HomeMy WebLinkAboutCouncil Actions 12-18-17ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2017
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Oder--Roll Call. Mayor Lea and Council Member Ferris were
absent at the 2:00 p.m. session only
The Invocation was delivered by The Reverend Jesse L. Bass, Pastor,
New Covenant Assembly of God.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice -Mayor Anita J. Price.
Welcome. Vice -Mayor Price.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, December 21 at 7:00 p.m., and Saturday, December 23 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com/roanokecitycouncil. 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 — one vacancy
Term of office ending December 31, 2020
City of Roanoke Redevelopment and Housing Authority — one vacancy
Term of office ending August 31, 2021
Towing Advisory Board — one vacancy
Term of office ending October 31, 2020
Youth Services Citizen Board — one vacancy
Term of office ending June 30, 2020 (Citizen At- Large)
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the United Black Veterans Society of Virginia (UBVS of VA) for
their meritorious and honorable military service.
Vice -Mayor Price presented letters from the Office of the Mayor to James
Clinton Hurt, Sr., and Maurice Elliott Bingham, along with City gifts.
Recognition of the Department of General Services on receiving two
sustainability awards from the Virginia Energy Efficiency Council and the United
States Department of Energy SunShot Initiative.
Vice -Mayor Price presented the sustainability awards to Michael Shockley,
Director of General Services and Sustainability; and Nell Boyle,
Sustainability Outreach Coordinator.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Martin D. Jeffrey appeared before Council to request an investigation of the
status of an alleged agreement regarding properties behind the Wometco
Bottling Company being reserved for lower- income single - family housing.
Robert Graverly appeared before the Council to remind all that the
Government is required to support its citizens.
Dr. M. Rupert Cutler appeared before the Council to comment on the
Downtown Roanoke 2017 Plan.
4. CONSENT AGENDA:
(APPROVED 5 -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 Minutes of the regular meeting of City Council held on Monday,
December 4, 2017.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C -2 A communication from the City Manager requesting that Council convene
in Closed Meeting to discuss the disposition of publicly -owned property located at
13 Church Avenue, S. E., where discussion in an open meeting would adversely
affect the negotiating strategy of the public body, pursuant to Section 2.2 3711
(A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 A communication from the City Manager recommending adoption of the
Calendar of Events for Budget Development Activities for Fiscal Year 2018 —
2019.
RECOMMENDED ACTION: Concurred in the request.
C -4 A communication from the Assistant City Manager for Operations in
response to a request from a citizen with regard to the activities and programs
supported by the City of Roanoke in an effort to address poverty.
RECOMMENDED ACTION: Received and filed.
C -5 Minutes of the Audit Committee held on Wednesday, September 6, 2017.
RECOMMENDED ACTION: Received and filed.
C -6 Report of qualification of Jeanne Bollendorf as a member of the Roanoke
Public Library Board for a three -year term of office ending June 30, 2018.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Presentation of information with regard to the naming of the tennis court at
River's Edge to honor local tennis great Carnis Poindexter. John P.
Fishwick, Spokesperson. (Sponsored by Council Members Bestpitch and
Garland)
Remarks were received and filed; and the request was referred to the
City Manager for recommendation to the Council.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Appropriation of funds for construction of sign addition at the
Roanoke Centre for Industry and Technology.
Adopted Budget Ordinance No. 41017-121817. (5 -0)
2. Acceptance of HUD's Office of Lead Hazard Control and Healthy
Home's FY 2017 grant award.
Adopted Resolution No. 41018 - 121817 and Budget Ordinance
No. 41019-121817. (5 -0)
The City Manager submitted an additional item recommending
execution of a Commonwealth of Virginia Development Opportunity
Fund Performance Agreement among the City of Roanoke, Economic
Development Authority of the City of Roanoke, Virginia, and
PowerSchool Group, LLC, for improvement and equipping of offices
located at 110 Franklin Road, S. E.
Adopted Ordinance No. 41020 - 121817 and Budget Ordinance No.
41021 - 121817. (5 -0)
COMMENTS OF THE CITY MANAGER.
The City Manager commented on the following:
City Notifies Property Owners about Solid Waste Collection Fee
• This weekend, those who own property in the City of Roanoke
received information in the mail explaining the new Solid Waste
Collection Fee.
• The information included a sample bill and a list of Frequently Asked
Questions about the fee.
• It also explained that the first billing will be in January for half of the
yearly fee. It will be mailed to property owners on a separate bill and
will have a due date of February 15, 2018.
• Thereafter, the Solid Waste Collection fee will be included as a
separate item on the real estate tax bills property owners receive in the
fall and spring of each year, or — for property owners whose real estate
taxes are paid through their mortgage escrow — they will likely see a
subsequent adjustment in their escrow payments to offset the Solid
Waste Collection fee.
• The city has already received a few citizen inquiries regarding eligibility
requirements for the elderly and disabled tax free. This information is
available through the Office of the Commissioner of the Revenue, at
853 -2523 or online at www.roanokeva.gov /revenue, on the left side of
the page click on Real Estate.
220 Off -Ramp to Downtown at Franklin Road Will Re -Open
• Work to construct new bridge foundations for the Franklin Road Bridge
Replacement project is near completion.
• As a result, the northbound 220 off -ramp to downtown at Franklin Road
is scheduled to re -open for the Friday morning commute on
December 22.
• The construction project began in January 2017 and remains
scheduled for completion in late 2018.
City Closings for the Upcoming Holidays
• Offices will be closed on Monday, December 25 for the Christmas
Holiday, and on Monday, January 1 for the New Year's holiday.
• As a result of these closings, the City's Solid Waste Collection
schedule will be delayed one day throughout the Christmas and New
Year's weeks:
• Monday trash, brush, bulk, and recycling will be collected on Tuesday
• Tuesday trash, brush, bulk, and recycling will be collected on
Wednesday
• Wednesday trash, brush, bulk, and recycling will be collected on
Thursday
• Thursday trash, brush, bulk, and recycling will be collected on Friday
Christmas week will be "A" Week recycling; New Year's week will be 'B"
week recycling.
Snow Season Approaches
• In anticipation of the cold weather season, citizens recently received
copies of the City's Snow Removal Information brochure in the mail.
The publication includes:
• a list of communication tools for citizens to access during snow
events
• an explanation of the city's process for snow removal
• phone numbers for reporting power outages, problems with water
mains
Citizens are reminded that during a winter weather event, calls or texts to
911 should be reserved for medical, fire, or police emergencies only.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the City Manager
recommending that Council concur in the request. Donna Caldwell,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 41022-121817. (5 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Adopted Resolution No. 41023 - 121817 endorsing the principles and
objectives of Age Friendly Communities in creating, promoting and
sustaining livable communities for people of all ages. (5 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Vice -Mayor and Members of City
Council.
Recognize the Girl Scouts of Virginia Skyline Council a future
Council meeting.
Well wishes for a happy holiday season.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 3:30 P.M.
E
13. RECONVENED - 4:08 P.M.
CERTIFICATION OF CLOSED MEETING. (5 -0)
14. RECESSED - 4:09 P.M.
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2017
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. Council Member Trinkle was absent; and
Mayor Lea arrived late.
The Invocation was delivered by Council Member William D. Bestpitch
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice -Mayor Price.
At this point, Mayor Lea entered the meeting. (7:03 a.m.)
Welcome. Mayor Lea.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, December 21 at 7:00 p.m., and Saturday, December 23 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com/roanokecitycouncil. Council meetings are offered with closed
captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Roanoke City First Responders for their recent service associated
with civil unrest and natural disasters in Virginia, Florida and Texas.
Recognition of the City Public Safety personnel who were dispatched to
Charlottesville, Texas (Hurricane Harvey), and Florida (Hurricane Enna).
B. PUBLIC HEARINGS:
Request of Star City Lodging, LLC, to rezone property located at 536
Orange Avenue, N. E., 0 Orange Avenue, N. E., 0 Williamson Road, N. E.,
0 Short Street, N. W., 0 Louisiana Avenue, N. E., 0 Louisiana
Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., from
Commercial General District (CG) to Mixed Use Planned Unit
Development District (MXPUD), subject to certain proffered conditions.
Ben Crew, Balzer and Associates, Spokesperson.
Adopted Ordinance No. 41024 - 121817. (6 -0)
At this point, Council Member Dykstra left the meeting due to having
a personal conflict of interest regarding the public hearing below.
(7:25 p.m.)
2. Request of the City of Roanoke to vacate a portion of Villa Heights Park
and to release the public's right to use a portion of Villa Heights Park,
located at 2750 Hoover Street, N. W. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41025- 121817. (5 -0, Council Member Dykstra
abstained from voting.)
At this point, Council Member Dykstra reentered the meeting.
(7:39 p.m.)
3. Request of the City of Roanoke to consider an amendment to Vision
2001 -2020, the City's Comprehensive Plan, to replace the 2002 Outlook
Roanoke Update with the new Downtown Plan 2017. Robert S.
Cowell, Jr., City Manager.
Adopted Ordinance No. 41026 - 121817, as amended. (6 -0)
4. Proposal of the City of Roanoke to consider the realignment of the
boundaries of voter precincts and reducing the number from 21 to 20 voter
precincts and 1 central absentee voter precinct located at the office of the
General Registrar, 317 Kimball Avenue, N. E., effective December 31,
2017. Daniel J. Callaghan, City Attorney.
Adopted Ordinance No. 41027 - 121817. (6 -0)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Jordan Bell appeared before the Council to discuss recent shootings in the
City and to offer his assistance to help reduce the number of homicides in
the upcoming year.
D. ADJOURNED - 9:48 P.M.
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December 18, 2017
Maurice Elliott Bingham
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Boones Mill, Virginia 24065
RECOGNITION AND HONOR OF THE COMMITMENT OF ALL VETERANS!
Dear Mr. Bingham:
It is my thankful duty to be able to honor you who have served your Country in wartime
and in peacetime with pride. You who have ensured that the freedom given to us by our
God and engraved in our Constitution could be taken away by no tyrant.
You are true patriots among all people, showing your patriotism in the strongest sense
of national responsibility -- a patriotism which did not last just for the duration of your
active military service, but is the steady dedication of a lifetime.
The world can be an unstable place at times, and until the day comes when all men can
come together in the peace and unity that God Our Creator intended for us, we will
always need the dedicated and peace - loving men and women of the armed forces to
stand as the guardians of freedom.
Thank you for what you have done for this country and what you have done for each
and every American citizen who reaps its bounty.
May God continue to exceedingly and abundantly bless you throughout the remaining
days of your life.
Sincerely,
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Mayor
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Roanoke, Virginia 24017
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RECOGNITION AND HONOR OF THE COMMITMENT OF ALL VETERANS!
Dear Mr. Hurt :
It is my thankful duty to be able to honor you who have served your Country in wartime
and in peacetime with pride. You who have ensured that the freedom given to us by our
God and engraved in our Constitution could be taken away by no tyrant.
You are true patriots among all people, showing your patriotism in the strongest sense
of national responsibility -- a patriotism which did not last just for the duration of your
active military service, but is the steady dedication of a lifetime.
The world can be an unstable place at times, and until the day comes when all men can
come together in the peace and unity that God Our Creator intended for us, we will
always need the dedicated and peace - loving men and women of the armed forces to
stand as the guardians of freedom.
Thank you for what you have done for this country and what you have done for each
and every American citizen who reaps its bounty.
May God continue to exceedingly and abundantly bless you throughout the remaining
days of your life.
Sincerely,
'Sher P. Lea, Sr.
Mayor
Comments on "Downtown Roanoke 2017" by a Downtown Resident
Submitted by Rupert Cutler 204 S. Jefferson Street, Suite 4, Roanoke, VA 24011
On October 31, 2017
The part of this excellent new planning document that appeals to my wife Brenda
McDaniel and me the most is:
Reclaim public spaces and amenities for appropriate civic use by all.
We could not agree more that eliminating seating in public spaces has been
counterproductive. It has prevented people from using those spaces such as Elmwood
Park and Market Square, making the problem worse. When we take walks from our
204 S. Jefferson home, we would like to find benches on which to rest, enjoy the out -of-
doors, and "people watch." Elmwood Park's lack of benches has been a disaster in that
respect. There are concrete bench pads along the magnolia walk in Elmwood Park that
cry out for the return of their benches.
As the plan recommends, please add more tables and chairs to create the
'eyes on the street' element that will deter the anti - social behavior.
For the 1,500 of us living downtown, we have no yards or front porches, so a
place to sit and enjoy the outdoors is a vital amenity that could influence one's decision
to live downtown.
Other comments:
"Fill in the Gaps." We live across the street from the former First National
Exchange Bank building and just down the street from the long- vacant Heironomous
Department Store. These and other empty street front spaces along Jefferson Street
send a negative message. In other communities, artists have been employed to create
vibrant studio - gallery- performance space action in previously vacant buildings, but
rescuing these large Jefferson Street properties is more than the art community can
handle by itself. There must be lessons that other communities have learned that can
be applied along Roanoke's real Main Street to bring it more to life.
As others have observed, we need a movie theater, a non - boutique grocery
store, and national chain drug store downtown and these activities could fit in existing
vacant spaces. In other communities, vacant buildings like Heironomous have been
converted to parking garages.
We see the Campbell Court bus station from our condo and walk that block of
Campbell often. Through no fault of their own, the bus patrons waiting for their buses
appear to be loitering on the street and this creates a negative vibe. We encourage
prompt action on construction of a new multi -modal bus /train /taxicab station adjoining
the new Amtrak passenger train platform.
As noted in the plan, the Market Building is excellent "on the outside' and sterile
on the inside. It used to be vibrant with food counter patrons but that activity seems to
have been lost. Ways should be found to bring that valuable space back to life.
(Market Square, on the other hand, is a great success)
With respect to "short" Market Street and Wall Street, they can be narrowed so
the restaurants have more outside seating space. Market Street between Campbell and
Church could be closed except for farmers and other dealers and their trucks to be
more of a pedestrian - friendly mall. It needs more real farmers there as often as
possible, with special buy- food- downtown events scheduled to encourage people to buy
healthy food from local farmers.
We are strong supporters of public art and mini - parks. We like the idea of the
"Urban Loop" as described in the plan. We think the Lick Run Greenway might be
extended in some way to get across the tracks to downtown and tie into the Jefferson
Street -Mill Mountain Greenway, perhaps in Market Square with some milepost set up
there to advertise their presence.
We have long wondered why the City of Roanoke does not make more of its
adjacency to the Blue Ridge Parkway, the most visited unit of the National Park System.
As far as we can tell, the only "wayfaring" sign pointing to the Parkway is on Walnut
Avenue up the hill from Jefferson Street a couple of blocks. Asheville, NC promotes its
nearness to the Parkway; why don't we? (For example, that wayfaring signpost in
Market Square should include a sign that points up Jefferson Street to Walnut Avenue
and says x miles to the Parkway.)
Finally, the only way we could make these comments is by having a "hard copy"
of the plan in hand. Reading it on a computer screen is hard to do. Hard copies should
be available in libraries and many other public places, together with response forms and
a place to deposit those forms.
In summary, we like the "downtown Roanoke 2017" plan and encourage its
prompt implementation.
Ado ..
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly -owned property, located at 13 Church Avenue, S.E. (Tax
Map No. 4011706), where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant to
§2.2- 3711.A.3, Code of Virginia (1950), as amended.
---- - - - - --
Robert S. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: Adoption of Calendar of Events for Budget Development
Activities for FY 2018 -2019
Considerations:
Annually, City Council approves the Calendar of Events for Budget Development
Activities for the upcoming fiscal year. The recommended Calendar of Events
for FY 2018-2019 is attached.
Recommended Action:
Approve the attached Calendar of Events for Budget Development Activities for
FY 2018 -2019.
Robert Cowell
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
CALENDAR OF EVENTS
FOR BUDGET DEVELOPMENT ACTIVITIES
FISCAL YEAR 2018 - 2019
Date Budget Preparation Activities
January 2, 2018 Financial/ Budget Planning Work Session
(Tuesday) (During 9:00 a.m. Morning Briefing Session)
February S, 2018 Financial/ Budget Planning Work Session
(During 9:00 a.m. Morning Briefing Session)
March 5, 2018 Financial/ Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 2, 2018 Financial/ Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 16, 2018 Recommended budget presented to City Council at
regularly scheduled meeting
April 26, 2018 Public hearings on recommended budget and tax rates
(Thursday) at 7:00 p.m.
May 7, 2018 Budget Study
May 14, 2018 City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance at 2:00 p.m.
ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 364
Roanoke, Virginia 24011
540 853,2333
www.roanokeva.gov
December 1, 2017
Mr. Robert Gravely
3360 Hershberger Road, N.W. Apt. 51
Roanoke, Virginia 24017
Dear Mr. Gravely:
As requested by Mayor Lea, this letter outlines the many activities and programs that
the City of Roanoke supports in an effort to address poverty. Our efforts to address
poverty begins with stabilizing families in need. The City facilitates the provision of
services associated with the Virginia Initiative for Employment not Welfare (VIEW) to
support the efforts of households receiving Temporary Assistance for Needy Families
(TANF) to achieve independence through employment.
Our Homeless Assistance Team works with area agencies to house the homeless. The
2017 Point in Time count shows progress in reducing the number of homeless people
in the City with a 19.3% reduction from the prior year. The City is a partner in the
Rehousing Youth for Success in Education (RYSE) program. This program assisted 9
families with students in Roanoke City Public Schools and 5 families who live in
Roanoke, but do not have children in public schools. The City has targeted the use of
Community Development Block Grant funds to focus on specific neighborhoods in an
effort to spur revitalization and improve the quality of life for residents. The current
target area is in the Melrose- Orange Avenue area.
Additional programs supported by the City include:
• Partnerships with the YMCA, United Way, and Total Action for Progress to
provide assistance to those in low- income households and provide opportunities
to overcome challenges.
• Participation in Barl Roanoke Valley. This program is a partnership of
financial institutions, local governments, and the United Way to improve the
financial stability of unbanked and underbanked families.
• Leadership and collaboration with local agencies on the Star City Reads
Campaign to achieve measurable progress on student readiness outcomes. This
program is recognized nationally for its success.
• Students at both of our high schools are earning more Career and Technical
Education credentials than ever before. This directly contributes to the future
economic viability of the community.
• High school graduates can attend Virginia Western Community College tuition -
free via the Community College Access Program which is funded by the City of
Roanoke, RCPS, and neighboring localities.
In addition to supporting programs that provide support to stabilize families and move
them out of poverty, there is also a focus on attracting businesses that provide jobs
with good compensation. This is evidenced by the information outlined below.
• Haley Toyota - 27 newjobs with average annual salary of $49,815.
• Deschutes Brewery - 108 jobs with average annual salary of $44,928.
• Humm Kombucha - 46 jobs with average annual salary of $39,462.
• Earth Fare - 130 full and part -time jobs with average annual salary of $29,500.
1 trust the information above provides evidence and demonstrates that the City of
Roanoke is committed to moving people out of poverty and providing programs
focused on keeping people from transitioning into poverty.
Sincerely,
Ark
Sherman M. Stovall
Assistant City Manager for Operations
City Council
Robert S. Cowell, Jr., City Manager
R. Brian Townsend, Assistant City Manager for Community Development
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: September 6, 2017
Time: 4:01 p.m. to 4:33 p.m.
Attendees:
Audit Committee Member Present (Y /N)
William Bestpitch (Chair) Y
Anita Price (Vice- Chair) N
Michelle Dykstra Y
Sherman Lea (ex- officio) Y
Tasha Burkett, Financial Systems Auditor
Dan Callaghan, City Attorney
Drew Harmon, Municipal Auditor
Bob Cowell, City Manager
Dawn Hope Mullins, Assistant Municipal Auditor
Wayne Parker, Senior Auditor
Amelia Merchant, Acting Director of Finance
Paul Workman, Acting Accounting Supervisor
Andrea Trent, Assistant Director of Finance
Can Spichek, Senior Auditor
Sherman Stovall, Assistant City Manager for Operations
Brian Townsend, Assistant City Manager for Community Development
1. Call to Order:
Mr. Bestpitch called the meeting to order at 4:01 p.m.
2. City Council Expenditures - FY 17:
Mr. Harmon noted that council members finished the year within budget, as shown in Exhibit 1. Overall
expenditures for fiscal year 2017 were up about 4% over fiscal 2016. Training, travel and business
meal expenses accounted for most of the increase.
The City Clerk's budget for council expenses increased about 8% over the prior year, as shown in
Exhibit 2. Mr. Harmon noted that one -time expenses related to hiring a city manager and renovating
the Mayor's office accounted for most of the increase.
September 6, 2017 Page 2 of 3
Ms. Dykstra asked if the audit reviewed transfers between accounts, specifically transfers within
budgeted items made to cover expenses that go over budget. Mr. Harmon responded that transfers
between accounts and between council members were audited. Policy requires that transfers between
members of council be approved by a simple majority of council.
Mr. Bestpitch commented that auditors usually select a random sample of transactions, but this audit
covers 100% of the expenses. He felt that it is a good approach which the council appreciates. Mayor
Lea concurred and added that the audit is an important part of the process that he appreciates.
The report was received and filed without objection.
3. Annual Report- FY 17:
Mr. Harmon began on page two of the report, noting that the school system reimburses the city for one
full time equivalent. Having 18 % of audit resources utilized on school related work was consistent with
the school agreement.
The breakdown of audit activity on page three showed that consultations were emphasized in fiscal
2017. This included work on restructuring the tax and treasury functions as well as analyzing revenue
shortfalls. The revenue work involved monthly meetings and retrieving data out of various systems to
analyze trends. A revenue team that includes the City Manager's office, Finance, City Attorney,
Auditing, the Treasurer and Commissioner continues to meet monthly to discuss revenue.
Mr. Bestpitch suggested that management mention the revenue team's work at the Council's planning
retreat. Mr. Stovall confirmed it would be part of the briefing.
Performance audits were a significant category of activity, as outlined on pages six and seven of the
annual report. Mr. Harmon highlighted work on school transportation, special education, and the
purchasing card program.
Work on financial related audits, follow up audits, and information systems accounted for the remaining
audit activity. Mr. Harmon noted that work in the area of information systems and technology was only
2% of audit activity and will need more attention in the future.
On page 11 of the report, Mr. Harmon noted that the percentage of time worked directly on audits did
not meet its benchmark of 68 %. Indirect time consumed 37% of available resources, primarily in the
areas of paid leave, employee development, meetings, and administrative tasks. Continuing education
is an important component of employee development and is required to maintain each person's
professional certifications. The department also holds daily briefings that support better collaboration
and communication.
Lastly, page 13 of the report covered department performance measures. Large projects like the tax
and treasury project consumed significant hours that would have been used for other assignments.
September 6, 2017
Page 3 of 3
The department fell well short of its goal to complete eight (8) assignments per person. Client
satisfaction ratings continued to be very good and departments completed 93% of the actions they
agreed to take to address audit findings.
Mayor Lea asked City Manager Cowell how often all of the Department Directors meet. Mr. Stovall
responded that they meet once a month. Mayor Lea asked for an invitation to the October meeting as
he would like to attend.
Mr. Bestpitch asked if the investigations shown on page three were the ones that come through the
hotline, noting that it was 8°% of activity. Mr. Harmon confirmed that these were hotline investigations
and that activity tends to fluctuate from year -to -year.
The report was received and filed without objection.
4. Other Business:
Mr. Bestpitch asked Mr. Harmon to update the committee on department staffing. Mr. Harmon stated
that Senior Auditor accepted an offer from his former employer that was more money and allowed him
to work from home. A new Senior Auditor has been hired in his place and starts on September 12.
She previously worked at Cherry Bekaert and is a CPA with a Master's Degree in Accounting. A new
project manager position will report to Auditing and be responsible for overseeing the implementation of
a new tax and treasury system. Mr. Bestpitch asked if the position is being recruited as a time - limited
position. Mr. Harmon confirmed that it was a temporary position that will be paid out of the capital
project fund.
Mr. Harmon reminded the committee of future meeting dates:
12/13/17
• 3/7/18
• 6/6/18
Mr. Stovall shared with the committee his appreciation for Dawn Mullins work in Finance, helping to
close the books for fiscal year 2017. He wanted to publicly and specifically thank Dawn for all of her
efforts. Mr. Bestpitch also recognized and thanked Amelia Merchant for her efforts as Acting Director of
Finance.
5. Adjournment:
Mr. Bestpitch adjourned the meeting at 4:33 p.m.
C4P ITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relep Lane: (540)853 -2541
r
Rnx: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -nutil: derk(alruannkryu.,o CECELIA F. ME COY
City Clerk Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Depuy City Clerk
December 19, 2017
Sheila Umberger, Secretary
Roanoke Public Library Board
Roanoke, Virginia
Dear Ms. Umberger:
This is to advise you that Jeanne Bollendorf has qualified as a member of the Roanoke
Public Library Board for a three -year term of office ending June 30, 2018.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
pMO17�N 1113
Oath or Affirmation of Office
Commormeallh of Virginia. City of Roanoke, to -wit:
I, JEANNE BOLLENDORF, do solemnly swear that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
i
and that I will faithfully and Impartially discharge and perform all the duties incumbent
upon me as a member of the Roanoke Public Library Board for a three ear term of
office ending June 30, 2018, according to the best of my ability. So help me God.
The foregoing oath of office was taken, swom to, and subscribed before me by Jeanne
Bollendorf this _jt�dayof 2017.
Brenda S. Hamilton, Clerk of the Circuit Court
December 18, 2017
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Besrpitch
Michelle L Dykstra
Raphael E. "Ray" Ferris
John A. Garland
Anita J. Price
David B. Trinklc
We jointly sponsor a request of John Fishwick to present information with regard
to naming the tennis court at Rivers Edge to honor local tennis great Carnis
Poindexter.
Sincerely,
William D. Bes pf itch
Council Member
- A&V
ohn A. Garland
Council Member
W DB /JAG: ctw
CITY OF ROANOKE
CITY COUNCIL
— i
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
\�tROiNU /�
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
SHERMAN P. LEA, SR.
Fax_ (540) 853 -1145
Mayor
Email: clerk@roanokevagov
December 18, 2017
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Besrpitch
Michelle L Dykstra
Raphael E. "Ray" Ferris
John A. Garland
Anita J. Price
David B. Trinklc
We jointly sponsor a request of John Fishwick to present information with regard
to naming the tennis court at Rivers Edge to honor local tennis great Carnis
Poindexter.
Sincerely,
William D. Bes pf itch
Council Member
- A&V
ohn A. Garland
Council Member
W DB /JAG: ctw
&.6,
Carnis Poindexter
A Tennis Trailblazer
A Distinguished & Dedicated Career
Raised in Roanoke
Returned to Roanoke to teach and coach
Served in Army during Vietnam
One of the greats in local tennis
Roanoke, Born & Raised
- Lucy Addison graduate (class of 1956)
- Began playing tennis during his junior year
- Dr. E.D. Downing, local dentist & coach
i
NAIA Champion
- Captained Arkansas A &T (Arkansas State, Pine Bluff) Tennis Team
- Won the NAIA National Championship in 1960
- Member of the ASU Athletics Hall of Fame
rx[i'ai. xess�e am, xiswi�w ix<r
Service in the Army
Served in the Army during Vietnam
Played and won many Army tournaments
1
Garrisoa Soldior Wins
Two Post Tends Tid,
Return to Roanoke
- Returns home and enters 1964 City- County Championships
- First African - American to win an Open Tournament in Virginia
- Wi
K
R�
V,
L, A
Ease of Final Victory Surprise
To Poindexter, C -C Tennis Champ
"He's just too good. He has
fine strokes and he is a fine
asset to local tennis" - Lu
Merritt, Sr. after his 1964 C -C
finals loss to Poindexter
pet er _ in hr.s C -
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maam Idnu I<
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In IM 111A Fame to <IM< wl
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.me A m
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rov. 1. tlt <t'C Addeo ern.t
IIW 4 W Ot. lua.
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faeR aawp1�1yyy� �, ,a.
Lu Merritt ... A Badly Beaten Man
ope Ls. 1 h a Irt d req
fit, +1
y,f�L�O R�lpepp<l�d
Merritt, a „Pl,
h.pp• ulnner uia.
l,bH wlr bAlp' 6 W r.•nlh McTN how POdu(�, a
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Tiro,WIYIa
I°�eWre a the Iwa1 WLLWe V thr Weence
o"to' the
COreV he ""Wo"le City- COIYIty teMie
OWE. Ne _L- 1W10er. (Iret Negro to be the
IA 1 0 wto lve to d aPeoWted bvv Tlr
W= ..—
1964 Washington Park Champ
Followed C -C win with championship in Washington Park in doubles and
singles
1965 C -C Tournament
Poindexter again claimed the title in
Rw�
EGC Teruris Begins Tomorrow
Poindexter Defends
Y •� W <...yYO .WYr 4rYU 6
'�' M�•E� WM WYO.F
:".Y,,�M.... Pte! � pq..'. •m
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Title
1965 Washington Park Champ
Defended his title in singles & doubles
Managed /ran tournament as well
Ddendby CC Champ CoI-K NW. W NRIAp rj, Form
1966 C -C Tournament
- Claimed third consecutive win
- Dedicated to teaching & coaching
1'niodeirr, Pr.FI> U wr.. J. G tldlrr and Jarkie liurrwe nL.
1966 Salem Tennis C'
Claimed title as top -seed
Choosing Education
3 -time defending champ Poindexter chose school over C -C tournament
Net Notes
Cornis
Poindexter Posses up Tennis for Summer
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row ver
1967 Salem Tennis Champ
t-" a e >.
Carms Poindexter
�9lem Net Champ
III`
1. ` I
1967 Washington Park Champ
lPoindenter Toy Seed
In TeniwTwmament
%VT 2
v, irs�
Pomdahrin Fimk
u
awani,mnm«t
lPoindenter Toy Seed
In TeniwTwmament
%VT 2
v, irs�
Return to RVITT (C -C)
Ran the table to face the defending RVITT Champ
1968 RVITT Champ
Come - from- behind victory gives
Poindexter 4th RVITT title
Poindexter Beats Tiring Burrows
For Roanoke Valley Tennis Title
1969 Star City Champ
Poindexter claimed the 1969 Star City
Tournament while also a full time teacher,
coach, and graduate student in biology
Is Still Tops
In His Class
1974 Memorial Day Champ
- Trialing in the final set, 35 -year old Poindexter outlasted his 21 -year old
opponent to claim the title
W
Poindexter
off game but wins
is ma& aw
�rti •wi r
x ua m+•i•, r P.rfP
rrw
wn
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yme a PwvEOUr � rr
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•••a Y r m sees see.
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r P•leidfr rpn feuv
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tl0e
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n ne trawls an..w re
H9eaam ewr w. �aatet
1975 Salem Tennis Champ
Poindexter claimed his third Salem title with a borrowed racquet
Career Statistics
- 4 -time RVITT Champ (1964,1965, 1966, 1968)
- 3 -time Salem Tennis Champ (1966,1967, 1975)
- 3 -time Washington Park Champ (1964, 1965, 1967)
- 2 -time Star City Champ (1969, 1971)
- 1 -time Memorial Day Champ (1974)
1 -time NAIA National Champ (1960)
14 titles overall
First African - American to win Open Tennis Tournament in Virginia
Roanoke Tribune Article (7/29/16)
- "Dr. ED Downing acknowledged my interest in tennis... [he] told me that I was
good enough to go to college on a tennis scholarship. In September 1957,1
became self- taught, considered it my Christian duty to help others as he has
helped me, so I passed it on."
"I began working for the Recreation Department teaching tennis in the
parks ... In dedication to this great man [Dr. Downing]... I taught the tennis
players and took up Dr. Downing's role of sending them to college."
- "...based on my recommendations, 25 Roanoke athletes attended Arkansas
A.M. &N /UAPB from 1965 to 1975."
Personality - a Model Roanoker
- Humble beginnings
- Teacher /coach for 30 years
- Served in the military
- Made an impact on people in this
community -- passed it on
- Active member & elder, Fifth Avenue
Presbyterian Church (USA)
Randy Dickey interview
Personal testament
4
,q,
tom,.;;':
Rl
Teacher & Coach
"Mr. P" in the classroom
Pet snake that he allowed his favorite
students to hold
Taught from 1965 -1994
B.S. in Health & Physical Education
from Arkansas State, Pine Bluff
M.S. in Biology from North Carolina
A &T State University "-
Recognizing Trailblazers
Dr. Johnson with
Arthur Ashe, Althea
Gibson, and others
Carnis Played on
these courts with Dr.
Johnson
r 0-6 V 27
DR. ROBERT WALTER JOHNSON
(1899.1971)
Th. a[.[q.oq.\m. of <bnl. s m. 1e1'aL.gy
•
bib
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ronntic. 01 the JOnloc Umelopm[n\ F.Ognh o1
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fill, I.I.Ifa. 1pne.a I
Ftliw
T.—If
0
The Carnis Poindexter
Tennis Complex at
Rivers Edge
(IP"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41017 - 121817.
AN ORDINANCE to appropriate funding for the Roanoke Centre for Industry and
Technology sign addition project, amending and reordaining certain sections of the 2017-
2018 Capital Projects Fund Appropriations and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2017 -2018 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from Third Party
Revenues
EDA Contribution for RCIT Sign
RCIT Business Contribution — Sign
08- 310 - 9231 -9003 $ 10,334
08- 310 - 9231 -9004 20,666
08- 310 - 9231 -9231 10,333
08- 310 - 9231 -9232 10,333
Fund Balance
Economic & Community Development
Reserve Unappropriated 08 -3365 (10,334)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE T:
arn ty cler, ,�7D n lam,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: Appropriation of Funds for Construction of Sign Addition at the
Roanoke Centre for Industry and Technology
Background:
When the Roanoke Centre for Industry and Technology (RCIT) was developed by
the City in the 1980's a monument sign was erected at the intersection of Blue
Hills Drive, N.E. and Orange Avenue, N.E. (US Highway 460). This sign includes
the RCIT name and the City star symbol. In recent years several of the
businesses located in RCIT have requested that the City add the business
names to the sign. This addition would serve as a directory and assist visitors
in locating specific businesses located within RCIT. Following an extensive
design process led by the City Engineering Division in consultation with the
RCIT businesses, the design for a sign addition was adopted and proposals
were invited from sign companies.
The Economic Development Department staff worked with the businesses to
devise a cost sharing plan to finance the sign addition similar to the successful
sidewalk construction project approved by the City Council in 2014. This plan
is based on a three -way sharing of construction costs. One third of the cost
would be paid by the businesses that choose to have their names included on
the sign addition, one third would be paid by the City of Roanoke Economic
Development Authority (EDA), and one third would be paid by the City. At their
November 15, 2017 meeting the EDA approved contributing one third of the
cost for the sign addition not to exceed $15,000.
The top ranked proposal for the sign addition including cleaning and
refurbishment of the existing sign was submitted by Budget Signs of Roanoke.
The proposed price is $29,162 plus permitting and engineering costs estimated
to be $1,000. A drawing of the proposed sign is attached. The business names
listed on this drawing are for illustrative purposes only. The actual names of
the businesses that choose to participate will be listed in alphabetical order.
