016.
Stephanie M. Moon Reynolds, City Clerk.
Nonce of Public Hearing for Deed of Easement (1121 -16)
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Monday, November 7, 2016,
and once on Monday, November 14, 2016.
Please send bill to:
R. Brian Townsend
Assistant City Manager for Community
Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, VA 24011
(540) 853 -2333
Nmicc of Public Hearing for Decd of Easement ( 11 2 I -16)
Please send affidavit of publication to:
Stephanie M. Moon Reynolds
City Clerk's Office
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Suite 456
Roanoke, VA 24011
(540) 853 -2541
f CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215( . hurch Avenne, S. W., Room 456
f" Roanoke, Virginia 24011 -1536
1 ele,l e: (541))X53 -2541
F.,: (5411853 -1145
tiIT:1`IIANIP: 61. 61(1(IN 121]'N111A15, kIM(. L: moil: cicrk!n roxnnkevn'eO° ('F('11LlAF.N1('(01'
11(pnly ('ily ('Icrk
(H ELIA'1'. \4'1:m1, ('NI('
November 30, 2016 A.,,hlm,l Pepe, U il> ('lei k
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor /Aughtry Company, Inc., Suite 500
40 West Broad Street
Greenville, South Carolina 29601
Dear Mr. Aughtry:
I am enclosing an attested copy of Ordinance No. 40708 - 112116 authorizing an
encroachment, at the request of South Commonwealth Partners, LLC, a South Carolina
limited liability company, into the public right -of -way of the City of Roanoke, located on
Church Avenue, S.E., Roanoke, Virginia, in connection with the development of the
downtown Hampton Inn, adjacent to real property located at Official Tax Map No.
4015003; upon certain terms and conditions.
As set forth in Paragraph 3 of Ordinance 40708- 112116, South Commonwealth
Partners, LLC, its grantees, assigns, or successors in interest, shall, for the duration of
this permit, maintain on file in the City Clerk's Office, evidence of insurance coverage for
such encroachment in an amount not less than $2,000,000 of general liability insurance;
the Certificate of Insurance must list the City of Roanoke, its officers, agents, and
employees as additional insureds, and an endorsement by the insurance company
naming these parties as additional insureds must be received within 30 days of passage
of this Ordinance; and the Certificate of Insurance shall state that such insurance may
not be canceled or materially altered without 30 days written advance notice of such
cancellation or alteration being provided to the Risk Management Officer for the City of
Roanoke.
Furthermore, Ordinance No. 40708 - 112116 shall be in full force and effect at such time
as a copy, duly signed, sealed, and acknowledged by South Commonwealth Partners,
LLC has been admitted to record, at the cost of South Commonwealth Partners, LLC, in
the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect
only so long as a valid, current certificate evidencing the insurance required in
Paragraph 3 as abovementioned is on file in the Office of the City Clerk, or until the City
requires removal of such encroachment, which may be done in the sole discretion of the
City by sending written notice to South Commonwealth Partners, LLC to remove the
encroachment.
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor /Aughtry Company, Inc.
November 30, 2016
Page 2
Lastly, in the event Ordinance No. 40708 - 112116 is not signed by South
Commonwealth Partners, LLC and recorded in the Circuit Court Clerk's Office for the
City of Roanoke within 90 days from the adoption of this Ordinance, this Ordinance shall
terminate and be of no further force and effect.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016. and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Deborah J. Moses, Director, Hotel Roanoke Conference Center Commission
Philip C. Schirmer, P.E., City Engineer
Marc B. Nelson, Special Projects Coordinator, Economic Development
Cassandra L. Turner, Economic Development Specialist
PI Im. c R1(11 rr OF WAY LOCATED
A DJA('I IN'I "I'00FFICIAL'I'AX MAP NO 4015003
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of November, 2016.
No. 40708 - 112116.
AN ORDINANCE authorizing an encroachment, at the request of South Commonwealth
Partners, LLC, a South Carolina limited liability company, into the public right -of -way of the City of
Roanoke, located on Church Avenue, S.E., Roanoke, Virginia, in connection with the development
of the downtown Hampton Inn, adjacent to real property located at Official Tax Map No. 4015003;
upon certain terns and conditions, and dispensing with the second reading of Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that-
L Authorization is hereby granted to South Commonwealth Partners, LLC, a South
Carolina limited liability company, pursuant to Section 15.2 -2010, Code of Virginia (1950) as
amended, for the encroachment of a connection to an electrical box owned by Appalachian Electric
Power into the City's public right -of -way located at Church Avenue, S.E., Roanoke, Virginia, in
front of the new Hampton Inn, adjacent to property located at Official Tax Map No. 4015003, forthe
purpose of providing electrical service to the improvements on the real property designated as
Official Tax Map Nos. 4015006, 4015007, and 4015008. The area of the encroachment shall be
approximately 7 feet by 10 feet into the public right -of -way, more particularly bounded and
described on the survey entitled "Plat Showing New Easement to be Located on Roanoke City T.M.
#4015003 and T.M. #4015004 10' Easement (A- 3- b(i))," dated October 12, 2106, acid Revised
October 14, 2016, and as more particularly set forth and described in the City Council Agenda
Report dated November 21, 2016. No additional property may be placed into the public right- of-
way by Appalachian Electric Power pursuant to this Ordinance.
I. 11 is agreed by South Commonwealth Painters, LLC that in maintaining such
encroachment, South Commonwealth Partners, LLC and its grantees, assignees, or successors in
interest agree to indemnify and save harmless the City or Roanoke, its officers, agents, and
employees from any and all claims for injuries or damagCS to persons or property, including
attorney's fees, that may arise by reason of the above - described encroachment. South
Commonwealth Paitnem, LLC agrees that the encroachment shall bet emoved at any time from the
public right -of -way upon written demand of the City of Roanoke, and that such placement and
removal ofthe encroachment shall beat the sole cost and expense of South Commonwealth Partners,
LLC. South Commonwealth Partners, LLC agrees that it shall be solely responsible for the
installation, maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall
replace any damage to the building, and any damage to the land, caused by the placement and
removal of the encroachment, at South Commonwealth Partners, LLC's sole cost and expense. South
Commonwealth Partners, LLC, fruther agrees that the City of Roanoke has no liability to South
Commonwealth Partners for any vandalism or theft of such electrical box.
3. South Commonwealth Partners, LLC, its grantees, assigns, or successors in interest,
shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of
insurance coverage for such encroachment in an amount not less than $2,000,000 ofgeneral liability
insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and
employees as additional insureds, and an endorsement by the insurance company naming these
parties as additional insureds must be received within thirty (30) days ofpassage of this Ordinance.
The certificate of insurance shall state that such insurance may not be canceled or materially altered
2
Without thirty (30) days written advance notice of such cancellation or alteration being provided to
the Risk Management Officer for the City of Roanoke.
4. The City Clerk shall transmit an attested copy of this Ordinance to South
Commonwealth Partners, LLC, c/o Windsor /Aughtry Company, Inc., Suite 500, 40 West Broad
Street, Greenville, SC 29601.
5. This Ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by South Commonwealth Partners, LLC has been admitted to record, at
the cost of South Commonwealth Partners, LLC, in the Clerk's Office of the Circuit Court for the
City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the
insurance required in Paragraph 3 above is on file in the Office of the City Clerk, or until the City
requires the removal of such encroachment, which may be done in the sole discretion of the City by
sending written notice to South Commonwealth Partners, LLC to remove the encroachment
authorized herein. In the event this Ordinance is not signed by South Commonwealth Partners, LLC
and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days
from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and
effect.
6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance
by title is hereby dispensed with.
ATTEST: taQ
City Clertt.
The undersigned acknowledges that it has read and understands the terns and conditions stated
above and agrees to comply with those terms and conditions.