Considerations:
Allowing for a contingency amount, the estimated cost of the sign addition and
refurbishment is $31,000. This cost is proposed to be shared equally by the
City, EDA, and those companies who want their name displayed on the sign.
Recommended Action:
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $10,333 for the share from the participating RCIT businesses
and $10,333 from the EDA in a project account to be established by the
Director of Finance in the Capital Projects Fund. Appropriate funding in the
amount of $10,334 from the Economic and Community Development Reserve
to the aforementioned project account to be established. Establish a total
expenditure budget of $31,000 forthe project.
-- —4--V ------ - - - - --
Robert S. Cowell, jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Wayne Bowers, Director, Economic Development
Amelia C. Merchant, Director of Finance
162"
116 "�
12.5"
116'
12.
Side Elevation
bumam -M
N l
N
IN 'I1[[: C'OIINC'II.OF'1'III.C'I'IY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41018 - 121817.
A RFSOLI]'I[ON accepting a grant iron the Department of Housing and Urban
Development to the City, and authorizing execution of any required documents on behah'of the
City in Connection with such grant, undet certain conditions.
131' IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke hereby accepts the Department of Housing and Urban
Development Lead Hazard Control Office of Healthy Home's FY 2017 Lead -Based Paint
Hazard Control Grant in the amount of $2,719,660.00, with a $275,138.00 local match from the
City, for a total project amount of $2,994,798.00 for this 36 month program. The City match
will be satisfied from several sources, all of which is more particularly described in the City
Council Agenda Report dated December 18, 2017.
2. The City Manager and the City Clerk are hereby authorized to execute, sea], and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
R - Load Huard wd Control grut doc
ATTEST.
City Clerk.
0w)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41019- 121.817.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Lead Hazard Control Grant, amending and
reordaining certain sections of the 2017 -2018 Capital Projects and Grant Funds
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 2017 -2018 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Project Fund
Appropriations
Transfer to Grant Funds 08- 530 - 9712 -9535 $100,000
Fund Balance
Economic and Community Dev Reserve 08 -3365 (100,000)
Special Revenue Fund
Appropriations
Regular Employee Salary 35- 615- 8185 -1002 $516,105
City Retirement 35- 615 -8185 -1105 84,711
401H Health Savings 35 -615- 8185 -1117 2,209
FICA 35- 615- 8185 -1120 35,587
Medical Insurance 35- 615 - 8185 -1125 69,080
Dental Insurance 35- 615 - 8185 -1126 2,673
Life Insurance 35- 615 - 8185 -1130 6,458
Disability Insurance 35- 615- 8185 -1131 564
Training 35 -615- 8185 -2044 21,950
Travel 35- 615 -8185 -8052 26,738
Supplies 35- 615 -8185 -8055 16,600
Relocation 35- 615 - 8185 -8254 71,960
Lead Testing and Clearance 35- 615 - 8185 -8255 122,750
LHC Single Family Units 35- 615 - 8185 -8256 972,650
LHC Rental Units 35 -615- 8185 -8257 625,275
Other Direct Costs 35 -615- 8185 -8258 14,725
Healthy Homes Units 35- 615 -8185 -8259 225,125
Blood Screenings 35 -615- 8185 -8260 4,500
Revenues
Lead Hazard Control Grant FY15 35- 615 - 8185 -8185 2,719,660
Lead Hazard Control Grant FY15- Local 35- 615- 8185 -8186 100,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: HUD Office of Lead Hazard Control and Healthy Homes FY2017
Lead -based Paint Hazard Control Grant
Background:
In October 2003, HUD awarded the City of Roanoke (City) a 36- month, $1.5
million dollar grant to help prevent lead poisoning in children ages 5 and under
by testing them for lead poisoning, educating the community on the hazards
associated with lead -based paint; and identifying, assessing, and performing
lead hazard control activities in eligible privately -owned rental and owner -
occupied housing units within targeted areas of the City. Partnerships were
immediately formed between various City departments, the Roanoke City Health
Department (RCHD), and non - profit organizations to create the Lead Safe
Roanoke program. The program ended successfully in December, 2008.
On February 25, 2009, the Department of Housing and Urban Development
announced, as part of the funds provided by the American Recovery and
Reinvestment Act of 2009, an award $1,406,633 to continue building upon the
accomplishments of the initial Lead Safe Roanoke program.
On September 19, 2011, the Department of Housing and Urban Development
announced that the City's application submitted in June, 2011, in response to
the Office of Healthy Homes and Lead Hazard Control's FY 2011 Notice of
Funding Availability (NOFA) was being awarded $1,855,733 to continue building
upon the accomplishments of the previous Lead Safe Roanoke program.
On September 30, 2014, the Department of Housing and Urban Development
announced that the City's application submitted in June, 2014, in response to
the Office of Lead Hazard Control and Healthy Homes FY2014 NOFA was being
awarded $2,179,064 to continue the Lead Safe Roanoke program for another
three year period. The 2014 HUD Grant ends January 4, 2018.
On June 27, 2017, the Department of Housing and Urban Development
announced that the City's application submitted in March, 2017, in response to
the Office of Lead Hazard Control and Healthy Homes FY 2017 NOFA was being
awarded $2,719,660 to continue the Lead Safe Roanoke Program for another
three year period.
Considerations
HUD requires that the City of Roanoke provide a minimum local match of 10% in
the form of cash and in -kind services. A City match of $275,138 for this 36-
month program will be met from various sources. City funds in the amount of
$100,000 will assist with the costs of the lead hazard control activities to be
performed. These funds will be provided from the FY 2017 -2018 budget
Contingency account.
The remainder of the match will be provided through in -kind City staff time
valued at $31,112; in -kind blood screenings valued at $32,700 provided by
New Horizons Healthcare, Dominion Lodging, Inc.- Mainstay Suites will provide
discounted relocation services for applicant families valued at $23,800; in -kind
EPA - accredited Renovation, Repair and Painting (RRP) training valued at $4,950
will be provided by the El Group, Inc., as well as by Froehling and Robertson,
Inc. at a value of $8,000; in -kind Public Service Announcements valued at
$54,000 will be provided by Roanoke Valley Cable Television; Strahle
Construction, Inc., will provide lead safe cleaning and training to applicant
families at a value of $12,650; Roanoke Redevelopment and Housing Authority
will provide outreach and education services for the program valued at $2,526;
and in -kind storage valued at $5,400 will be provided by W.E.L., Inc., to allow
for the storage of Lead Safe Roanoke related cleaning supplies used in cleaning
kits to be provided to participants in the program and outreach and education
supplies. The program will continue to be administered by a full time Program
Manager, Program Support Specialist, and Administrative /Budget Assistant.
Recommended Action:
Accept the Office of Lead Hazard Control and Healthy Home's FY 2017 grant
award of $2,719,660 described above, and authorize the City Manager to
execute the grant agreement and related documents, in such form as approved
by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate of
$2,719,660 and transfer funding in the amount of $100,000 from the FY 2017-
2018 budget Contingency account and to appropriate total funding of
$2,189,660 in accounts to be established in the Grant Fund by the Director of
Finance
Robert S. Cowell, Jr.
City Manager
Attachments
Distribution: Council Appointed Officers
Brian Townsend, Asst. City Manager for Community Development
Chris Chittum, Director, Planning Building and Development
Amelia C. Merchant, Director of Finance
Assistance Award /Amendment U.S. Department of Housing and
Urban Development
I. Assistance Instrument
2- Typcof Action
❑ Cooperative Agreement ® Grant
❑ Award ® Amendment
3. Instrument Number
4. Amendment Number
5. Effective Dale ofthis Action
6. Contra Number
VALHB0642 -17
I
See Block 420
7 -Name vad Address of Recipient
8. I IUD Adminatering Office
City of Roanoke
HUD, Office of Lead Hazard Control and Healthy Homes
215 Church Ave, SW Ran 208 North
451 Seventh Street, SW
Roanoke, Virginia 24011 -0016
Room 8236
Washington, DC 20410
& Name of Adminiwrator
8b. telephone Number
ROBERT M. HOUSTON
(202)402 -5056
10. Recipient Prairie Manager
9. IIUD Covemment Teohnieal Representative
Bob Clement, 540 -853 -5210, bob.element@roanokeva.gov
Jomette Simmons (678) 732 -2625
11. Assistance Armugement
12. payment Method
13. HUD Payment Of ra
® Cost Reimbursement
❑ Treasaty Check Reimbursement
U.S. Dept. of HUD
❑ Cost Sharing
❑ Advance Check
CFO Accounting Center, 6AF
❑ Fixed Price
® Automated Clearinghouse
801 Cherry St., Unit 445 Ste. 2500
Fort Worth, TX 76102
14. Assistance Parana
15. HUD Accounting and Appmprmlion Data
Previous HUD Amount $2,719,660.00
151. R,w st on number
8617/180174 17LRHH /LRLHR -$
_ - --
$225,535.00
86171180174 OLRHHILRHHI $225,125.00 LNC ❑ -II [FYI])
-
-HUD Amount this action S .00
Total HUD Amount _ $2,719,66000
Amount Picewi usly Obligated _ $2719,66000
Recipient Amount $ 275,138 20
Obligation by tha action $ 011.
Total Instrument Amount 52995798.20
Total Oblieahon $2719660.00
16. Description
Employer identifrcafion: 54- 6001569 DUNS: 006704316 Program: LHB /HHO
This instrument sets forth the agreement between the parties as to all terms and conditions and provisions herein. By signing this award
document, the Grantee certifies that it is in compliance with all administrative and financial provisions of this award. This grant instrument
consists of the following, some of which are incorporated by reference:
L Cover Page, HUD 1044
2. Schedule of Articles / 2017 Terms and Conditions
3. Statement of Work/Work Plan/Benchmark Standards
4. Lead Ilazard Control Program Policy Guidance Issuances
5. Grantee's financial and technical proposal
6. Mutually agreed and negotiated proposal changes
7. Abstract ofgont activities
8. TITLE 2. GRANTS AND AGREEMENTS - PART 200 - UNIFORM ADMINISTRATIVE REOUTRFMENTS COST PRINCIPLES AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS [http: / /www.ecfr.gov /egi -bin /text- Walruide-2:LL2. 2.11
9. HHRS training and implementation is no longer required for the use wand Healthy Homes Supplement Funds.
10. Notice of Grant Opportunity main need in GRANTS.GOV (FR- 6100 -N -12) - Posted date: Tuesday, February 07, 2017
Period of Performance: January 16, 2018 Through January 15, 2021 - 36 months
17. ® Recipient is required to sign and return three (3) copies I8 ❑ Recipient is not required to sign this document.
20. HUD (By Name)
Loyen Marie Waite
Date (marca yyyy)
Grant Officer
of Handbook 2210.17
U.S. Department of Housing and Urban Development
Office of Lead Hazard Control and Healthy Homes
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
TABLE OF CONTENTS
PREFACE
A. Overview of Award Implementation
B. Definitions
C. Changes to Reporting — Transparency Act Reporting
D. English Language
E. Conflict of Interest
F. Determining Subreeipient or Contractor Classification
G. Procurement Standards
H. Treating Zero - Bedroom Pre -1978 Units with a Child under Age 6 under Lead I Lazard Control Grant
(New)
PROGRAM REQUIREMENTS
1. Administrative Costs
2. Administrative Requirements
1 Advance Payment by Treasury Check or Electronic Funds Transfer
4. Allowable Costs
5. Amendments
6. Amount of Cost Share (Estimated Cost and Payment — Matching)
7. Budget
8. Certifications and Assurances
9. Changes to Award Agreement
10. Closeout
11. Conduct of Work
12. Collection of Data
13. Contact Information Updates
14, Copyrights
15. Direct Costs
16. Disputes
17. Estimated Cost and Payment Line of Credit Control System (LOCCS)
18. Equipment
19. Flow Down Provisions
20. Grantee Lead Certification Program Requirement
21. Single Audit Reporting Requirements
22. HUD's Right to Audit and Disallow Cost and Recover Funds
23. HUD's Substantial Involvement
24. Incurrence of Costs
25. Indirect (F &A) Cost Rate
26. Inspection and Acceptance
27. Key Personnel
28. Liability Insurance
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
29. Limitation of Consultant Payments
30. Limitation on Payments to Influence Certain Federal Transactions
3 L Lobbying Activities Prohibition
32. Grant Deliverables (If Applicable)
33. Order of Precedence
34. Patent Rights (Small Business Firms and Nonprofit Organizations)
35. Period of Performance and Extensions
36. Prc -award Costs
37.Profit /Fee
38. Program Income
39. Project Management System
40. Publications and News Releases
41. Release of Funds and Environmental Certification
42. Review of Deliverables
43. Sanctions
44. Scope of Services
45. Special Conditions
46. Suspension and Termination (For Cause)
ATTACHMENT
List of Actions Due
PREFACE
The Office of Management and Budget (OMB) has published final guidance, 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The
OMB - issued uniform guidance supersedes, consolidates, and streamlines requirements from eight
OMB Circulars: A -21 (Cost Principles for Educational Institutions), A -87 (Cost Principles for State,
Local and Indian Tribal Governments), A -89 (Catalog of Federal Domestic Assistance), A -102 (Grants
and Cooperative Agreements With State and Local Governments), A -110 (Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and
Other Non -Profit Organizations), A -122 (Cost Principles for Non -Profit Organizations), and A -133
(Audits of States, Local Governments, and Non -Profit Organizations), and the guidance in OMB
Circular A -50 (Audit Follow -up) on Single Audit Act follow -up.
This guidance is applicable to non - Federal entities as of December 26, 2014, with one exception for
HUD grants non- Federal entities previously subject to 24 CFR Part 84 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other
Non -Profit Organizations) will have a one -year grace period to comply with the revised procurement
standards in 2 CFR ,§§200.318 §200326.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
GRANT/COOPERATIVE AGREEMENT
GENERAL
The Grant /Cooperative Agreement (also referred to as an award document) consists of the form HUD -
1044, including any special conditions, and these Grant/Cooperative Agreement Provisions. The Grantee
must comply with the requirements and conditions established in the Grant /Cooperative Agreement.
A. Overview of Award Implementation
This instrument reflects the acceptance of the budget, key personnel and basic conditions of the
Applicant's approved general proposal, or any subsequent revision, submitted in response to the Notice
of Funding Availability (NOFA) for the Department of Housing and Urban Development, Office of Lead
I lazard Control and Healthy Homes Grant Programs for the NOFA indicated on the form HUD -1044
cover page. As a condition of accepting the grant award, the Grantee and sub - recipients, as applicable,
agree to the following:
The Grantee must complete and submit a revised management and work plan, Deliverables /Outcomes
and Budget (summarized on the Benchmark Standards) within 60 calendar days of the effective date of
the award (form HUD - 1044). These revisions shall update the general/basic plan submitted with the
proposal and include any negotiated changes to the work plan and budget. Revisions should be
developed per the instructions provided by the assigned Government Technical Representative (GTR). If
identified issues are not addressed satisfactorily, the Grantee's grant may be terminated based on failure
to successfully conclude negotiations or to provide HUD with requested information, in accordance with
the General Section of the NOFA for which the Grantee applied. A Grantee whose work plan includes
conducting activities that physically alter the dwelling or its property, such as lead hazard control or
other healthy homes interventions, will not be allowed to draw down funds prior N the completion of a
satisfactory environmental review by the appropriate I IUD Environmental Officer and its receipt of an
approved Request far Release of Funds and Certification, as prescribed within this agreement. See
OLHCHH Policv Guidance 2008 -03 for further details.
B. Definitions'
"Allocable Costs" as defined in 2 CPR §200.405, costs that are allocable to a particular cost
objective if the goods or services involved are chargeable or assignable to such cost objective in
accordance with relative benefits received. This standard is met if the cost: (1) is incurred
specifically for the Federal award; (2) benefits both the Federal award and other work of the Grantee
and can be distributed in proportions that may be approximated using reasonable methods; and (3) is
'In accordance with 2 CFR Pan 200 and the HUD Guidelines for the Evaluation and Control of Lead -
Based Paint Hazards in Housing, and applicable Notices of Funding Availability.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
necessary to the overall operation of the Grantee and is assignable in part to the Federal award in
accordance with the principles in 2 CFR Part 200, subpart E— Cost Principles. All activities that benefit
from the Grantee's indirect costs, including unallowable activities and services donated to the Grantee by
third parties, will receive an appropriate allocation of indirect costs. Any cost allocable to a Federal
award or cost objective may not be charged to other Federal awards to overcome fund deficiencies, to
avoid restrictions imposed by law or terms of the Federal awards, or for other reasons.
"Commercial and Government Entity (CAGE) Code" is a unique identifier assigned to suppliers to
various government, as well as to Federal Agencies and various organizations. CAGE codes provide a
standardized method of identifying a given facility at a specific location.
"Contract" as defined in 2 CFR §200.22 means a legal instrument by which a non- Federal entity
purchases property or services needed to carry out the project or program under a Federal award.
"Contractor" means an entity that receives a contract as defined in 2 CFR §200.22 Contract
"Direct Costs" as defure in 2 CFR §200.413 are those costs that can be identified specifically with a
particular final cost objective, such as a Federal award, or other internally or externally funded activity, or
that can be directly assigned to such activities relatively easily with a high degree of accuracy. Typical
direct costs chargeable to Federal awards are: Compensation of employees for the time devoted and
identified specifically to the performance of those awards; Cost of materials acquired, consumed, or
expended specifically for the purpose of those awards; Equipment and other approved capital
expenditures; and travel expenses incurred specifically to carry out the award. Any direct cost of a minor
amount may be treated as an indirect cost for reasons of practicality where such accounting treatment for
that item of cost is consistently applied to all cost objectives. A cost may not be assigned to a Federal
award as a direct cost if any other cost incurred for the same purpose in like circumstances has been
allocated to the Federal award as an indirect cost. Refer to the Notice of Funding Availability (NOFA)
for specific information regarding what constitutes Direct Costs for you and anv applicable
programmatic requirements you must adhere to.
"Disallowable Costs" means those charges to an award that HUD determines to be unallowable, in
accordance with the applicable Federal cast principles or other terns and conditions contained in the
award.
"General Purpose Equipment" as defined 2 CFR §200.48 means equipment which is not limited to
research, medical, scientific or other technical activities. Examples include office equipment and
furnishings, modular offices, telephone networks, information technology equipment and systems, air
conditioning equipment, reproduction and printing equipment, and motor vehicles.
"Government Technical Representative" (GTR) means the HUD Official who is responsible for the
technical administration of the grant, the evaluation of performance under the grant the acceptance of
technical reports or projects, and other such specific responsibilities as may be stipulated in the grant.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
"Grant Award" "Cooperative Agreement" or "Federal Award" means the award document consisting
of the HUD -1044, including any special conditions; these award provisions refer to either a grant or a
cooperative agreement instrument.
"Grantee" or "Recipient" as defined in 2 CFR §200.86, means non - Federal entity that expends Federal
awards received directly from a Federal awarding agency to carry out an activity under a Federal
program.
"Grant Officer" means the official authorized by I IUD to execute and/or administer this grant. This
term also refers to a Cooperative Agreement Officer when the instrument is a cooperative agreement.
"Guidelines" refers to the definitions, standards and information contained in the latest edition of the
"Guidelines for the Evaluation and Control of Lead -Based Paint in Housing." The Guidelines are
incorporated by reference into the grant.
"HHGMS" means Hcalthy I Tomes Grant Management System. The OLHCHH online data management
system that allows processing administrative, technical actions, and quarterly reporting among the
Grantee, Government Technical Representative, and Grant Officer.
"HUD" means Department of Housing and Urban Development.
"Indirect (Facilities & Administrative (F &A) Costs" as defined in 2 CFR §200.56 means those costs
incurred for a common or joint purpose benefitting more than one cost objective, and not readily
assignable to the cost objectives specifically benefitted, without effort disproportionate to the results
achieved. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be
necessary to establish several pools of indirect (F &A) costs. Indirect (F &A) cost pools must be
distributed to benefitted cost objectives on bases that will produce an equitable result in consideration of
relative benefits derived.
The term applies to costs of this type originating in the Grantee's organizational unit, as well as those
incurred by other organizational units or other entities in supplying goods, services, and facilities. To
facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to
establish several pools of indirect costs within a Grantee's organizational unit or in other agencies
providing services to a Grantee's organizational unit. Indirect cost pools should be distributed to
benefitted cost objectives on bases that will produce an equitable result in consideration of relative
benefits derived.
"Modified Total Direct Cost (MTDC)" as defined in 2 CFR §200.68 means all direct salaries and
wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25.000 of
each subaward (regardless of the period of performance of the subawards under the award). MTDC
excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each subaward more than
$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution
of indirect costs, and with the approval of the cognizant agency for indirect costs.
"Must" or "Shall' means a mandatory requirement of the Terms and Conditions in association with the
form I IUD- 1044 for the grant or cooperative agreement.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
"NOFA" means the Notice of Funding Availability that announced the availability of funding for this
award.
"Non - Federal Entity" as define in 2 CFR §200.69 means a state, local government, Indian
Tribe, Institution of Higher Education (THE), or Nonprofit Organization that carries out a Federal
award as a Recipient or Subrecipient.
"OLHCHH" means the HUD Office of Lead Hazard Control and Healthy Homes.
"Partner or Partnership" is identified as a Subgrantee or Contractor that has an arrangement in which
skills, services, or resources are shared in accordance with the partnership agreement to meet the goals of
the grant or cooperative agreement.
"Pass- Through Entity" as defined in 2 CFR §200.74, means a non - Federal entity that provides a
subaward to a subrecipient to carry out part of a Federal program.
"Prohibited Awarding" is defined as contracts or subrecipient agreements not approved in writing by
the Grant Specialist/Grant Officer when cost or funds exceed $3,500.00.
"Publication" includes: (a) any document containing information for public consumption; or (b) the act
of, or any act which may result in, disclosing information to the public.
"Research" as defined in 2 CFR §200.87, means a systematic study directed toward fuller scientific
knowledge or understanding of the subject studied. "Development" is the systematic use of knowledge
and understanding gained from research directed toward the production of useful materials, devices,
systems, or methods, including design and development of prototypes and processes.
"Should" means the best practices or recommended approach of the Terms and Conditions in association
with the form HUD -1044 for the grant or cooperative agreement.
"Subaward" as defined in 2 CFR 200.92, means an award provided by a pass - through entity to a
subrecipient for the subrecipient to carry out part of a Federal award received by the pass - through entity.
It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal
program. A subaward may be provided through any form of legal agreement, including an agreement that
the pass - through entity considers a contract.
"subrecipient" or " Subgrantee" as defined in 2 CFR §200.23 means an entity that receives a contract.
A "contract" is defined in 2 CFR §200.22 as a legal instrument by which a non - Federal entity purchases
property or services needed to carry out the project or program under a Federal award. The term as used
in 2 CFR Part 200 and in these Terms & Conditions does not include a legal instrument, even if the non-
Federal entity considers it a contract, when the substance of the transaction meets the definition of a
Federal award or subaward (see §200.92 Subaward).
C. Chanties to Reporting - Transparency Act Reporting
1. Recipient Reporting to Meet the Requirements of the Federal Financial Assistance Accountability
and Transparency Act of 2006 (FFATA), as amended.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
Recipient Reporting. Recipients and other prime awardees of HUD financial assistance
are required to report sub - awards in the Federal Subaward Reporting System (FSRS)
website: https: / /www.fsrs.goy or its successor system. Prime financial assistance
awardecs receiving funds directly from HUD are required to report subawards and
executive compensation information both for the award and subawards, where both the
initial award is $25,000 or greater or the cumulative award will be $25,000 or greater if
funding incrementally as directed by HUD in accordance with OMB guidance. The
reporting of award and Subaward information is in accordance with the requirements of
the FFATA, as amended by section 6202 of Public Law 110 -252, and OMB Guidance
issued to the Federal agencies on September 14, 2010 (75 FR 55669) and in OMB Policy
guidance. The prime awardee will have until the end of the month plus one additional
month after a Subaward is obligated to fulfill the reporting requirement. The FFATA
requires the creation of a public government wide website in which the following
subaward data will be displayed:
• Name of entity receiving award;
• Amount of award;
• Funding agency;
• North American Industry Classification System (NAICS) code for contracts, or
Catalog of Federal Domestic Assistance (CFDA) program for financial
assistance awards;
• Program source;
• Award title descriptive of the purpose of the funding action;
• Location of the entity (including Congressional district);
• Place of Performance (including Congressional district);
• Unique Entity Identifier(s) of the entity and its parent; and
• Total compensation and names of top five executives.
For the purposes of reporting into the FFATA Sub -Award Reporting System (FSRS)
repotting site, the unique ENTITY identifier is the identifier used by DUN and Bradstreet
Universal Numbering System (DUNS) number the entity has obtained from Dun and
Bradstreet, and for Prime Awardees the DUNS number registered in the Central
Contractor Registration as required by HUD regulation 24 CFR 5.1004.
The Grantee shall submit the Federal Financial Report (FFR) (Standard Form 425) for
each project or program annually. A final FFR shall be required at the completion of the
award agreement and shall use the end date of the project or grant period as the reporting
end date.
HUD requires recipients to submit the FFR no later than 90 calendar days after the end of
each specified reporting period for annual reports. Final reports shall be submitted no
later than 90 days after the project or grant period end date. Extensions of reporting due
dates may be approved by HUD upon request of the recipient.
b. Prime Awardee Executive Compensation Reporting. Recipients and Other Prime
Awardees must also report in the government wide website the total compensation and
names of the top five executives in the prime awardee organization if:
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
• More than 90% of the annual gross revenues are from the Federal Government,
and those revenues are greater than $25 million annually; and
• Compensation information is not readily available through reporting to the
Securities and Exchange Commission (SEC).
c. Sub -award Executive Compensation Reporting. Recipients and other Prime Awardees
must also report in the government wide website the total compensation and names of
the organization if:
• More than 80% of the annual gross revenues are from the Federal government,
and those revenues are greater than $25 million annually; and
• Compensation information is not readily available through reporting to the
Securities Exchange Commission (SEC.)
d. The FFATA Reporting Exemptions. The FFATA exempts any sub - awards less than
$25,000 made to individuals and any sub -wards less than $25,000 made to an entity
whose annual expenditures are less than $300,000. Subawards with a cumulative total of
$25,000 or greater are subject to subaward reporting beginning the date the subaward total
award amount reaches $25,000. Any other exemptions to the requirements most be
approved by the Office of Management and Budget. If you have may Problems or issues
regarding FFATA, please notify the Grants Management and Oversight Division
of HUD by calling 202- 708 -0667. The phone number may also be reached by
individuals who are deaf or hard of hearing, or who have speech disabilities,
through the Federal Relay Service's teletype service at 800 -877 -8339.
Further, each recipient of federal funds with a cumulative value greater than $10 million and their
Grantee See the following wcbsites below:
• FFATA Information System
https: / /www.fsrs.2ov/
• FFATA Sub -Award Reporting System
httl)s: / /www.fsrs.2ov/
• Federal Subaward Repot System (Contractor User Guide 1.0)
https: / /www.fsrs.gov/ documents /fsrs_ contractor_ user guide
• Grants.gov (Training Webinars)
hftl): / /www.grants.gov/ web /grants/ learn - grants /erant- renorting.html
The term subaward used in the FSRS database covers both subgrantees and contractors under the Prime
Awardee (Grantee). The report list will indicate the "source" of the report. Those reports tired to a
Contract award will list "contract" and those reports tied to a grant award will list "grant'.
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
The federal funding reporting requirement (under FFATA) is that payments to subawards of federal
grants must be reported when the payments total $25,000 or more. Subawards include, first, subgrants,
and, second, contracts by the grantee that carry out part of the grant purpose (as contrasted with providing
ordinary business materials or services). Contractors that do lead hazard control work (such as outreach,
enrollment eligibility verification, inspections, risk assessments, interim controls, or abatement) are
carrying out the purpose of a lead hazard control grant. If they are to be paid $25,000 or more, they must
be listed in the FFATA database system, called FSRS.
D. English Language
The English language will be used in the 2017 Terms and Conditions as defined in 2 CFR §200.111
as stated below'.
• All Federal financial assistance announcements and Federal award information must be in the
English language. Applications must be submitted in the English language and must be in the
terms of U.S. dollars. If the Federal awarding agency receives applications in another
currency, the Federal awarding agency will evaluate the application by converting the foreign
currency to United States cuff ency using the date specified for receipt of the application.
Non - Federal entities may translate the Federal award and other documents into another language. In the
event of inconsistency between any terms and conditions of the Federal award and any translation into
another language, the English language meaning will control. Where a significant portion of the non Federal
entity's employees who are working on the Federal award are not fluent in English, the non-Federal entity
must provide the Federal award in English and the language(s) with which employees are more familiar.
E. Conflict of Interest
"Conflict of Interest (COI)" as defined by 2 CFR §200.112, means the non-Federal entity must disclose
in writing any potential conflict of interest to the Federal awarding agency or pass- through entity in
accordance with applicable Federal awarding agency policy. HUD is in the process of establishing the
conflict of interest policy for the Awardees to follow. The Grantees will be notified in writing of the
COI Policy within 60 days of implementation by IIUD.
F. Determining Subrecipient or Contractor Classification
"Determining Subrecipient or Contractor Classification" as defined by 2 CFR §200.330 means the
Non - Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a
contractor, depending on the substance of its agreements with Federal awarding agencies and pass-
through entities. Therefore, a pass- through entity must make case -by -case determinations whether each
agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in
the role of a subrecipient or a contractor. See OLHCHH's Policy Guidance Number: 2017 -02.
G. Procurement Standards
"Procurement Standards" as defined by 2 CPR § 200.317 through § 200.326 means when procuring
property and services under a Federal award, a slate must follow the same policies and procedures it uses
for procurements from its non - Federal funds. The stale will comply with §200.322 Procurement of
recovered materials and ensure that every purchase order or other contract includes any clauses required
by section §200.326 Contract provisions, All other non - Federal entities, including subrecipient$ of a state,
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
will follow § §200.318 General procurement standards through 200.326 Contract provisions. See
OLHCHH's Policy Guidance Number: 2017 -04.
H. Treating Zero - Bedroom Pre -1978 Units with a Child under Age 6 under Lead Hazard Control
Grant (New)
The new OLHCHH policy will expand the scope of target housing units that may be treated under
its Lead Hazard Control Grant Programs (Lead -Based Paint Hazard Control (LBPHC) and Lead
Hazard Reduction Demonstration (LHRDH to include 0- bedroom dwellings constructed prior to
1978 in which a child under age 6 resides or is expected to reside. See Policy Guidance Number
2017 -03.
PROGRAM REQUIREMENT (Articles)
1. Administrative Costs
LBPHC, LHRD, and Other Grants Awarded under section 1011 of the Residential Lead Based Paint
Hazard Reduction Act of 1992 (Title X of the Housing Community Development Act of 1992, Public
Law 102 -550): Administrative costs may not exceed 10 percent of the federal grant award. For the
purposes of grants awarded under section 1101 of the Residential Lead -Based Paint Hazard Reduction
Act of 1992, administrative costs are defined as overhead costs and costs of general management,
oversight, and coordination. Administrative costs include all allowable and allocable direct
administrative costs (costs for the general management, oversight, and coordination of the grant— i.e.
program administration and indirect (F &A cost (defined in 2 CFR §200.56)). During negotiations, the
Grantee's Authorized Official and Fiscal Officer must certify administrative costs and complete the
Standard Form 425 Part 3 Financial Reporting Form (Administrative Cost Summary).
Notwithstanding any Administrative Cost limits provided in a statute, regulation, or in the
applicable NOFA, an indirect cost rate that is no greater than the approved rate negotiated with the
applicant's federal cognizant agency shall be used.
2. Administrative Requirements
For all grantees, awards will be governed by 2 CFR Part 200 and these grant /cooperative agreement
provisions.
3. Advance Pavenent by Treasury Check or Electronic Funds Transfer
Advance payments by the 'I electronic funds transfer are authorized under this grant.
HUD may provide to the Grantee a one -time cash advance that shall not exceed 10 percent of the
grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash
requirements of the Grantee in carrying out the startup activities of this agreement and as agreed
to by the Grant Officer. In accordance with 2 CFR §200.305, "Payment ", to the extent available,
the non - Federal entity must disburse funds available from program income (including
repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and
interest earned on such funds before requesting additional cash payments. The non - Federal entity
must maintain advance payments of Federal awards in interest- bearing accounts, unless the
following apply: (i) The Non - Federal entity receives less than $120,000 in Federal awards per
year; (it) The best reasonably available interest- bearing account would not be expected to earn
10
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
interest in excess of $500 per year on Federal cash balances; (iii) The depository would require
an average or minimum balance so high that it would not be feasible within the expected Federal
and non - Federal cash resources; or (iv) A foreign government or banking system prohibits or
precludes interest bearing accounts.
Should the Grantee demonstrate an unwillingness or inability to establish procedures that will
minimize the time elapsing between advances and disbursements, or fail to provide any required
progress report in a timely manner, the authorization for advance payments may be revoked. The
Grantee may then be required to finance the project with its own working capital, and payment to
the Grantee may be made by Treasury check or electronic funds transfer, at HUD's discretion, to
reimburse the Grantee for actual cash disbursements.
4. Allowable Costs
This is a cost reimbursement award. Except as described in Article 3, "Advance Payment by Treasury
Check or Electronic Funds Transfer," the Grantee shall be reimbursed for costs incurred in the
performance of work in an amount not to exceed the obligated amount shown on the form HUD -1044,
Assistance Award /Amendment In the event the Grantee incurs costs in excess of the prescribed amount,
the excess shall be borne entirely by the Grantee. HUD shall reimburse the Grantee for costs incurred in
the performance of this award which are determined by the GTR/Grant Officer to be allowable,
allocable, and reasonable in accordance with applicable Federal cost principles as permitted by 2 CFR
Part 200.
5. Amendments
The Grant /Cooperative Agreement may be modified at any time by written amendment. Amendments
that reflect the rights and obligations of either party shall be executed by both HUD (through the Grant
Officer) and the Grantee. Administrative amendments, such as changes in appropriation data, may be
issued unilaterally by the Grant Officer. See OLHCHH Policy Guidance 2013 -03.
6. Amount of Cost Share
The estimated cost for the performance of this grant is the ° "(oral Instrument Amount." See the form
HUD -1044, Assistance Ass ard/Amendment. The Grantee shall be reimbursed by HUD for 100% of
allowable costs incurred in the performance of this grant. HUD shall not reimburse the Grantee in
excess of the "Total HUD Amount" of the form HUD -1044. HUD reserves the right to withhold three -
percent (3 %) of the Federal award amount pending the receipt and approval of a Final Report (with
supporting documentation) prepared in accordance with the OLHCHH Policy Guidance 2012 -05 and/or
GTR instructions for the specific OLHCHH program and any amendments.
The proposed match contribution to supplement HUD funds is the "Recipient Amount" The Grantee
agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The Grantee is
not obligated to contribute more than the "Recipient Amount" However, the Grantee shall be solely
responsible for any costs in excess of the estimated cost of the "Total Instrument Amount "The Grantee
shall submit to the GTR as an attachment to the SF -425 (Federal Financial Report), verification of
eligible match sources and verifiable documentation (if applicable for the specific quarterly reporting
period) for eligible match activities to substantiate the match (recipient amount) reflected on each require
quarterly SF -425 submission and on the final SF -425. The Grantee shall also include the eligible match
on the Part 3 - Financial Reporting Form (Match Commitment Summary).
11
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
For verification of the eligible match source(s) and verification of match for eligible program activities,
the Grantee shall submit a letter on letterhead signed by the Authorized Official. The letter shall
include the following:
• Name of match source;
• Amount of match;
• Type of match (cash or in- kind);
• Description and purpose of eligible program activities performed as a result of receipt of
the match;
• Documentation to substantiate the match from the matching organization/entity.
The match from the matching organization may include:
• Cash Contributions, verified by:
• General ledger entries;
• Expenditure reports;
• Invoices;
• Signed contracts /agreement;
• Timesheets;
• Activity Report, eta
• In -Kind (Including third part contributions), verified by:
o Identification of donated equipment, supplies, volunteers' services, etc.;
o Fair Market Determination;
o Invoices:
o Timesheets and /or Activity Reports.
The Grantee must satisfy all statutory matching requirements in the NOFA. If the Grantee's actual
matching contribution is less than °Recipient Amount" on the form HUD -1044, the Goverment
reserves the right to negotiate new line items and/or amounts to satisfy the Grantee's match, or to reduce
the Government's share proportionally, or to require the Grantee to reimburse the
Government from non - federal funds the amount of eligible match not met. The Grantee shall notify
the Government at any time it believes it will not meet its match by the completion of the grant. If the
Grantee has a request to reduce match, the Grantee shall provide a revised SF -424, a revised form
HUD 424 CBW, and a revised budget narrative. In addition, a justification is required.
7. Budget
The Grantee shall incur costs in conformance with the original or negotiated budget, presented with the
proposal for this grant. The Grantee shall not commingle any funds computed under this grant with any
other existing or future operating accounts held by the Grantee.
Part 3 — Financial Reporting Form and Standard Form 425 Financial Status Report, detailing match or in-
kind contributions, shall be submitted on a quarterly basis to the GTR via the reporting system specified
in Article 38, Project Management System. OLHCHH must receive a signed original document. A Final
Report (along with a final Standard Form 425) is due no later than 90 days after the end of the period of
performance. See Article 6, Amount of Cost Share, regarding the holdback of 3% of the Federal amount
pending the receipt and approval of the Final Report. The Final Report should detail the progress made in
achieving the purpose of the grant and adequate documentation of the total funds expended in support of
12
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
the activities to achieve this purpose (Federal, leverage and in -kind statutory percent match amounts).
Failure to submit a Final Report within 90 -days from the end of the grant period of performance may
result in the grant being administratively closed and all outstanding funds recaptured by HUD or the
Treasury. For guidance on how to complete the Grantee's Final Report, see OLHCHH Policy Guidance
2012 -05.
8. Certifications and Assurances
The certifications and assurances submitted in the Grantee's application are incorporated into this award
document. They include, but are not limited to
a. Standard Form 424 (SF -424), Application for Federal Assistance
b. Certification and Disclosure Form Regarding Lobbying (SF -LLL)
a Applicant/Recipient Disclosure Update Report (HUD -2880)
d. Certification of Consistency with the Consolidated Plan (HUD -2991)
9. Changes to Award Agreement
To accordance with 2 CFR Part 200 as applicable grantees /recipients and subgrantecs must obtain the
prior approval of the awarding agency (see OLHCHH Policy Guidance 2013 -03) whenever any
programmatic changes are anticipated to include the following:
Subrecipient or Contractor receiving funds greater than $3,500.00 classification must be
approved in writing by the Grant Specialist/Grant Officer regarding their classification status;
Any equipment in excess of $5,000 must obtain prior approval in writing from the GTR or
Grant Specialist;
Contact Information must be provided within 30 days (See Article 13);
Any revision of the scope or objectives of the project (e.g., change in target area(s),
intervention methods, institutional review board approval to be obtained, interim or final
benchmarks of numbers of environmental reviews to be completed, housing units to be
treated, number ofpcople to be trained, etc.) regardless of whether there is an associated
budget revision requiring prior approval);
Need to extend the period of performance /availability of funds;
Budget revisions that are 10% or more of the cumulative transfers among direct cost
categories, or, if applicable, among separately budgeted programs, projects, functions, or
activities which exceed or are expected to exceed ten percent otthe current total approved
budget. Changes in key personnel as specified in an application or a grant award. In research
projects, a change in the project director or principal investigator always requires approval;
Contracting out, sub - granting (if authorized by law) or otherwise obtaining the third party
(e.g. vendors) to perform activities that are central to the purposes of the award;
International Travel — All international travel that is required to ensure the goals of the grant
MUST have prior approval in writing from the assigned GTR with concurrence from the
Grant Officer before the navel takes place.
10. Closeout (See OLHCHH Policy Guidance 2012 -05)
The Grantee shall provide the closeout documentation to the GTR within 90 days after the end of the
performance period, consisting of the following elements:
13
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
a. Final Narrative Report
b. Final breakdown and justification of budget categories including direct costs,
administrative costs, match/cost share and indirect cost rate, if applicable;
c. Part 3 hour the Healthy Homes Grants Management System (HHGMS) on -line
quarterly reporting system;
d. Final Federal Financial Report (SF-425)
e. Final invoice for incurred expenses (All budget expenses reported in the SF -425, LOCCS and
placed HHGMS must match before the grant can be closed out); and
f. Final reporting into the Healthy Homes Grants Management System on -line quarterly reporting
system (only if additional housing units were completed and cleared during the close out period).
The Grantee shall submit a final Section 3 Report (HUD 60002) to its local HUD Field Office at
hftos: / /Portal.hnd.gov/hudportalMUD?sm= /pram offices/fair housing equal opp /section3 /section3 /spears
HUD will notify the Grantee in writing when the Gram/Cooperative Agreement is closed. The Grantee
has three areas of continuing responsibility after closeout of award:
a. Records and materials must be kept in a safe place and be accessible to HUD, auditors and
other government officials for a period of at least 3 years from the end of the award's period of
performance. This requirement also extends to all sub - grants /sub -wards and subcontracts the
Grantee has executed for over $10,000.
b. Accountability for property continues as long as the Grantee holds the property, or for the period
of time established by the award document. Disposal of property must be in accordance with 2
CFR §200.310 - §200.316. See Article 37, Program income, regarding use of those funds.
c. Notification to the GTR and Grant Officer if at any time during the three -year period after the
period of performance, the Grantee organization is discontinued or changes location. The
GTR and Grant Officer shall be notified inunediately of the new address or the address of the
party retaining all records.
11. Conduct of Work
During the effective period of this grant, the Government Technical Representative shall be responsible
for monitoring the technical effort of the Grantee. The Grantee must allow and fully cooperate with both
remote monitoring requests and on -site monitoring visits. Failure to comply with a request associated
with remote monitoring within a reasonable timeframe (As set by the GTR or Grant Officer) may result in
"High Risk" designation, suspension, or termination of grant. See Article 46, Suspension and
Termination (For Cause).
The Grantee or Subgrantee shall not engage in any unethical activities during the grant /cooperative
agreement performance period. If HUD makes a determination that the Grantee or Subgrantee has
engaged in unethical activities, the Grantee or Subgrantee will be subject to "High Risk" designation or
suspension until such time as the activities have ceased and assurance acceptable to HUD is given that
no further activities will occur; in addition, HUD may take enforcement action under 2 CFR §200.338.
14
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
Mandatory Disclosure Requirements: The Grantee and Subgranlce must disclose, in a timely manner
and in writing to HUD, all violations of Federal criminal law involving fraud, bribery, or gramity
violations potentially affecting the Federal award. Failure to make disclosures can result in any of the
remedies described in $200.338. Actions taken are subject to Article 46, Suspension and Termination
(For Cause).
12. Collection of Data
Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork
Reduction Act (44 U.S.C. 3501- 3520). If a survey instrument for a collection of data sponsored by HUD
is proposed, it will be subject to review and approval by the Office of Management and Budget (OMB).
Such review and approval must be obtained prior to the use of the survey instrument. Also, the approval
time may considerably lengthen the time required for completion of the proposed project. The Grantee
shall give careful consideration to requiring the use of a survey or other information collection sponsored
by HUD. The collection of data is deemed to be sponsored by HUD only under the following conditions
(5 CFR 1320.3).
a. The Grantee is conducting the collection of information at the specific request of HUD; or
b. The terms and conditions of the grant require specific approval by HUD of the collection of
information or collection procedures. Note that if the Grantee decides on its own to collect
information and it does not need HUD approval to do so, then HUD is not the "sponsor" of
the information collection.
The Grantee shall cooperate fully with any research or evaluation sponsored by HUD or another
government agency associated with this grant program, including preservation of project data and records
and compiling requested information in formats provided by the researchers, evaluators or HUD. This
also may include the compiling of certain relevant local demographic, dwelling unit, and participant data
not contemplated in the original proposal. Participant data shall be subject to the Privacy Rule of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). IIIPAA and the Privacy Rule can
be found at h tto: / /www.hhs.eov /ocr /nrivacv /.
13. Contact Information Updates
The Grantee must inform the GTR within 30 days of any changes in contact information, including the
organization's name, address, telephone, e -mail, and key personnel or authorized official change.
The transferring of a grant or cooperative agreement to another entity /organization within the structure of
the City, County, State, Native American Tribal (Federally recognized Indian Tribal Governments),
College/University, Profit or Nonprofit Institutions requires notifying the GTR for involvement in the
transferring process. In addition, the Grantee must submit a request and receive a written approval
(HUD -1044) prior to the transfer from the Grant Specialist process through HHGMS. Failure to receive
a written approval may result in sanctions, suspension, or termination of the grant or cooperative
agreement. See Articles 43 and 46, Sanctions, Suspension and Termination (For Cause).
15
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
14. Cppyrieht
HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use for Federal government purposes: (a) the copyright in any work
developed under this award, sub - award, or contract awarded under this cooperative agreement /grant; and
(b) any rights of copyright to which a Grantee or sub - Grantee or a contractor purchases ownership with
award funds.
Section 508 of the Rehabilitation Act of 1973 requires all Federal electronic and information technology
to be accessible by people with disabilities. All Products of Work that will be posted on HUD's website
must meet HUD's Web Publication Standards and Procedures at
httu://www.bud.gov/library /bookshelfll/.
l/.
15. Direct Costs
"Direct Costs" as defined in 2 CFR §200.413 and in these terms and conditions, are those costs that can
be identified specifically with a particular final cost objective, such as a Federal award, or other internally
or externally funded activity, or that can be directly assigned to such activities relatively easily with a
high degree of accuracy. Detailed explanations of direct costs are provided in 2 CFR Part 200, Subpart E
— Cost Principles.
Lead -Based Paint Hazard Control (LBPHC) grants, Lead Hazard Reduction Demonstration (LHRD)
grants, and Healthy Homes Production (HHP) grants: OLHCHH Policy Guidance, "PGI- 2015 -01 -
Clarification of Costs for LHRD and LBPHC Grant Programs" clarifies program costs, administrative
costs, direct cost, and indirect costs for LBPHC, LHRD, and HHP grants. Nate that this policy gaidance
does not apply to Lead Technical Studies grants or Healthy Home Technical Studies erants.
Cooperative Agreements that educate and engage students in research, the dual role of students as both
trainees and employees (including pre -and post- doctoral staft) contributing to the completion of Federal
awards for research must be recognized in the application of principles as defined by Subpart E- Cost
Principles, 2 CFR §200.100 - §200.113.
16. Disputes
During the performance of the grant /cooperative agreement, disputes may arise between the Grantee and
the GTR, or between Grantee and the Grant Specialist. If a dispute with the GTR arises, the Grantee may
solicit the assistance of the Grant Specialist in resolving the dispute, and /or may appeal the determination
by the GTR to the Grant Specialist.
If a dispute with the Grant Specialist arises, or if the Grantee has appealed a decision by the GTR to the
Grant Specialist, the Grant Specialist shall prepare a final decision, considering all facts and
documentation presented. The decision shall be in writing to the Grantee.
If the Grantee disagrees with the final decision by the Grant Specialist, the Grantee may appeal the
decision to the Director, Grants Services Division, OLHCHH. If the Grantee wishes to submit a second
appeal, the Grantee may appeal to the Deputy Director, OLFICHH. If Grantee wishes to submit a third
appeal, the Grantee may appeal to the Director, OLHCHH for a final decision.
16
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
17. Estimated Cost and Payment — Line of Credit Control System ( LOCCS)
The Grantee shall be reimbursed for allowable costs incurred in the performance of work under this grant
in an amount not -to- exceed "Total HUD Amount" on the form HUD -1044.
• Incurred costs shall be reimbursed through eLOCCS under the HUD's Line of Credit Control System.
eLOCCS is accessed through the HUD intemet portal called Secure Systems and sometimes referred
to as the online systems. To use eLOCCS, you must Register as a "Business Partner" using this
website: httns : / /hudanns2.hud.gov /anns/bart reg/mps040.efm.
• The grantees must complete the HUD - 27054E LOCCS Access Authorization Tom, which will
specify the Business Partner(s) and HUD Programs you are authorized to access within eLOCCS. The
weblink is: lrttp: // portal. hud. eov /hudoortal /documents/huddocvid= 27054E Idf .
• The Grantees (all new or reinstated user who needs to access eLOCCS) will need to complete the
LOCCS HUD - 27054E form, have it notarized, and send the original HUD - 27054E LOCCS Access
Authorization Form (with the original signature and notary seal) via U.S. Mail to the OLHCHH
(Grant Officer) for review.
• The Grant Officer must review the form and validate that the grantee is the correct official accessing
the grant, and program area requests are accurate. The Gran/ Officer signs and dates the HUD -
27054E LOCCS Access Authorization Forth acknowledging the review and authorization. The
Program Office must then send the original LOCCS Access Authorization Form (with the original
signature and notary seal) via U.S. Mail to the OCFO's Security office.
• To register as a "Coordinator or User" you will need a Secure System's User ID and use the Secure
Systems Registration weblink:
http: / /Portal.hud .eov /hudportal/HUD ?src= /program offices /public indian housinv/reac /online
Before receiving funds from HUD, the Grantee must designate a financial institution in order for HUD to
make direct deposit payments through the ACH system. In the event that the Grantee, during the
performance of this grant, elects to designate a different financial institution for the receipt of any
payments, notification of such change and the related information must be received by the Grant Officer
at least 30 days prior to the date such change is to become effective.
The Grantee shall submit to the GTR the original documents (voucher) related to reimbursements
requested for work performed. The voucher shall be supported by a detailed breakdown of the cost(s)
claimed. Grantees are to use the Part 3 — Financial Reporting Form in accordance with OLHCHH Policy
Guidance PG12015 -02, "Line of Credit Control System ( eLOCCS) Reimbursement Procedures ".
Note: Should you have any questions, please contact your Grant Officer.
Funds advanced to the Grantee shall be maintained in an interest - bearing account. Any intcrest earned by
the Grantee as a result of the advanced funds shall be promptly returned to HUD by check. All
remittances shall be accomplished as follows:
17
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
The check should be made out to
U.S. Department of Housing and Urban Development with the grant number on the check stub.
Express Mail to
Department of Housing and Urban Development
451 7th Street SW, Room 8236
Washington, DC 20410 -3000
Attn: Jeffrey Simpkins
The Grantee may retain up to $500.00 of interest earned per Grantee's fiscal year for administrative
expenses (2 CFR §200.305(b)(9).
State universities and hospitals shall comply with the Cash Management Improvement Act (CMIA,
http: /Iw w.fms.treas.2ov /cmia/ as it pertains to interest).
18. Equipment
The following equipment in excess of $5,000 is allowable, in accordance with the OLHCHH NOFA for
the applicable grant program, to be acquired for the performance of this grant /cooperative agreement:
• XRF Instruments; X -Ray Fluorescence (XRF) instruments purchased with Federal funds for use
in the OLHCHH Grant programs will remain the property of the Grantee under the conditions
cited in 2 CFR §200.313, as applicable.
• Leased Vehicles; Leasing Motor Vehicles; must be used by the Grantee in the program or
project for which it was acquired for as long as needed and must not encumber the property
without prior approval of the OLHCHH in accordance with 2 CFR §200.313(c).
19. Flow Down Provisions
If the Grantee sub - awards funds under this agreement with an entity to perform work under this award,
the Grantee shall include in the sub -award agreement these Terms and Conditions and any other
provisions as may be necessary to ensure that the sub - grantees or sub - recipients comply with the
requirement of the cooperative agreement /grant.
In accordance with 2 CFR §200.328, "Monitoring and Reporting Program Performance" Grantees are
responsible for oversight for the operations of the Federal award supported activities. Grantees must
monitor its activities under Federal awards to assure compliance with applicable Federal requirements and
performance expectations are being achieved. Monitoring by the Grantee must cover each program,
function or activity. See also 2 CFR §200.331 — `Requirements for Pass - Through Entities ".
20. Grantee Lead Certification Program Requirement
The Grantee and Subgrantee agrees that any funds under this grant used for lead -based paint hazard
evaluation or control activities shall be conducted by fimts and persons qualified for the activities
according to 24 CPR Part 35, subpart R (possessing, as applicable, certification valid for the Stale or
Tribal area in which the activity is conducted as abatement contractors, risk assessors, inspectors,
abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a HUD-
18
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
approved course in lead -safe work practices, such as the EPA (or EPA - authorized State or Tribal) repair,
renovation and painting certified renovator course), and that laboratories used for analysis of samples for
lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the
analysis of those samples under EPA's National Lead Laboratory Accreditation Program.
21. Single Audit Reporting Requirements
In accordance with 2 CFR Part 200, Subpart F — Audit Requirements, a Single or Program Specific Audit
Report must be conducted each fiscal year for non - federal entities that exceeds $750,000 in federal grant
awards and submitted to the Federal Clearing House System as a requirement under the Single Audit Act
of 1984 (amended in 1996). Grants or Cooperative Agreements may be placed on `High Risk"
designation, suspended, or terminated for failing to submit the Single Audit Report _ See Article 46,
Suspension and Termination (For Cause).
The website for the Single Audit Report submission is:
httDs : / /ha"ester.census.Eov /facweb/
22. HUD's Right to Audit and Disallow Cost and Recover Funds
The Government reserves the right to recover and recapture any funds that were not expended in
accordance with the requirements; considered an ineligible program cost; or conditions of this
agreement based upon HUD review, the final audit, monitoring site visit or any other special audits or
reviews undertaken. HUD has the right to order a special audit, even if the Grantee's auditor or a
cognizant agency has already conducted one.
Access to Records of Grantees and Subgrantees - I IUD and the Comptroller General of the United
States, or any of their authorized representatives, shall have the right to access any books, documents,
papers, or other records of Grantees and Subgrantees that are pertinent to the grant, in order to conduct
audits, monitoring visits, examinations, excerpts, and transcript.
Later Disallowances and Adjustments - the closeout of a grant does not affect
• HUD's right to disallow costs and recover funds on the basis of a later audit or other review (2
CPR §200.344);
• The Grantee's obligation to return any funds due as a result of later refunds, corrections, or other
transactions including final indirect cost rate adjustment (2 CFR §200.344);
• Audit requirements in 2 CFR Part 200, Subpart D — Post Federal Award Requirements of this
part, §200333- §200.337;
• Property management and disposition requirements in 2 CFR §200.310— §200.316; and
• Audit requirements in CFR Part 200, Subpar F — Audit Requirements.
19
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
23. HUD's Substantial Involvement
If this is a Cooperative Agreement, HUD intends to have substantial involvement in the review,
development, and approval of all aspects of the work to be carried out under this cooperative agreement.
The substantial involvement will be focused through the GTR. Anticipated substantial involvement by
HUD staff may include, but will not be limited lo:
a. Review and possibly suggest amendments to the study design, including:
• Study Objectives
• Field Sampling Plan
• Sample Handling and Preparation
• Sample and Data Analysis
• Quality Assurance
b. Review and provide scientific and technical recommendations in response to quarterly
progress reports (e.g., amendments to study design based on preliminary results).
c. Review and provide scientific and technical recommendations on the final study report,
including final interpretation of study results.
24. Incurrence of Costs
The Grantee is allowed to incur costs for activities beginning on the effective dale on the form HUD -
1044. Any costs incurred before the date are not allowable unless specifically authorized in writing by the
Grant Officer with concurrence of the GTR,
25. Indirect (F &Al Cost Rate
If the Grantee has received a current federally negotiated indirect cost rate from its cognizant agency,
reimbursement will be made on the basis of the current federally negotiated indirect cost rate.
Any Grantee that has never received a negotiated indirect cost rate, except for those non - Federal entities
described in Appendix VII to Part 200 — Stales and Local Government and Indian Tribe Indirect Cost
Proposals, paragraph D. Lb, may elect to charge a de minims rate of 10% of Modified Total Direct Costs
(MTDC)* which may be used indefinitely. As described in 2 CFR §200.403 Factors affecting
allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be
double charged or inconsistently charged as both. If chosen, this methodology once elected must be used
consistently for all Federal awards until such time as a non - Federal entity chooses to negotiate for a rate,
which the non - Federal entity may apply to do at any time. [ *See definition on page 51
In Category 10, the Indirect Costs, on the HUD424 -CBW, the Grantee shall enter the federally
negotiated indirect cost rate or the de minims rate of 10 %. Then the Grantee must apply the appropriate
indirect cost rate and base (MTDC) to calculate the total estimated indirect cost for the grant or
cooperative agreement, Therefore, in Category 10: Rate x Rase (MTDC) = Estimated Cost.
OR
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
26. Insnection and Accentance
Inspection, review, correction, and acceptance of all deliverables under this award shall be the
responsibility of the GTR. The GTR may receive recommendations from assigned Field Representatives.
27. Key Personnel (If Applicable)
Personnel specified as key personnel in the original grant application, Factor 1, Capacity of the Applicant
and Relevant Organizational Experience, arc considered to be essential to the work being performed
hereunder. The Program Manager must commit at least 75% of his /her time to grant award. Prior
to diverting any of the specified individuals to other work, to include reductions in the allocation of time
spent on the grant by any of the key personnel, the Grantee shall notify the Grant Officer and GTR
reasonably in advance, in writing, and shall submit justification (including proposed substitutions with the
qualifications and experience of the substitute personnel) in sufficient detail to permit evaluation of the
impact on the work effort and quality. At a minimum, HUD requires a current resume detailing the
individual's experience as it relates to the position being sought. All changes to key personnel (except
upon the death of such personnel) must be approved by the GTR in advance and may be denied in
writing. No diversion shall be made by the Grantee without the prior written consent of the Grant Officer.
28. Liability Insurance
Costs of insurance required or approved and maintained, pursuant to the Federal award, are allowable.
Costs of other insurance in connection with the general conduct of activities are allowable subject to
limitations. See 2 CFR §200.447.
Medical liability (malpractice) insurance as defined by 2 CFR §200.447, "Insurance and
indemnification." is an allowable cost of Federal research programs only to the extent that the Federal
research programs involve human subjects or training of participants in research techniques. Medical
liability insurance cases must he treated as a direct cast and most be assigned to individual projects based
on the manner in which the insurer allocates the risk to the population covered by the insurance.
29. Limitation on Consultant Payments
Consultants may not be paid, or provided reimbursement for payment, whether retained by the federal
government or the Grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base pay
rate for the current federal pay year in which the consultant performs services under the grant/cooperative
agreement.
30. Limitation Payments to Influence Certain Federal Transactions
31 U.S.C. section 1352 provides in par that no appropriated funds may be expended by the recipient of a
Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of Member of Congress in connection with any of the following covered
Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
21
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
31. Lobbying Activities Prohibition
The Grantee is subject to the provisions of section 319 of the Department of Interior and Related
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment), implemented
in HUD regulations at 24 CFR Part 87, and to the provisions of the Lobbying Disclosure Act of 1995,
P.L. 104-65 (December 19, 1995).
32. Grant Deliverables (If Applicable)
The Grantee shall complete and submit a detailed management and work plan, benchmarks (with
Benchmark Standards -Form HUD 96008), budget and the Grantee's policy and procedures within 60 days
after the effective date of the grant. These are subject to review and approval by HUD for incorporation as
part of the grant /cooperative agreement, These revisions shall update the general plan submitted in the
Grantee's proposal and include any negotiated changes of the work plan or budget if applicable. The plan
shall be developed according to the instructions and benchmark standards that will be provided by the
Government Technical Representative (GTR) for the grant program as applicable.
The management and work plan consists of the goals and time phased objectives and deliverables for
each of the major tasks to be undertaken by the program. Benchmark standards (milestones) have been
developed to assist the Grantee plan and implement its program in a timely and cost - effective manner. A
revised budget, in accordance with the final negotiation, shall be submitted (if necessary). The policy and
procedures shall also include a detailed narrative description of how assistance and funding will flow
from the Grantee to the actual performers of the hazard reduction work; the selection process for sub -
recipients and vendors; the selection process for the particular properties to be abated, the lead hazard
control activities to be undertaken, and the screening, health, and other measures to be taken to protect
children and other occupants. Where (here is interdependence among the tasks, the work plan, and policy
and procedures shall indicate how each interdependent task will provide needed inputs to the others. (See,
also, Article 39, Project Management System).
33. Order of Precedence
In the event of any inconsistency among any provisions of this grant, the following order of precedence
shall apply:
• Statutes;
• Regulation other than 2 CFR Part 200, Uniform Administrative Requirements (sec below);
• The applicable NOFA, including the General Section and the Program Section;
• Grant Agreement (form HUD - 1044), including Terms and Conditions;
• Management and Work Plan;
• Special Conditions;
• Schedule of Articles;
• 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards;
• Grantee's Proposal (If incorporated- except for the Management and Work Plan see above).
22
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
34. Patent Rights (Small Business Firms and Nonorofit Organizations
Palen rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by Nonprofit
Organizations and Small Business Firms under Goverment Grants, Contracts and Cooperative
Agreements" Inquiries regarding this Patent Rights clause should be in writing and directed lo:
[GTR identified on the form HUD -1044]
Goverment Technical Representative
U.S. Department of Housing and Urban Development
Office of Lead Hazard Control and Healthy Homes
U.S. Department of Housing and Urban Development
451 Seventh Street SW, Room 5236
Washington, DC 20410 -3000
35. Period of Performance and Extensions and Incurring Costs or Obligating Federal
The Grantee shall provide all services stipulated in this award agreement for the period of months
specified on the form HUD -1044, "Assistance Award /Amendment" Continuation Sheet from the effective
date stipulated on the form HUD 1044. Grantees are to comply with the requirement of 2 CFR §200309
and §200.343, as applicable, in charging costs to the grant. All obligations incurred under the award must
be liquidated not later than 90 days after the end of the funding period. The preparation of the final
administrative and financial reports is to be completed within 90 -days after the end of the period of
performance.
The Grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the
project, program, or activities beyond the expiration date stipulated in the award. The only costs which
are authorized for a period of up to 90 days following the award expiration date are those strictly
associated with closeout activities. Closeout activities are normally limited to the preparation offinal
progress, financial, and required project audit reports unless otherwise approved in writing by the Grants
Officer.
An extension of the award period can be authorized only by the Grant Officer in writing. Neither verbal
assurances, nor written assurances of fimding from other than the Grant Officer, shall constitute authority
to obligate funds for programmatic activities beyond the expiration date.
The OLHCHH has no obligation to provide any additional prospective funding. Any amendment of the
award to increase funding or extend the period of performance is at the sole discretion of the OLHCHH.
36. Pre -Award Costs
Prior to the effective date of the Grant /Cooperative Agreement, a Grantee may, at its own risk, incur pre -
award costs with prior written approval of the Grant Officer with the concurrence of the GTR. Pre -award
costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in
anticipation of the award where such costs are necessary to comply with the proposed delivery schedule
or period of performance. Such coats are allowable only to the extent that they would have been allowable
if incurred after the date of the award and only with the written approval of the awarding agency.
23
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
37. Profit /Fee
No increment above cost, fee, or profit shall be paid to the Grantee or any subgrantee or sub - recipient
under this award.
38. Program Income
Any prognam income derived as a result of this award, including royalties, whether obtained during or
after the period of performance, shall be added to funds committed under the Grantee's award to further
activities eligible for assistance under this award in accordance with 2 CFR Part 200 as applicable,
including 2 CFR §200.305 and §200.307. The program income must be used for the purposes and under
the conditions of this award. If not contained in the Work Plan or under Special Conditions itemized in
these provis'ions, prior to using program income to further the objectives of the grant program, the parties
shall mutually agree by written amendment on the use of program income.
39. Proiect Management Svstem
a. Deliverables
The Grantee shall include a schedule listing all significant project benchmark milestones, and dates for
submission of all project deliverables including quarterly project reports, interim reports where
appropriate, the final report, and financial reports utilizing form HUD -425. Upon approval of the work
plan, the Grantee shall ensure all deliverables identified in the Work Plan and Benchmark schedule are
delivered on time.
b. Ouarterly Progress Reports
Quarterly reports will be due no later than January 30th, April 30th, July 30th and October 30th, for the
preceding quarter following the initiation of the grant through project closeout, and should be submitted
as soon as possible after the end of the quarter. If a due date falls on a federal weekend or holiday, or on
an otherwise - closed HUD workday in Washington, DC, it shall be extended to the next Federal workday
in Washington, DC, without affecting subsequent due dates. Quarterly reports must reflect activities
undertaken, obstacles encountered, solutions achieved, and accomplishments in each calendar quarter. In
addition, a separate document illustrating match contribution for each quarter is required. [See Article 6,
Amount of Cost Share.] Contracts, training materials, protocols, rosters of persons trained, outreach and
educational materials prepared, and other significant products developed to implement, analyze or control
the project or disseminate information shall be submitted with the quarterly reports as attachments.
The Grantee shall use the Healthy Homes Grant Management System ( HHGMS), or a replacement
system selected by the OLHCHH, after notifying the Grantee. The reporting system requires the
submission of a work plan with specific, time phased, and realistic goals, objectives, and benchmark
milestones established. Quarterly status reports that show progress and measure performance of the
program in meeting approved work plan goals, objectives and benchmark milestones shall be submitted.
The reporting system utilizes quantifiable data and a narrative description of progress.
In the event that a Grantee cannot access the Internet, a "Word template" version of the HHGMS
reporting forms is available. Completed quarterly reports in this format should be submitted to Healthy
Homes Good Management System ( HHGMS) or other Internet address or other method as advised by the
GTR.
24
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
The Grantee is advised that failure to submit timely quarterly progress reports will result in not having its
"eLOCCS Request Voucher for Grant Payment' processed and /or approved for payment until such time
as the quarterly progress report is submitted to HUD.
c. Annual Reports
Economic Opportunities for Low -and Very Low - Income Persons (Section 3). The Form HUD - 60002,
Economic Opportunities for Low- and Very Low- Income Persons (Section 3) must be submitted annually
by January 10. See websitc:
Race and Ethnic Data Reporting Form HUD - 27061. The Race and Ethnic Data Reporting Form must be
submitted annually by January 10.
d. Final Report
The Final Report shall summarize the applicant's plans, execution of the plans, achievements noted, and
lessons learned. The Report need not be lengthy, but should be of a quality and detail to provide a
freestanding description to any outside reader of all of the applicant's work and achievements under the
grant Specific and detailed guidance on preparing the forms and the narratives may be obtained from the
GTR identified on Form HUD -1044. See Article 10, "Closeout' and Policy Guidance Number PGI
2012 -05, "Closeout Procedures for OH HLHC Grantees."
40. Publications and News Releases
The results of work conducted under the award may be made available to the public through
dedication, assignment by HUD, or other means, as HUD shall deterrnine. All interim and final
reports and any other specified deliverables shall be owned by the government and held for the
benefit of the public which shall include the Grantee and the Grantee's sub - recipients.
Interim and final reports (need to confirm that this includes the required scientific manuscript) may
not be published by the recipient or any sub- recipients participating in the work for a period of sixty
days (60) after acceptance of the deliverables by the GTR.
All deliverables, or any part thereof, and any independent products and special products arising from
this award, when published by the recipient or other participants in the work shall contain the
following acknowledgment and disclaimer:
"The work that provided the basis for this publication was supported by funding under an award
with the U.S. Department of Housing and Urban Development. The substance and findings of the
work are dedicated to the public. The author and publisher are solely responsible for the accuracy
of the statements and interpretations contained in this publication. Such interpretations do not
necessarily reflect the views of the Government."
25
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
Copies of all press releases, formal announcements, and other planned, written issuances containing
news or information concerning work products or activities of this award that may be made by the
recipient or its staff, or any sub - recipient or other person or organization participating in the work of
the award, shall, whenever possible, be provided to the GTR for review and comment at least two
weeks before the planned release but in no event, later than coincidental with release.
41. Release of Funds and Environmental Certification
Award of a FY2017 OLIICI If I grant does not constitute approval of specific sites where activities that are
subject to environmental review may be carried out. Recipients conducting eligible construction,
rehabilitation, repair, weatherizalion or related hazard remediation work must comply with 24 CFR Part
58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.
Recipients that are States, units of general local government or Native American Tribes must carry out
environmental review responsibilities as responsible entities, defined under Part 58. Recipients that are
not- for - profit firms, educational or for-profit institutions must contact and partner with the responsible
entity, usually the unit of general local government or Native American Tribe of the target area(s), to
assume the environmental review responsibilities. Should Ore responsible entity objects to performing the
environmental review, or the non - governmental recipient is unable to identify a responsible entity with
whom they can partner to perform the environmental review, HUD may designate another responsible
entity to perform the review or may perform the environmental review itself under the provision of 24
CFR Part 50. When HUD performs the review itself, following grant award execution, HUD will be
responsible for ensuring that any necessary environmental reviews are completed.
Originals
Copies:
Karen M. Griego
(HUD Address on the HUD -1044)
Program Environmental Clearance Officer
Attn: GTR on the HUD -1044
Office of Lead Hazard Control and Healthy Homes
U.S. Department of Housing and Urban Development
500 Gold Avenue SW, Ste, 7301
Albuquerque, NM 87102
Tel. (505) 346 -6462
Fax (815) 572 -0033
Karen.M.GriegoCahud.gov
HUD will not make additional payments from the amount awarded to a Grantee for lead hazard
evaluation or control until the Grantee's contractors and workers are qualified for the activities according
to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement
workers, or sampling technicians, or others having been trained in a HUD - approved course in lead -safe
work practices).
Any additional funds requested by the Grantee shall be requested in accordance with Article 17,
"Estimated Cost and Payment - Line of Credit Control System (LOCCS).
26
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
42. Review of Deliverables
Deliverables include, but are not limited to
a. All interim and final reports;
b. Survey instruments required by the Management and Work Plan, if applicable;
c. Other physical materials and products produced directly under the Management and Work Plan of
this grant, if applicable;
d. Match, in -kind and leverage commitments, if applicable
The GTR shall be responsible for HUD review, receipt of corrections from the Grantee, and acceptance of
the operational deliverables, above, of this grant. Such review(s) shall be carried out promptly by the
GTR, so as not to impede the work of the Grantee. Acceptance of the deliverable(s) shall be issued in
writing by the GTR, with comments and /or required corrections, within thirty (30) days of the dale of the
GTR's receipt of such product from the Grantee. The Grantee shall carry out the required corrections, if
any, provided by the GTR and shall promptly return a revised copy of the product to the GTR. The basis
for acceptance shall be the Grantee's good faith efforts to complete the deliverables of this grant. The
GTR's review, correction, and acceptance of narrative deliverables shall be limited to: (1) corrections of
emissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials; and (3)
improvements in style readability.