SOUTH COMMONWEALTH PARTNERS, LLC
a South Carolina limited liability company
try-
Paul C. Aughhy, Ill, Manager
STATE OF SOUTH CAROLINA )
To -wit:
COUNTY OF )
1, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this day of , 2016, by Paul C.
Aughtry, III, Manager of South Commonwealth Partners, LLC, a South Carolina limited liability
company, for and on behalf of South Commonwealth Partners, LLC, a South Carolina limited
liability company.
My Commission
Notary Public
Registration
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 21, 2016
Subject: Encroachment Request from South Commonwealth Partners,
LLC for a Connection to an Electrical Box into Public Right of
Way Located Adjacent to Official Tax Map Number 4015003
(CM 16- 00163)
Background:
South Commonwealth Partners, LLC is requesting an encroachment for a
connection to an electrical box into the public right -of -way of the City of
Roanoke located on Church Avenue, S.E., Roanoke, Virginia, in connection with
the development of the downtown Hampton Inn, adjacent to real property
located at Official Tax Map No. 4015003.
The encroachment request allows the electrical box to provide electrical service
to the improvements on the real property designated as Official Tax Map Nos.
4015006, 4015007, and 4015008. The area of the encroachment shall be
approximately 7 feet by 10 feet into the public right -of -way, more particularly
bounded and described on the attached survey entitles "Plat Showing New
Easement to be Located on Roanoke City T.M. #401 5003 and T.M. #4015004
1 O'Easement (A- 3- b(i))."
Recommended Action:
Approve the proposed Ordinance authorizing the encroachment of the
connection to the electrical box described on the plat attached to this letter. All
necessary documents required for this encroachment are to be approved as to
form by the City Attorney.
-- - - - - --
ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Dev.
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director Economic Development
Debbie Moses, Parking Administrator
Philip C. Schirmer, P.E., City Engineer
Marc B. Nelson, Special Projects Coordinator
Cassandra L. Turner, Economic Development Specialist
LEGEND
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1. OWNER OF RECORD: CITY OF ROANOKE
LEGAL REFERENCE: D.B 1436, PG. 659
M.B. 1, PGS. 3354 -3355
LTH OF
TAX MAP NUMBER: 4015003
ylE-P
2. OWNER OF RECORD: CITY OF ROANOKE
LEGAL REFERENCE: INST. #040000603
10 -14 -16 Z
TAX MAP NUMBER: 4015004
JOHN R. McADEN
Lic. No.002002
PLAT SHOWING NEW EASEMENT
R
TO BE LOCATED ON ROANOKE CITY T.M. #4015003
AND T.M. #4015004
�qNO SURNF' {O
1o' EASEMENT' (A- 3 -b(i))
INSTRUMENT #130014356
CITY OF ROANOKE, VIRGINIA
DATED OCTOBER CTOBER 1 12, 2016
REVISED OCTOBER 14, 2016
JOB #81300045.00 - ESM'T 3
SCALE: 1" 50"
TEL: 540 - 772 -9580 FAX: 540- 772 -8050 DRN: SCE
.. .w .a. =..ow
PLANNERS ARCHC
ENGINEERS SURVEYORS
Balzer & Associates, Inc. 1208 Corporate Circle Roanoke Va.
24018 •ors •ux+rms
November 22, 2016
Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
William Randall Kelley, Manager and Director
Harbour Retail Partners Management, LLC
2200 Carlisle Road
Greensboro, North Carolina 27408
Gentlemen:
I am enclosing copy of Ordinance No.40709- 112116 authorizing the proper City officials
to execute a Performance Agreement among the City of Roanoke, the Economic
Development Authority of the City of Roanoke, Virginia, and HRP Ivy Market, LLC, a
special purpose entity formed by Harbour Retail Partners Management, LLC that
provides for certain undertakings by the parties in connection with the continued
development of certain property located at the northwest corner of Franklin Road and
Wonju Street, SW, in the City of Roanoke; authorizing the City Manager to take such
actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of such Performance Agreement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
,`S'in�c+e'relllyy, %Y���� ,� QUA','
Stephanie t)-).
oon Rey 1o18s M?
City Clerk
Enclosure
CITY OF ROANOKE
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Romn 456
M_.
Ronuoke, Virginia 24011 -1536
Teleplione: (540)853 -2541
❑nx: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -nail: clerkplroanokre.,ry
CECELIA F. MCCOV
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
November 22, 2016
Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
William Randall Kelley, Manager and Director
Harbour Retail Partners Management, LLC
2200 Carlisle Road
Greensboro, North Carolina 27408
Gentlemen:
I am enclosing copy of Ordinance No.40709- 112116 authorizing the proper City officials
to execute a Performance Agreement among the City of Roanoke, the Economic
Development Authority of the City of Roanoke, Virginia, and HRP Ivy Market, LLC, a
special purpose entity formed by Harbour Retail Partners Management, LLC that
provides for certain undertakings by the parties in connection with the continued
development of certain property located at the northwest corner of Franklin Road and
Wonju Street, SW, in the City of Roanoke; authorizing the City Manager to take such
actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of such Performance Agreement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 21, 2016; and is in full force and effect
upon its passage.
,`S'in�c+e'relllyy, %Y���� ,� QUA','
Stephanie t)-).
oon Rey 1o18s M?
City Clerk
Enclosure
Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
William Randall Kelley, Manager and Director
Harbour Retail Partners Fund Pooler, LLC
November 22, 2016
Page 2
c: Allen Damon Williams, Chair, City of Roanoke Economic Development Authority,
2618 Charing Cross Drive, S. W., Roanoke, Virginia 24018
Braxton G. Naff, Secretary, City of Roanoke Economic Development Authority,
2131 Deyerle Road, S. W., Roanoke, Virginia 24018
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
I N I I HE ('Or INC] L OF TI IF CITY OF ROANOKE, VIRGINIA
Il 21st Any or Novmnbcr, 2016.
No. 40709- 1.12116.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement among the City of Roanoke (City), the Economic Development Authority of the City
of Roanoke, Virginia, (EDA), and HRP Ivy Market, LLC, (HRP Ivy Market), a special purpose
entity formed by Harbour Retail Partners Management, LLC that provides for certain
undertakings by the parties in connection with the continued development of certain property
located at the northwest corner of Franklin Road and Wonju Street, SW, in the City of Roanoke
(Project); authorizing the City Manager to take such actions and execute such documents as may
be necessary to provide for the implementation, administration, and enforcement of such
Performance Agreement; and dispensing with the second reading of this Ordinance by title.
WHEREAS, on June 20, 2016, City Council adopted Ordinance No. 40569- 062016
approving a performance agreement among the City, the EDA, and HRP Ivy View, LLC for the
continued development of the Ivy Market Project located at the comer of Franklin Road and
Wonju Street;
WHEREAS, HRP Ivy View, LLC and Harbour Retail Partners Management, LLC
entered into an agreement for the sale of the Ivy View parcels. Harbour Retail Partners
Management, LLC intended to assign its rights under this agreement to HRP Ivy View, LLC and
requested the Performance Agreement authorized by Council on June 20, 2016;
WHEREAS, Harbour Retail Partners Management, LLC has decided to assign its rights
to another special purpose entity created by Harbour Retail Partners Management, LLC, HRP
Ivy Market, LLC, a Delaware limited liability company;
WHEREAS, this decision required a revision to the Performance Agreement with the
City and EDA;
0 -Po foonmce egreetnent -Ivy View -HRP Ivy Market (1I- 21 -16)
WHEREAS, the revised Performance Agreement is substantially similar to the
Performance Agreement approved in June, with changes as set forth in the City Council Agenda
Report dated November 21,2016;
WHEREAS, such continued development of the site will require significant infrastructure
cost and other costs for the continued development of the Project in order to attract high quality
retail activity;
WHEREAS, Harbour Retail Partners Management LLC has requested an annual
economic development grant through the EDA to assist in the unusual expense for continued
development of the Project for HRP Ivy Market;
WHEREAS, City staff has advised Council that such project will benefit economic
development within the City and the Roanoke Region; and
WHEREAS, the City and the EDA wish to encourage HRP Ivy Market to complete the
Project in order to enhance and promote economic development within the City and the Roanoke
Region.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of the revised Performance Agreement
among the City, the EDA, and HRP Ivy Market, as set forth in the City Council Agenda Report
dated November 21, 2016, and its attachments, which provides for certain undertakings and
obligations by HRP Ivy Market, as well as certain undertakings by the City and the EDA. City
Council further finds that the annual economic development grant provided for by the
Performance Agreement will promote economic development within the City and the Roanoke
Region and will be of economic benefit to the City and its citizens.
1 The City Manager is hereby authorized on behalf of the City to execute a
Performance Agreement among the City, the EDA, and HRP Ivy Market, upon certain terns and
O- PUPonnanw Agmcmen( -Ivy V,e, -HRP Ivy Marked (11- 21 -16) 2
conditions as set Forth in the above referenced Agenda Report. The Performance Agreement
shall be substantially similar to the one attached to such Agenda Report and in a form approved
by the City Attorney.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Performance Agreement,
4. This Ordinance supersedes and controls over Ordinance No. 40569- 062016 to the
extent Ordinance No. 40569- 062016 is inconsistent or conflicts with the provisions of this
Ordinance.
5. Pursuant to the provisions of §12 the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
AV ST 0 (t
a -tll o/
City CIErK.
O- Pefomiana Agreeinent -Ivy View -HRP Ivy Market (11- 21 -16)
3
Meeting: November 21, 2016
Subject: Performance Agreement Among the City of Roanoke, City of
Roanoke Economic Development Authority, and HRP Ivy Market,
LLC for the Continued Development of the Ivy Market Project
(CM 16- 00167)
Background:
On June 20, 2016, the City Council adopted Ordinance No. 40569- 062016
approving a performance agreement among the City of Roanoke, City of
Roanoke Economic Development Authority (EDA), and HRP Ivy View, LLC for the
continued development of the Ivy Market Project located at the corner of
Franklin Road and Wonju Street. Ivy View, LLC and Harbour Retail Partners
Management, LLC entered into an agreement for the sale of the Ivy View
parcels. Harbour Retail Partners Management, LLC intended to assign its rights
under this agreement to HRP Ivy View, LLC and requested the Performance
Agreement authorized by Council on June 20, 2016. Harbour Retail Partners
Management, LLC has decided to assign its rights to another special purpose
entity, created by Harbour Retail Partners Management, LLC, HRP Ivy Market,
LLC, a Delaware limited liability company. The attached Performance
Agreement is substantially similar to the Performance Agreement approved in
June (the changes are identifying the new Developer in the Performance
Agreement and Exhibit 3 to the Performance Agreement, and Exhibit 2 is a copy
of the executed Amendment No. 2 to the performance agreement with the
current owner of the Ivy View Parcels).
Considerations:
The substantive terms of the Performance Agreement, other than the developer,
are the same as approved by the City Council in June.
Recommended Action:
Adopt the attached ordinance approving a Performance Agreement among the
City of Roanoke, City of Roanoke Economic Development Authority, and HRP Ivy
Market, LLC. The ordinance provides that this Performance Agreement with HRP
Ivy Market, LLC revises the Performance Agreement with HRP Ivy View, LLC
approved in June. The EDA approved the revised Performance Agreement on
November 16, 2016.
Christopher Morrill
yU� � City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Com. Development
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
This Performance Agreement (Agreement) is dated July 1, 2016, by and among the
City of Roanoke, Virginia, a municipal corporation (City), HRP Ivy Market, LLC, a
Delaware Limited Liability Company qualified to transact business within the
Commonwealth of Virginia (DEVELOPER), and the Economic Development
Authority of the City of Roanoke, Virginia, an industrial development authority
organized and existing under the laws of the Commonwealth of Virginia (EDA).
RECITALS
WHEREAS, DEVELOPER is the successor developer of a retail project known as "Ivy
Market," which is comprised of certain properties located at the northwest corner of
Wonju Street and Franklin Road, S.W. consisting of tax map numbers 1272505
(currently containing a Walgreens Drug Store); 1272504 (currently containing a
medical office facility and parking structure); and tax map numbers 1150106,
1150108, 1150113, 1150112, 1150102, and 1150104, which are vacant; and
1150109 which contains a restaurant facility currently under construction, as more
particularly described in Exhibit 1 which is attached hereto and made a part hereof
and is referred to as the "Project ";
WHEREAS, Harbour Retail Partners Management, LLC, a Delaware limited liability
company ( "Purchaser') has entered into an agreement to acquire a portion of the
Project, specifically tax map numbers 1150106, 1150108, 1150113, 1150112,
1150102, 1150104, and 1150109 (collectively, the "Property ") from Ivy View, LLC, a
Virginia limited liability company ( "Ivy View ") and Purchaser has formed
DEVELOPER as a special purpose entity of Purchaser to acquire the Property;
WHEREAS, Ivy View, the City, and EDA entered into a Performance Agreement dated
July 1, 2012, as amended (the "Ivy View Performance Agreement ");
WHEREAS, DEVELOPER has advised the City and the EDA that DEVELOPER will
complete the Project with the construction of certain actively operating retail
facilities and structures open to the public on currently vacant parcels, referred to
as the "Facilities;"
WHEREAS, the City recognizes that the previous phases of the Project required
private investment in site development and stormwater infrastructure of over
$6,000,000, and completion of the Project will require additional costs for site
development infrastructure in order to maximize the Project's development
potential and tax base generation;
WHEREAS, DEVELOPER has requested an annual economic development grant
through the EDA to assist in the unusual site development expenses that have
already been incurred, or will be incurred, by DEVELOPER as the successor
developer of the Project;
WHEREAS, the City and the EDA desire that the Project proceed to completion, and
have determined that such Project will promote economic development within the
City and within the Roanoke Valley. Such Project will provide additional tax
revenue, jobs, and services that will be available to and will benefit the citizens of
the City and the Roanoke Valley;
WHEREAS, DEVELOPER agrees that (i) the Ivy View Performance Agreement has
been or will be terminated as described in this Agreement; and (ii) DEVELOPER
shall have no rights, interest, title, or benefits under the Ivy View Performance
Agreement;
WHEREAS, the EDA, based on the proposed undertakings of DEVELOPER, has
determined to make annual economic development grants to DEVELOPER until the
a specific maximum aggregate amount of grant funds are distributed to Developer
from funds to be provided to the EDA by the City, all in accordance with the terms of
this Agreement; and,
WHEREAS, the parties wish to reduce to writing the understanding of the parties
concerning this matter.
THEREFORE, the parties agree that the above Recitals are hereby incorporated into
and made a part of this Agreement and also in consideration of the promises and
obligations contained herein, the sufficiency of which are hereby acknowledged, the
parties mutually agree as follows:
SECTION 1 EDA ECONOMIC DEVELOPMENT GRANT.
Subject to the terms of this Agreement, the EDA will make annual Economic
Development Grants (each a "Grant ") to DEVELOPER, up to the maximum amount of
Grants distributed to DEVELOPER under this Performance Agreement equals
$3,000,000.00, in order to assist with the development and completion of the
Project for the purposes of promoting economic development in the City and the
Roanoke Valley. DEVELOPER acknowledges and agrees that the maximum
aggregate amount of Grants received pursuant to this Performance Agreement shall
be limited to $3,000,000.00 (the "Grant Cap "). The EDA's obligations hereunder are
not general obligations of the EDA, but are special obligations of the EDA limited to
those funds which are provided by the City and received by the EDA under the
terms set forth herein.