43. Sanctions
Failure to comply with the Federal statutes; regulations, including 2 CFR Part 200; or the requirements
established in the award and these provisions, including failure to submit reports on time and in
accordance with the requirements contained in these provisions, may result in the GTR/Grant Officer
taking action to limit access to program funds. Actions by the GTR/Grant Officer may include, but are not
limited to: requiring that reports and financial statements be submitted to the GTR /Grant Officer for
approval before drawing down any funds; suspending the ability to incur costs or draw funds; and /or
suspending or terminating the Grant /Cooperative Agreement for non- performance as defined in Article
46, Suspension and Termination (For Cause). HUD may take enforcement action under 2 CFR §200.338,
as applicable.
44. Scope of Services
The Grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as
otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of
the work set forth in the Grantee's original /revised application under this NOFA as well as the subsequent
Statement of Work / Management and Work Plan and Benchmark schedule.
27
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
45. Special Conditions
Special Conditions to this award are listed on the form HUD -1044 Continuation Sheets.
46. Suspension and Termination (For Cause)
The Grant Officer may, on reasonable notice to the Grantee and/or Subgrantee, temporarily suspend 0te
award and withhold further payments pending corrective action by the Grantee and/or Subgnantec. The
award may be terminated in whole or in part before the end of the performance period for cause when the
Grantee and /or Subgrantee has failed to comply with the terms, conditions, standards, or provisions of
this award. The award may be terminated for convenience when both parties agree that the continuation
of the award would not produce beneficial results. Action will betaken in accordance with 2 CFA
§200.338 — §200.342.
Effects of Suspension and Termination
Costs of Grantee or Subgrantee resulting from obligations incurred by the Grantee or Subgrantee during a
suspension or after termination of an award are not allowable unless HUD expressly authorizes them in
the notice of suspension or termination or subsequently. Other Grantee or Subgrantee costs during
suspension or after termination which are necessary and not reasonably avoidable are allowable if.
• The costs result from obligations which were properly incurred by the Grantee or Subgrantw
before the effective date of suspension or tcmrination, are not in anticipation of it, and, in the case
of a termination, are non - cancellable, and;
• The costs would be allowable if the award were not suspended or expired normally at the end of
the funding period in which the termination takes effect.
• Relationship to debarment and suspension: The enforcement remedies identified in this
section, including suspension and termination, do not preclude Grantee or Subgrantee from being
subject to "Debarment and Suspension' under Executive Orders 12549 and 12689, CFR Part 180
as outlined in CFR §200.338.
ATTACHMENT: LIST OF ACTIONS DUE
Action
Due Date (Deliverables may be
provided earlier'
Management and Work plan, written policies
60 days after effective date of grant /cooperative
and procedures, benchmarks and revised budget
agreement
with a breakdown of the match
Request for Release of Funds and Certification
90 days after effective date
Institutional Review Board approval (if
120 days after effective date
applicable) /Approval of Request for Release of
Funds and Certification
Grant work/deliverables
As per benchmarks following Institutional
Review Board approval /Approval of Request
for Release of Funds and Certification
28
Terms and Conditions for FY 2017 Grants and Cooperative Agreements
Quarterly Progress Reports with a separate
30 days after quarter ends, i.e.: January 30,
attached document illustrating match status and
April 30, July 30, October 30
a current SF-424
FFATA Sub -Award Reporting System
I By the end of the month following the month in
which the Grantee awards a subgrant greater
than m equal to $25,000
Economic Opportunities for Low- and Very
January 10 annually
Low - Income Persons (Section 3)
Race and Ethnic Data Reporting
January 10 annual)
Annual Audit
Annually base on the Grantee's fiscal year
Deliverables
In accordance with benchmark schedule
90 -day letter confirms all elements outlined in
Due prior to the end of the period of
the grant or cooperative agreement have been
performance
met.
Final Report (Grant Award) and
90 days a(lcr the end of the period of
Research Paper or Publication (Cooperative
performance
Agreements).
29
Appropriation Codes for Cit of Roanoke - Lead Safe Roanoke
2017 HU LBP Grant
Special Revenue Fund
Appropriations
Revenues
Lead Hazard Control Grant FY18 2,719,660 100,000 2,819,660
Lead Hazard Control Grant FY18
- Local City Match 100,000
2.819.660
Federal Grant
Local Match
Total
Regular Employee Salary
-1002
444,163
71,942
516,105
City Retirement
-1105
72,903
11,808
84,711
401H Health Savings
-1117
1,901
308
2,209
FICA
-1120
30,626
4,961
35,587
Medical Insurance
-1125
59,451
9,629
69,080
Dental Insurance
-1126
2,300
373
2,673
Life Insurance
-1130
5,558
900
6,458
Disability Insurance
-1131
485
79
564
Training
-2044
21,950
21,950
Travel
-8052
26,738
26,738
Supplies
-8055
16,600
16,600
Relocation
-8254
71,960
71,960
Lead Testing and Clearance
-8255
122,750
122,750
LHC Single Family Units
-8256
972,650
972,650
LHC Rental Units
-8257
625,275
625,275
Blood Screenings
-8260
4,500
4,500
Other Direct Costs
-8258
14,725
14,725
Healthy Homes Units
-8259
225,125
225,125
Revenues
Lead Hazard Control Grant FY18 2,719,660 100,000 2,819,660
Lead Hazard Control Grant FY18
- Local City Match 100,000
2.819.660
IN THE COUNCIL OF 11 11: CITY OI' ROANOKE;, VIRGINIA
The 18th day of December, 201.7.
No. 41020- 121817.
AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's
Development Opportunity Fund Performance Agreement (the "Performance Agreement ") among
the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of
Roanoke, Virginia (the "FDA "), and PowerSchool Group LLC, a Delaware limited liability
company, authorized to transact business in the Commonwealth of Virginia ( "PowerSchool "),
that provides for a grant in the amount of $250,000 subject to certain undertakings and
obligations by the parties in connection with making capital investments consisting of building
up -fit and tenant improvements to existing offices located at 110 Franklin Road, S. E., Roanoke,
Virginia (the "Facility "); authorizing the City Manager to accept the COF Grant, defined below,
and to take such actions and execute such documents as may be necessary to provide for the
implementation, administration, and enforcement of the Performance Agreement; and dispensing
with the second reading of this Ordinance by title.
WHEREAS, the City has been awarded a grant of and expects to receive $250,000 from
the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia
Economic Development Partnership Authority (the "VEDP ") for the purpose of inducing
PowerSchool to make capital investments in the Facility and to hire new employees, as set forth
in the City Council Agenda Report dated December 18, 2017 (the "Agenda Report");
WHEREAS, the Performance Agreement requires the City to provide Local Incentives to
PowerSchool in an amount at least equal to the amount of the COF Grant, all as more
particularly set forth in the Agenda Report;
Ord iuhr e Authorizing COF Perrom,nnee Agreement (1218.17) doc
WIIHWAS, PowerSchool has requested an economic development grant through the
VFsDP to assist with the cost of making capital investments at the Facility (the "Project');
WI IIRI?AS, pursuant to the Performance Agreement, the City is required to disburse the
proceeds of the COP Grant to PowerSchool, subject to PowerSchool's promises and
wmmitments to meet certain undertakings and obligations;
WIIERGAS, City staff has advised Council that the Project will benefit economic
devdopment within the City and the Roanoke Region, and the Project will provide additional tax
revenue and services to benefit the citizens of the City and the Roanoke Region; and
WIIFRFAS, the City and the EDA wish to encourage PowerSchooi to complete the
Project in order to enhance and promote economic development within the City and the Roanoke
Region.
'rl ]EREFORE, BF IT ORDAINED by the Council of the City of Roanoke as follows:
City Council hereby approves the terms of the Performance Agreement among the
City, the EDA, mid PowerSchool, as set forth in the attachment to the Agenda Report, which
provides for certain undertakings and obligations by PowerSchool, as well as certain
undertakings by the City and the EDA. City Council further finds that the 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.
2. The City Manager is hereby authorized on behalf of the City to accept the COF
Grant and execute the Performance Agreement among the City, the EDA, and PowerSchool,
upon certain terms and conditions as set forth in the Agenda Report. The Performance
Agreement shall be substantially similar to the one attached to such Agenda Report and in a form
0M,no ,ce M Wn,,, COF Performance A,,., m (12.18.19),&o 2
approved by the City Attorney. Such Performance Agreement will also be subject to the approval
of the PDA.
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 the Performance Agreement, including, without limitation, requesting and
receiving the proceeds of the COP Grant from the VFDP. Such other documents shall be in a
form approved by the City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Ordinance AWI,M ,COFPerrormnnce Agreement(12. 18 .1)) doe 3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th dny ,f December, 2017.
No. 41021 - 121817.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
through the Virginia Economic Development Partnership Authority for a Development
Opportunity Fund Grant, amending and reordaining certain sections of the 2017 -2018
Capital Projects and Grant Funds 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 2017 -2018 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Projects Fund
Appropriations
Transfer to Grant Fund
Fund Balance
Economic and Community Development
Reserve - Unappropriated
Grant Fund
Appropriations
Performance Agreement
Revenues
VEDP COF PowerSchool FY18 - State
VEDP COF PowerSchool FY18 - Local
08- 250 -9310 -9535 125,000
08 -3365 (125,000)
35- 310 - 8177 -9980 425,000
35- 310 - 8177 -8177 300,000
35- 310 - 8177 -8178 125,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE
# N.�City Clerk.
Meeting: December 18, 2017
Subject: Commonwealth's Development Opportunity Fund Performance
Agreement among the City of Roanoke, Economic Development
Authority of the City of Roanoke, Virginia, and PowerSchool
Group LLC for the improvement and equipping of offices
located at 110 Franklin Road, S. E., Roanoke, Virginia
Background:
The Commonwealth of Virginia through the Virginia Economic Development
Partnership Authority (VEDP) has awarded a Commonwealth's Development
Opportunity Fund grant of $250,000 (COF Grant) to the City of Roanoke for the
purpose of inducing PowerSchool Group LLC, a Delaware limited liability
company authorized to transact business in the Commonwealth of Virginia
(PowerSchool), to make capital investments consisting of building up -fit and
tenant improvements to existing offices located at 110 Franklin Road, S. E.,
Roanoke, Virginia, (Facility) and to hire new employees. The COF Grant requires
an equal matching amount that will be provided by the City ($125,000) and the
Economic Development Authority of the City of Roanoke, Virginia (EDA)
($125,000). The COF Grant and the local matching funds are subject to certain
performance requirements. These requirements are included in the attached
proposed Commonwealth's Development Opportunity Fund Performance
Agreement (Agreement) among the City, EDA, and PowerSchool.
Considerations:
The COF Grant will be disbursed by VEDP to the City by no later than December
31, 2017. The City will transfer funds to the EDA and the EDA will make two
payments to PowerSchool as follows:
First Payment: PowerSchool will provide notice and evidence reasonably
satisfactory to the City, EDA, and VEDP that it has (1) created and maintained at
least 45 New Jobs, (2) received a Certificate of Occupancy for the Facility, and
(3) made Capital Investments for furniture, fixtures, and equipment of at least
$800,000. Such evidence will be subject to verification by the City and VEDP.
Within 30 days of the verification, the City will disburse $125,000 of the COF
Grant proceeds and an additional $62,500 to the EDA. Within 30 days of its
receipt of such COF Grant proceeds and City funds, the EDA will disburse such
COF Grant proceeds of $125,000 and an additional $125,000 of the match
funds to PowerSchool.
Second Payment: PowerSchool will provide notice and evidence reasonably
satisfactory to the City, EDA, and VEDP that it has (1) created and maintained at
least an additional 51 New Jobs and it has continued to maintain the 45 New
Jobs referenced in the First Payment (for an aggregate of 96 New Jobs), and (2)
made additional Capital Investments of at least $985,000 (for an aggregate of
$1,785,000 of Capital Investments). Such evidence will be subject to
verification by the City and VEDP. Within 30 days of the verification, the City
will disburse $125,000 of the COF Grant proceeds and an additional $62,500 to
the EDA. Within 30 days of its receipt of such COF Grant proceeds and City
funds, the EDA will disburse the COF grant proceeds of $125,000 and an
additional $125,000 of the match funds to PowerSchool.
Pursuant to the terms of the Agreement, PowerSchool must satisfy its
performance obligations by December 31, 2020, unless an extension is
approved by VEDP as provided in the Agreement. In the event that PowerSchool
does not satisfy the COF Grant requirements and no payments are made to
PowerSchool, the City will return the full amount of the COF Grant to VEDP. If
some, but not all the requirements are satisfied, the City will return a portion of
the COF grant proceeds to VEDP as provided in the Agreement.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to accept the COF
Grant, and execute an agreement substantially similar to the Agreement
attached to this Agenda Report, and execute such other documents and to take
such further actions as may be necessary to implement, administer, and enforce
such agreement. All documents are subject to approval as to form by the City
Attorney.
Adopt the accompanying Budget Ordinance to establish a revenue estimate to
receive the $250,000 COF Grant, appropriate $125,000 of matching funds from
the Economic and Community Development Reserve, and establish a
corresponding expenditure account for transfer of the funds to the EDA
pursuant to the terms of the Agreement.
-�Z ------------
Robert S. Cowell, Jr.
City Manager
Attachments
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director, Department of Finance
Wayne Bowers, Director of Economic Development
COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND
AND
CITY OF ROANOKE LOCAL GRANT
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this day of December,
2017, by and among the CITY OF ROANOKE, VIRGINIA (the "Locality ") a municipal
corporation of the Commonwealth of Virginia (the "Commonwealth "), POWERSCHOOL
GROUP LLC (the "Company "), a Delaware limited liability company authorized to transact
business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF ROANOKE, VIRGINIA (the "Authority "), a political subdivision of the
Commonwealth.
WITNESSETH:
WHEREAS, the Locality has been awarded a grant of and expects to receive $250,000
from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the
Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing
the Company to move its operations in the Locality to a new location, thereby improving,
equipping and operating an office and service delivery facility in the Locality (the "Facility"),
and thereby making a significant Capital Investment, and creating and Maintaining a significant
number of New Jobs, as such capitalized terms are hereinafter defined;
WHEREAS, the Locality and the Authority have determined to make a second grant in
the amount of $250,000 (the "Local Grant ") as additional inducement for the Company to move
its operations in the Locality to a new location, thereby improving, equipping and operating an
office and service delivery facility to be located in an existing building in the Locality (the
"Facility "), thereby making a significant Capital Investment, and creating and Maintaining a
significant number of New Jobs, as such capitalized terms are hereinafter defined;
WHEREAS, the Locality is willing to provide the COF Grant and one -half of the Local
Grant to the Authority with the expectation that the Authority will match the Locality's one -half
of the Local Grant and provide the COF Grant and the Local grant (the "Grants ") to or for the
use of the Company, provided that the Company promises to meet certain criteria relating to
Capital Investment and New Jobs;
WHEREAS, the Locality, the Authority and the Company desire to set forth their
understanding and agreement as to the payout of the Grants the use of the proceeds of the
Grants, the obligations of the Company regarding Capital Investment and New Jobs, and the
repayment by the Company of all or part of the Grants under certain circumstances;
WHEREAS, the improvement, equipping and operation of the Facility will entail a
capital expenditure by or on behalf of the Company of approximately $1,785,000, of which
approximately $810,000 will be invested in furniture, fixtures and equipment, and
approximately $975,000 will be invested in the renovation and up -fit of the Facility;
P,16111,1111( 01 Pf I -,, V,,o-m 1121117
WHEREAS, the improvement, equipping and operation of the Facility will further entail
the creation and Maintenance of 96 New lobs at the Facility; and
WHEREAS, the stimulation of the additional tax revenue and economic activity to be
generated by the Capital Investment and New Jobs constitutes a valid public purpose for the
expenditure of public funds and is the animating purpose for each of the Grants:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions
For the purposes of this Agreement, the following terms shall have the following
definitions:
"Capital Investment" means a capital expenditure by or on behalf of the Company in
taxable real property, taxable tangible personal property, or both, at the Facility. The Capital
Investment must be in addition to the capital improvements at the Facility as of September 1,
2017. A capital expenditure related to a leasehold interest in real property will be considered to
be made "on behalf of the Company" if a lease between a developer and the Company is a
capital lease, or is an operating lease having a term of at least ten years, and the improvements
to the Facility would not have been constructed or improved but for the Company's interest in
leasing some or all of the real property. The parties agree that a seven (7) year lease term with
the option to renew for an additional five (5) years fulfills the ten (10) year operating lease
requirement. Only the capital expenditures allocated to the Facility will count as "Capital
Investment." The purchase or lease of furniture, fixtures, machinery and equipment, including
under an operating lease, and expected building up -fit and tenant improvements by or on behalf
of the Company will qualify as Capital Investment.
"Maintain" means that the New Jobs will continue without interruption from the date of
creation through the Performance Date. Positions for the New Jobs will be treated as
Maintained during periods no longer than six (6) months in which such positions are not filled
due to (i) temporary reductions in the Company's employment levels (so long as there is active
recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages.
"New Job" means new permanent full -time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by the Company for the employee,
and for which the Company pays an average annual wage of at least $68,116. The average
annual wage of at least $68,116 will be the average of the combined New Jobs plus the existing
full -time positions to be transferred to the Facility. Each New Job must require a minimum of
either (i) 35 hours of an employee's time per week for the entire normal year of the Company's
operations, which "normal year' must consist of at least 48 weeks, or (it) 1,680 hours per year.
Seasonal or temporary positions, positions created when a job function is shifted from an
P 1116,1111 CU1 .%,,n1 121417
existing location in the Commonwealth, and positions with construction contractors, vendors,
suppliers and similar multiplier or spin -off jobs shall not qualify as New Jobs. The New Jobs
must be in addition to the eighty -three (83) full -time jobs as of September 1, 2017, to be moved
from the Company's existing location in the Locality to the Facility.
"Performance Date" means December 31, 2020. If the Locality, in consultation with the
Authority and VEDP, deems that good faith and reasonable efforts have been made and are
being made by the Company to achieve the Targets, the Locality may request an extension of
the Performance Date by up to 15 months. Any extension of the Performance Date shall require
the prior approval of the Board of Directors of VEDP. If the Performance Date is extended, the
Locality shall send written notice of the extension to the Authority, the Company and VEDP
and the date to which the Performance Date has been extended shall be the "Performance Date"
for the purposes of this Agreement.
"Targets" means the Company's obligations to make Capital Investments at the Facility
of at least $1,785,000 and to create and Maintain at least 96 New Jobs at the Facility, all as of
the Performance Date.
"Virginia Code" means the Code of Virginia of 1950, as amended.
Section 2. Targets: Statutory Criteria
(a) Targets: The Company will improve, equip and operate the Facility in the
Locality, make a Capital Investment of at least $1,785,000, and create and Maintain at least 96
New Jobs at the Facility, all as of the performance Date.
(b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The
Locality and the Authority hereby strongly encourage the Company to ensure that at least 30%
of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code
Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in
Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained
a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not.
(c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage
of the New Jobs of at least $68,116 is more than the prevailing average annual wage in the
Locality of $45,357. The Locality is a high - unemployment locality, with an unemployment rate
for 2016, which is the last year for which such data is available, of 4.3% as compared to the 2016
statewide unemployment rate of 4.0 %. The Locality is a high - poverty locality, with a poverty
rate for 2015, which is the last year for which such data is available, of 21.3% as compared to the
2015 statewide poverty rate of 11.2%.
(d) Disclosure of Political Contributions: The Company acknowledges that the
name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign
committee or political action committee associated with the Governor. The Company
acknowledges that within 18 months of the date of this Performance Agreement, the Governor,
his campaign committee, and his political action committee will submit to the Virginia Conflict
Po— S,hoolCOI Pvrart-nnG'.lgacmcvv 121417
of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with
a value greater than $100 provided by the Company to the Governor, his campaign committee, or
his political action committee, respectively, during the period from the date of the Company's
application for the COF Grant through the one -year period immediately after the date of this
Agreement.
Section 3. Disbursement of COF Grant.
(a) Disbursement of the COF Grant:
By no later than December 31, 2017, the Locality will request the disbursement to it of
the COF Grant. If not so requested by the Locality by December 31, 2017, this Agreement will
terminate. The Locality and the Company will be entitled to reapply for a COF Grant
thereafter, based upon the terms, conditions and availability of funds at that time.
The disbursement of the COF Grant proceeds to the Company will serve as an
inducement to the Company to achieve the Targets at the Facility. The COF Grant proceeds
shall be retained by the Locality and shall be disbursed in two payments as follows:
First Payment: The Company will provide notice and evidence
reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1)
created and maintained at least 45 New Jobs, (2) received a Certificate of
Occupancy for the Facility, and (3) made Capital Investments for furniture,
fixtures and equipment of at least $800,000. Such evidence will be subject to
verification by the Locality and VEDP. Within 30 days of the verification, the
Locality will disburse $125,000 of the COF Grant proceeds to the Authority.
Within 30 days of its receipt of such COF Grant proceeds, the Authority will
disburse such COF Grant proceeds to the Company.
Second Payment The Company will provide notice and evidence
reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1)
created and maintained at least an additional 51 New Jobs and it has continued to
maintain the 45 New Jobs described in the foregoing section (for an aggregate of
96 New Jobs), and (2) made additional Capital Investments of at least $985,000
(for an aggregate of $1,785,000 of Capital Investments). Such evidence will be
subject to verification by the Locality and VEDP. Within 30 days of the
verification, the Locality will disburse $125,000 of the COF Grant proceeds to
the Authority. Within 30 days of its receipt of such COF Grant proceeds, the
Authority will disburse such COF Grant proceeds to the Company.
If any COF Grant proceeds have not been disbursed to the Company within 90 days
after the Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the
Commonwealth's Development Opportunity Fund.
PovIchool eoR K,fu,me .%,, menv 121417
(b) Use of the COF Grant Proceeds: The Company will use the COT Grant
proceeds to pay or reimburse the costs of the up -fit of the Facility and training for now
employees, all as permitted by Section 2.2- 115(D) of the Virginia Code.
Section 4. Disbursement of Local Grant.
(a) Disbursement of the Local Grant,
The disbursement of the Local Grant proceeds to the Company will serve as a further
inducement to the Company to achieve the Targets at the Facility. The Local Grant proceeds
shall be provided by the Locality to the Authority, and shall be disbursed in two payments as
follows:
First Payment: The Company will provide notice and evidence
reasonably satisfactory to the Locality, the Authority, and VEEP that it has (1)
created and maintained at least 45 New Jobs, (2) received a Certificate of
Occupancy for the Facility, and (3) made Capital Investments for furniture,
fixtures and equipment of at least $800,000. Such evidence will be subject to
verification by the Locality, Authority, and VEDP. Within 30 days of the
verification, the Locality will disburse $62,500 to the Authority. Within 30 days
of its receipt of such funds from the Locality, the Authority will disburse
$125,000 to the Company. It is intended that the Local Grant First Payment will
be disbursed at the same time as the COF Grant First Payment. For this First
Payment, the obligations of the Authority shall be limited to the amount received
from the Locality plus $62,500 in Authority funds.
Second Payment: The Company will provide notice and evidence
reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1)
created and maintained at least an additional 51 New Jobs and that it has
maintained the 45 Jobs described in the foregoing section (for an aggregate of 96
New Jobs), and (2) made additional Capital Investments of at least $985,000 (for
an aggregate of $1,785,000 of Capital Investments). Such evidence will be
subject to verification by the Locality, Authority, and VEDP. Within 30 days of
the verification, the Locality will disburse $62,500 to the Authority. Within 30
days of its receipt of the Locality funds, the Authority will disburse $125,000 to
the Company. It is intended that the Local Grant Second Payment will be
disbursed at the same time as the COT Grant Second Payment. For this Second
Payment, the obligations of the Authority shall be limited to the amount received
from the Locality plus $62,500 in Authority funds.
Note: The Capital Investment amounts and New Jobs (and Maintenance
thereof) refer to the same Capital Investment amounts and New Jobs (and
Maintenance thereof) set forth in the COT Grant requirements referenced in this
Agreement.
Prn,.3choal l of 121417
(b) Use of the Local Grant Proceeds: The Company will use the Local Grant
proceeds to pay or reimburse the costs of the up -fit of the Facility and training for new
employees.
Section 5. Break -Even Point; State and Local Incentives.
(a) State -Level Incentives: VEDP has estimated that the Commonwealth will reach
its "break -even point" by the Performance Date. The break -even point compares new revenues
realized as a result of the Capital Investment and New Jobs at the Facility with the
Commonwealth's expenditures on incentives, including but not limited to the COP Grant. With
regard to the Facility, the Commonwealth expects to provide incentives in the following
amounts:
Cateeory of Incentive: Total Amount
COF Grant $250,000
Virginia Jobs Investment Program ( "VJIP ") (Estimated) 76,800
Enterprise Zone Real Property Investment Grant ( "EZRPIG ") 100,000
(Estimated)
Enterprise Zone Job Creation Grant ( "EZJCG ") (Estimated) 368,000
The proceeds of the COE Grant shall be used for the purposes described in Section 3(b).
The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for
recruitment and training costs. The proceeds of the EZRPIG and the EZJCG may be used by
the Company for any lawful purpose.
(b) Locality -Level Incentives: The Locality expects to provide the following
incentives, as matching grants or otherwise, for the Facility:
Category of Incentive: Total Amount
Local Grant $250,000
Building Permit Fee Rebate (Estimated) 5,000
If, by the Performance Date, the funds disbursed or committed to be disbursed by the
Locality to the Company total less than the $250,000 COT Grant local match requirement, the
Locality, subject to appropriation, will make an additional grant to the Company of the
difference at the Performance Date, so long as the Company has met its Targets.
The proceeds of the Local Grant shall be used for the purposes described in Section 4(b).
The proceeds of the Building Permit Fee Rebate will reflect cost savings to the Company. The
rebate will be made under the terms of the Locality's Enterprise Zone One A Building Permit
Fee Rebate Program.
Pmcv&F G(A P,d ... ..macr \gmcmmv 121417
(c) Other Incentives: The qualification for, and payment of, VJIP, the EZRPIG, the
EZJCG, and the Building Permit Fee Rebate will not be governed by this Agreement, but by
separate arrangements between the Company acrd entity offering the other incentives.
Section 6. Repayment Obligation.
(a) If Statutory Minimum Eligibility Requirements are Not Met Section 2.2-115 of
the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000
in the Facility and create and Maintain at least 15 New Jobs at the Facility in order to be eligible
for the COF Grant. Failure by the Company to meet either of these statutory minimum
eligibility requirements by the Performance Date shall constitute a breach of this Agreement
and the Company must repay to the Authority all of the proceeds of the Grants previously
disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant
proceeds not previously disbursed to the Company.
(b) Allocation of COF Grant and Local Grant Proceeds: For purposes of repayment
under subsection (c), the COF Grant and Local Grant are each to be allocated as 50% (up to
$125,000 each) for the Company's Capital Investment Target, and 50% (up to 5125,000 each)
for the Company's New Jobs Target.
(c) If Statutory Minimum Eligibility Requirements are Met: The provisions of this
subsection (c) shall become applicable only if the Company has met the statutory minimum
eligibility requirements set forth in subsection (a). If the Company has met at least ninety
percent (90 %) of both of the Targets at the Performance Date, then and thereafter the Company
is no longer obligated to repay any portion the COF Grant or the Local Grant. If the Company
has not met at least ninety percent (90 %) of either or both of its Targets as of the Performance
Date, the Company shall repay to the Authority that part of the COF Grant and the Local Grant
previously disbursed to the Company that is proportional to the Target or Targets for which
there is a shortfall. For example, if as of the Performance Date, the Company has received all
$250,000 of the COF Grant proceeds and all $250,000 of the Local Grant proceeds, but the
Capital Investment is only $1,500,000, or 84% of the Capital Investment Target, and only 48
New Jobs have been created and Maintained, or 50% of the New Jobs Target, the Company
shall repay to the Authority 16% of the COT Grant proceeds that it received allocated to the
Capital Investment Target or $20,000, and 16% of the Local Grant proceeds that it received
allocated to the Capital Investment Target or $20,000, as well as 50% of the COF Grant
proceeds that it received allocated to the New Jobs Target or $62,500 and 50% of the Local
Grant proceeds that it received allocated to the New Jobs Target or $62,500. In any such event,
the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the
Company.
(d) Determination of Inability to Comply. If the Locality or VEDP shall determine
at any time prior to the Performance Date (a "Determination Date ") that the Company is unable
or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the
Locality, the Authority or VEDP shall have promptly notified the Company of such
determination, the Company must repay to the Authority all of the proceeds of the Grants
previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the
P,-. eFool (0I IAduvnmm dgee.muu 1'1417
COF Grant proceeds not previously disbursed to the Authority for the Company. Such a
determination will be based on such circumstances as a filing by or on behalf of the Company
under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment
of the Facility by the Company or other similar significant event that demonstrates that the
Company will be unable or is unwilling to satisfy the Targets for the Grants.
(e) Repayment Dates: Such repayments shall be due from the Company to the
Authority within ninety days of the Performance Date or the Determination Date, as
applicable. Any COF Grant moneys repaid by the Company to the Authority hereunder shall be
repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP
for redeposit into the Commonwealth's Development Opportunity Fund. The Locality and the
Authority shall use their best efforts to recover such funds, including legal action for breach of
this Agreement. Neither the Locality nor the Authority shall have any responsibility for the
repayment of any sums payable by the Company hereunder unless said sums have been received
by the Authority from the Company.
Section 7. Company Reporting.
The Company shall provide, at the Company's expense, detailed verification reasonably
satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets.
Such progress reports will be provided annually, starting at April 1, 2018 and covering the
period through the prior December 31. Further, the Company shall provide such progress
reports at such other times as the Locality, the Authority or VEDP may reasonably require. If
the Company wishes to count as Capital Investments the capital expenditures made on its behalf
by a lessor or a developer of the Facility, the Company is responsible for assembling and
distributing the documentation necessary to verify the capital expenditures made on behalf of
the Company. Although not required, the report may be in the form attached hereto as Exhibit
A.
With each such progress report, the Company shall report to VEDP the amount paid by
the Company in the prior calendar year in Virginia corporate income tax or, as applicable, shall
provide to VEDP a copy of its Virginia income tax form filed with respect to its status as a pass -
through entity. VEDP has represented to the Company that it considers such information to be
confidential proprietary information that is exempt from public disclosure under the Virginia
Freedom of Information Act acrd that such information will be used by VEDP solely in
calculating aggregate return on invested capital analyses for purposes of gauging the overall
effectiveness of economic development incentives.
The Company hereby authorizes the Locality, including the Locality's Commissioner of
the Revenue and Treasurer, to release to VEDP the Company's real estate tax, business personal
property tax and machinery and tools tax information. Such information shall be marked and
considered confidential and proprietary acrd shall be used by VEDP solely for verifying
satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of
the Revenue or the Office of the Treasurer should require additional documentation or consents
from the Company to access such information, the Company shall promptly provide, at the
Company's expense, such additional documentation or consents as the Locality, the Authority
I'rnx �i5chml COI � , %,--o 121417
or VEDP may request. In accordance with Virginia Code Section 58.1- 3122.3, VEDP is
entitled to receive the Company's real estate tax, business personal property tax and machinery
and tools tax information from the Locality's Commissioner of the Revenue.
If requested by VEDP, the Company shall provide to VEDP copies of the Company's
quarterly filings with the Virginia Employment Commission covering the period from August 1,
2017 through the Performance Date. In accordance with Virginia Code Section 60.2 -114,
VEDP is entitled to receive the Company's employment level and wage information from the
Virginia Employment Commission.
Section 8. Notices.
Formal notices and communications between the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation
and confirmation of delivery, addressed as noted below. Notices and communications
personally delivered or delivered by document delivery service shall be deemed effective upon
receipt. Notices and communications mailed shall be deemed effective on the second business
day following deposit in the United States mail. Notices and communications delivered by
facsimile or email shall be deemed effective the next business day, not less than 24 hours,
following the date of transmittal and confirmation of delivery to the intended recipient. Such
written notices and communications shall be addressed to
if to the Company, to:
PowerSchool Group LLC
150 Parkshore Drive
Folsom, CA 95630
Facsimile:
Email: trena.ellis@powerschool.com
Attention: Facilities Manager
if to the Locality, to:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Avenue S.W.
Room 364
Roanoke, Virginia 24011
Facsimile: 540- 853 -1153
Email: citymgr @roanokeva.gov
Attention: City Manager
'.— S,hool rC'or Pu&1 -111 \,1,11,111121417
with a copy to:
PowerSchool Group LLC
150 Parkshore Drive
Folsom, CA 95630
Facsimile:
Email: legal @ powerSchool. com
Attention: Legal Department
with a copy to:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Avenue S.W.
Room 464
Roanoke, Virginia 24011
Facsimile: 540 -853 -1221
Email: cityatty @roanokeva.gov
Attention: City Attorney
if to the Authority, to:
Economic Development Authority of the
City of Roanoke, Virginia
117 Church Avenue
Roanoke, Virginia 24011
Facsimile: 540-853-1213
Email: econdcvl @roanokeva.gov
Attention: Chair
if to VEDP, to:
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218 -0798)
Richmond, Virginia 23219
Facsimile: 804.545.561 1
Email smoret @yesvirginia.org
Attention: President and CEO
Section 9. Miscellaneous.
with a copy to:
Economic Development Authority of the
City of Roanoke, Virginia
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Facsimile: 540- 224 -8050
Email: hdarby @glennfeldmann.com
Attention: Harwell M. Darby, Jr., Esq.
with a copy to:
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218 -0798)
Richmond, Virginia 23219
Facsimile: 804.545.561 l
Email: smcninch @yesvirginia.org
Attention: General Counsel
(a) Entire Agreement; Amendments: This Agreement constitutes the entire
agreement among the parties hereto as to the Grants and may not be amended or modified,
except in writing, signed by each of the parties hereto and consented to by VEDP. This
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns. The Company may not assign its rights and obligations
under this Agreement without the prior written consent of the Locality, the Authority and
VEDP.
(b) Governing Lawn Venue: This Agreement is made, and is intended to be
performed, in the Commonwealth and shall be construed and enforced by the laws of the
Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this
Agreement shall lie in the Circuit Court of the City of Roanoke, and such litigation shall be
brought only in such court.
(c) Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall be one and the same
instrument.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
Po—,,hool t 01, 121417
(e) Attorney's Fees: Attorney's fees shall be paid by the party incurring such fees;
provided, however, in the event of litigation under this Agreement, the prevailing party in such
litigation shall be entitled to recover its legal fees and expenses incurred in such litigation from
the party which does not prevail in such litigation
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
1'm.I'SUh -II COP III If" AA unnunl 121417
IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
CITY OF ROANOKE, VIRGINIA
By
Name: Robert S. Cowell, Jr.
Title: City Manager
Date:
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF
ROANOKE, VIRGINIA
By
Name: Allen Damon Williams
Title: Chair
Date:
POWERSCHOOL GROUP LLC
By
Name: Mark Oldemever
Title: Chief Financial Officer
Date:
Exhibit A: Suggested Form for Annual Progress Report
P,-- -drool COP Ve.Onm.nm 9gam—v 121417 �?
Exhibit A
ANNUAL PROGRESS REPORT
COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND
and
CITY OF ROANOKE LOCAL GRANT
As required by Section 7 of the Performance Agreement to which this Exhibit A is attached, the
Company is required to report annually towards its progress in meeting the Targets for making
Capital Investments and creating and Maintaining New Jobs. Please return this form to:
Kim Ellett Brandon Turner
Incentives Coordinator Economic Development Specialist
Virginia Economic Development Partnership City of Roanoke
kellett @yesvirginia.org brandon.tumer @roanokeva.gov
PROJECT SUMMARY:
Project
PowerSchool Group LLC
Location
City of Roanoke
Amount of Grant
$250,000
Performance Reporting Period
Through December 31, 20
Performance Date
December 31, 2020
PROJECT PERFORMANCE:
Performance Measurement
Target
As of 12/31/20
% Complete
New Jobs (over baseline)
96
Capital Investment (provide
breakdown below)!
S1,785,000
Average Annual Wage
$68,116
Virginia Corporate Income Tax
Paid in Prior Calendar Year}
'Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
'This confidential information is protected from disclosure pursuant to § 2.2- 3705.6 of FOIA.
P1,1 "S6,1,11 CUP P,flor— .m.A, --1 121417
Capital Investment Breakdown
Amount
New Construction or Expansion
$
Renovation / Tenant Improvements
$
Other Furniture, Fixtures and Equipment
$
COMMENTS:
(Discuss project status, including current level of New Jobs and Capital Investment, progress on
Targets, changes or likely changes in project's nature that may impact the achievement of
Targets, and other information relevant to project performance. If the project is not on track to
meet the Targets, please provide an explanation.)
Company: POWERSCHOOL GROUP LLC
Signature:
Name:
Title:
Date:
Vir+vSlh (ArItdomixoa, %,--, 121417
I
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'Telephone: (540) 853 -2541
F..: (540)853 -1145
S FPI IAN IF, M. MOON I2LVNOLDS, MMC F. --ik clerk(,)...... k,v..g., CLCLI.IA F. MCCOV
City Clerk Deputy City Clerk
CECELIA T. W LBB, CMC
A1161 -1 Deputy City Clerk
January 2, 2018
REVISED
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 41022 - 121817 appropriating funding from
Federal grants for various education at programs; and amending and reordaining certain
sections of the 2017 — 2018 School Grant Fund Appropriations.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 18 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Tun 18th day or 1lecember, 2011.
No. 41022 - 121817.
AN ORDINANCE to appropriate funding from Federal grants for various educational
programs, amending and reordaining certain sections of the 2017 -2018 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
2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Professional Development
301 - 140 - Home - 1000 - 145M - 61210 - 44313 - 9 - 08
$ (1,000)
Indirect Cost
302 - 000 - INDC - 0000 - 132M - 00000 - 62000 - 0 - 00
33,951
Personal Services
302 -110- 0000 - 0000 -132M- 61100- 41121 -3 -01
467,048
Benefits
302 -110- 0000 - 0000 -132M- 61100- 42204 -3 -0t
147,556
Materials B Supplies
302- 110 - 0000 - 0000 -132M- 61100- 46613 -2 -01
86,113
Purchased Services
302 - 170 - 0000 - 0000 - 132M - 61370 - 43381 - 9 - 01
86,750
Personal Services
302 - 110 - 0000- 0000 -138M- 61100- 41138 -9 -01
79,200
Benefits
302 - 110 -0000- 0000 -138M- 61100- 42201 -9 -01
6,059
Instructional Material
302- 110 - 0000 - 0000 - 138M - 61100 - 46630 - 9 - 01
15,195
Tutors
302 - 110 - 0000 - 0390 - 311 M - 61210 - 41121 -3-00
11,000
FICA
302 -110- 0000 - 0390 -311M- 61210- 42201 -3 -00
(7,586)
Professional Development
302- 110 - 0000 - 0390 -311M- 61210 - 43313 -3 -00
14,000
Materials /Supplies
302- 110 -0000- 0390 -311M- 61210- 46001 -3 -00
(9,000)
Tutors
302 -110 -0000- 0400 -311M- 61210- 41121 -3 -00
11,000
FICA
302 -110- 0000- 0400 -311M- 61210- 42201 -3 -00
(7,587)
Professional Development
302- 110 - 0000- 0400 -311M- 61210 - 43313 -3 -00
14,900
Malenals /Supplies
302 - 110 -0000- 0400 -311M- 61210- 46001 -3 -00
(9,000)
Professional Development
302 - 110 - 0000 - 1000 -132M- 61100 - 43313 -9 -01
54,785
Purchased Services
302 - 110 - 0000 - 1000 - 138M - 61100 - 43313 - 9 - 01
70,066
Purchased Services - Parental
Involvement
302 - 110 - PINV - 0000 - 132M - 61310 - 43381 - 9 - 01
4,600
Miscellaneous Other Charges-
Parent Involvement
302 - 110 -PINV- 0000 -132M- 63200 - 45583 -2 -01
2,000
Internal Printing - Parental
Involvement
302- 110 - PINV - 1000 -132M- 61310- 44450 -9 -01
(300)
School Coordinator Supplement
302 -140- 0000 - 0390 -311M- 61210- 41129 -3 -00
School Coordinator Supplement
302 -140- 0000 - 0400 -311M- 61210- 41129 -3 -00
250
Indirect Cost
302 - 140 -HOME- 1000 -145M- 00000 - 62000 - 9 - 08
250
(1,500)
Coordinator Salary
302 -140 -HOME- 1000 -145M- 61210 - 41138 - 9 - 08
8,000
Student Transportation
P
302- 140 -HOME- 1000 -145M- 61210- 43342 -9 -08
500
Revenues
Federal Grant Receipts 302 - 000 - 0000 - 0000 - 132M - 00000 - 38010 - 0 - 00 $ 882,503
Federal Grant Receipts 302 - 000 - 0000 - 0000 - 138M - 00000 - 38186 - 0 - 00 170,520
Federal Grant Receipts 302 -000- 0000- 0000 -145M- 00000- 38196 -0 -00 6,000
Federal Grant Receipts 302 -000- 0000- 0000 -311M- 00000 - 38334 -0 -00 17,327
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATT T: nA
� 'r
City Clerk.
OLL
WAI
ROANOKE CITY
PUBLIC SCHOOLS
December 18, 2017
school Board
Bob Cowell
Annette Lewis
Amelia Merchant
Chairman
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Mark K. Cathey
Vice Chairman
Roanoke, VA 24011
William B. Hopkins, Jr.
Dear Members of Council:
Elizabeth C. S. Jamison
Laura D. Rottenborn
As a result of official School Board action on Tuesday, December 12,
Lutherio H. Smith
2017, the Board respectfully requests that City Council approve the
Dick Willis
following appropriation requests:
Dr. Rita D. Bishop
New Appropriation Award
Superintendent
Title IV, Part A Student Support and Academic Enrichment
Cindy Poulton
2017 -18 $170,520.05
Clerk of f the Board
Revised Appropriations Additional Award
Title I, Part A Improving Basic Programs 2017 -18 $882,502.90
Title IX, Part A McKinney -Vento Homeless Assistance
Program 2017 -18 $6,000.00
GEAR UP Virginia (GUV) 2017 -18 $17,326.75
On behalf of the School Board, thank you for your consideration.
Si/nnce ^re�l`y,,`)
Cindy H. U:onl !lurk-
pc: Dan Callaghan
Rita D. Bishop
Bob Cowell
Kathleen Jackson
Amelia Merchant
Holli Salyers (w /details)
Annette Lewis
www.rcpi.mfo P: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
Meeting: December 18, 2017
Subject: School Board Appropriation Request
Background
As the result of official Roanoke City School Board action at its December 12,
2017 meeting, the Board respectfully requested that City Council appropriate
funding as outlined in this report.
The 2017 -18 Title I, Part A Improving Basic Programs grant award of $882,503
provides assistance to schools with high numbers or percentages of children
from low- income families to help ensure that all children meet challenging
academic content and achievement standards. This grant will be reimbursed by
federal funds and will end September 30, 2019. This is a continuing program.
The 2017 -18 Title IV, Part A Student Support and Academic Enrichment grant
award of $170,520 provides assistance to Roanoke City Public Schools for
improving students' academic achievement by increasing the capacity of the
school division to provide all students' with access to a well- rounded education,
improving school conditions for student learning, and enhancing the use of
technology in order to improve the academic achievement and digital literacy of
all students. This grant will be reimbursed by federal funds and will end
September 30, 2019.
The 2017 -18 Gear Up Virginia grant award of $17,327 provides a
comprehensive set of services to improve college readiness and increase
college enrollment. The project will also follow students through their first year
of college by providing mentoring and tutoring to ease their transition to
postsecondary education. This grant will be reimbursed by federal funds and
will end August 31, 2018. This is a continuing program.
The 2017 -18 Title IX, Part A McKinney -Vento Homeless Assistance grant award
of $6,000 supports the identification of, and provision of support services to,
students who are experiencing homelessness. This grant will be reimbursed by
federal funds and will end September 30, 2019. This is a continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and
adopt the attached budget ordinance to establish revenue estimates and to
appropriate funding as outlined.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Dr. Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
Amelia C. Merchant, Director of Finance
IN "I I IF COUNCIL 01' 11 IF CfIY OF ROANOKE, VIR(IINIA
The 18th day of Uec.einber, 2017.
No. 41023 - 121817.
A RESOLUTION endorsing the HARP Network of Age - Friendly Communities and the
World health Organization Global Network of Age - Friendly Cities and Communities;
authorizing the Mayor and City Manager to execute an application to join the AARP Network of'
Age - Friendly Communities and the World Ilealth Organization Global Network ol'Age- Friendly
Cities and Communities, and authorizing the Mayor and City Manager to lake such other actions
and execute such other documents in support of this application.
WIIERFAS, in 2006, the World health Organization launched its Global Network of
Age - Friendly Cities and Communities to assist communities in planning for the rapid expansion
of an aging population and the parallel demands presented by global urbanization;
WIIERFAS, AARP created the AARP Network of Age - Friendly Communities as an
affiliate of the World Health Organization Global Network of Age- Friendly Communities
(collectively, "AFC') to promote and collaborate with communities seeking to create and sustain
livable communities for people of all ages;
WHEREAS, communities that join AFC commit to actively work to make their
communities a great place in which to live for people of all ages;
WHEREAS, communities that join AFC enjoy access to a global network of
communities dedicated to the principle of promoting health and sustained economic growth for
their citizens of all ages, receive regular updates on activities and initiatives to assist in achieving
more livable communities, develop opportunities for collaborations and partnerships with other
communities, and receive mentoring and peer review from other member communities;
WI11 12ISAS, as of December 10, 201T 195 communities throughout the United States,
including four localities in the Commonwealth of Virginia, havejoined AFC; and
WHEREAS, the City of Roanoke, a seven time All America City, in collaboration with
the Local Office on Aging, Inc. and other civic and charitable organizations throughout the
Greater Roanoke Valley Region will reap heefts from participation in AFC in promoting
Roanoke and the Greater Roarl Valley Region as a great place to live, work, grow, and play
for people of all ages.
'fl IERFFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that
L City Council endorses the principles and objectives of AFC in creating,
promoting, and sustaining livable communities for people of all ages.
2. The Mayor and the City Manager are authorized to execute the application to join
AARP Network of Age - Friendly Communities and the World Health Organization Global
Network of Age- Friendly Cities and Communities.
3. The Mayor and the City Manager are authorized to execute such other documents,
in a form approved by the City Attorney, and take such other actions deemed necessary in
connection with the submission of the application to join AARP Network of Age - Friendly
Communities and the World Health Organization Global Network of Age - Friendly Cities and
Communities.
ATTEST:
City Clerk.
January 2, 2018
REVISED
Ben Crew
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
I am enclosing copy of Ordinance No. 41024 - 121817 rezoning property located at 536
Orange Avenue, N. E., bearing Official Tax Map No. 3020203; 0 (zero) Orange Avenue,
N. E., bearing Official Tax Map No. 3020207; 0 (zero) Williamson Road, N. E., bearing
Official Tax Map No. 3020209; 0 (zero) Short Street, N. W., bearing Official Tax Map
No. 3070909; and 0 (zero) Louisiana Avenue, N. E., bearing Official Tax Map Nos.
3041712, 3041713, 3041714 and 3042223, from CG, Commercial - General District, to
MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition,
and CG, Commercial General District, subject to certain conditions.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 18 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely,
P11b"w��' tWti 'J
Stephanie M. Moon Reynolds, C
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chureh Avenue, S. W., Room 456
Roanoke, Virginia 24011 -15 36
'I (540)x9 -2541
IQia: (5411)X53 -1145
S'I'UPIIANIF M.MOON I(RYNOI DS, 01X(' P: nmil: elcrkprronnokevn ' qnv
('1X F1AALM('('OY
('A,('lerk
Deputy('iq,('Ierk
('ECELIA'1'. WEDD, ('MC'
A%sielant Deputy Oty Clerk
January 2, 2018
REVISED
Ben Crew
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
I am enclosing copy of Ordinance No. 41024 - 121817 rezoning property located at 536
Orange Avenue, N. E., bearing Official Tax Map No. 3020203; 0 (zero) Orange Avenue,
N. E., bearing Official Tax Map No. 3020207; 0 (zero) Williamson Road, N. E., bearing
Official Tax Map No. 3020209; 0 (zero) Short Street, N. W., bearing Official Tax Map
No. 3070909; and 0 (zero) Louisiana Avenue, N. E., bearing Official Tax Map Nos.
3041712, 3041713, 3041714 and 3042223, from CG, Commercial - General District, to
MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition,
and CG, Commercial General District, subject to certain conditions.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 18 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely,
P11b"w��' tWti 'J
Stephanie M. Moon Reynolds, C
City Clerk
Ben Crew
December 19, 2017
Page 2
PC: Star City Lodging,LLC, c/o Damini Patel, 815 Gainsboro Road, N. W., Roanoke,
Virginia 24016
TAMERALLC, 5700 6th Avenue, Altoona, Pennsylvania 16602
New River Gulf Investments, P. O. Box 621, Pulaski, Virginia 24301
JMEM, LLC, 3129 Garden City Boulevard, S.E., Roanoke, Virginia 24014
Theresia Wagner Fell, 245 Ottaway Road, Troutville, Virginia 24175
Ssunny Investments, LLC, 1927 Franklin Road, S.W., Roanoke, Virginia 24015
PLANTA, LLC, P. O. Box 384, Roanoke, Virginia 24003
Gary T. Collins, 1325 Williamson Road, N. E., Roanoke, Virginia 24012
VRE Roanoke, LLC, 1211 S. White Chapel Boulevard, Southlake, Texas
76092
RADHEYRADHEYKRISHNA, LLC, 5712 Longridge Drive, S. W., Roanoke,
Virginia 24018
Tu Kha Doan, 527 Missimer Lane, Vinton, Virginia 24179
Martin Media, 1545 Patrick Road, N.E., Roanoke, Virginia 24012
The Honorable Brenda Hamilton, Clerk of Circuit Court
Daniel J. Callaghan, City Attorney
Tina Carr, Secretary, City Planning Commission
Steven J. Talevi, Assistant City Attorney
Luke Pugh, City Engineer
Susan Lower, Director of Real Estate Valuation
IN'I'HF COIINCII. OI l 1IF CI IY OP ROANOKE. VIRGINIA
The 18" day of 0e111111111, 2017.
No. 41024 - 121817.
AN ORI)INANCIs to WOW ccrluin property locnied tut 536 Orange Avenue,
N.k., 0 (zero) Orange AVCnne. N.1'., (1 (zero) Williamson Road, N.F., 0 (zero) Short
Sheet, N.W., and 0 (zero) Louisiana Avenue, N.E., front CG, ('umntcrcial- General
District. to MXPUD, Mixed Use Phmned Unit Development District, subject to a certain
condition, and CG, Commercial General District, subject to certain conditions, all of such
conditions proffered by the applicant; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Damini Patel, on behalf of Star City Lodging, LLC, has made
application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the
property located at 536 Orange Avenue, N.E., bearing Official Tax Map No. 3020203; 0
(zero) Orange Avenue, N.li, bearing Official Tax Map No. 3020207; 0 (zero)
Williamson Road, N.E., bearing Official Tax Map No. 3020209; 0 (zero) Short Street,
N.W., bearing Official Tax Map No. 3070909; and 0 (zero) Louisiana Avenue, N.E.,
bearing Official Tax Map Nos. 3041712, 3041713, 3041714 and 3042223 rezoned from
CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development
District, subject to a certain condition, and CG, Commercial General District, subject to
certain conditions;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WI IERb;AS, it public hcariug was hold by City Council on such application at its
meeting o u t ecember 18, 2017, after duc and timely notice thereof as required by ys36.2-
540, ('ode of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and cilizcns were given an opportunity to be heard, both lot and against the
proposed rezoning; and
WHIIREAS, 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 properly, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
TI IEREPORE, 1313 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 that Official Tax Map No. 3020203 located at 536
Orange Avenue, N.E.; Official Tax Map No. 3020207 located at 0 (zero) Orange Avenue,
N.E.; Official Tax Map No. 3020209 located at 0 (zero) Williamson Road, N.E.; Official
Tax Map No. 3070909 located at 0 (zero) Short Street, N.W.; and Official Tax Map Nos.
3041712, 3041713, 3041714 and 3042223 located at 0 (zero) Louisiana Avenue, N.E. be,
and are hereby rezoned from CG, Commercial - General District, to MXPUD, Mixed Use
Planned Unit Development District, subject to development in substantial conformity
with a MXPUD development plan revision dated November 16, 2017, and CG,
Commercial General District, subject to conditions restricting vehicular access to existing
N
access points and requiring cross access and parking agreements t -or the subject zoning
parcel, as set forth in the Zoning Amendment Amended Application No. I dated
November 16, 2017.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
tending of this ordinance by title is herchy dispensed with.
ATTTT�E�S F::
City Clerk.
M ' M� Oq
Remnc.vlth pmffcrs - 536 Orange Dac
3
Q) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: Application by Star City Lodging, LLC, to rezone property located at
536 Orange Ave NE (Official Tax Map Number 3020203), 0 Orange
Ave NE (Official Tax Map Number 3020207), 0 Williamson Rd NE
(Official Tax Map Number 3020209), 0 Short St NW (Official Tax
Map Number 3070909), 0 Louisiana Ave NE (Official Tax Map
Number 3041712), 0 Louisiana Ave NE (Official Tax Map Number
3041713), 0 Louisiana Ave NE (Official Tax Map Number 3041 714),
and 0 Louisiana Ave NE (Official Tax Map Number 3042223) from
Commercial General District (CG) to Mixed Use Planned Unit
Development District ( MXPUD), subject to development in
substantial conformity with a MXPUD development plan revision
dated November 16, 2017, and Commercial General District (CG),
subject to conditions restricting vehicular access to existing access
points and requiring cross access and parking agreements for the
subject zoning parcel.
Recommendation
The Planning Commission held a public hearing on Monday, December 11, 2017.
By a vote of 6 - 0 the Commission recommended approval of the rezoning request,
finding that the Amended Application No. 1 is consistent with the City's
Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the
property will be redeveloped for an active use appropriate to the surrounding area.
Application Information
Request:
Rezoning to MXPUD, Mixed Use Planned Unit
Development, with a condition; and CG, Commercial
General District with conditions
Owner:
Star City Lodging, LLC
Applicant:
See above
Authorized Agent:
Ben Crew, Balzer and Associates, Inc.
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
536 Orange Ave NE, 0 Orange Ave NE, 0 Williamson Rd
NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave
NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE
Official Tax Nos.:
3020203, 3020207, 3020209, 3070909, 3041712,
3041713 3041714 and 3042223, res ectivel
Site Area:
Approximately
2.584 acres
Existin Zonin :
CG, Commercial General District
Proposed Zoning:
MXPUD, Mixed Use Planned Unit Development District,
with a condition; and CG, Commercial General District
with conditions
Existing Land Use:
! Hotel
Proposed Land Use:
Hotel and possible future commercial development
Neighborhood Plan:
Williamson Road Area Plan
Specified Future Land
Small and Medium Scale Commercial
Use:
Filing Date:
Original Application: Oct 30, 2017
Amended Application No. 1: Nov 16, 2017
Background
The northeastern corner of Williamson Road and Orange Avenue is an area that
was originally planned and built as a residential neighborhood that transitioned
to a commercial and industrial area by 1950. As part of the transition to
commercial and industrial development, the previous residential development
pattern has been slowly overwritten over time though parcel conglomeration
and development, street and alley vacations, etc. In the early 1970's, a motel
and was built on 8 of these parcels that form an irregularly shaped
development with little frontage on existing roads and streets. The current
zoning for the parcels that make up the property is CG.
The owner intends to redevelop the property with a new hotel building, but
cannot develop the site as desired due to the dimensional standards of the CG
District (30 foot maximum front yard) and the irregular lot shape.
In October 2017, the applicant filed an application to rezone the property from
CG to MXPUD, with a condition, and CG, with conditions, to allow for the
redevelopment of the property with a multistory hotel facing the interior of the
lot and an outparcel lot along Orange Avenue. The applicant subsequently
amended their application addressing staff and Planning Commission
comments.
Development Plan and Proffered Conditions
This application is unusual in that a portion of the property, Zoning Parcel #1,
will be rezoned to an MXPUD district subject to a development plan while the
other portion, Zoning Parcel #2, will be subject to conditions (two written
proffers). Zoning Parcel #1 will be developed as the new hotel while Zoning
Parcel #2 will have some parking but will remain largely vacant for future
development as an outparcel.
Zoning Parcel #1 is a 2.104 acre +/- area comprised of Official Tax Nos. 3020209,
3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203
being rezoned from CG TO MXPUD. In a planned unit development district, all
development must be in substantial conformance with the development plan, if
approved, and other applicable standards of the zoning ordinance (e.g.,
landscaping and screening). Pertinent features of the proposed development
plan include:
• Arrangement of buildings, driveways, and parking. In particular the large
hotel building is aligned with Zoning Parcel #2 and the building that
could be constructed on that lot in the future, with parking located to the
side of the hotel building and located to the rear of other developed
property along Orange Avenue and Williamson Road.
• floor area, elevations, and architectural details for the hotel. In particular,
the building elevations and the development plan show a variety of
building materials on the facades, large quantities of regularly- spaced
glazing on the east and west facades of the building and landscaping
along the south side of the building facing Orange Avenue.
• Shared access drives and parking for the hotel and outparcels that
alleviate the need for additional entrances from Orange Avenue or
Williamson Road.
• Right -of -way dedication along Orange Avenue for a future right turn lane
should the extension of the existing lane be necessary in the future.
Zoning Parcel #2 is a 0.48 Acre +/- area consisting of Official Tax No. 3020207
and a portion of 3020203 being rezoned from CG TO CG(c). The following
proffers have been proposed as conditions of the rezoning. These conditions
reinforce limited, shared access points from Orange Avenue and Williamson
Road and make sure adequate parking is available for development of Zoning
Parcel #2.
No additional vehicular access shall be permitted from the Orange
Avenue right of way. Access shall be from the shared entrances or
interior access aisles of the development. Existing access locations from
Williamson Road and Orange Avenue indicated as "Existing Access A and
Existing Access B" as shown on the plan titled " Holiday Inn Express -
Development Plan" dated 10/30/2017, last revised 11/16/2017, and
prepared by Balzer and Associates, Inc.
2. A cross access and cross parking easement /agreement shall be provided
for the subject zoning parcel for vehicular and pedestrian access.
Considerations
The subject property (8 parcels) proposed for rezoning is the site of an existing
motel development at the corner of Orange Avenue and Williamson Road.
Specifically, the development of this property functions as part of a larger
commercial area that serves a regional market.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purposes of the MXPUD District are to encourage the orderly development
of mixed residential /commercial sites and to encourage innovative
development patterns that create a desirable environment, particularly for lots
which contain a number of constraints to conventional development. These
regulations are designed to achieve the following objectives:
1) Promote efficient use of land and infrastructure through high
quality urban design;
2) Promote a development pattern in harmony with existing
development and the objectives of the City's Comprehensive Plan;
3) Permit a compatible mix of commercial and residential uses;
4) Provide safe, efficient access and traffic circulation;
5) Create opportunities to use new technologies in managing the
quality and quantity of stormwater; and
6) Encourage the preservation of steep slopes, floodplains, historic
structures and areas, and unique, natural, or geological formations.
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 PUD District by what is specified on the development
plan or is the same as CG District when not specified by the development plan. The
regulations of the CG District will apply with the exception that a maximum of two,
Zoning District
Land Use
North
CG, Commercial General District
Vacant; Eating establishment; Retail
sales establishment, not otherwise
listed
South
CG, Commercial General District
Eating Establishment, Hotel,
Outdoor advertising sign
East
CG, Commercial General District,
Motor vehicle paint and body repair,
and 1 -1, Light Industrial District
and Office Park
West
CG, Commercial General District
Motor vehicle repair and service
establishment, Outdoor advertising
si n, and Off -site parking
Compliance with the Zoning Ordinance:
The purposes of the MXPUD District are to encourage the orderly development
of mixed residential /commercial sites and to encourage innovative
development patterns that create a desirable environment, particularly for lots
which contain a number of constraints to conventional development. These
regulations are designed to achieve the following objectives:
1) Promote efficient use of land and infrastructure through high
quality urban design;
2) Promote a development pattern in harmony with existing
development and the objectives of the City's Comprehensive Plan;
3) Permit a compatible mix of commercial and residential uses;
4) Provide safe, efficient access and traffic circulation;
5) Create opportunities to use new technologies in managing the
quality and quantity of stormwater; and
6) Encourage the preservation of steep slopes, floodplains, historic
structures and areas, and unique, natural, or geological formations.
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 PUD District by what is specified on the development
plan or is the same as CG District when not specified by the development plan. The
regulations of the CG District will apply with the exception that a maximum of two,
shared freestanding signs will be permitted for the two zoning parcels shown on the
development plan (one on Orange Avenue and one on Williamson Road). The
height, square footage, and permitted characteristics of signage in the CG District
are appropriate within the context of this general commercial area.
Buffering, screening, and additional site development features that are required
or regulated by the zoning ordinance are not all shown on the development
plan. These details will be finalized during the development review process.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the need for
the redevelopment of sites at key intersections to serve the needs of citizens and
visitors. The property has been used for hotel type development and the use
remains appropriate in this area. The development plan allows for continued use of
the property in a manner that assures a compatible development pattern with the
surrounding area through the placement and orientation of the buildings, scale of
buildings, entrance and glazing location, and associated site development. 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.
The Williamson Road Area Plan lists several priority initiatives for the area:
changing land use patterns to respond to emerging commercial development
patterns, improving the appearance and function of streets, and improving the
design of new buildings and sites. Relevant policies and action items in the plan
are discussed below.
Strategic Initiatives:
Roanoke Civic Center /Stadium /Amphitheater Complex
Regardless of whether the stadium /amphitheater project proceeds, the Civic
Center complex remains a major regional center for entertainment. As a
northern extension of Downtown, it should have clear connections with the
City Market area. Greenway and sidewalk systems should facilitate easy
pedestrian access between facilities and to downtown. By its nature, this
area will have periodic traffic stresses during events, so access, traffic
management, and parking demands should be carefully considered.
Surrounding land uses should be guided toward commercial uses that are
both complementary and compatible.
The subject property is at the intersection of two major transportation arterials,
Orange Avenue and Williamson Road, near the Civic Center. The hotel use is
still appropriate for this regional center and provides the opportunity for an
improved development pattern. The intersection is one of the busiest in the city
with an existing right turn lane from Orange to Williamsons that begins just to
the west of the subject property. The applicant has evaluated traffic demand for
this site, particularly the need for a right turn lane from Orange Avenue into the
property. While a turn lane is warranted, the additional traffic from this
development compared to overall traffic is small. Furthermore, creating a short
turn lane that is not contiguous with the existing turn lane could cause
confusion for vehicles turning right onto Williamson Road (exit traffic flow and
then need to merge back when they realize they've tried to turn too soon). As a
turn lane could cause more problems than it helps, no right turn lane into the
development is proposed. The development plan provides for dedication of
right-of -way should the city wish to extend the existing right turn lane to the
east past the property.
Economic Development:
• Signs: Sign clutter will be reduced by encouraging signs to be located on
buildings rather than on freestanding structures. Where freestanding signs
are used, they will be limited to appropriate heights and sizes.
Commercial Design Guidelines:
• Locate new buildings on or near the front property line. Recalling traditional
patterns, there should be a close relationship between commercial buildings
and the street. A well- designed building close to the street becomes the
business's sign - therefore reducing expense, reducing street clutter, and
improving overall appearance.
• Go vertical. In urban areas such as Roanoke, commercial buildings should
range from two to four stories, with upper floors being dedicated to less
intense uses such as offices and high- density residential. Vertically mixing
uses adds to the vitality of an area and consumes less of the city's limited
land resources.
• Limit the number of parking spaces. Base the number of parking spaces on
typical, rather than peak, demands.
• Locate parking to the side or rear of buildings.
• Control vehicular access. With no on- street parking available, it is expected
that businesses along Williamson Road will have vehicular access to their
parking areas. Curb cuts should be limited in number and size. Seek
opportunities for shared access points (see illustration). Improve overall
safety of corridor. Customers appreciate safe, well- defined access points.
The redevelopment of the property fulfills the broad City vision for reuse of
underused parcels in older commercial areas at key intersections with uses and
forms that are appropriate to the surrounding area. Specifically, the proposed
development is consistent with the area plan design guidelines with the large,
multistory hotel building set as close to the street as practicable with the unusual
lot shape and a future outparcel available for development between the hotel and
Orange Avenue to create a balanced streetscape with the adjacent property. The
parking forth e hotel meets the minimum standards of the zoning ordinance
without providing excessive overflow and there are provisions for shared parking
and access between the hotel and future outparcel development. The site will
conform to current development standards such as parking area, landscaping,
and lighting.
Overall, the development plan for the MXPUD portion of the property and the
conditions for shared access and parking on the CG portion of the property will
create a development that is consistent with Vision 2001 -2020 and the Williamson
Road Area Plan.
Public Comment Summary
None.
Planning Commission Work Session (November 14 2017):
The following items were discussed in the Planning Commission Work Session
and should be addressed for compliance with City policy and ordinances.
• All parcels and addresses must be listed on application, within application,
and on development plan.
• Change wording on proffered condition to clearly show no new access
allowed instead of no access... such as "No additional vehicular access shall
be permitted from the Orange Avenue right -of -way.
• There is concern about potential lack of parking for a future development
on Parcel #2. You may wish to add a cross parking statement on the plan
and a condition on Parcel 42 to deal with cross access parking to allow the
future CG(c) parcel to be fully developed.
• List substantial conformance with elevations in addition to the rendering or
list minimum transparency requirements and arrangement for glazing on
all sides of the hotel.
• Provide additional glazing on the Orange Ave fa4ade or screen with large
trees.
• Provide right turn warrant analysis on Orange Ave for this proposed
development.
• For future Orange Ave planning and reducing congestion, the City will
require an additional 5' right -of -way dedication.
The Applicant subsequently filed Amended Application No. 1 addressing all of
the comments.
Conclusions and Recommendations:
Overall, staff finds that the rezoning as proposed is consistent with these plans
as it enables the redevelopment of a currently underused property in a manner
appropriate to the surrounding area. The regional entertainment center at the
intersection of Orange Avenue and Williamson Road has been an important part of
the community's development pattern for many decades and a hotel is an
appropriate use in that area. This change to the property will facilitate the
redevelopment of an underused commercial site that will bring new life and
potential commercial uses to this area.
Planning Commission Public Hearing (December 11 2017):
Chris Craft, President of Wildwood Civic League, said their neighborhood
supports this project for the neighborhood.
Steve Grammer asked if the new hotel would have accessible rooms and how it
would be funded. The applicant stated it would meet the accessibility
requirements within the code and that the funding is private.
Kermit Hale, Chair
City Planning Commission
c: Robert S. Cowell, Jr., 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
Damini Patel, Star City Lodging, LLC
Ben Crew, Balzer and Associates, Inc.
—,
Departmentof Planning, Building and Development a InI7 ROANOKE
Room 166, Noel C. Taylor Municipal Building NUv 1
215 Church Avenue, S.W. CITY OF ROANOKE
Roanoke, Virginia 24011 PLANNING BUILDING B
Phone: (540) 853 -1730 Fax (540) 853 -1230 DEVELOPMENT
Click Here to Pdnt
Filing Date: Nov 16, 2017 Submittal Number: Amended Application No. l
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
0 LOUISIANA AVE NE, & A PORTION OF 536 ORANGE AVE. NE
Address:
10 LOUISIANA AVE NE, 0 WILLIAMSON RD. NE., 0 SHORT ST. NW, 0 LOUISIANA AVE NE, 0 LOUISIANA AVE NE, &
Official Tax
Note)-
3042223, 3020209, 3070909, 3041712, 3041713, 3041714, AND A PORTION OF 3020203
Existing
Without Conditions
Zoning
CG, Commercial - General ❑ With Conditions
��
No(s). (If ry/A
❑ Planned Unit Development
1
ble
applicable):
applicable):
Requested
❑ Without Conditions
Proposed
Zoning:
MX -PUD ❑x With Conditions
Land Use: HOTEL
❑ Planned Unit Development
Name:
STAR CITY LODGING, LLC -C/O DAMINI PATEL
Phone Number: +t (sa0) 290 -tos0
Address:
815 GAINSBORO ROAD ROANOKE, VA 24016
E -mail: Damini @JPHOSPITALITY.Com
Name:
SAMEAS PROPERTY OWNER INFORMATION
Phone Number:
Address:
E -mail I I
wwmr•sgm..
Name'. BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +1 (540) 397 -o5a3
Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E- mail', BCREW @BALZER.CC
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Department of Planning, Building and Development ROANOKE
Room 166, Noel C. Taylor Municipal Building NOV 16 2017
215 Church Avenue, S.W.
Roanoke, Virginia 24011 CITY OF ROANOKE Click Here to Print
Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING BUILDING 8
DEVELOPMENT
Flung Date: Nov 16, 2017 Submittal Number. Amended Application No.1
❑ Rezoning, Not Othenvise Listed ❑ Amendment of Proffered Conditions
❑x Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Address: IO ORANGE AVENUE N.E. &A PORTION OF 536 ORANGE AVENUE N.E.