SECTION 2. OBLIGATIONS OF DEVELOPER.
DEVELOPER agrees and promises that in order to qualify to receive and to continue
to receive the Grant for each grant year (as defined in this Agreement), DEVELOPER
shall do or provide each of the following:
A. On or before December 30, 2016, DEVELOPER shall close on the
acquisition of the Property and acquire the Property from Ivy View and
the transfer documents, including all deeds transferring all rights, title
and interests of Ivy View in the Property are recorded in the Clerk's Office
of the Circuit Court of the City of Roanoke, Virginia.
B. Within 9 months after the date of this Agreement, and not later than April
1, 2017; the restaurant facility currently under construction on Official
Tax Map No. 1150109 shall be actively operating and open to the public
for business.
Within 30 months after the date of this Agreement, and not later than
January 1, 2019, the property currently vacant comprised of tax map nos.
1150106, 1150113, 1150112, 1150102, 1150104, 1150108, shall be
developed so as to contain at least one building of a minimum of 20,000
sq. ft. open to the public for business and shall be for each year for which
a Grant is requested. Such building shall contain a specialty retail
grocery (including Earth Fare, Whole Foods, Sprouts or other similar
natural foods store) which is not as of the date of this Agreement or at the
date of its opening otherwise located or operating within the Roanoke
Metropolitan Statistical Area (MSA) as defined by the United States Office
of Management and Budget.
D. DEVELOPER shall file all appropriate and applicable real estate tax and
other tax forms or notices with the City and ensure that DEVELOPER has
received assessments from the City for such taxes, and shall have paid
such taxes in full to the City on time and no such taxes shall be in default
at any time. Furthermore, DEVELOPER shall not claim any exemptions
from real estate taxes or other taxes for any periods of time for which
Grant funds are requested. DEVELOPER shall also ensure that the owner
of the Property or the Project or any part thereof and any entity that may
operate and /or manage the Facilities, the Property or Project, if different
than DEVELOPER, also complies with all the obligations of this Section
2(D) and any other applicable provisions of this Agreement. In the event
that the owner of the Property or Project or any part thereof or any entity
that may manage and /or operate the Facilities, the Property or Project
fails to comply with this Section 2(D), DEVELOPER acknowledges and
agrees that such noncompliance may result in the reduction in the
amount of the Grant in a grant year to the extent that Taxes are not
actually received by the City as set forth in Section 3(C) of this Agreement,
based upon the documentation that DEVELOPER must provide to EDA
and the City pursuant to Section 5(B) of this Agreement. Should any
subsequent owner of the Property or Project or any portion thereof, or
any entity that may occupy, operate and /or manage a Facility, the
Property or Project, or any part thereof, violate the obligations of this
Section 2(D) by seeking, claiming, and being granted any real estate tax
exemption, in whole or in part, DEVELOPER agrees that DEVELOPER shall
be responsible for paying, and shall pay, to the City an annual fee equal to
the actual real estate taxes that otherwise would be due and owed if such
portion of the Project or Property or Facility had not been granted a tax
exemption. Such fee shall be due and payable at the same time that the
actual real estate taxes would be due and payable to the City. The City
shall be entitled to exercise all remedies available to the City if any such
fee is not paid in full within thirty (30) days of becoming due. Nothing in
this Section 2(D) shall prevent, deter, encourage, or otherwise affect the
City in granting or denying an application for exemption, in its absolute
discretion.
DEVELOPER shall make all Grant requests as set forth in this Agreement.
Upon execution of this Agreement, DEVELOPER shall deliver to EDA and
the City the fully executed Amendment No. 2, defined and described in
Section 4 of this Agreement.
SECTION 3 ECONOMIC DEVELOPMENT GRANT.
Subject to the conditions set forth in this Agreement, the EDA shall provide certain
Grant funds, limited to those funds which are received by the EDA from the City, as
set forth below, to DEVELOPER, in order to assist with the completion of the Project
as follows:
A. For the purposes of this Agreement, a "grant year' means July 1 through
June 30 (for example, July 1, 2016 -June 30, 2017) which corresponds to
the Fiscal Year of the City of Roanoke. The first grant year pursuant to
this Agreement shall commence on July 1, 2016.
B. Such Grants may be requested only until the Grant Cap is reached. All
Grant requests shall be submitted to the EDA between the period of
September 1 and December 1, for the preceding grant year or no Grant
will be considered or given for that particular grant year and there shall
be no carryover of that grant year. The City will cooperate with
DEVELOPER by providing, upon written request from DEVELOPER, public
information relevant to tax revenue received from the Property and
Project.
C. The amount of each Grant request for each grant year shall be for an
amount equal to 50% of the revenue amount actually received by the City
during the preceding grant year that directly resulted from the Property
or Project and that came only from real estate taxes, the City's portion of
general retail sales tax (currently at 1 %), professional and occupational
license tax, tangible personal property tax (inclusive of tangible personal
property used in business), and prepared food and beverage tax
(collectively, the "Taxes "). The amount of a Grant request shall be limited
to the lesser of (1) 50% of the revenue amount actually received by the
City during the preceding grant year that came from the Taxes; or (ii) the
difference between (a) the Grant Cap and (b) the aggregate amount of
Grants received by DEVELOPER at the time of each Grant request. Any
new state or local tax that expressly replaces, is a substitute for, or is in
lieu of any of the Taxes ( "Replacement Tax') shall be included in the tax
revenue directly resulting from the Property or Project, only to the extent
that the City actually receives revenues from any such Replacement Tax.
Provided, however, any new or existing local tax or increase in the rate of
any of the Taxes for the purpose of dedicating the incremental revenue
for a specific project or purpose shall be excluded from and not counted
in the amount of tax revenue resulting from the Property or Project.
Furthermore, there shall be no carryover of any type from one grant year
to the next for any tax revenues received and /or funds from the prior
year or years or for purposes of determining the amount of revenue for
any grant year. Subject to the limitation on the amount of any Grant
request as set forth in this Section 3 (C), each grant year shall be looked at
separately to see if the requirements for a Grant request have been met.
SECTION 4 TERMINATION OF PREVIOUS PERFORMANCE AGREEMENT
DEVELOPER acknowledges and agrees that DEVELOPER has no rights, interest, title,
or benefit under the Ivy View Performance Agreement and is not an assignee of the
Ivy View Performance Agreement. DEVELOPER further acknowledges and agrees to
deliver to the City and EDA the written agreement from Ivy View that amends the
Ivy View Performance Agreement to (i) limit Ivy View's right to make grant
requests under the Ivy View Performance Agreement to one grant request for the
July 1, 2015 through June 30, 2016 grant year, as defined in the Ivy View Agreement,
not later than December 1, 2016, for the amounts and limits set forth in the Ivy View
Performance Agreement for such grant year; and (ii) except for this one grant
request, terminate the Ivy View Performance Agreement ( "Amendment No. 2 "). The
form of Amendment No.2 is attached hereto and made a part hereof as Exhibit 2.
SECTION S. DISTRIBUTION OF GRANT FUND
A. On or before December 30, 2016, DEVELOPER shall provide to the City
and EDA certified copies of the executed and recorded deed(s) from Ivy
View to DEVELOPER transferring the Property to DEVELOPER. The deeds
shall be certified by the Clerk of the Circuit Court of the City of Roanoke,
Virginia.
B. Following the end of each grant year, upon DEVELOPER's compliance
with the obligations set forth in this Agreement, DEVELOPER may request
in writing that the EDA obtain and provide the Grant funds mentioned
above in accordance with the terms of this Agreement. Such request
must be accompanied by sufficient documentation to establish to the
reasonable satisfaction of the EDA and the City DEVELOPER's compliance
with the obligations set forth in this Agreement. Upon receipt of such
request, and approval by the EDA (approved request), the EDA shall
forward the approved request to the City Manager and Economic
Development Director. The written Grant request(s) from DEVELOPER to
the EDA will be on a form approved by the EDA's counsel, attached hereto
as Exhibit 3. The EDA may disapprove any request not complying with
the terms of this Agreement or require a revised request be submitted.