Official Tax No(s).: 3020207 AND A PORTION OF 3020203
Existing ❑x Without Conditions Ordinance
Zoning', CG, Commercial- General ❑ With Conditions No(s). (If N/A
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed
Zoning CG, Commercial- General I R With Conditions Land Use: CGBYRIGHTUSE
❑ Planned Unit Development
Name:
STAR CITY LODGING, LLC -C/O DAMINI PATEL
Phone Number:
+1 (540) 290 -1050
Address:
, E -mail: Damini @1PHOSPITALITY.Com
815 GAINSBORO ROAD ROANOKE, VA 24016
Name:
Phone Number:
SAME AS PROPERTY OWNER INFORMATION
Address:
E- mail'.
M+mr•aVa.:
Name: BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +t (540) 397 -0543
Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC
PAWe1PprcA19A^^N ^.
ZONING AMENDMENT REQUEST NARRATIVE
Star City Lodging, LLC (owner /applicant) is requesting a two part zoning request for the subject
development. The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909,
3041712, 3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Parcel #1: 2.104 +/-
acres) from CG (Commercial General) to conditional MX -PUD (Mixed Use - Planned Unit
Development) to allow for the construction of a hotel, that is anticipated to be branded as a
Holiday Inn Express & Suites. The second request is to rezone City of Roanoke Tax Parcel
3020207 and a portion of 3020203 (Zoning Parcel #2: 0.48 +/- acres) from CG (Commercial
General) to CG (c) with conditions to allow for proffered conditions to be applied to the subject
outparcel regarding interior cross access to the development and no future vehicular access
points along Orange Avenue. This parcel would be restricted to utilized Existing Access A or B
as shown on the development plan for the request.
The site is currently operated as a Rodeway Motel (99 Rooms), which will be razed and the site
will be redeveloped as part of the new hotel improvements. The project will remove an older
motel facility and replace it with a modern hotel to serve the Roanoke Valley. The project is
comprised of seven (7) parcels that will be combined via a combination plat during the site plan
& plat review process. The total acreage of the subject parcels being rezoned to MXPUD is +/-
2.10 acres and the total acreage of the remaining outparcel being rezoned to CG(c) is 0.48 +/-
acres. The site currently has public road frontage on Orange Avenue N.E. and Williamson Road
N.E. which will be maintained with the proposed project. The adjacent properties are zoned CG
— Commercial General District and I - le — Industrial with conditions.
The attached Development Plan (Exhibit A) shows the improvements proposed for the site and
the proposed development regulations for the MX -PUD zoning designation. The new hotel is
anticipated to have approximately 90 rooms and will be limited to 4 stories and 55' in overall
height. The proposed building will include a drive -under canopy entrance area, small meeting
room on the 1" floor, and exterior patio area for hotel guests. Parking for guests and employees
will be located on -site and the site will include two right in -right out access points to the public
right of ways of Orange Avenue and Williamson Road. One outparcel (Zoning Parcel #2) will
be created along Orange Avenue to allow for future development. MX -PUD development
regulations have been identified on the development plan to correlate with the proposed
development of the hotel site.
There is an existing cross access easement with Star City Lodging, LLC and Starbucks currently
in place and any improvements /future development will maintain this cross access for the
proposed hotel, Starbucks, and existing outparcel along Orange Avenue,
The Holiday Inn Express & Suites will be developed to meet current IHG guidelines with the
current prototype included as Exhibit C as part of the zoning amendment application. Site and
Building mounted signage will be provided per the City of Roanoke zoning ordinance.
This project is consistent with the goals and initiatives outlined in the Vision 2001 -2020
Comprehensive Plan. According to the Comprehensive Plan in Chapter 3.3, a critical component
of economic development is hotel development and attracting/retaining tourism income. With
the site being located near the Berglund Center (Roanoke Civic Center) and the Downtown core
of the City, this project will be convenient for those staying in the Roanoke Valley and utilizing
the amenities and other businesses in the area.
The parcel is located within the southern section of the Williamson Road Area Plan, as adopted
by the Roanoke City Council in 2004. The new Holiday Inn Express & Suites development
meets the high priority themes by improving the design of new buildings and sites and changing
land use patterns to respond to emerging commercial development patterns. The existing land
use pattern is commercial and will remain the same along the Major Arterials of Orange Avenue
and Williamson Road. The future land use map identifies these parcels as Small and Medium
scale commercial which fits the program and intent of the proposed hotel use. The site design
also limits the commercial access points on Williamson Road and Orange Avenue for the
multiple business that share the existing two commercial entrances.
On behalf of Star City Lodging, LLC we are requesting approval of this application for rezoning.
This redevelopment project will provide significant enhancement to the site and provide an
updated and quality hotel. It will provide for the rehabilitation of the existing motel site and will
be a valuable asset for the surrounding commercial area, which will serve to further benefit the
City of Roanoke.
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EXHIBIT C - EXTERIOR HOTEL PERSPECTIVE
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ZONING AMENDMENT PROFFERED CONDITION:
ZONING PARCEL #1
The applicant hereby agrees to proffer the following condition as they apply
to the 2.104 Acre +/- Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223,
and a portion of 3020203 being rezoned from CG TO MXPUD.
1. The property will be developed in substantial conformance with the development plan,
prepared by Balzer and Associates Inc., dated October 30, 2017, last revised November
16, 2017 and attached hereto as Exhibit A, "Development Plan", subject to those
changes which may be required by the City of Roanoke during comprehensive
development plan review.
•
The applicant hereby agrees to proffer the following condition as they apply
to the 0.48 Acre +/- Tax Parcel 3020207 and a portion of 3020203 being rezoned from
CG TO CG with Conditions.
1. No additional vehicular access shall be permitted from the Orange Avenue right of way.
Access shall be from the shared entrances or interior access aisles of the development.
Existing access locations from Williamson Road and Orange Avenue indicated as
"Existing Access A and Existing Access B" as shown on the plan titled " Holiday Inn
Express— Development Plan' dated 10/30/2017, last revised I I /16/2017, and prepared by
Balzer and Associates, Inc.
2. A cross access and cross parking easemenvagreement shall be provided for the subject
zoning parcel for vehicular and pedestrian access.
ORigr!4411 (OOf
Tax Parcels 3042223, 3020209, 3070909, 3041712, 3041713, 3041714, and a portion of
3020203
Beginning at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast
corner of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the
Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.;
thence N 02 °53'24" E a distance of 175.00 feet to a point;
thence N 87 °06'36" W a distance of 148.39 feet to a point;
thence S 01 °28'30" W a distance of 25.02 feet to a point;
thence N 86 036'30" W a distance of 50.00 feet to a point;
thence S 01 °28'30" W a distance of 21.09 feet to a point;
thence N 84 °10'30" W a distance of 108.16 feet to a point;
thence N 21009'48" E a distance of 12.00 feet to a point;
thence N 68 °50'12" W a distance of 5.00 feet to a point;
thence N 21 °09'48" E a distance of 74.79 feet to a point;
thence S 87012'35" E a distance of 162.18 feet to a point;
thence N 17 °38'25" E a distance of 301.10 feet to a point;
thence S 79 °71'35" E a distance of 130.73 feet to a point;
thence S 16 °39'39" W a distance of 56.09 feet to a point;
thence S 86'08'13" E a distance of 84.64 feet to a point;
thence S 03°51'47" W a distance of 182.54 feet to a point;
thence N 86 °08'13" W a distance of 10.49 feet to a point;
thence S 0102 1'49" W a distance of 104.10 feet to a point;
thence N 87 006'36" W a distance of 139.40 feet to a point;
thence S 02 °53'24" W a distance of 150.00 feet to a point;
thence N 87 °06'36" W a distance of 6.58 feet to a point;
which is the point and place of beginning, containing 2.1039 Acres (91,644 square feet).
i.EGA], DESCRIPTION R:
ZONING PARCEL #2
Tax Parcels 3020207 and a portion of 3020203
Commencing at a point along the Northerly right of way of Orange Avenue, N.E. at the
Southeast corner of Roanoke City Tax parccl #3020206, said point being 537.42 feet West of the
Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence
S 87 °06'36" E a distance of 6.58 feet to the point of beginning;
thence N 02 053'24" E a distance of 150.00 feet to a point;
thence S 87 00636" E a distance of 139.40 feet to a point;
thence S 01 °21'49" W a distance of 150.05 feet to a point;
thence N 87 006'36" W a distance of 143.40 feet to a point;
which is the point and place of beginning, containing 0.4869 Acres (21,210 square feet).
TRIP GENERATION CALCULATIONS &
TURN LANE WARRANTS
FOR
Star City Lodging, LLC
Holiday Inn Express
536 ORANGE AVENUE NE
City of Roanoke, Virginia
B &A PROJECT #04170051.00
DATE: November 16, 2017
8A.1_1L1LJ lam.
AND ASSOCIATES INC.
REFLECTING TOMORROW
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
1208 Corporate Circle Roanoke, Virginia 24018 Phone (540) 772 -9580
Introduction
This traffic study is being provided to analyze the projected traffic for a proposed
Holiday Inn Express hotel located at the intersection of Orange Avenue and Williamson
Road in the City of Roanoke.
The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909, 3041712,
3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Lot of 2.104 +/- acres)
from CG (Commercial General) to conditional MX -PUD (Mixed Use — Planned Unit
Development) to allow for the construction of a hotel. The second request is to rezone
City of Roanoke Tax Parcel 3020207 and a portion of 302023 (Zoning Lot 0.48 +/-
acres) from CG (Commercial General) to CG (c) with conditions to allow for proffered
conditions to be applied to the subject outparcel regarding interior cross access to the
development and no future vehicular access points along Orange Avenue. This parcel
would be restricted to utilized Existing Access A or B as shown on the development plan
for the request.
The proposed hotel will have 90 rooms and the additional pad site will be created that
can accommodate approximately 3,500 s.f. of a shopping center use.
The site currently consists of two motels with associated parking and utility
improvements. These two motels consist of a total of 99 rooms and these buildings will
be demolished as part of this project. There is currently an existing right -in, right -out
entrance from Orange Avenue and a right -in, right -out entrance from Williamson Road
that provide access to the site. Both entrances will be maintained as part of the
proposed development.
There is an existing Starbucks restaurant that accesses through the hotel property.
Therefore, traffic for this site utilizes the same two entrances as the proposed project.
Existing Daily and Peak Hour Traffic:
2016 VDOT published data (please see Attachment 1
Williamson Road: Orange Avenue:
AADT = 11,000 AADT = 35,000
Directional Factor = 0.539 Directional Factor = 0.508
K Factor = 0.076 K Factor = 0.093
In addition to the VDOT published data, turning movement count data was provided by
the City of Roanoke for each of the site entrances, as well as the intersection of Orange
Avenue and Williamson Road for the AM and PM peak hours. This data is from a
previous traffic study for the Starbucks project. For the purposes of this analysis, the
Future Conditions (2018) with Development Traffic Volumes will be utilized, which
includes turning movements for the Starbucks use.
It should be noted that the previous traffic study for the Starbucks project included
vehicle trips entering and exiting from a full access entrance on Williamson Road. This
entrance is not located on the property and, therefore, will not be used as an access
point for this project. The existing right -in, right -out entrance on Williamson Road that is
located just to the south of the full access entrance will be utilized for access to this site.
The left turning movements into the site that were projected in the previous traffic study
will be re- distributed between the two entrances as right turns.
Chart of Background Peak Hour Traffic Data
Williamson Rd.
446 vph SITE
(644 vph) 1 Existing
Entrance B
Existing
Entrance A
6 vph —1 694 vph
(720 20 vph) (1,456 vph)
1,127 vph Orange Ave.
(1,425 von)
KEY
00 vph =AM PH
(00 vph) = PM PH
2
Existing and Proposed Site Generated Traffic:
The trip generation calculations were based on the existing land use and the
proposed land uses shown on the concept plan created by Balzer and Associates
(please see Attachment 2). The policies and procedures found in the Institute of
Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, were employed to
determine the potential site generated traffic volumes for the proposed development.
Traffic volumes for the average weekday and weekday peak hours of the adjacent
street traffic are provided and illustrated in the Table and Figure below, respectively.
Existing Trip Generation:
TRIP GENERATION
LAND USE AM PEAK HR
PM PEAK HOUR
DAILY
Proposed
ITE
Independent
Development
Code
Variable Enter
Exit
Total
Enter
Exit
Total
Total
Motel
320
99 Rooms 15
28
43
24
21
45
565
Proposed Trip Generation:
TRIP GENERATION
LAND USE
AM PEAK HR
PM PEAK HOUR
DAILY
Proposed
ITE
Independent
Development
Code
Variable
Enter
Exit
Total
Enter
Exit
Total
Total
Hotel
310
90 Rooms
28
20
48
28
26
54
432
Specialty Retail
Center
826
3,500 s.f.
--
--
--
4
5
9
155
Total
28
20
48
32
31
63
587
3
Turn -Lane & Taper Summary:
For the purposes of this analysis, it was assumed that the most vehicles will access the
hotel site from Williamson Road, as this is the main point of access by vehicles coming
from Interstate 581. Therefore, it was assumed that 70% of vehicles will enter using this
access point.
The analyses to determine turn lane warrants on Orange Avenue and Williamson Road
to serve the proposed development were completed by following the procedures and
methodologies found in the VDOT Road Design Manual, Volume 1, Appendix F.
Right -Turn Lane into Site from Orange Avenue
AM Peak Hour Analysis:
- 58 Vehicles per Hour Turning Right into site from Orange Avenue (Starbucks)
- 8 Vehicles per Hour Turning Right into site from Orange Avenue (Hotel &
Retail)
- 66 Total Vehicles per Hour Turning Right into site from Orange Avenue
Approach Volume = 1,694 VPH Orange Avenue
-- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C:
Full -Width Turn Lane and Taper Warranted (See Attachment A).
PM Peak Hour Analysis:
- 16 Vehicles per Hour Turning Right into site from Orange Avenue (Starbucks)
- 10 Vehicles per Hour Turning Right into site from Orange Avenue (Hotel &
Retail)
- 26 Total Vehicles per Hour Turning Right into site from Orange Avenue
- Approach Volume = 1,456 VPH Orange Avenue
-- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C:
Taper Warranted (See Attachment A).
Right -Turn Lane into Site from Williamson Road
AM Peak Hour Analysis:
- 39 Vehicles per Hour Turning Right into site from Williamson Road (Starbucks)
- 20 Vehicles per Hour Turning Right into site from Williamson Road (Hotel &
Retail)
- 59 Total Vehicles per Hour Turning Right into site from Williamson Road
- Approach Volume = 608 VPH Williamson Road
-- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C:
Taper Warranted (See Attachment B).
PM Peak Hour Analysis:
49 Vehicles per Hour Turning Right into site from Williamson Road (Starbucks)
22 Vehicles per Hour Turning Right into site from Williamson Road (Hotel &
Retail)
71 Total Vehicles per Hour Turning Right into site from Williamson Road
Approach Volume = 720 VPH Williamson Road
-- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C:
Taper Warranted (See Attachment B).
Summary and Conclusion
The traffic summary has been provided to analyze the background traffic regarding the
existing improvements and proposed improvements with the current project.
The proposed improvements do not create a significant increase in the overall traffic to
the site when compared to the existing motel and coffee shop uses, including the
additional proposed outparcel (Retail) along Orange Avenue.
The two existing access points on Williamson Road and Orange Avenue based on
existing conditions and current VDOT regulations warrant the noted tapers and turn
lane. However, the two existing shared entrances are proposed to remain in place and
continue to function as they do today and provide adequate access for patrons utilizing
the property.
This development continues to minimize the curb cuts along Williamson and Orange
Avenue by having three different parcels and potential users accessing the public right
of way through two right in — right out access points.
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ATTACHMENT A - ORANGE AVENUE F-98
PM - 1,456
PHV APPROACH TOTAL, VEHICLES PER HOUR
Appropriate Radius required at all Intersections and Entrances (Commercial or Private).
LEGEND
PHV- - Peak Hour Volume (also Design Hourly Volume equivalent)
Adjustment for Riaht Turns
If PHV is not known use formula: PHV = ADT x K x D
K = the percent of AADT occurring in the peak hour
D = the percent of traffic in the peak direction of flow
Note: An average of 11 % for K x D will suffice.
When right turn facilities are warranted, see Figure 3 -1 for design criteria.
FIGURE 3 -27 WARRANTS FOR RIGHT TURN TREATMENT (4 -LANE HIGHWAY)
Rev. 1/15
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ATTACHMENT B - WILLIAMSON ROAD F-98
PHV APPROACH TOTAL, VEHICLES PER HOUR
Lb1
Appropriate Radius required at all Intersections and Entrances (Commercial or Private).
LEGEND
PHV -- Peak Hour Volume (also Design Hourly Volume equivalent)
Adjustment for Riaht Turns
If PHV is not known use formula: PHV = ADT x K x D
K = the percent of AADT occurring in the peak hour
D = the percent of traffic in the peak direction of flow
Note: An average of 11 % for K x D will suffice.
When right turn facilities are warranted, see Figure 3 -1 for design criteria.
FIGURE 3 -27 WARRANTS FOR RIGHT TURN TREATMENT (4 -LANE HIGHWAY)
Rev. 1/15
ZONING DISTRICT MAP
536 Orange Ave NE, 0 Orange Ave NE,
==zE;
0 Williamson Rd NE, 0 Short St NW,
R -Y. Res Single For- ly
0 Louisiana Ave NE, 0 Louisiana Ave NE,
t,
0 Louisiana Ave NE, 0 Louisiana Ave NE
°` li:
Official Tax Parcels: 3020203, 3020207,
;w -ic+-'""'
3020209,3070909,3041712;3041713,
RM -1 Res Mixed Densty
3041714, and 3042223, respectively
® Area to be .4emned
-
Zoning
AD'. Airport Dev
4Z,
CG. Comrnercial8eneal
p
C
GI S'. CommerciaH arse Sile
A
GN. OOntmer,n I- Neighborhood
ti
D
D Downtown
Z AVE
1 -1 Light Industrial
cil, EP
1 -2 Heavy Industrial
�ROS Reaeatonand Open Spax
I� IN Institutional
r7 INFUD. InstuuLOnal Flamed U Uev
IPUD. Industrial Planned Urnt Uev
-
MX'. Mixed Use
r7 MXFUD Mixed Use Planned Und Uev
R -12: Res Smgle- Family
x
R -3. R s Single Far, IY
R -5'. Res Single -Fam!1,
=
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- _
-- - -- -
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4•
RM 2'. Res Mixed Density
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v
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x
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Induatiial
pOCAHONTAS AVE — — — — — — — — — -
I.1 (c): Light
Industrial Conditional
111111111111111111111110rd#3788ZjQ90407A
ORANGE AVE
I
Adjoining Property Owners for 536 Orange Avenue, N.E. (Official Tax Map Nos. 3020209, 3070909, 3041712, 3041713, 3041714, & portion of 3020203
TAXID
MailAddress
MailCity
State
Zip
I LocalAddress
LocalCity
Zip
Ownerl
3020201
57006TH AVE
ALTOONA
PA
16602
11212 WILLIAMSON RD NE
ROANOKE
24012
TAMERA LLC
3020203
815 GAINSBORO RD
ROANOKE
VA
24016
536 ORANGE AVE NE
ROANOKE
24012
STAR CITY LODGING LLC
3020203
815 GAINSBORO RD
ROANOKE
VA
24016
536 ORANGE AVE NE
ROANOKE
24012
STAR CITY LODGING LLC
3020204
PO BOX 1451
ROANOKE
VA
24007
0 ORANGE AV NE
ROANOKE
CITY OF ROANOKE VIRGINIA
3020205
PO BOX 1451
ROANOKE
VA
24007
0 ORANGE AV NE
ROANOKE
CITY OF ROANOKE VIRGINIA
3020206
1211 S WHITE CHAPEL BLVD
SOUTHLAKE
TX
76092
526 ORANGE AVE NE
ROANOKE
24012
VRE ROANOKE LLC
3020207
815 GAINSBORO RD
ROANOKE
VA
24016
0 ORANGE AV NE
ROANOKE
STAR CITY LODGING LLC
3020209
815 GAINSBORO RD
ROANOKE
VA
124016
0 WILLIAMSON RD NE
ROANOKE
ISTAR CITY LODGING LLC
3020801
PO BOX 621
PULASKI
VA
24301
525 ORANGE AVE NE
ROANOKE
24016
NEW RIVER GULF INVESTMENTS
3025001
1927 FRANKLIN RD SW
ROANOKE
VA
24015
601 ORANGE AVE NE
ROANOKE
24016
SSUNNY INVESTMENTS LLC
3025015
5712 LONGRIDGE DR
ROANOKE
VA
24018
535 ORANGE AVE NE
ROANOKE
RADHEYRADHEYKRISHNA LLC
3041712
815 GAINSBORO RD
ROANOKE
VA
24016
0 LOUISIANA AV NE
ROANOKE
STAR CITY LODGING LLC
3041713
815 GAINSBORO RD
ROANOKE
VA
24016
0 LOUISIANA AV NE
ROANOKE
STAR CITY LODGING LLC
3041714
815 GAINSBORO RD
ROANOKE
VA
24016
0 LOUISIANA AV NE
ROANOKE
STAR CITY LODGING LLC
3042201
3129 GARDEN CITY BLVD SE
ROANOKE
VA
24014
540 ORANGE AVE NE
ROANOKE
24012
JMEM LLC
3042223
815 GAINSBORO RD
ROANOKE
VA
24016
0 LOUISIANA AV NE
ROANOKE
STAR CITY LODGING LLC
3043002
PO BOX 384
ROANOKE
VA
124003
511 POCAHONTAS AVE NE
ROANOKE
124012
PLANTA LLC
3070801
527 MISSIMER LN
VINTON
VA
24179
1403 WILLIAMSON RD NE
ROANOKE
24012
DOAN TU KHA
3070802
245 OTTAWAY RD
TROUTVILLE
VA
24175
1409 WILLIAMSON RD NE
ROANOKE
24012
FELL THERESA WAGNER
3070901
5700 6TH AVE
ALTOONA
PA
16602
0 CARVER AV NE
ROANOKE
TAMERA LLC
3070904
1325 WILLIAMSON RD
ROANOKE
VA
24012
1307 WILLIAMSON RD NE
ROANOKE
24012
COLLINS GARY
3070906
1325 WILLIAMSON RD
ROANOKE
VA
24012
1325 WILLIAMSON RD NE
ROANOKE
24012
COLLINS GARY
3070908
1545 PATRICK RD NE
ROANOKE
VA
24012
0 WILLIAMSON RD NE
ROANOKE
MARTIN MEDIA
3070909
815 GAINSBORO RD
ROANOKE
VA
24016
0 SHORT ST NW
ROANOKE
STAR CITY LODGING LLC
The Roanoke Times Acnonnl Number
Roanoke, Virginia 6011439
Affidavit of Publicatiml
Datc-
1.II'rolnonN�nd IIC' peoembar 05, 2017
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PUDUC Fit AItING NO UCL
Any public h,iFFI, advuttsed h
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Publisher of the
Roanoke Times
^y R
I, (the undersigned) an authorized representative of the
DFC 14 2017 R
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
CITY OF ROANUKE H
HEARING NOTICE A was published in said newspapers on the
PLANNING BUILDING B f
following dates:
DEVELOPMENT
11120 1210512017
The First insertion being given... II128/2017
Newspaper reference: 0000655680
Silting Rep
Sworn to and subscribed before me this Tuesday, December 5, 2017
Notary P. is �
��•`'•�nDENNF'�.
State of Virginia :`• �''" ��7 a.�
CiLylCounty of Roanoke
My Commission expire PEG ;;332664 ,
1
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
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PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
Any 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.
Any applications will be available for review in the Planning, Building, & Development office,
first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on December 11, 2017,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0
Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave
NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203,
3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from
Commercial General District (CG) to Mixed Use Planned Unit Development District ( MXPUD),
subject to development in substantial conformity with a MXPUD development plan revision
dated November 16, 2017, and Commercial General District (CG), subject to conditions
restricting vehicular access to existing access points and requiring cross access and parking
agreements for the subject zoning parcel. The land use categories permitted in the MXPUD
District include residential; accommodations and group living; commercial; warehousing and
distribution; assembly and entertainment; public, institutional and community; transportation;
utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800
square feet of lot area. The land use categories permitted in the CG District include
accommodations and group living; commercial; industrial; warehousing and distribution;
assembly and entertainment; public, institutional and community; transportation; utility;
agricultural; and accessory; with no maximum density specified and a maximum floor area ratio
of 5.0. The comprehensive plan designates the property for small and medium scale commercial
use, but does not specify density. The proposed use is a hotel with possible future commercial
development.
Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the
public's right to use a portion of Villa Heights Park, such portion being the entirety of real
Property owned by the City of Roanoke located at 2750 Hoover Street, N. W, and designated as
Official Tax Map No. 2430601.
A request by the City of Roanoke to consider an amendment to Vision 1001 -2010, the City's
comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new
Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at
building on the current success of downtown and aiding in its continued revitalization mid
growth over the next 20 years.
The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural,
and locational strengths of downtown to build a base for future growth by supporting historic
renovation, protecting historic resources, marketing downtown's proximity to cultural and 1
natural amenities, and supporting the development of a Pedestrian Area Plan to expand the
walkable urban environment of downtown; 2) Fill in the Gaps: Connect small businesses with
resources, target and recruit business to occupy downtown buildings, maintain and extend the
streetscape, make improvements to the Campbell Court and Market Street areas, and encourage
appropriate stonnwater management; 3) Expand: To the west, support an urban flex zoning
district to encourage continued growth in the area; to the south, support the creation of a strategic
plan for the proposed Innovation Corridor; and to the north, support development projects that
serve and provide transition to the neighborhoods; 4) Enhance Public Space: Make minor
additions and expansions of downtown parks to provide additional park space, reputpose right of
way along Jefferson Street, improve mobility of downtown streets, and use art and other
treatments to add vibrancy to public spaces; 5) Strengthen Connections: Improve critical street
crossings to be more accommodating to pedestrians, create an Urban Loop greenway that
encircles downtown and connects to the existing greenway, and support downtown wayfinding
to destinations, parking, and other modes of transportation; and 6) Maintain and Market:
Maintain downtown as a showcase that can be marketed regionally as a top destination.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on December 18, 2017, at
7:00 p.m., or m 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 hearings.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13,
2017, at 1:00 p.m, or as soon as the matters may be heard, to consider these applications:
Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing
Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception
Pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to
permit parking, off -site.
Application by Ann Janney - Schultz for property located at 1914 Westover Avenue, S.W.,
bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed - Density District, for a
special exception pursuant to Section 36,2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Alexander Lipine for property located at 3121 Corbieshaw Road, S.W., bearing
Official Tax Map No. 1650201, zoned R -5, Residential Single - Family District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing
Official Tax Map No. 1330108, zoned RMA, Residential — Mixed - Density District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Donna M. Payne, Acting Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Secretary to the Board of Zoning Appeals
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
5401853 -1730
tina.carrr7a 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
Ben Crew
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Star City Lodging, LLC to rezone property located at 536 Orange Avenue, N. E.,
0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana
Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana
Avenue, N. E., respectively. (See copy of the 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, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning
Commission News ", following its meeting on December 11.
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
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telcpbaae: (540)8534541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E-inaiL dok(n}roanokeva.gov
CECELIA F. MCCOV
City Clerk
Depute City Clerk
December 6, 2017
CECELIAT. WEBB, CMC
Assistant Deputy CITY Clerk
Ben Crew
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Star City Lodging, LLC to rezone property located at 536 Orange Avenue, N. E.,
0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana
Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana
Avenue, N. E., respectively. (See copy of the 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, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning
Commission News ", following its meeting on December 11.
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
City Clerk
Enclosure
51 �
"PA l 1.
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
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
E -mail elerkaroanokeva.gov
TAMERA,LLC
Star City Lodging, LLC
VRE ROANOKE, LLC
New River Gulf Investments
Ssunny Investments, LLC
RADHEYRADHEYKRISHNA, LLC
Ladies and Gentlemen:
December 6, 2017
JMEM, LLC
PLANTA, LLC
TEL Kha Doan
Theresia Wagner Fell
Gary T. Collins
Martin Media
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEDS, CMC
Assistant Deputy City Clerk
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Star City
Lodging, LLC to rezone property located at 536 Orange Avenue, N. E., 0 Orange Avenue,
N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana Avenue, N. E.,
0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana Avenue, N. E.,
respectively. (See copy of the 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, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council
Chamber, pending formal action by the City Planning Commission, which may be viewed on
the City's webpage, www.roanokeva.cov, under "Roanoke Planning Commission News ",
following its meeting on December 11.
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, t"
G�P ) ��
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
/)czA l -/- 07/2
iddmW
Depadment of Planning, Building and Development ROA N O KE
Room 188, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Click Here to Print
Filing Date:Oct 30,2017 Submittal Number: Original Application
❑ Rezoning, Not Othervase Listed ❑ Amendment of Proffered Conditions
® Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Address. 1536 ORANGE AVENUE N.E. 1
STAR CITY LODGING, LLC- C/O DAMINI PATEL
Official Tax No(s).:
3020209, 3070909, 3041712, 3041713, 3041714, AND A PORTION OF 3020203
Existing
Zoning:
Zoning:
Zoning:
Address:
❑x Without Conditions Ordinance
With Conditions Nola). (If
❑ Planned Unit Development applicable):
❑ Without Conditions Proposed
Z With Conditions Land Use:
❑ Planned Unit Development
N�q
CG, Commercial - General
HOTEL
MX -PUD
Name:
STAR CITY LODGING, LLC- C/O DAMINI PATEL
Phone Number.
+t (sao) 290 -toso
Address:
815 GAIN580R0 ROAD ROANOKE, VA 24016
I E -mail: Dammi @JPHOSPITALITY.COm
Awbons.
Name:
Phone Number
SAME AS PROPERTYOWNER INFORMATION
Address:
E -mail:
4A,
pµ.e. sy.s...
Name:
Phone Number: +1 (Sao) 397 -05a3
BALZER & ASSOCIATES, INC. C/O BEN CREW
Address:
1208 CORPORATE CIRC�LE•ROANOKE, VA 24018
E -mail:
BCREW @BALZER.CC
�C
wmrm w.x.sgnm...
Department of Planning, Building and Development ROA N O K E
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Filing Date: Ott 30, 2017
Submittal Number: Original Application
❑ Rezoning, Not Otherwise Listed
❑x Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 10 ORANGE AVENUE N.E.
Click Here to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Official Tax No(s).: 3020207 AND A PORTION OF 3020203
Existing x❑ Without Conditions Ordinance
Zoning: CG, Commercial- General ❑ With Conditions NO(s).(If ryyq
❑ Planned Unit Development applicable):
Requested E] Without Conditions Proposed
Zoning: CG, Commercial- General X❑ With Conditions Land Use: CGBVRIGHTUSE
❑ Planned Unit Development
Name:
STAR CITY LODGING, LLC -C/O DAMINI PATEL
Phone Number:
+1 (540) 290 -1050
Address:
815 GAINSBORO ROAD ROANOKE, VA 24016
E -mail:
Damini @JPHOSPITALITY.COm
Name:
Phone Number:
SAME AS PROPERTY OWNER INFORMATION
Address:
E-mail:
I
Nil
A
wmmr.�a....
Name:
Phone Number: +t (540) 397 -0543
BALZER & ASSOCIATES, INC. C/O BEN CREW
Address:
1208 CORPORATE CIRCLE ROANOKE, VA 24018
E -mail:
BCREW @BALZER.CC
ZONING AMENDMENT REQUEST NARRATIVE
Stu City Lodging, LLC (owner /applicant) is requesting a two part zoning request for the subject
development. The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909,
3041712, 3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Parcel #1: 2.104 +/-
acres) from CG (Commercial General) to conditional MX -PUD (Mixed Use — Planned Unit
Development) to allow for the construction of a hotel, that is anticipated to be branded m a
Holiday Inn Express & Suites. The second request is to rezone City of Roanoke Tax Parcel
3020207 and a portion of 3020203 (Zoning Parcel #2: 0.48 +/- acres) from CG (Commercial
General) to CG (c) with conditions to allow for proffered conditions to be applied to the subject
outparcel regarding interior cross access to the development and no future vehicular access
points along Orange Avenue. This parcel would be restricted to utilized Existing Access A or B
as shown on the development plan for the request.
The site is currently operated as a Rodeway Motel (99 Rooms), which will be razed and the site
will be redeveloped as part of the new hotel improvements. The project will remove an older
motel facility and replace it with a modem hotel to serve the Roanoke Valley. The project is
comprised of seven (7) parcels that will be combined via a combination plat during the site plan
& plat review process. The total acreage of the subject parcels being rezoned to MXPUD is +/-
2.10 acres and the total acreage of the remaining outparcel being rezoned to CG(c) is 0.48 +/-
acres. The site currently has public road frontage on Orange Avenue N.E. and Williamson Road
N.E. which will be maintained with the proposed project. The adjacent properties are zoned CG
— Commercial General District and I -]c — Industrial with conditions.
The attached Development Plan (Exhibit A) shows the improvements proposed for the site and
the proposed development regulations for the MX -PUD zoning designation. The new hotel is
anticipated to have approximately 90 rooms and will be limited to 4 stories and 55' in overall
height. The proposed building will include a drive -under canopy entrance area, small meeting
room on the I" floor, and exterior patio area for hotel guests. Puking for guests and employees
will be located on -site and the site will include two right in -right out access points to the public
right of ways of Orange Avenue and Williamson Road. One outparcel (Zoning Parcel #2) will
be created along Orange Avenue to allow for future development. MX -PUD development
regulations have been identified on the development plan to correlate with the proposed
development of the hotel site.
There is an existing cross access easement with Star City Lodging, LLC and Starbucks currently
in place and any improvements /future development will maintain this cross access for the
proposed hotel, Starbucks, and existing outparcel along Orange Avenue.
The Holiday Inn Express & Suites will be developed to meet current IHG guidelines with the
current prototype included as Exhibit C as part of the zoning amendment application. Site and
Building mounted signage will be provided per the City of Roanoke zoning ordinance.
This project is consistent with the goals and initiatives outlined in the Vision 2001 -2020
Comprehensive Plan. According to the Comprehensive Plan in Chapter 3.3, a critical component
of economic development is hotel development and attracting/retaining tourism income. With
1IPage
the site being located new the Berglund Center (Roanoke Civic Center) and the Downtown core
of the City, this project will be convenient for those staying in the Roanoke Valley and utilizing
the amenities and other businesses in the area.
The parcel is located within the southern section of the Williamson Road Area Plan, as adopted
by the Roanoke City Council in 2004. The new Holiday Inn Express & Suites development
meets the high priority themes by improving the design of new buildings and sites and changing
land use patterns to respond to emerging commercial development patterns_ The existing land
use pattern is commercial and will remain the same along the Major Arterials of Orange Avenue
and Williamson Road. The future land use map identifies these parcels as Small and Medium
scale commercial which fits the program and intent of the proposed hotel use. The site design
also limits the commercial access points on Williamson Road and Orange Avenue for the
multiple business that share the existing two commercial entrances.
On behalf of Stu City Lodging, LLC we are requesting approval of this application for rezoning.
This redevelopment project will provide significant enhancement to the site and provide an
updated and quality hotel. It will provide for the rehabilitation of the existing motel site and will
be a valuable asset for the surrounding commercial area, which will serve to further benefit the
City of Roanoke.