Should the EDA disapprove a Grant request or require that DEVELOPER
submit a revised request, the EDA shall provide written notice to
DEVELOPER stating the basis for disapproval and any defect in the Grant
request and specifying the required additional information. DEVELOPER
shall submit the revised and resubmitted request within 30 days of
receipt of such written notice. After the EDA approves a request, the EDA
will promptly make a written request to the City for the distribution to
the EDA of the City's appropriation of such funds. The EDA will forward
approved Grant requests to the City Manager and Economic Development
Director. The City will process such approved requests within 45 days of
receipt thereof, subject to such funds being appropriated. The EDA will
make any approved payment to DEVELOPER within ten (10) working
days from the date of receipt of the funds from the City, provided,
however, the EDA has no liability in the event the City delays processing
the EDA's requisition. The EDA's obligations shall be limited to those
funds which the EDA shall receive from the City and shall not be a general
obligation, but a special obligation of the EDA. Furthermore, no Grant
requests may be made by DEVELOPER or considered by the EDA after
December 1 once the Grant Cap is met. The EDA agrees that the Grants
funds will be delivered to a lock box or a joint check will be issued if
requested in writing by DEVELOPER's lender. DEVELOPER authorizes
the EDA to make payment as requested by its lender. DEVELOPER shall
provide written notification to EDA and the City that identifies
DEVELOPER'S lender. Such notification shall identify the name, telephone
number, address, and email address of the lender's loan officer
responsible for DEVELOPER'S account with respect to the Project and
shall authorize the EDA and the City to discuss this Agreement and
matters related to this Agreement with such lender.
SECTION 6. PAYMENT OF EDA'S FEES.
DEVELOPER promises and agrees it will pay all reasonable fees, costs, and expenses
of the EDA in connection with this matter, including any action necessary to collect
reimbursement hereunder or litigation of any type, all of which includes the
reasonable fees of the EDA's counsel. Payment of such items shall not be made from
any Grant funds. The EDA will submit statements to DEVELOPER for such items and
DEVELOPER shall pay such statements within 30 days after receipt.
ECTION 7. REPORTS TO THE EDA AND THE CITY
During the term of this Agreement, DEVELOPER agrees to report to and provide the
EDA and the City on a semi - annual basis, on or before June 30 and December 31 of
each year, sufficient information related to DEVELOPER's compliance with the
conditions of this Agreement and to provide appropriate documentation to support
such compliance. DEVELOPER also agrees to allow the EDA, the City, and /or its
representative to inspect, audit, copy, or examine any of DEVELOPER's books,
documents, or other relevant materials in connection therewith upon written
request by the EDA or the City. All such documents, information (including
electronic data), or access shall be provided or made available within 30 days of a
written request from either the EDA or the City, at no cost to the EDA or the City.
SECTION 8. COMPLIANCE WITH LAWS.
DEVELOPER agrees to comply with all applicable federal, state, and local laws, rules,
and regulations in the performance of this Agreement, including, but not limited to,
obtaining and maintaining a City Business License.
SECTION 9. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out
the intent and purpose of this Agreement.
SECTION 10. SEVERABILITY.
If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which will continue in full force and
effect. The parties intend the remaining provisions of the Agreement be enforced to
the fullest extent permitted by applicable law.
SECTION 11. AUTHORITY TO SIGN.
The persons who have executed this Agreement on behalf of the parties represent
and warrant they are duly authorized to execute this Agreement on behalf of their
respective entity.
SECTION 12 COUNTERPART COPIES,
This Agreement may be executed in any number of counterpart copies, each of
which shall be deemed an original, but all of which together shall constitute a single
instrument.
SECTION 13. SUCCESSORS.
The terms, conditions, provisions, and undertakings of this Agreement shall be
binding upon and inure to the benefit of each of the parties hereto and their
respective successors and assigns.
SECTION 14 NONDISCRIMINATION.
A. During the performance or term of this Agreement, DEVELOPER agrees as
follows:
DEVELOPER 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 DEVELOPER.
DEVELOPER agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
11. DEVELOPER in all solicitations or advertisements for
employees placed by or on behalf of DEVELOPER will state
DEVELOPER is an equal opportunity employer.
111. Notices, advertisements, and solicitations placed in accordance
with federal law, rule, or regulation shall be deemed sufficient
for the purpose of meeting the requirements of this section.
B. DEVELOPER will include the provisions of the foregoing Section A (l, 11,
and 111) in every subcontract or purchase order over $10,000 that is
entered into after the date that this Agreement receives final approval
from the City and the EDA so that the provisions hereof will be binding
upon each such subcontractor or vendor.
SECTION 15 ASSIGNMENT
DEVELOPER agrees not to assign or transfer any part of this Agreement without the
prior written consent of the City and the EDA, which will not be unreasonably
withheld, delayed, or conditioned, and any such assignment shall not relieve
DEVELOPER from any of its obligations under this Agreement, unless, upon request
by DEVELOPER, the City and the EDA agree to relieve DEVELOPER of its obligations
under this Agreement. Any such request by DEVELOPER shall be given due and fair
consideration by the City and the EDA.. Notwithstanding the foregoing, the City and
the EDA agree that DEVELOPER may assign and transfer this Agreement without
the prior written consent of the City and the EDA in accordance with the following
provisions: (a) DEVELOPER may assign, pledge, or grant a security interest in this
Agreement and DEVELOPER'S rights herein (the "Permitted Collateral "), as
collateral security, pursuant to a security agreement or other security instrument
( "Security Agreement "), to any lender providing financing to DEVELOPER with
respect to the purchase of all or any part of the Property (even if such lender does
not hold a deed of trust encumbering any of the Property) or to any lender
providing financing to DEVELOPER for the Project and the Property (collectively, a
"Secured Party "), (b) DEVELOPER or the Secured Party shall provide written notice
to the City and the EDA of the execution of the Security Agreement with the name
and address of the Secured Party, within ten (10) days after the effective date
thereof, (c) upon default under the Security Agreement and the obligations secured
thereby, the Secured Party may foreclose under the Security Agreement and
exercise all rights and remedies available under applicable Virginia law including,
without limitation, a sale or other disposition of the Permitted Collateral under the
Virginia Uniform Commercial Code (collectively, a "Disposition'), (d) the Secured
Party shall provide the EDA and the City with ten (10) days' prior written notice of
any proposed Disposition, (e) the purchaser or assignee of the Permitted Collateral
pursuant to any Disposition (the "Purchaser ") shall succeed to DEVELOPER'S rights
under this Agreement and receive the cooperation of the City and the EDA under
this Agreement provided that the Purchaser agrees in writing, on terms and
conditions acceptable to the City and EDA, to assume all of the obligations of
DEVELOPER under this Agreement, without relieving DEVELOPER of such
obligations unless the EDA and the City expressly agree in writing thereto, (f) the
Secured Party shall provide the EDA and the City with written notice of any
Disposition with the name and address of the Purchaser (which may be the Secured
Party or affiliate thereof) within ten (10) days after the effective date of such
Disposition, and the proposed written agreement of Purchaser to assume all
obligations of DEVELOPER under this Agreement, and the City and EDA shall have
thirty (30) days after receipt of such proposed agreement to accept or reject such
agreement, provided that such acceptance shall not be unreasonably withheld or
conditioned within such time period; and, in the event that such proposed
agreement is not accepted by the City and EDA, the proposed transfer of this
Agreement to Purchaser shall be of no force or effect; (g) in the event that the
Secured Party gives written notice to the City and the EDA regarding payment of all
Grant funds to a specified lockbox controlled by the Secured Party or the payment of
all Grant funds pursuant to joint checks made payable to the Secured Party and
DEVELOPER and mailed to an address specified by the Secured Party, the City and
EDA thereafter will comply with such instructions until revoked or modified in
writing by the Secured Party, and (h) once the City and the EDA have been notified
of the name and address of the Secured Party in accordance with this section, all
written notices given to DEVELOPER under Section 17 of this Agreement or
otherwise shall also be given to the Secured Party, and the Secured Party shall have
the same opportunity as DEVELOPER, if any, to cure any default under this
Agreement.
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DEVELOPER agrees to indemnify and hold harmless the EDA, the City and their
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 DEVELOPER or its agents, employees,
or representatives arising out of or connected in any way to any of the matters
involved in this Agreement or any performance thereunder, except to the extent
caused by the sole actions, omissions, or activities of the City, the EDA, or their
agents or employees.
ECTION 17. OPPORTUNITY TO CURE
A. Except for the requirements and provisions contained in Sections 2, 3, 4, and
5 above, DEVELOPER shall not be deemed to have failed to perform or
discharge any of DEVELOPER's duties or obligations in the other sections of
this Agreement until such time as DEVELOPER receives written notice
thereof and an opportunity to cure within thirty (30) days after written
notice thereof, which notice shall specify the failure, or, if the failure is of
such nature that it could not reasonably be cured within such thirty (30) day
period, and DEVELOPER does, within said thirty (30) day period, commence
to cure such failure and thereafter proceed, with due diligence, to cure it as
soon as is reasonably practicable under the circumstances, but in no event
shall any such cure period be longer than a total of sixty (60) days from the
date of such notice. TIME IS OF THE ESSENCE WITH RESPECT TO THE
REQUIREMENTS AND PROVISIONS CONTAINED IN SECTIONS 2, 3, 4, AND 5
OF THIS AGREEMENT.
B. The City and /or the EDA shall not be deemed to have failed to perform or
discharge any of their duties or obligations under this Agreement until such
time as both of them receive written notice thereof from DEVELOPER and an
opportunity to cure within thirty (30) days after written notice thereof,
which notice shall specify the failure, or, if the failure is of such nature that it
could not reasonably be cured within such thirty (30) day period, and the
City and /or the EDA does, within said thirty (30) day period, commence to
cure such failure and thereafter proceed, with due diligence, to cure it as
soon as is reasonably practicable under the circumstances, but in no event
shall any such cure period be longer than a total of sixty (60) days from the
date of such notice.
SECTION 18. CHOICE OF LAW AND FORUM SELECTION.
This Agreement shall be governed by, and construed in accordance with, the laws of
the Commonwealth of Virginia without application of Virginia's conflict of law
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provisions. Venue for any litigation, suits, and claims arising from or connected with
this Agreement shall only be proper in the Roanoke City Circuit Court, or in the
Roanoke City General District Court if the amount in controversy is within the
jurisdictional limit of such court, and all parties to this Agreement voluntarily
submit themselves to the jurisdiction and venue of such courts, regardless of the
actual location of such parties. The provisions of this Agreement shall not be
construed in favor of or against either party, but shall be construed according to
their fair meaning as if both parties jointly prepared this Agreement.
SECTION 19, NONWAIVER.
Each party agrees any party's waiver or failure to enforce or require performance of
any term or condition of this Agreement or any party's waiver of any breach of this
Agreement by any other party extends to that instance only. Such waiver or failure
is not and shall not be a waiver of any of the terms or conditions of this Agreement
or a waiver of any other breaches of the Agreement 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 Agreement 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 Agreement or by law.
SECTION 20 CAPTIONS AND HEADINGS
The section captions and headings are for convenience and reference purposes and
shall not affect in any way the meaning or interpretation of this Agreement.
SECTION 21 APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the City or the EDA in connection with the
Property, the Project, or this Agreement are subject to the availability of funds and
the appropriation of such funds by City Council as may be necessary for such
obligations or funding.
SECTION 22 PERFORMANCE
If DEVELOPER fails to comply with any of DEVELOPER's obligations under this
Agreement, except as otherwise provided in Section 17 above, as determined by the
City in the City's reasonable discretion, DEVELOPER will not be entitled to be
eligible for and /or receive and /or continue to be eligible for and /or receive any
such Grants or Grant funds as referred to above or in this Agreement.
SECTION 23. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if
delivered in person, or sent by certified mail, return receipt requested, or by a
11
nationally recognized overnight courier, addressed as follows (or any other address
the party to be notified may have designated to the sender by like notice):
If to City, to City of Roanoke
Attn: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to: City of Roanoke
Attn: Economic Development Director
117 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -1213
If to EDA, to: Chair, Economic Development Authority
of the City of Roanoke, Virginia
c/o Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlatte
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-224-8050
If to DEVELOPER, to: HRP Ivy Market, LLC
c/o Harbour Retail Partners
Attn: Randy Kelley
3 Keel Street, Unit #2
Wrightsville Beach, NC 28480
With a copy, to: Whitlow & Youell, PLC
Attn: C. Cooper Youell, IV
28A Kirk Avenue
Roanoke, VA 24011
Fax No. 866- 684 -7836
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 24 FAITH BASED ORGANIZATIONS
Pursuant to Virginia Code Section 2.2-4343.1. be advised the City does not
discriminate against faith based organizations
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SECTION 25 COMPLIANCE WITH STATE. LAW FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH
OF VIRGINIA.
DEVELOPER shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as
amended, which provides that an entity organized as a stock or non -stock
corporation, limited liability company, business trust, or limited partnership or
registered as a registered limited liability partnership shall be authorized to
transact business in the Commonwealth as a domestic or foreign business entity if
so required by Title 13.1 or Title 50 or as otherwise required by law. DEVELOPER
shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50,
to be revoked or cancelled at any time during the term of this Agreement. The EDA
and /or the City may void this Agreement if DEVELOPER fails to remain in
compliance with the provisions of this section.
SECTION 26. FORCE MAIEURE.
A delay in, or failure of, performance by any party, shall not constitute a default, nor
shall DEVELOPER, the City or the EDA be held liable for loss or damage, or be in
breach of this Agreement, if and to the extent that such delay, failure, loss or damage
is caused by an occurrence beyond the reasonable control of such party, and its
agents, employees, contractors, subcontractors, and consultants, including results
from Acts of God or the public enemy, compliance with any order 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 equipment difficulties, delays in transportation,
inability to obtain necessary materials or equipment or permits due to existing or
future laws, rules or regulations of governmental authorities or any other causes,
whether direct or indirect, and which by the exercise of reasonable diligence said
party is unable to prevent. For purposes of this Agreement any one delay caused by
any such occurrence shall not be deemed to last longer than six (6) months and the
party claiming delay caused by any and all such occurrences shall give the other
parties written notice of the same within 30 days after the date such claiming party
learns of or reasonably should have known of such occurrence. Notwithstanding
anything else set forth above, after a total of nine (9) months of delays of any type
have been claimed by a party as being subject to force majeure, no further delays or
claims of any type shall be claimed by such party as being subject to force majeure
an /or being an excusable delay.
SECTION 27 ADDITIONS TO THE PROIECT
A. The City and the EDA agree that in the event DEVELOPER acquires one
or more parcels of real property contiguous to the Project (singly
"Additional Parcel" and collectively "Additional Parcels ") on or before
December 31, 2018, such Additional Parcels shall be deemed part of, and
13
included in the definition of, the Project as set forth herein. All Taxes
generated from the Additional Parcels and actually paid to the City may
be included as part of any given Grant request made by the DEVELOPER,
provided that the DEVELOPER shall have either (i) closed the business
operated on such Additional Parcel or (ii) changed the use of such Additional
Parcel that existed when the parcel was acquired by the DEVELOPER. The
inclusion of the Additional Parcels as a part of the Project shall not
operate to increase the amount of the Grant Cap.