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LEGAL DESCRIPTION A,
ZONING PARCEL 41
Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, and a portion of 3020203
Beginning at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast
comer of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the
Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.;
thence N 02 °53'24" E a distance of 175.00 feet to a point;
thence N 87 °06'36" W a distance of 148.39 feet to a point;
thence S 01 028'30" W a distance of 25.02 feet to a point;
thence N 86 °36'30" W a distance of 50.00 feet to a point;
thence S 01028'30" W a distance of 21.09 feet to a point;
thence N 84 010'30" W a distance of 108.16 feet to a point;
thence N 21 009'48" E a distance of 12.00 feet to a point;
thence N 68050'12" W a distance of 5.00 feet to a point;
thence N 21 °0948" E a distance of 74.79 feet to a point;
thence S 87 °12'35" E a distance of 162.18 feet to a point;
thence N 17 038'25" E a distance of 301.10 feet to a point;
thence S 79'11'35" E a distance of 130.73 feet to a point;
thence S 16 °39'39" W a distance of 56.09 feet to a point;
thence S 86 °08'13" E a distance of 84.64 feet to a point;
thence S 03 °51'47" W a distance of 182.54 feet to a point;
thence N 86 °08'13" W a distance of 10.49 feet to a point;
thence S 0l'2 1'49" W a distance of 104.10 feet to a point;
thence N 87 006'36" W a distance of 139.40 feet to a point;
thence S 02 °53'24" W a distance of 150.00 feet to a point;
thence N 87 °06'36" W a distance o£6.58 feet to a point;
which is the point and place of beginning, containing 2.1039 Acres (91,644 square feet).
LEGAL DESCRIPTION Be
ZONING PARCEL #2
Tax Parcels 3020207 and a portion of 3020203
Commencing at a point along the Northerly right of way of Orange Avenue, N.E. at the
Southeast comer of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the
Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence
S 87 006'36" E a distance of 6.58 feet to the point of beginning;
thence N 02 °53'24" E a distance of 150.00 feet to a point;
thence S 87 °06'36" E a distance of 139.40 feet to a point;
thence S 01 °21'49" W a distance of 150.05 feet to a point;
thence N 87 °06'36" W a distance of 143.40 feet to a point;
which is the point and place of beginning, containing 0.4869 Acres (21,210 square feet).
EXHIBIT C - EXTERIOR HOTEL PERSPECTIVE
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Star City Lodging, LLC
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ZONING AMENDMENT PROFFERED CONDITION:
ZONING PARCEL #1
The applicant hereby agrees to proffer the following condition as they apply
to the 2.104 Acre +/- Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223,
and a portion of 3020203 being rezoned from CG TO MXPUD.
1. The property will be developed in substantial conformance with the development plan,
prepared by Balzer and Associates Inc., dated October 30, 2017 and attached hereto as
Exhibit A, "Development Plan ", subject to those changes which may be required
by the City of Roanoke during comprehensive development plan review.
ZONING PARCEL #2
The applicant hereby agrees to proffer the following condition as they apply
to the 0.48 Acre +/- Tax Parcel 3020207 and a portion of 3020203 being rezoned from
CG TO CG with Conditions.
1. No vehicular access shall be permitted from the Orange Avenue right of way. Access
shall be from the shared entrance on the western portion of the property. Access indicated
as "Existing Access A" as shown on the plan titled " Holiday Inn Express — Development
Plan' dated 10/30/2017 prepared by Balzer and Associates.
2. A cross access easement shall be granted for the subject zoning parcel to allow vehicular
and pedestrian cross access within the applicable drive aisles to Existing Access A.
ZONING DISTRICT MAP
536 Orange Ave NE, 0 Orange Ave NE,
RM 2 Res Mixed Density
0 Williamson Rd NE, 0 Short St NW,
0 Louisiana Ave NE, 0 Louisiana Ave NE,
a
0 Louisiana Ave NE, 0 Louisiana Ave NE
Official Tax Parcels: 3020203, 3020207,
3020209 ,3070909,3041712,3041713,
at,.n and
ROS. RecreaCOn and Open Spat¢
3041714, and 3042223, respectively
...
®Area se be Rezoned
_ OF Urban Flex
Zoning
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INPUD. Institutional PlannW Und Dev
IPUD Indust, al Planned U itDev
MX'. Mixed Use
MXPUD Mixed Use Planned Unit Dev
R -12. Rea Single Family
R -3'. Res SingleFamlly
R -5 Res Singe-Family`,'';
R -T. Res Single-Family
RA'. Res- Agricultural,
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Industrial
pOCAHONTAS AVE — — — — — — — — — -
ORANGE AVE
RM 1 Res Mixed Density
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RM 2 Res Mixed Density
RMF. Res
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Roam 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail elerk/µrpanp key..,.,
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WERR, CMC
Assistant Deputy City Clerk
January 2, 2018
REVISED
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am attaching copy of Ordinance No. 41 02 5- 1 21 81 7 vacating a portion of Villa Heights
Park as a public park for recreational and open space uses and releasing the public's
right to use a portion of Villa Heights Park; authorizing the City Manager to execute
documents and to take any and all actions necessary to effect City Council's intent as
evidenced by the adoption of this Ordinance.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 18 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Melki Properties LLC, 5509 Coleman Road, S. W., Roanoke, Virginia 24018
Welcome Home Properties VA II LLC, 1743 Innsbrooke Drive, Salem, Virginia
24153
Albert C. and Cynthia V. Brown, 1055 Forest Park Boulevard, N. W., Roanoke,
Virginia 24017
Calvin E. and Jerry A. Childress, 1037 Forest Park Boulevard, N. W., Roanoke,
Virginia 24017
Agnes H. Hicks, 1106 Crescent Street, N. W., Roanoke, Virginia 24017
Thien M. Tran, 1024 Crescent Street, N. W., Roanoke, Virginia 24017
CFR BEC LLC, 11124 Kingston Pike #119 -242, Knoxville, Tennessee 37934
Robert S. Cowell, Jr.
December 19, 2017
Page 2
pc: James Beverly Keeling, 2202 Ranch Road, N. W., Roanoke, Virginia 24017
Kevin T. Hill, 2123 Orange Avenue, N. W., Roanoke, Virginia 24017
James B. and Dolores G. Keeling, 2202 Ranch Road, N. W., Roanoke, Virginia
24017
Barbara A. Saunders - Adams, 289 Summit Avenue, Hachesack, New Jersey
07601
Donte L. Campbell, 1034 Crescent Street, N. W., Roanoke, Virginia 24017
Lucy Belle and William Green, 1018 Crescent Street, N. W., Roanoke, Virginia
24017
Anita L. Ford, 2730 Clifton Avenue, N. W., Roanoke, Virginia 24017
Tommy Nguyen, 5007 Meadow Crossing Lane, N. W., Roanoke, Virginia
24019
Sandra H. Pinnock, 2571 Alder Street, N. W., Roanoke, Virginia 24017
Glenna Hairston, 1039 Forest Park Boulevard, N.W., Roanoke, Virginia 24017
Beatrice Johnson - Life Estate, 1114 Crescent Street, N. W., Roanoke, Virginia
24017
Roy W. Basham, 1030 Crescent Street, N. W., Roanoke, Virginia 24017
Vincent A. Board, 3808 Sioux Ridge Road, N. W., Roanoke, Virginia 24017
Daniel J. Callaghan, City Attorney
Wayne Bowers, Director of Economic Development
Michael Clark, Director, Parks and Recreation
Tina Carr, Secretary, City Planning Commission
Steven J. Talevi, Assistant City Attorney
Luke Pugh, City Engineer
Susan Lower. Director of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41025- 121817.
AN ORDINANCE vacating a portion of Villa Heights Parkas a public park for recreational
and open space uses and releasing the public's right to use a portion of Villa Heights Park;
authorizing the City Manager to execute documents and to take any and all actions necessary to
effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the
second reading of this Ordinance by title.
WHEREAS, Villa Heights Park is an open air park consisting of two parcels of City -owned
real property: (i) a parcel of real property situated at 1201 Prillaman Avenue, N.W., Roanoke,
Virginia, bearing Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) a parcel of real property
situated at 2750 Hoover Street, N.W., bearing Official Tax Map No. 2430601 (Recreation Center
Parcel);
WHEREAS, Villa Heights Park is shown in Vision 2001 -2020, the City's Comprehension
Plan, as a public park;
WHEREAS, it is the intent of the City of Roanoke, Virginia, to transfer the Recreation
Center Parcel, to Restoration Housing or its permitted assignee (Buyer), pursuant to the Contract for
the Purchase and Sale of Real Property between the City of Roanoke and Restoration Housing for
Official Tax Map No. 2430601, which was authorized by City Council by Ordinance No. 40903-
080717, adopted on August 7, 2017, to restore and renovate the property for use as a recreation
facility for children to be operated by a third party;
WHEREAS, the sale of the Recreation Center Parcel to the Buyer and restoration and
O- Vacation of portion of Villa Hci h6 Park (12 18.17)
renovation to be made by Buyer will preclude the use of the Recreation Center Parcel portion of
Villa Heights Park as a public park;
WHEREAS, the City Administration has filed an application pursuant to Section 15.2 -2232
of the Code of Virginia (1950), as amended, requesting that the Recreation Center Parcel portion of
Villa Heights Park be vacated and that the public's right to use the Recreation Center Parcel portion
of Villa Heights Park be released;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by Section 15.2 -2204 of the Code of Virginia (1950), 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
December 19, 2017, alter due and timely notice thereof as required by Section 15.2 -2204 of the Code
of Virginia (1950), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the application; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, finds that the public necessity, convenience and general welfare,
require the vacation of the Recreation Center Parcel portion of Villa Heights Park and the release of
the public's right to use the Recreation Center Parcel portion of Villa Heights Park, and for those
reasons, is of the opinion that the hereinafter described application should be granted.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
The portion of Villa I [eights Park, designated as Official Tax Map No. 2430601, and
known as 2750 Hoover Street, N. W, Roanoke, Virginia, and described herein as the Recreation
0 Va.wt of,nm. of Villa He,,hN Park(12.IA. 17)
Center Parcel, is vacated as a public park for recreational and open space uses.
The public's right to use the portion of Villa Heights Park, designated as Official Tax
Map No. 2430601, and known as 2750 Hoover Street, N.W., Roanoke, Virginia, as described herein
as the Recreation Center Parcel, is released.
3. The City Manager is authorized to execute any and all documents, the form of all of
such documents to be approved by the City Attorney, and to take any other actions consistent with
the intent of City Council to vacate the Recreation Center Parcel portion of Villa Heights Park and
release the rights of the public to use the Recreation Center Parcel portion of Villa Heights Park as
evidenced by the adoption of this Ordinance.
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. �-✓ �
0-Vacation or portion of Villa Heights Park ([2.18.17)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: Application by the City of Roanoke to vacate a portion of Villa
Heights Park and to release the public's right to use a portion of
Villa Heights Park, such portion being located at 2750 Hoover
Street, N.W., and designated in its entirety as Official Tax Map No
2430601.
Recommendation
The Planning Commission held a public hearing on Monday, December 11,
2017. By a vote of 6 - 0 the Commission recommended approval of the
request, finding that the Application for vacation of and release of the public's
right to use a portion of Villa Heights Park, such portion being the entirety of
real property owned by the City of Roanoke located at 2750 Hoover Street,
N.W., and designated as Official Tax Map No. 2430601, is a reasonable request.
The existing historic building located at 2750 Hoover Street, N.W. was built
around 1830 as a 5,036 square foot early Classical Revival house and was home
to the McClanahan family on land once owned by William McClanahan, one of
the first settlers in the area. The property passed through many families before
the City of Roanoke acquired the property from the Bateman family in 1958.
Through the subsequent years, the city used the property primarily as a
recreation center. In 2007 -2008, the recreation center was closed due to
resource constraints, and has been vacant since that time. The property was
badly damaged by a fire in 2011 and, until recently, has been open to the
weather. For many years, the City sought a prospective owner to restore the
building as the property was no longer used, but of historic value to the
community.
On August 7, 2017, City Council authorized a contract for the Purchase and
Sale of the property at 2750 Hoover Street, N.W., for the restoration and
renovation for use as a recreation facility for children operated by a third party
local non - profit organization.
Planning Commission Public Hearing (December 11 2017):
Anita Ford, 2730 Clifton Street, N.W., questioned whether the neighborhood
children and groups would be able to continue using the facility. Isabel
Thorton, Restoration Housing, responded that they would be amenable to
public use, but would need the tenant's approval first.
Kermit Hale, Chair
City Planning Commission
Robert S. Cowell, Jr., 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
OFFICE °f THE CITY MANAGER RECEIVED
Nuif �nYlw MUrnnMI DUrWrrrp
LS Clrv,rar Avnrue.5 W IWOnr ] W
POW IlmnokC Vvyrnm 31011
NOV 21 2017
R
CITY
OA N O K E
PLANNING INNG G BUILDING &
DEVELOPMENT
November 21, 2017
Roanoke City Planning Commission
c/o Ian Shaw, Agent of the Planning Commission
Noel C. Taylor Municipal Building
215 Church Avenue, S.W. Room 170
Roanoke, Virginia 24011
Re: Application for vacation of a portion of Villa Heights Park and
to release the public's right to use a portion of Villa Heights
Park on real property owned by the City of Roanoke, such
real property located at 2750 Hoover Street, N.W., and
designated as Official Tax Map No. 2430601.
Dear Planning Commission:
Villa Heights Park (Park) is an open air park which contains a currently vacant
historic building previously used as a recreation center, which was closed in
2007, and which was further damaged by fire in 2011, a small playground and
a softball field. The Park consists of two parcels of City -owned real property: (1)
a parcel of real property situated at 1201 Prillaman Avenue, N.W., bearing
Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) a parcel of real
property situated at 2750 Hoover Street, N.W., bearing Official Tax Map No.
2430601 (Recreation Center Parcel). The Park is shown in Vision 2001 -2020,
the City's Comprehensive Plan, as a public park. For a number of years, the
City has been seeking and considering proposals for the effective and beneficial
use of the Recreation Center Parcel portion of the Park, and the appropriate
restoration and renovation of the former / vacant recreation center situated at
the Recreation Center Parcel.
Upon holding the required public hearing on August 7, 2017, City Council, by
adoption of Ordinance No. 40903 - 080717, authorized the execution of a
Contract for the Purchase and Sale of Real Property (Contract) between the City
of Roanoke and Restoration Housing (Buyer) for the Recreation Center Parcel
which contains the former recreation center building and a small adjacent
playground. The Ball Field Parcel portion of the Park is not included in the
proposed property conveyance. The Buyer intends to restore and renovate the
former recreation center building for use as a recreation facility for children
operated by a third party. In accordance with Section 4 A. 4 of the Contract,
Buyer has waived all conditions precedent to Buyer's performance and has
notified the City of Buyer's intent to proceed with the acquisition of the
Recreation Center Parcel and the restoration and renovation of such property in
accordance with the Contract. A copy of the executed Contract, dated August 9,
2017, is attached to this application for the Planning Commission's
information.
The City Administration files this application pursuant to Section 15.2 -2232 of
the Code of Virginia (1950), as amended, requesting that the Recreation Center
Parcel portion of the Park (designated as Official Tax Map No. 2430601) be
vacated and that the public's right to use the Recreation Center Parcel portion
of the Park be released. Such action is necessary to allow the City to convey the
Recreation Center Parcel pursuant to the terms and conditions of the Contract
and for Renovation Housing, or its subsidiary or affiliate as permitted under the
Contract, to then proceed with its intended restoration of the former recreation
center building. City Council authorized the filing of this petition at its meeting
on November 20, 2017. Accordingly, the City Administration respectfully
requests that this matter be scheduled for the City Planning Commission's
December 11, 2017 meeting, and that the City Planning Commission
recommend to City Council that the portion of the Park identified herein as the
Recreation Center Parcel and designated as Official Tax Map No. 2430601 be
vacated as a public park and that the public's right to use the Recreation Center
Parcel portion of the Park be released. A proposed ordinance for consideration
by City Council is also attached to this application.
Respectfully submitted,
R, Jr.
City Manager
Attachment
Cc: R. Brian Townsend, Assistant City Manager for Community Development
Chris Chittum, Director of Planning, Building, and Development
Tina Carr, Planning Coordinator / Secretary to the Planning Commission
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated August
9, 2017, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal
corporation ( "Seller" or "City "), and RESTORATION HOUSING, a Virginia non -stock
corporation ('Parent'), and its subsidiaries or affiliates that may be created to own and /or
operate the Property described below (together, such subsidiaries and affiliates are
"Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the
"Buyer ").
RECITALS:
WHEREAS, Seller is the owner in fee simple of certain real property located at
2750 Hoover Street, N.W., Roanoke, Virginia 24017, Official Tax Map No. 2430601,
known as the Villa Heights Recreation Center, containing approximately 3.4056 acres,
together with all improvements thereon, as shown and described more particularly in the
attached Exhibit I (`Property ");
WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is
desirous of acquiring such Property for intended purposes as set forth in a document
entitled "Development Proposal," prepared by Restoration Housing, and dated May 11,
2017, attached hereto and incorporated herein by reference, together with such
supplements, additions, and amendments that Buyer shall make prior to closing and shall
be attached hereto ( "Proposid ");
WHEREAS, the Building located on the Property is currently vacant and in
disrepair, the Property has an assessed value of $31,000, and Seller will sell the Property
to Buyer for a price less than the assessed value provided Buyer fully complies with all
terns and conditions as set forth in this Contract and, if Buyer fails to comply with such
terns and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or
for such other remedies available to Seller as set forth in this Contract or by law;
WHEREAS, the City desires that development of the Building in accordance with
the Proposal ('Project ") proceed and the City has determined that the Project will
promote economic development within the City and within the Roanoke Region and the
Project will provide additional tax revenue, services, and employment opportunities to
benefit the citizens of the City and the Roanoke Region; and
WHEREAS, Buyer has requested to make certain infrastructure improvements to
the Building prior to Closing to assist in the development of the Project and Seller is
willing to allow Buyer to make certain infrastructure improvements in accordance with
the terms of this Contract;
THEREFORE, for and in consideration of the mutual covenants and conditions
herein set forth in this Contract including the Recitals above, which Recitals are
incorporated herein and made a part of this Contract and other good and valuable
Cumran for Sale (Final 07,28 20171
consideration, the receipt and sufficiency of which is acknowledged by the parties hereto,
Seller and Buyer hereby agree as follows.
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the
following terms shall have the meanings set forth in this Section,
Buildin : An approximately 5,036 square foot facility currently located on the Property,
in its current condition.
Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned
renovation of the building on the Property in which to provide a commercial development
and parking spaces related to such development and being compatible with the current
zoning classification of Recreation & Open Space, as set forth in a document entitled
"Development Proposal," prepared by Restoration Housing, and dated May 11, 2017, a
copy of which is made a part hereof and marked as Exhibit 2, together with such
supplements, additions, and amendments thereto that Buyer shall make to provide
additional details with respect to the Projcct. Such supplements, additions, and
amendments shall be attached to this Contract prior to Closing and shall be a part of this
Contract.
Closing: The consummation of this Contract by Seller's delivery of a Special Warranty
Deed to the Property to Buyer.
Closing Date: The date provided for in Section 12 hereof for the Closing.
Construction Activity: The receipt of all Permits and Approvals and the initiation of
site work on the Property by Buyer.
Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer
has commenced Construction Activity to the reasonable satisfaction of Seller, which date
shall be no later than 12 months after the Closing Date.
Contemplated Use: The development of the Property by Buyer for the purpose of
leasing up to two tenants, Substantially Completed not later than 18 months after the
Commencement Date.
Days: Unless otherwise stated, this term means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record,
this Contract, the Restrictive Covenant, and as set forth in the Title Commitment. The
Deed shall also be subject to all obligations of Buyer under the terms of this Contract.
Governmental Authority: Gavemmental Authority means the United States of
America, the Commonwealth of Virginia, any other state of the United States, the City,
COGI.o fnr S.Ie 6iml 07 29 10 1 b 1
any Federal, state, regional, or local body, commission, or agency having jurisdiction
with respect to the construction, development, occupancy, use, and operation of the
Property as contemplated in the Project.
Insurance Proceeds: Insurance Proceeds means the sum of $234,000 received by Seller
as the result of a fire casualty loss for damage sustained by the Building.
Permits and Approvals: All permits, approvals, consents, and authorizations issued by
a Governmental Authority that are required for the construction, and use of the Property
as contemplated in the Project, all such permits, approvals, consents, and authorization
having been finally issued and subject to no condition unacceptable to Buyer and subject
to no appeal.
Plans or Plan: These terns mean the design plans and /or drawings and /or other
documents as approved by the City of Roanoke Department of Planning, Building and
Development.
Project: This tern means and includes the renovation of an approximately 5,036 square
foot facility, to be developed by Buyer in accordance with the Proposal, as well as any
related and /or connected work that may be required and /or done on any part of the
Properly in addition to the Building, all in accordance with the tens and provisions of
this Contract.
Property: The real property located at 2750 Hoover Street, N.W., Roanoke, Virginia
24017, designated as Official Tax Map No. 2430601, and containing approximately
3.4056 acres, together with all improvements thereon. The Property is described as (i)
"Tract A" as shown on a plat prepared by LMW, P.C., entitled "Plat of Survey Showing
the Boundary Line Adjustment and Property Line Vacation by and between "Lot Acreage
Forest Park" 2.5521 Acres and "Lot I to 28 Forest Hill Inc." 4.9695 Acres Both
Properties Owned by the City of Roanoke and Creating Hereon Tract "A" (3.4056 Acres)
Tract "B" (4.1160 Acres) and Located on Hoover, St. N.W. and in the City of Roanoke,
Virginia" with a date of July 22, 2010 ( "Plat "), and (ii) being a portion of the property
conveyed to Seller by deed dated August 7, 1958, from Georgia B. Bateman, widow,
Ernestine A. Bateman, single, Florence C. Bateman, widow, Harry H. Bateman and
Odessa Smith Bateman, his wife, Ramona Bateman Schaut and Thomas Edward Schaut,
her husband, D. Cletis Richards and Raymond R. Richards, her husband, Pauline E. Diehl
and Vernon Diehl, her husband, and Willis S. Bateman and Eunice B. Bateman, his wife,
of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in
Deed Book 1036, Page 379. The Property is more particularly described in Exhibit I
attached hereto and made a part hercof. The Property is subject to all liens,
encumbrances, easements, and restrictions of record. The description of the Property
may be amended to reflect the description established by survey in the event that Buyer
has the Property surveyed prior to Closing.
Purchase Price: The sum of $1.00 to be paid by Buyer for the acquisition of the
Property from Seller.
Comma for Sala (F.ne107 28 20 11) 1
Restrictive Covenant: The restrictions in the Deed that require Buyer to perform all
obligations of Buyer as set forth in Section 5.6 of this Contract and the rights and of
Seller.
Conformance: Development of the Property by Buyer in accordance with the
Contemplated Use and Plans and where a final certificate of occupancy has been issued
to Buyer Frain the City of Roanoke Department of Planning, Building and Development
for the Building, as set forth in the Plans.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property
to be issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to
Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase, the
Property from Seller, upon all the terms, covenants, and conditions set forth in
this Contract.
B. The purchase price for the Property ( "Purchase Price ") shall be One Dollar
($1.00) payable in cash or certified check from Buyer to Seller at Closing,
together with the other obligations of Buyer as set forth in this Contract.
SECTION J. BUYER'S RIGHT TO MAKE IMPROVEMENTS TO STABILIZE
BUILDING.
A. Seller agrees that Buyer shall have the right to enter and access the Property and
the Building at any time after the date of this Contract, upon two (2) working days
prior written notice to the Seller, in order to make improvements necessary to
stabilize the Building prior to the Closing Date,
B. Buyer shall: (i) be responsible for all Permits and Approvals required for the
construction to stabilize the Building, if any are required, (ii) provide plans to
Seller, (iii) at its sole expense, prior to entering the Property, obtain and maintain
during the life of this Agreement the insurance policies as set forth in Section
17.B.6, (iv) provide indemnity to the Seller as set forth in Section 17.6.3, and (v)
be responsible for any damages resulting from the activity or activities of Buyer,
its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on said Property in the exercise of the rights
under this Section,
C. Buyer agrees that Buyer shall be solely responsible for all expenses related to the
construction required to stabilize the Building. In the event this Contract
Corr a r for Salc (hoot 07 ,x8 2017)
terminates before the Closing Date, for any reason, Buyer agrees that Seller will
not reimburse Buyer for any of Buyer's expenses incurred to stabilize the
Building. In the event that this Contract terminates prior to completion of the
work approved by Seller, Buyer shall complete such work at its sole war and
expense.
D. Upon completion of the work to stabilize the Building, Buyer shall provide to
Seller evidence that all payments to contractors and subcontractors for the design,
engineering, demolition, and construction work necessary to complete
stabilization the Building has been fully paid, including receipt of payment and
waivers of mechanics' liens from all contractors and subcontractors.
E. Buyer acknowledges and understands that there are numerous risks that Buyer
may be subject to during such work including, but not limited to, the following:
tripping, falls, falling objects, sharp objects, nails, dust, lead paint, asbestos,
electric cords and wires, various building materials, holes in the floor, uneven or
loose flooring, and other such items. Buyer further acknowledges and
understands that as a result of such risks and dangers, both known and unknown,
involved in such work, Buyer could suffer serious bodily injury, death, and /or
property damage, including, but not limited to, physical or personal injury,
disease, psychological injury, mental injury, emotional injury, death, permanent
or partial disability, exposure to harmful substances, property loss and/or
damages, and various other type of injuries and /or damages of any type or nature.
NOTWITHSTANDING the above warnings, and with full and complete
understanding of all dangers and risks the work involves, Buyer voluntarily
assumes full responsibility for all risks and for any and all personal and bodily
injuries, death, property damages and any other injuries or damages of any type
that may happen to Buyer from Buyer's participation in the work, and Buyer
assumes all risks inherent to this work.
SECTION 4. CONDITIONS PRIOR TO CLOSING.
A. I. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Seller,
as of the Closing, shall have complied with Sellers obligations in this
Contract, Seller's representations and warranties in Section I1 of this
Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's
delivery to Buyer on the Closing Date of title to the Property and other
documents as prescribed in Section 12, Buyer shall have obtained all
Permits and Approvals, and Buyer shall be satisfied with the results of its
due diligence and inspections undertaken pursuant to Section 17.
2. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Buyer
shall have obtained final approval to use state historic rehabilitation tax
credits for the Project from the Virginia Department of Historic
Comrem fnr S, I. (Fi.,I 07.SX 2017
Resources. Buyer shall initiate the approval process for such tax credits no
later than August 31, 2017, and Buyer shall diligently pursue approval.
3. As a condition precedent to Seller's obligation to sell the Property or
otherwise to perform any obligations provided for in this Contract, Buyer,
as of the Closing, shall have complied with Buyer's obligations,
representations, and warranties in this Contract.
4. As a condition precedent to Seller's obligation to sell the Property or
otherwise to perform any obligations provided for in this Contract and to
Buyer's obligation to purchase the Property, City Council shall release
Seller's right to maintain and operate Villa Heights Park at the Property
(the "Council Release "). Upon completion of inspections and due
diligence by Buyer as provided in Section 17 of this Contract and
notification from Buyer that Buyer intends to proceed, Seller shall initiate
appropriate proceedings as required by applicable laws of the
Commonwealth of Virginia and ordinances of the City to request City
Council to consider the release of Seller's right to operate Villa Heights
Park at the Property.
B. Buyer and /or Seller may, at any time on or before the Closing Date, at its
respective election, waive in writing any of the other party's conditions precedent
referenced in this Section 4, and Buyer's and Seller's consummation of the
transaction on the Closing Date shall waive all such conditions precedent.
C In the event that the Closing has not occurred through no fault of Seller and all
conditions precedent to Buyer's obligations to purchase the Property have been
satisfied on or before the Closing Date, Seller, by written notice given to Buyer,
shall provide Buyer with a ten (10) Day cure period from the Closing Date in
which to deliver the Purchase Price and proceed with Closing. If Closing has not
occurred within such additional time period through no fault of Seller and all
conditions precedent to Buyer's obligations to purchase the Property have been
satisfied, this Contract shall automatically be terminated without any further
action. In the event of any termination as set forth above, this Contract shall be
deemed terminated and of no further force and effect, except with regard to
Buyer's obligations pursuant to Section 3.0 of this Contract and Buyer's
indemnity obligations, both of which obligations shall survive the termination of
this Contract.
D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within
a reasonable period of time after receipt of any preliminary or final survey, test
results or conclusory reports and opinion statements, deliver copies of same to
Seller. If Seller so requests, Buyer shall also turn over copies of raw data
obtained and any laboratory and observation reports or analyses. Such copies of
all the above shall be provided to Seller without charge. Neither Buyer nor the
Connect for Sale (Final 07 29_'011)
provider of the report makes any representations or warranties to Seller about
such reports or opinions and Seller may not rely on such information.
Also, in the event all of Buyer's conditions precedent to its obligation to purchase
the Property have not been satisfied by July 31, 2018, through no fault of its own,
then Buyer shall have a right to terminate this Contract by written notice given to
Seller. In the event of any termination as set forth above, this Contract shall be
deemed terminated and of no further force and effect and Buyer shall have no
liability or obligations hereunder, except with regard to Buyer's obligations
pursuant to Section 3.0 of this Contract and Buyer's indemnity obligations, both
of which obligations shall survive the termination of this Contract.
Buyer, its officers, agents, employees, contractors, subcontractors, licensees,
designees, representatives and consultants, shall at all times comply with all
applicable federal, state, and local laws, rules, and regulations. Buyer, its officers,
agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, prior to exercising any rights under this Section 4,
shall obtain, at their cost, any and all Pennies and Approvals for such work.
SECTION 5. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
Seller's Obligations.
At the Closing, Seller agrees to sell to Buyer the Property and deliver the
Deed to Buyer in accordance with the terns of this Contract.
Buyer's Obligations.
Buyer agrees and promises that it will do and /or has done the following at
Closing:
(i) Buyer will purchase the Property from Seller for the Purchase
Price of One Dollar ($ 1.00) and will make payment in accordance
with the terns of this Contract.
(ii) Buyer accepts the Property in an "AS IS" condition and
acknowledges and agrees that Seller makes no representations or
warranties with respect to the Property other than what is contained
within this Contract. Buyer agrees that Buyer is taking the
Property without any warranties or representations from Seller and
that Buyer has had sufficient opportunities to fully examine the
Property, and that Buyer shall comply with all environmental and
other laws in developing the Property.
Conlmcl for Salc (Final 0729 2U17)
(iii) Buyer shall promptly pay for all advertising costs and any related
fees or costs connected with this Contract and /or the sale of the
Property, including, but not limited to costs for any advertisement
of required public hearing(s). Such payment shall be made directly
to the entity providing the advertising or other service, or to Seller,
as Seller may direct.
(iv) Buyer agrees that the conditions and obligations of Buyer under
this Contract are conditions and obligations that shall be
incorporated either directly or by reference in any deed to the
Property from Seller to Buyer, shall survive Closing, and shall be
binding on Buyer's successors and assigns.
B. Post - Closing Performance Obligations of Buyer.
Buyer acknowledges and agrees that a part of the consideration for the Seller is
the Buyer's commitment to develop the Project in accordance with Buyer's
Proposal and the performance of this commitment. Buyer agrees to perform each
of the following obligations in accordance with the terms and conditions set forth
in this Contract.
Buyer will develop the Property in accordance with Buyer's Proposal and
Plans. Completion of this development shall be pursued diligently and
timely by Buyer and Buyer shall be solely responsible for satisfying its
obligations hereunder subject to delays caused by events set out in Section
32 of this Contract. TIME SHALL BE OF THE ESSENCE WITH
RESPECT TO EACH AND EVERY OBLIGATION OF BUYER
HEREUNDER.
2. Buyer shall commence Construction Activity by the Commencement Date
to the reasonable satisfaction of Seller. For the purposes of this Contract,
"Construction Activity" shall mean: Buyer has hired a contractor or
contractors to construct and complete the Project and that such
contractor(s) has obtained the required building permits and licenses and is
actively working on the Project and will continue to do so, subject to
delays caused by events set out in Section 32 of this Contract, without
interruption, until the Project is completed. Failure to meet these
requirements shall be a material breach of this Contract for which Seller
shall have its remedies, at law or in equity, together with its remedies as
set forth in Section 16.13 hereof.
3. All design, engineering, demolition, and construction work necessary to
complete the Project in accordance with Buyer's Proposal in accordance
with the Plans shall be Substantially Completed by 18 months after the
Commencement Date. In the event that Buyer fails to Substantially
Complete the Project in accordance with this Section, Buyer shall be in
Contmet for Sale ffinal atla ?D171
material breach of this Contract for which Seller shall have its remedies, at
law or in equity, together with its remedies as set forth in Section 16.8
hereof.
All payments due to contractors for the design, engineering, demolition,
and construction work necessary to complete the Project in accordance
with Buyer's Proposal in accordance with the Plans, except to the extent
Buyer may have a bona fide claim or basis for withholding or reducing
such payments, shall be paid by Buyer to all contractors and
subcontractors by the later of 24 months after the Commencement Date or
3 months after the final, permanent certificate of occupancy is issued. In
the event that Buyer fails to make all payments to contractors and
subcontractors in accordance with this Section, Buyer shall be in material
breach of this Contract for which Seller shall have its remedies, at law or
in equity, together with its remedies as set forth in Section 16.0 hereof.
Buyer shall file all appropriate and applicable real estate taxes, other taxes,
stormwater utility fees, other fees assessed against owners of real property,
and other tax fortes or notices with the City and timely pay all such taxes
and fees to the City as of 24 months after the Commencement Date. In the
event that Buyer fails to file tax forms or notices or timely pay such taxes
and fees in accordance with this Section, Buyer shall be in material breach
of this Contract for which Seller shall have its remedies, at law or in
equity, together with its remedies as set forth in Section 16.0 hereof.
Buyer agrees to and shall provide written progress reports (which may be
by email) to the Seller's Assistant City Manager for Community
Development four times a year, on the 1st day of the months of January,
April, July, and October subsequent to Closing and until Substantial
Completion. Such progress reports shall provide the Seller with sufficient
information regarding Buyer's status as to performance of Post - Closing
activities to meet the terms of this Contract and to alert Seller to any
issues, problems, or delays that Buyer has encountered or anticipates
Buyer may encounter.
Buyer acknowledges and agrees that Buyer shall not sell, transfer, or
otherwise dispose of the Property, any portion of the Property, or any
interest in the Property, other than a deed of trust or mortgage in
connection with the development and construction of the Project, until the
Property has been developed completely in accordance with the Proposal
and subsequent Plans, and a final, permanent certificate of occupancy
issued by the City of Roanoke Department of Planning, Building and
Development has been granted to Buyer for the Building developed on the
Property pursuant to the Plans. If Buyer conveys, transfers, or attempts to
convey or transfer the Property, any portion of the Property, or any interest
in the Property, such conveyance shall be deemed void, of no force or
Comnwl rur S.1e(Ana1 07 28 2017,
effect, and a breach of this Contract. Any deed of trust shall be expressly
subordinate to the rights and remedies of Seller set forth in this Contract.