B. For purposes of this Agreement, a parcel qualifies as being contiguous to the
Project if such parcel either (i) shares a common property boundary with
the Project, and not separated by a public street or public right -of -way;
or (ii) shares a common boundary with an Additional Parcel, and not
separated by a public street or public right -of -way. In addition, the
aggregate area of all Additional Parcels, collectively, shall not exceed
0.75 acres.
DEVELOPER shall provide written notice to the City and EDA of
DEVELOPER'S acquisition of an Additional Parcel, together with a
certified copy of the deed transferring title to such parcel to DEVELOPER.
D. At the time DEVELOPER makes a request for a Grant pursuant to Section
3 of this Agreement, and such request includes Taxes generated from an
Additional Parcel and actually paid to the City, DEVELOPER shall
provide written confirmation to the City and EDA that the conditions of
Section 27 (A) have been satisfied.
SECTION 28. ENTIRE AGREEMENT.
This Agreement, together with any exhibits or attachments, constitutes the entire
agreement of the parties and supersedes all prior agreements between the parties.
No amendment to this Agreement shall be valid unless made in writing and signed
by the appropriate parties.
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IN WITNESS WHEREOF, the parties have executed this Performance Agreement by
their authorized representatives.
WITNESS: CITY OF ROANOKE, VIRGINIA
15
Christopher P. Morrill, City Manager
Printed Name and Title
(SEAL)
WITNESS:
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By:
Braxton G. Naff, Secretary
Allen Damon Williams, Chair
WITNESS:
HRP IVY MARKET, LLC
By its sole manager
HARBOUR RETAIL PARTNERS FUND
POOLER, LLC
a Delaware limited liability
company
By
Randy Kelley, a Manager
Printed Name and Title
15
Approved as to Form:
City Attorney
Approved as to Form
Counsel for EDA
Approved as to Execution:
City Attorney
Approved as to Execution
Counsel for EDA
Appropriation and funds required for this Agreement are subject to future
appropriation.
Director of Finance
Date Acct#
Authorized by Ordinance No.
16
Exhibit 1
Description of Project
17
Exhibit 2
Amendment No. 2
W
Exhibit
Grant Request Form
19
AMENDMENT NO.2 TO PERFORMANCE AGREEMENT
DATED JULY 1, 2012 BY AND AMONG
THE CITY OF ROANOKE, VIRGINIA,
IVY VIEW, LLC, AND
THE ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
This Amendment No. 2 to the Performance Agreement is made this 22nd day of June,
2016, by and among the City of Roanoke, Virginia, a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia ( "City "), Ivy View, LLC, a limited
liability company organized and existing under the laws of the Commonwealth of Virginia ( "Ivy
View "), and the Economic Development Authority of the City of Roanoke, Virginia, an
industrial development authority organized and existing under the laws of the Commonwealth of
Virginia ( "EDA ").
RECITALS
WHEREAS, Ivy View, the City, and the EDA entered into a Performance Agreement
dated July I, 2012, ( "Performance Agreement ") pursuant to which Ivy View agreed to construct
certain improvements and undertake and perform certain obligations with respect to a retail
development project originally known as "Ivy Market" and which project is comprised of several
parcels of real property located at the northwest comer of Wonju Street and Franklin Road, S.W.,
in Roanoke, Virginia and identified as Official Tax Map No. 1272505 (currently used and
occupied as a Walgreens Drug Store); Official Tax Map No. 1272504 (currently an Ambulatory
Specialty Clinic owned by Carilion Health Services or an affiliate)); Official Tax Map No.
1150109 (currently owned and occupied for the construction and development of a Mellow
Mushroom restaurant) (collectively, the "Developed Parcels "); and Official Tax Map Nos.
1150106, 1150113, 1150112, 1150102, 1150104, and 1150108 (each of which parcels are
vacant and are referred to as the "Property "), (the Developed Parcels and the Property are
collectively referred to as the "Project" or "Project Site ");
WHEREAS, Ivy View, the City, and the EDA amended the Performance Agreement
pursuant to Amendment No. I dated February 26, 2014 to accommodate the request of Ivy View
to amend the development plans for Phase 1 of the Project Site, reduce the total amount of the
Grants available to Ivy View to an amount not to exceed $2,000,000.00 (Ivy View acknowledged
that the actual total amount of the Grants available to Ivy View under the Performance
Agreement, as amended, would be less than $2,000,000.00 because Ivy View had received the
Grant in the amount of approximately $111,744.00 for the first grant year); and establish
additional performance standards and conditions upon Ivy View; all in accordance with the
terms, conditions, and obligations of this Amendment No. I to Performance Agreement dated
July 1, 2012, by and among the City of Roanoke, Virginia, Ivy View, LLC, and the Economic
Development Authority of the City of Roanoke, Virginia, (Amendment No. 1);
WHEREAS, pursuant to the terns of the Performance Agreement, as amended, Ivy View
was required, (i) on or before December 31, 2015, to have the Ambulatory Specialty Clinic, as
defined and described in the Perfomtance Agreement, as amended, open to the public for
business; and (it) on or before July 1, 2016, to (a) develop or cause to be developed a restaurant
or other commercial development containing at least 25,000 square feet of space; and (b) expend
at least $3,000,000 in infrastructure improvements for Phase 2;
WHEREAS, Ivy View has satisfied the requirements to have the Ambulatory Specialty
Clinic open for business by December 31, 2015, and expend the sum of at least 53,000,000 for
infrastructure improvements in Phase 2, but has not satisfied the requirement to have at least
25,000 square feet of space for restaurant or other commercial use available by July I, 2016 (the
restaurant under construction in Phase 2 contains approximately 6,100 square feet of space and
will not be completed and open for business by July I, 2016);
WHEREAS, Ivy View has determined that Ivy View should market and sell the Property
to another developer and Ivy View has entered into an agreement to sell the Property and rights
in the Project to Harbour Retail Partners Management, LLC, a Delaware limited liability
company qualified to transact business in the Commonwealth of Virginia ('Purchaser "); and
WHEREAS, based upon the substantial infrastructure improvements made in Phase 2,
together with the development and operation of the Ambulatory Specialty Clinic and the
construction of the restaurant, Ivy View has requested the City and EDA to waive the condition
of Section 2 (C) of the Performance Agreement, as amended, to allow Ivy View to apply for one
additional grant for the Grant Year of July I, 2015, through June 30, 2016 and terminate the
Performance Agreement, as amended, effective on June 30. 2016, and the City and the FDA are
willing to allow Ivy View to seek one (1) additional Grant for the Grant Year of July 1, 2015
through June 30, 2016 in accordance with this Amendment No. 1
THEREFORE, Ivy View, the City and the EDA agree that the above Recitals are hereby
incorporated and made a part of this Amendment No. 2 and also in consideration of the promises
and obligations contained herein, the sufficiency of which are hereby acknowledged, Ivy View,
the City, and the EDA mutually agree to amend the Performance Agreement in accordance with
the Amendment No.2 as follows:
SECTION 1. TERMINATION OF PERFORMANCE AGREEMENT.
The Performance Agreement, as amended, shall terminate effective on June 30, 2016, at 11:59
p.m. and shall be of no further force or effect except as provided in this Amendment No. 2. This
termination includes, without limitation, termination of any and all rights of Ivy View to seek,
apply, request or receive any Grant Funds for any Grant Year after the Grant Year of July 1,
2015 through June 30, 2016 (Final Grant Year). Ivy View acknowledges, agrees, and confirms
that, except for the right to request a Grant for the Final Grant Year, Ivy View has no further
rights under the Performance Agreement, as amended. Ivy View acknowledges, agrees, and
confirms that, upon termination of the Performance Agreement, as amended, Ivy View has no
right, interest, or benefit other than to apply for a grant for the Final Grant Year in accordance
with this Amendment No. 2.
SECTION 2 GRANT REQUEST FOR FINAL GRANT YEAR; WAIVER OF
CONDITION.
The City and EDA hereby waive satisfaction of the condition set forth in Section 2 (C) of the
Performance Agreement, as amended, based upon the satisfaction of the other conditions set
forth in Section 2 of the Performance Agreement, as amended, and the termination of the
Performance Agreement, as amended. Based upon this waiver, Ivy View may request a Grant for
the Final Grant Year on or before December I, 2016,'CIME BEING OF THE ESSENCE, limited
to the amount and conditions set forth in the Performance Agreement, as amended by
Amendment No. I, other than the condition set forth in Section 2 (C). The City and EDA also
waive the requirement of Ivy View to provide the report and documentation of compliance with
the conditions of the Performance Agreement set forth in Section 7 of the Performance
Agreement, as amended, that is due on June 30, 2016, other than written confirmation that Ivy
View satisfied the requirement that at least $3,000,000 has been expended on infrastructure
improvements in accordance with Section 2 (D) of the Performance Agreement, as amended. Ivy
View acknowledges, agrees and confirms that the rights of the City and EDA to audit and inspect
the books and records of Ivy View survive the termination of the Performance Agreement, as
amended.
SECTION 3. SURVIVAL OF INDEMNITY OBLIGATIONS
The indemnity obligations of Ivy View as set forth in Section 16 of the Performance Agreement,
as amended. shall survive the termination of the Performance Agreement, as amended.
SECTION 4. REPRESENTATIONS OF IVY VIEW.
Ivy View warrants and represents to the City and EDA that (i) Ivy View is the sole holder of the
Performance Agreement, as amended; (ii) except for the agreement with the Purchaser, Ivy View
has not assigned, transferred, pledged, or sold any right, title or interest of Ivy View in the
Performance Agreement, as amended, to any other party; and (iii) Ivy View has the full right,
power, and authority to execute, deliver, and perform this Amendment No. 2. Ivy View shall, at
its sole cost and expense, obtain the acknowledgement and consent of Purchaser that the
Performance Agreement, as amended, is terminated and Purchaser has no right, title, or interest
in the Performance Agreement, as amended.
SECTION 5. BINDING EFFECT.
This Amendment No. 2 is made pursuant to, and in accordance with, Section 27 of the
Performance Agreement, as amended, and is binding upon the parties hereto in accordance with
its terms. In the event of a conflict between this Amendment No. 2 and the Performance
Agreement, as amended, the terms of this Amendment No. 2 shall control.
SECTION 6. APPLICABLE LAW.
This Amendment No. 2 shall be construed and interpreted in accordance with the Taws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, Ivy View, the City, and the EDA have executed this Amendment No.
J by thrir mrthnri oed renrecentati ves.
WITNESS:
L
top anie M. Moon R ¢101ds
City Clerk
,SEAL)
WITNESS:
�I 1
WITNESS:
Printed Name and Title
LO F A VIRGINIA
. Merrill Manager
ECONOMIC DEVELOPMENT AUPHORITY OF
THE CITY OF ROANOKE, VIRGINIA
By: i.
Allen Damon Williams, Chair
IVY VIEW. LLC
By:
Andrea B. Agee, Member
IN WITNESS WHEREOF, Ivy View, the City, and the EDA have executed this Amendment No.
2 by their authorized representatives.
MIMP.L0
Stephanie M. Moon Reynolds
City Clerk
(SEAL)
WITNESS:
Braxton G. Naff, Secretary
WITNESS:
Printed Name and Title
Cl'IY OF ROANOKE, VIRGINIA
By.
Christopher P. Morrill, City Manager
ECONOMIC DEVELOPMEN't AU I HORITY OF
THE CITY OF ROANOKE, VIRGINIA
Allen Damon Williams, Chair
IVY VIEW, LL
By.__. 1
Andrew B. Agee, � /�'�a 11"u
I ,A
Acknowledgement and Consent of Harbour Retail Partners Management, LLC.
Harbour Retail Partners Management, LLC, a Delaware limited liability company,
acknowledges, confirms and agrees that the Performance Agreement, as amended, is terminated
pursuant to the provisions of this Amendment No. 2. Harbour Retail Partners Management, LLC,
further acknowledges, confirms, and agrees that it, and its successors and assigns, have no right,
title or interest in the Performance Agreement, as amended.
HARBOUR RETAIL PARTNERS MANAGEMENT, LLC
or , �. _ By:— _
itnef Name:_ �,/
Print Name.�,,� rj6.��Ns Title: //�a� A
Approved as to Forth: Approved as to Execution:
6 .ac- t 6 ( If.
y Attomcy gAttt icv
Approved as to Forth Approved as to Execution
e% eft,
Counsel for A Counsel for E A
Appropriati n and fu required for this Agreement are subject to future appropriation.
it for o Finance
Date Acct#
Amendment No. 2 authorized by Ordinance No. k OS 69-56 d0 j
Exhibit 3 to Performance Agreement Among the City of Roanoke,
HRP Ivy Market, LLC, and the EDA
Grant Request Form
This Grant Request is submitted pursuant to a certain Performance Agreement dated July 1,
2016, (the "Performance Agreement "), by and among the City of Roanoke, Virginia, ( "City "),
HRP Ivy Market, LLC, ( "Developer "), and the Economic Development Authority of the City of
Roanoke, Virginia, ("EDA"). Terms defined herein shall have the same meanings ascribed to
such terms in the Performance Agreement.
The Performance Agreement provides that Developer shall perform and comply with certain
obligations as set forth in the Performance Agreement in order to qualify to receive and to
continue to receive an Economic Development Grant for each Grant Year as set forth in such
Performance Agreement. Upon compliance with the provisions of the Performance Agreement,
Developer may make a request to the EDA for an Economic Development Grant in accordance
with the procedures set forth in the Performance Agreement and subject to the terms and
limitations on the amount of such Grant as further set forth in the Performance Agreement.
Furthermore, Developer must supply sufficient documentation as required by the Performance
Agreement in order to document Developer's request and Developer's compliance with the
Performance Agreement. Each Grant Year is to be considered separately for compliance with
the requirements for a Grant Request.
Developer warrants and represents that it has complied with all the terns and conditions of the
Performance Agreement necessary for Developer to obtain Grant Funds from the EDA,
including, but not limited to, the applicable provisions of Section 2 of the Performance
Agreement.
Attached to this Grant Request form is the information Developer represents as being sufficient
to demonstrate that the City has been paid and has actually received the sum of
$ from the applicable revenue sources referred to in the Performance
Agreement from the Project for the prior Grant Year of July 1, , through June 30,
Accordingly, Developer hereby requests from the EDA an Economic Development Grant, as
provided for in the Performance Agreement, in the amount of $ , which is an
amount that is allowed by the terms of such Performance Agreement and which is supported by
the attached documentation as Attachment A to this Grant Request.
Amounts previously paid by the EDA to Developer in Economic Development Grants total
S . Since the total amount of all Grants that may be requested and /or provided for
under the Performance Agreement is 53,000,000.00 (US), the total remaining amount that
Developer may request by future Grant Requests is S
In the event of a conflict or difference between the terms of the Performance Agreement and
those contained in this Grant Request form, the terms and provisions of the Performance
Agreement shall control.
Developer respectfully requests that the FDA process this Grant Request through the City and
send copies to the City Manager and the City's Economic Development Administrator, in
accordance with the provisions of the Performance Agreement.
This Grant Request is dated
WITNESS:
Printed Name and Title
HRP Ivy Market, LLC
By its sole manager
Harbour Retail Partners Fund Pooler, LLC
IN
Printed Name and Title
Attachment A to Grant Request Form
Supporting Documentation