Notwithstanding any of the foregoing, there shall be no restriction on
Buyer transferring the Property or any interest therein at any time to any
wholly owned subsidiary of Buyer, subject to the terns of this Contract.
Buyer recognizes that Seller is selling the Property to Buyer at a
discounted sales price. The parties acknowledge and agree that as of the
date of this Contract, the assessed value of the improvements on the
Property, including the Building, by the City of Roanoke's Director of
Real Estate Valuation is $31,000. In the event, Buyer subdivides, sells or
otherwise conveys the Property, or any interest therein, or sells or
otherwise transfers any membership interest in the entity created by Parent
to acquire and own the Property, excluding, however, any transfer of any
membership interest in such entity in connection with the syndication of
the Project for purposes of tax credits made available for the Project, at
any time after the Closing Date or within ten years after issuance of the
final certificate of occupancy by the City's Planning, Building and
Development Department, Buyer agrees to pay to Seller Insurance
Proceeds, whether or not the Property has depreciated or appreciated in
value, provided that the Seller agrees that ten percent (10 %) of the
Insurance Proceeds shall be forgiven by Seller each year after the issuance
of the final certificate of occupancy until the Insurance Proceeds are
reduced to zero.
Seller acknowledges that Buyer intends to apply for the City's Real Estate
Tax Partial Exemption on Rehabilitated Buildings program, as described
in Roanoke City Code Sec 32- 101.20, et seq.
C. Post - Closing Performance Obligations of Seller.
Seller agrees to perform the following obligation in accordance with the terms and
conditions set forth in this Contract:
Upon Buyer (i) Substantially Completing the Project; (ii) making all payments to
contractors and subcontractors in accordance with Section 5.13.4; (iii) providing
evidence of payment in full to all contractors and subcontractors, including
executed mechanics' lien waivers from all contractors and subcontractors; and
(iv) filing tax forms or notices and timely paying such taxes and fees in
accordance with Section 5.B.5, Seller agrees to pay to Buyer the Insurance
Proceeds. This obligation of Seller is subject to the remedies pursuant to Sections
16.B and 16.0 of this Contract.
Conimei I'or sine (rina107 28 2017) 10
D. Obligations Survive Closing.
I. Buyer agrees that the conditions and obligations of Buyer under this Contract
are conditions and obligations that shall be incorporated either directly or by
reference in any deed to the Property from Seller to Buyer, shall survive
Closing, and shall be binding on Buyer's successors and assigns. These
conditions and obligations of the Buyer which survive the Closing shall run
with the land Upon the written request of Buyer after satisfaction of one or
more conditions or obligations by Buyer which survived the Closing, the City
shall verify, satisfaction of such conditions or obligations by Buyer and, upon
verification, the City shall execute and deliver to Buyer a document in which
the City acknowledges the satisfaction of such conditions or obligations of the
Buyer which survived the Closing. Such document shall be in a form suitable
for recording in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia. The Como of the document shall be approved by the City
Attorney and shall acknowledge satisfaction of only those conditions or
obligations of Buyer specifically set forth in such document and shall further
provide that all other conditions and obligations of Buyer (except for those
previously satisfied and acknowledged by the City in writing) remain in full
force and effect. If requested by Buyer, the City shall provide a separate
document following the satisfaction of each condition or obligation of the Buyer
hereunder. The Buyer shall be responsible for the costs of recording each such
document.
Z. Seller's obligation set forth in Section 5.0 shall survive the Closing, subject
to strict compliance by Buyer with respect to the conditions of Section S.C.
SECTION 6. COMPLIANCE WITH LAWS
Buyer agrees to and shall comply with all applicable federal, state, and local laws,
ordinances, and regulations, including all applicable licensing requirements. Buyer
further agrees that Buyer does not, and shall not during the performance of this Contract,
knowingly employ an unauthorized alien as defined in the federal Immigration Reform
and Control Act of 1996.
Buyer acknowledges and agrees that (i) the Project is subject to all applicable ordinances,
regulations and rates of each Governmental Authority having jurisdiction over the
Project; and (ii) approval of this Contract by Roanoke City Council does not obligate any
department or agency of the City to grant any permit or approval required by Buyer from
the City to develop, construct, and operate the Project.
SECTION 7. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written
consent of Seller, which will not be unreasonably withheld; and any such assignment
shall not relieve Buyer of any of its obligations under this Contract; provided that Parent
Cunl20 for Sale I final 07 .28 20171
may close the acquisition of the Property through, or transfer the Property to, a wholly
owned Subsidiary without Seller's consent; provided, further, the Parent shall provide
Seller notice of such assignment to a wholly owned Subsidiary ten (10) Days before such
assignment is effective. The Parent and the Subsidiary shall be jointly and severally
liable as Buyer.
SECTION S. INDEMNITY.
Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and
employees free and harmless for and from any and all claims, causes of action, damages
or any liability of any type, including reasonable attorney's fees, on account of any
claims by or any injury or damage to any persons or property caused, directly or
indirectly, by any actions, omissions, or activities of Buyer or its agents, employees,
contractors, subcontractors, or representatives arising out of or connected to this Contract
or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject
to the provisions of Section 17(8)(3) of this Contract.
SECTION 9. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of
competent jurisdiction, which shall be the Circuit Court or General District Court for City
of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the
Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions
which shall not apply, and that all claims, disputes and other matters shall be decided
only by such court according to the laws of the Commonwealth of Virginia as aforesaid.
Buyer further waives and agrees not to assert in any such action, suit or proceeding, that
it is not personally subject to the jurisdiction of such courts, that the action, suit or
proceeding, is brought in an inconvenient forum or that the venue of the action, suit or
proceeding, is improper.
SECTION 10. EASEMENTS.
Buyer promises and agrees to grant and dedicate to Seller and /or the Weslem Virginia
Water Authority, at any time before Substantial Completion, all reasonably necessary
easements on Buyer's Property for the construction of infrastructure improvements
needed for or benefiting the Property and which easements are necessary to and
benefitting the development of the Project in accordance with Buyer's Proposal,
including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost
to the Seller and/or the Western Virginia Water Authority,
SECTION 11. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this
Contract, Seller warrants and represents that Seller will, in accordance with this
Contract, convey title to the Property in an AS IS condition and subject to any
items of record.
comra.� A, s,ir (find oz?s:an) 12
B. Seller further represents and warrants with respect to the Property that:
I. Title. Seller has title to the Property subject to any restrictions of record.
Seller is the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent
domain as to any part of the Property or the limiting or denying of any
right of access thereto.
3. Special Taxes. There are no special taxes or assessments relating to the
Properly or any part thereof.
4. Hazardous Materials. Seller makes no warranties or representations of
any type regarding hazardous materials of any type.
5. No Leases. There are no leases of the Property.
6. Access. Ingress to and egress from the Property is available and provided
through Hoover Street, N.W. and Clifton Street, N.W., which border the
Property.
SECTION 12. TITLE AND CLOSING.
A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the
following:
I. Ad valorem real property taxes and stonnwater utility fees for the current
year, not yet due and payable;
2. Those matters reflected on the survey, if prepared by Buyer, to which
Buyer has not objected to in writing, or, in the event that Buyer does not
perform a survey prior to Closing, all matters that would be revealed by an
accurate ground survey of the Property;
3. Easements, encumbrances, and other restrictions of record shown on the
Title Commitment, to which Buyer has not objected in writing;
4. The Restrictive Covenant;
5. Other standard exceptions contained in a Title Policy as defined in Section
12(B) below; and
b. Those items and matters set forth in this Contract and that the obligations
and undertakings of Buyer in this Contract shall survive Closing and be
C0vMCI far Sale IFiwI OIIX 20171
13
incorporated into the Deed. All of the foregoing exceptions are herein
referred to collectively as the "Conditions of Title."
B. Delivery of title in accordance with the foregoing shall be evidenced by the
willingness on the Closing Dale of the Title Company to issue, upon payment of
its normal premium, to Buyer its A.L.T.A. (form B) Owner's Policy of Title
Insurance (the "title Policy ") insuring Buyer in the amount of $260,000 in respect
to the Property and that title to the Property is vested in Buyer subject only to the
Conditions of Title.
Buyer and Seller shall consummate and complete the Closing of this transaction
no sooner than thirty (30) days but no later than sixty (60) days after satisfaction
of all conditions set forth in Section 4. Buyer shall designate the specific date on
which the Closing shall occur within such period set forth above at least thirty
(30) business days prior to the Closing Date. Under no circumstance shall the
Closing occur later than July 31, 2018, unless Seller fails to obtain the Council
Release or grants further extension periods.
D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City
Attorney, or at such other location, date, and time as shall be approved by Buyer
and Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer
the following documents:
a) Its duly executed and acknowledged Deed conveying to Buyer the
Property in accordance with the provisions of this Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work
has been performed on the Property by Seller in the one hundred
twenty -five (125) days immediately preceding the Closing Date
that could result in a mechanic's lien claim, or, if such work has
been performed, it has been paid for in full;
C) Such evidence and documents including, without limitation, a
certified copy of the ordinance adopted by Seller, as may
reasonably be required by the Title Company evidencing the
authority of the persons) executing the various documents on
behalf of Seller in connection with its sale of the Property;
d) A duly executed counterpart of a Closing Statement; and
C) Any other items required to be delivered pursuant to this Contract
or other items reasonably required by the Title Company and that
Cove «, m, Sai. IF. md 07.28 zmii 14
do not include the payment of money, indemnity, or assumption of
any liability or obligation.
E. At Closing, real properly taxes (if any), and slormwater utility fees shall be
prorated with Buyer being responsible for all periods thereafter.
P. Buyer shall pay for (i) the cost of all investigations of the Properly including but
not limited to examination of title and title insurance premiums for issuance of the
Title Policy; (it) all attorney's fees and expenses incurred by legal counsel to
Buyer; and (iii) any Grantee's tax and recording costs required to be paid in
connection with the recording of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for
Seller, if any.
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing
Date, subject to the provisions of this Contract.
SECTION 13. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of the
Property. However, if, after the date hereof and prior to the Closing Date, all or any part
of Property is subjected to a bona fide threat of condemnation or condemned or taken by
a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer
shall be promptly notified thereof in writing and within twenty (20) days after receipt of
written notice to Buyer, Buyer may by written notice to Seller elect to cancel this
Contract prior to the Closing Date, in which event all parties shall be relieved and
released of and from any further duties, obligations, rights, or liabilities hereunder, and
thereupon this Contract shall be deemed terminated and of no further force and effect, If
no such election is made by Buyer to cancel this Contract, this Contract shall remain in
full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon
the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title,
and interest of Seller in and to any awards that have been or that may thereafter be made
for any such taking or takings.
SECTION 14. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed,
except if such loss is the result of acts or omissions of Buyer or Buyer's employees,
agents, contractors, or representatives, in which case such loss shall be Buyer's
responsibility. Provided, however, if the Property is substantially damaged or destroyed
before Closing by such casualty, then either party may cancel this Contract by giving the
other party thirty (30) days written notice of such cancellation and neither party will have
any further obligations to the other (except for Buyer's indemnity obligations and
Cummn rursaen-107 2e:20171 15
Buyer's obligations under Section 3.C) and Seller shall not be liable to Buyer for any
failure to deliver the Property to Buyer.
SECTION 15. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the
other or with the Properly regarding this transaction has been directly between
themselves and their employees. Seller and Buyer warrant and represent that no person
or entity can properly claim a right to a commission, finder's fee, or other compensation
based upon contracts or understandings between such claimant and Buyer or Seller with
respect to the transaction contemplated by this Contract. Each party agrees to indemnify
the other against and to hold it harmless from any claim, loss, cost, or expense, including,
without limitation, attorneys' fees, resulting from any claim for a commission, finder's
fee, or other compensation by any person or entity based upon a breach of the foregoing
representation and warranty.
SECTION 16. REMEDIES.
A. In the event Buyer shall have fully performed or tendered performance of its
duties and obligations hereunder, but Seller fails to perform any of its duties or
responsibilities in accordance with the terns and provisions hereof, Buyer's sole
and exclusive remedy shall be an equitable suit to enforce specific performance of
such duties or responsibilities. Any and all other remedies otherwise available to
Buyer, at law or in equity, are hereby expressly waived by the Buyer except as
otherwise specifically stated in this Contract,
B. Should Buyer fail to (i) commence Construction Activity by the Commencement
Date, as described in Section 5.B.2 or (ii) Substantially Complete the Project by
18 months after the Commencement Date, as described in Section 5.B.3, Buyer
shall forfeit its right to receive the Insurance Proceeds.
C. Should Buyer fail to file lax forms or notices or timely pay such taxes and fees, as
described in Section S.B.S, for a period of 15 days after specific written notice
from the City of Roanoke detailing same, Buyer shall pay back to the City the
City's Insurance Proceeds in the amount of $234,000.
D. In addition to the remedies pursuant to Sections 16.8 and 16.0 of this Contract in
the event of nonperformance of Buyer's obligations under Section 5.B.2, Section
5.B.3, Section 5.B.4, and Section 5.B.5 of this Contract, if Buyer fails to comply
with any of the terms and conditions, or any of Buyer's obligations, of this
Contract, Seller may enforce any and /or all remedies available to Seller under this
Contract or by law, including, but not limited to termination of this Contract, and
all such remedies as may be allowed by law or in equity.
comma fu, 5.1, in.]01282nm 16
SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD
A. Buyer shall have ninety (90) Days beginning March 31, 2018, or 90 Days
beginning upon the approval of Buyer's historic rehabilitation tax credits Part 1
Nomination by the Virginia Department of Historic Resources Review Board,
whichever date is earlier, to complete Buyer's due diligence review of the
Property (the "Inspection Period ") to determine if there are any issues that would
prevent the Buyer's use of the Property. Should Buyer determine during such
Inspection Period that it is not satisfied with the Property or any characteristics
thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer
may terminate this Contract by notifying the Seller in writing as soon as possible,
but no later than ten (10) Days after the end of such Inspection Period, of Buyer's
decision to terminate the Contract. In such case, this Contract shall thereupon be
terminated and of no further force and effect, unless Seller and Buyer mutually
agree to modify this Contract to address any such issues.
B. In connection with the Buyer's ability to conduct its due diligence review
mentioned above the Seller hereby grants to Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees, representatives, and
consultants, a revocable right to enter upon the Property at any time during the
Inspection Period, upon two (2) working days prior written notice to the Seller, in
order to survey, make test borings, and carry out such other examinations,
exploratory work, or settings as may be necessary to complete Phase 1 and Phase
II Environmental Assessments, or geetechnical assessments, or nondestructive
engineering evaluations of the Property, and to store Buyer's property and
equipment, upon the following terms and conditions:
I. If the Buyer exceeds its rights granted under this Section or fails to
obtain and maintain the insurance required by this Section 17, the
Seller may immediately revoke this right of entry.
Buyer agrees to be responsible for any and all damages resulting
from the activity or activities of Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on the Property in the exercise of
the rights granted under this Section. Buyer shall, at its sole cost,
promptly and fully restore any land disturbed by the exercise of the
rights under this Section to a condition equal to that existing
immediately prior to entry on the Property if Buyer does not
purchase the Property.
Buyer agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Seller and its officers, agents,
employees, volunteers, and representatives free and harmless from
any and all liability, claims, causes of action, costs and damages of
any type, including reasonable attorney's fees, on account of any
injury or damage of any type to any person or property caused,
Comma m, sale trim, 07. xs x017, 17
directly or indirectly, by any act or omission of Buyer, its
employees, agents, volunteers, contractors, subcontractors,
licensees, designees, representatives and consultants, in connection
with this right of entry, including, but not limited lo, Buyer's use
of the Property in violation of any provision of this Contract,
claims relating to the storage of property by Buyer on the Property,
or the exercise of any right or privilege granted by or under this
Section 17. In the event that any suit or proceeding shall be
brought against the Seller or any of its officers, employees, agents,
volunteers, or representatives, at law or in equity, either
independently or jointly with Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on account thereof, Buyer, upon
notice given to it by the Seller or any of its officers, employees,
agents, volunteers or representatives will pay all costs of defending
the Seller or any of its officers, employees, agents, volunteers or
representatives in any such action or other proceeding. In the
event of any settlement or any final judgment being awarded
against the Seller or any of its officers, employees, agents,
volunteers or representatives, either independently or jointly with
Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives and consultants, then Buyer
will pay such settlement or judgment in full or will comply with
such order or decree, pay all costs and expenses of whatsoever
nature, including reasonable attorney's fees, and hold the Seller or
any of its officers, employees, agents, volunteers or representatives
harmless therefrom. Buyer's indemnity obligations hereunder are
conditioned upon the indemnified party: (i) promptly notifying
Buyer of any claim in writing; (ii) cooperating with Buyer in the
defense of the claim; and (iii) granting Buyer sole control of
defense or settlement of the claim at the sole cost and expense of
Buyer.
4. Buyer shall, within a reasonable period of time after its receipt of
any preliminary or final test results or conclusory reports and
opinion statements related to the physical condition of the
Property, deliver or cause to be delivered copies of same to Seller.
If Seller so requests, buyer shall also turn over copies of raw data
obtained and any laboratory and observation reports or analyses.
Said copies shall be provided to Seller without charge.
Buyer shall comply with, and shall require its officers, agents,
employees, contractors, subcontractors, licensees, designees,
representatives, and consultants to comply with, all applicable
federal, state, and local laws, rules, and regulations. Buyer shall
obtain, and shall require its officers, agents, employees,
comrem r, sm,•If 1 m 28 N1V1 Is
contractors, subcontractors, licensees, designees, representatives,
and consultants to obtain, prior to exercising any rights under this
Section 17 and any and all permits therefore at their expense.
Buyer shall, at its sole expense, obtain and maintain, or have its
contractors or representatives obtain and maintain, the insurance
set forth below. Any required insurance shall be effective prior to
the beginning of any work or other performance by Buyer under
this Section 17 of this Contract. The following policies and
coverages are required:
(i) Commercial General Liabilitv. Commercial General
Liability insurance, written on an occurrence basis, shall insure
against all claims, loss, cost, damage, expense or liability from loss
of life or damage or injury to persons or property arising out of
Buyer's acts or omissions. The minimum limits of liability for this
coverage shall be $1,000,000 per occurrence, and $2,000,000
general aggregate.
(it) Contractual Liabilitv. Broad form Contractual Liability
insurance shall include the indemnification obligation set forth
above.
(iii) Workers Compensation. Buyer represents and warrants to
Seller that (a) under current laws, rules and regulations, Buyer is
not required to carry Workers' Compensation insurance; and (b) no
employees of Buyer will be engaged in any work under this
Section 17. In the event that either circumstances changes and
Buyer is required to provide Workers' Compensation insurance,
Buyer shall maintain Workers' Compensation insurance covering
Buyer's statutory obligation under the laws of the Commonwealth
of Virginia and Employers Liability insurance shall be maintained
for all its employees engaged in work under this Section 17.
Minimum limits of liability for Employers Liability shall be
$100,000 bodily injury by accident each occurrence; $500,000
bodily injury by disease (policy limit); and $100,000 bodily injury
by disease (each employee). With respect to Workers'
Compensation coverage, the insurance company shall waive rights
of subrogation against the Seller, its officers, employees, agents,
volunteers and representatives.
(iv) Automobile Liabilitv. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined
single limit applicable to owned or non -owned vehicles used in the
performance of any work under Section 17 of this Contract and
shall be written on an occurrence basis.
Coat -1 fors I Fi,u10].282017) 19
The insurance coverages and amounts set forth above may be met
by an umbrella liability policy following the form of the
underlying primary coverage in a minimum amount of $1,000,000.
Should an umbrella liability insurance coverage policy be used,
such coverage shall be accompanied by a certificate of
endorsement staling that it applies to the specific policy numbers
indicated for the insurance providing the coverages required by
this Section, and it is further agreed that such statement shall be
made a part of the certificate of insurance famished by Buyer to
the Seller.
All insurance shall also meet the following requirements: Buyer
shall famish Seller appropriate documentation showing the type,
amount, effective dates, and date of expiration of policies;
certificates of insurance shall include any deductible amounts; that
the City of Roanoke, its officers, employees, agents, volunteers,
and representatives are named as additional insureds; where waiver
of subrogation is required with respect to any policy or insurance
required, such waiver shall be specified; insurance coverage shall
be in a form and with an insurance company approved by Seller,
which approval shall not be unreasonably withheld; and any
insurance company providing coverage shall be authorized to do
business in the Commonwealth of Virginia. Buyer shall provide
the City's Risk Manager with not less than thirty (30) Days
advance notice of cancellation or material alteration of any of the
above required insurance coverage.
SECTION 15. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal
service, if sent by certified mail, return receipt requested, or by a nationally recognized
overnight courier, addressed as follows (or any other address the party to be notified may
have designated to the sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -2333
With a Copy to: City of Roanoke Department of Economic Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, VA 24011
Fax No. 540- 853 -1213
Corn. fo, S.ir (F—a nun tom 20
If to Buyer: Restoration Housing
Attn: Isabel Thornton, Executive Director
I 1 IG Main Street, Ste B
Roanoke, VA 24015.
Phone: (917) 887-9840
With a Copy to: Found Kemper
Woods Rogers PLC
10 S. Jefferson Street, Suite 1400
Roanoke, VA 24011
Notice shall be deemed delivered upon the date of personal service, two days after
deposit in the United States mail, or the day after delivery to a nationally recognized
overnight courier.
SECTION 19. TIME.
Time is of the essence in the performance of the parties' respective obligations in this
Contract.
SECTION 20. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
SECTION 21. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts
so executed shall constitute one Contract binding on all of the parties hereto,
notwithstanding that all of the parties are not signatories to the same counterpart.
SECTION 22. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of
this Contract or any amendments or exhibits hereto.
SECTION 23. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect. The
parties intend for the provisions of this Contract to be enforced to the fullest extent
permitted by applicable law. Accordingly, the parties agree that if any provisions are
deemed not enforceable by any court or agency of competent jurisdiction, they shall be
Cmamn f r Salc IF-10l 28 20171 21
damned modified to the extent necessary to make them enforceable. ALL TERMS
AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING.
SECTION 24. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the
intent and purpose of this Contract.
SECTION 25. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and
warrant they are duly authorized to execute this Contract on behalf of their respective
entity.
SECTION 26. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance
of any term or condition of this Contract or any party's waiver of any particular breach
of this Contract by any ether party extends to that instance only. Such waiver or
failure is not and shall not be a waiver of any of the terms or conditions of this
Contract or a waiver of any other breaches of the Contract by any party and does not
bar the non - defaulting party from requiring the defaulting party to comply with all the
terms and conditions of this Contract and does not bar the non - defaulting party from
asserting any and all rights and/or remedies it has or might have against the defaulting
party under this Contract or by law.
SECTION 27. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.-4343.1. be advised that the City does not
discriminate against faith -based organizations.
SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
Seller and Buyer agree that the provisions of the Plans and other documents provided
by Buyer to Seller are intended to be consistent with the terms of this Contract.
However, if any of Buyer - supplied documents and/or the Plans are in conflict with the
terms of this Contract, the parties agree that the terms of this Contract shall control,
unless the parties mutually agree otherwise in a writing signed by both parties.
SECTION 29. NONDISCRIMINATION.
During the performance of this Contract, Buyer agrees as follows:
A. Buyer will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is
Comer for We (Final 07 28 2017) 22
a bona fide occupational qualification reasonably necessary to the normal operation of
the Buyer. Buyer agrees to post in conspicuous places, available to employees and
applicants for employment, notices Selling forth the provisions of this
nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf
of Buyer will state that Buyer is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
D. Buyer will include the provisions of the foregoing in every subcontract or
purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
SECTION 30. DRUG -FREE WORKPLACE.
During the performance of this Contract, Buyer agrees to (i) provide a drug -free
workplace for Buyer's employees; (ii) post in conspicuous places, available to
employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition; (iii)
state in all solicitations or advertisements for employees placed by or on behalf of
Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of
the foregoing clauses in every subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug -free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
SECTION 31. COMPLIANCE WITH STATE LAW FOREIGN AND
DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN
THE COMMONWEALTH OF VIRGINIA.
Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as
amended, which provides that a contractor organized as a stock or nonstock
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. Buyer shall not allow its
existence to lapse or its certificate of authority or registration to transact business in the
Cnmrwi for sale l rival 0128 tarn 23
Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled
at any time during the term of the Contract. Seller may void the Contract if Buyer fails
to remain in compliance with the provisions of this section.
SECTION 32. FORCE MAJEURE.
Neither party shall be in default or otherwise liable for any delay in or failure of its
perfunnance under this Contract if such delay or failure arises by any reason beyond
its reasonable control, including without limitation any act of God, any acts of
common enemy, the elements, earthquakes, floods, fires, epidemics, riots, stokes,
failures or delay in transportation or communication, shortages of material, approval
delays or any act or failure to act by the other party or such other party's employees,
agents or contractors; provided, however, that lack of funds shall not be deemed to be
a reason beyond a party's reasonable control. The Parties shall promptly inform and
consult with each other as to any of the above causes which in their judgment may or
could be the cause of a delay in the performance of this Agreement.
For purposes of this Contract, any one (I) delay caused by any such occurrence shall
not be deemed to last longer than four (4) months and the party claiming delay caused
by any and all such occurrences shall give the other party written notice of the same
within 30 days after the date such claiming party teams of or reasonably should have
known of such occurrence. Notwithstanding anything else set forth above, after a total
of six (6) 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 and /or being an excusable delay.
SECTION 33. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the
entire understanding between the parties hereto with respect to the subject matter
hereof. Any prior correspondence, memoranda, or contracts are replaced in total by
this Contract and the exhibits hereto. No amendment to this Contract shall be valid
unless made in writing and signed by the appropriate parties.
SIGNATURE PAGE TO FOLLOW
Coa�rui r r sm, umm 07 8201 n 24
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their
authorized representatives.
ATTEST:
City Clerk \
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
CITY OF ROANOKE, VIRGINIA
r
BY
Shcntran M. Stovall, Acting City Manager
The foregoing instrument was acknowledged before me this tO day of August, 2017,
by Sherman M. Stovall, Acting City Me er or the City of Roanoke, Virginia, a
Virginia Municipal Corporation, for and ph behalf of sirie1 municipal corporation.
My commission expires:
j�g� 31�act8
WitIMIq.Y.9GtiIII06 it
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
MCGILL
RESTORATION HOUSING
on behalf of itself and its subsidiaries and
and affiliates that may be created to own
and/or operate the Property
By _� Vw� -.�w1
Isabel Thornton, Executive Director
The foregoing instrument was acknowledged before me this Lay of August, 2017,
by Isabel Thornton, Executive Director of Restoration Housing, a Virginia corporation,
for and on behalf of Restoration Housing.
My commission expires:
f2� ro1 A a_aJ)U Notary
EQCAROL S.FARLEV SEAL
Notary Public
Commoneneltnof ftinla
tM C:mmlg9•E 22
Cmnma mr W, ffi „0728 2017; 25
Approved as to Fomt:
1
L�asistant City Attorney
Approved as to Execution:
1-10-11
As stantIfftyAttomey
Authorized by Ordinance No. yoU3-oFi T' "I
Contract for Sale (Final 07 tl 30 ❑) 26
Contract for Purchase and
Sale of Real Property dated
August 9, 2017, by and
between City of Roanoke,
Virginia, and Restoration Housing.
EXHIBIT 1
DESCRIPTION OF PROPERTY
Roanoke Official Tax Map No. 2430601
The Property is described as (i) "Tract A" as shown on a plat prepared by LMW, P.C.,
entitled "Plat of Survey Showing the Boundary Line Adjustment and Property Line
Vacation by and between "Lot Acreage Forest Park" 2.5521 Acres and "Lot I to 28
Forest Hill Inc." 4.9695 Acres Both Properties Owned by the City of Roanoke and
Creating Hereon Tract "A!'(3.4056 Acres) Tract "B" (4.1160 Acres) and Located on
Hoover, St. N.W. and in the City of Roanoke, Virginia" with a date of July 22, 2010
( "Plat "), and (it) being a portion of the property conveyed to Seller by deed dated
August 7, 1958, from Georgia B. Bateman, widow, Ernestine A. Bateman, single,
Florence C. Bateman, widow, Harry H. Bateman and Odessa Smith Bateman, his wife,
Ramona Bateman Schaut and Thomas Edward Schaut, her husband, D. Cletis Richards
and Raymond R. Richards, her husband, Pauline E. Diehl and Vernon Diehl, her
husband, and Willis S. Bateman and Eunice B. Bateman, his wife, of record in the
Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book
1036, Page 379.
Com¢I rm Sak Mwl0728 417) 27
Contract for Purchase and
Sale of Real Property dated
August 9, 2017, by and
between City of Roanokc,
Virginia, and Restoration Housing.
EXHIBIT 2
BUYER'S PROPOSAL
� l r, s.ic(Fiml 07 28 mm 28
M
RESTORATION
HOUSING
To: The City of Roanoke
Rob Ledger, Manager of Economic Development
Subject: Pmject Development of Compton- Sateman House
May 11, 2017
Dear Mr. Ledger,
Restoration Housing proposes the following Project Development for 2750 Hoover Street as an extensive
rehabilitation effort using Historic Tex Credits and a PaMership with kcal "profits.
Restoration Housing's mission is to create and assist In the development of quality affordable housing through
the preservation of existing. historic buildings. We believe that reducing blight and vacancy through historic
preservation results in healthier and more sustainable neighborhoods.
In our review of the structure located at 2750 Hoover Street, NW, we discovered a remarkable, yet under.
realized. older hone that would serve as an ideal tax credit project, both for its much needed rehabilitation
work and for its historic legacy within one of Roenoke's eldest neighborhoods
Our goal for this project would be to put a minimum amount of money into the acquisition of the property In
order to adequately fund stabilization etoms during the due d'Ugence period. As such, we propose the
lolkwing with a more detailed proposal to prooaed in the coming months:
• Acqulsalon Prim from City of Roanoke: $1.00
• Stabilization Costs Provisioned by the Roanoke Valley Preservation Foundation: Approximately
$5.000
• Total Projected Construction Costs after Stabilization. $888,000
We propose construction financing will be buttressed with both historic tax credit equity (approxknately
$290,000) and, eventually (after completion and receipt of a COO), Insurance proceeds (approximately
$234,000) from preWaee fire damage provided by the City of Roanoke. Restoration Housing also Intends to
pursue grants and additional funding sources to keep the construction loan debt to a minimum.
In order to be eligible to receive Hiskfic Tax Credits, the structure will need to have a Pan One Historic Tait
Credit Application approved by the state and lederal government, which could take up to a year for
acceptance from the National Perk Service. Other due dtigenca during this period will include applying for
additional grants and funding sources, such as the City of Roahoke's Community Development Block Grant
funding. pbekg on the transfer of sale on this property would be confingent on Historic eligibility for a period
bl up to one year.
Upon completion of due diligence, our orgenizabon would provide all construction management services and
complete all Historic Tax Credk application. On completion of construction, we intend to rem the properly cut
to a local n rnprolit tenant for commercial use of Me structure and the surrounding lend.
11168 Main Street, $W. Roanoke, VA 24015 • t. 540 -797 -0819 • info®rristoredohmouslrlg.org
www.restorsdonhicuslnt.org
Restoration Housing has "finnallon from the tenant, the Boys and Girls Club of Southwest Virginia and has
Included our Memo of Understanding with the organization for a proposed 10 yew lease. Boys and Girls Club
has also confirmed their funding sources and ability to afford rental payments on the property for a sustained
period of eme. Restoration Housing will remain the managing partner of the structure and will provide regular
malme ar ce. The property will be a separate LLC ham Restoration Housing (vdrkh to a 601 G8) and will
therefore be a taxable amity. Our belief is that the City of Roanoke and the surrounding neighborhood will
bendst not only from the reduction of bLWd and vacancy but also from the Increase in property value and inn
addition of non -progt service providers to the area
Restoration Housing Is amenable to fodelt of Insurance proceeds It we do not complete the project within 18
months of beginning construction, do not pay all contractors within 24 months, or H our orgenlza0o t Is not
current on all taxes and fees awed to the city from all other owned properties. In accordance with our mission,
all contraction work will be In compliance with the Secretary of the Interior's Guidelines for Historic
RehaWitation and will be submitted to the Department of Historic Resources and the National Park Service for
approval. This snores that The structure will not only recalve a high quality construction overhaul but it will
also preserve its historic Integrity
N you have any questions, please contact me directly at (540) 797 -0819 or oiy.
Sincerely,
JI-,,OjQ
Isabel Thornton
Executive Director
Restoration Housing
11168 Main Street, SW. foaroke, VA 24015 • t. 540 - 7970819 • infa®restoratonhousing.ong
www.rest «atonhpn6q.or8
DRAFT 11 -20 -17
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE vacating a portion of Villa Heights Park as a public park for recreational
and open space uses and releasing the public's right to use a portion of Villa Heights Park;
authorizing the City Manager to execute documents and to take any and all actions necessary to
effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the
second reading of this Ordinance by title.
WHEREAS, Villa Heights Park is an open air park consisting of two parcels of City -owned
real property: (i) a parcel of real property situated at 1201 Prillaman Avenue, N.W., Roanoke,
Virginia, bearing Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) aparcel of real property
situated at 2750 Hoover Street, N.W., bearing Official Tax Map No. 2430601 (Recreation Center
Parcel);
WHEREAS, Villa Heights Park is shown in Vision 2001 -2020, the City's Comprehension
Plan, as a public park;
WHEREAS, it is the intent of the City of Roanoke, Virginia, to transfer the Recreation
Center Parcel, to Restoration Housing or its permitted assignee (Buyer), pursuant to the Contract for
the Purchase and Sale of Real Property between the City of Roanoke and Restoration Housing for
Official Tax Map No. 2430601, which was authorized by City Council by Ordinance No. 40903-
080717, adopted on August 7, 2017, to restore and renovate the property for use as a recreation
facility for children to be operated by a third party;
O -V.ntm of poni. of Ville He,Ns Park (12 20.17)
DRAFT 11 -20 -17
WHEREAS, the sale of the Recreation Center Parcel to the Buyer and restoration and
renovation to be made by Buyer will preclude the use of the Recreation Center Parcel portion of
Villa Heights Park as a public park;
WHEREAS, the City Administration has filed an application pursuant to Section 15.2 -2232
of the Code of Virginia (1950), as amended, requesting that the Recreation Center Parcel portion of
Villa Heights Park be vacated and that the public's right to use the Recreation Center Parcel portion
of Villa Heights Park be released;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by Section 15.2 -2204 of the Code of Virginia (1950), 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
December 18, 2017, after due and timely notice thereof as required by Section 15.2 -2204 of the Code
of Virginia (1950), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the application; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to City Council bythe Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, finds that the public necessity, convenience and general welfare,
require the vacation of the Recreation Center Parcel portion of Villa Heights Park and the release of
the public's right to use the Recreation Center Parcel portion of Villa Heights Park, and for those
reasons, is of the opinion that the hereinafter described application should be granted.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
The portion of Villa Heights Park, designated as Official Tax Map No. 2430601, and
O- Vacation of portion of Villa Hnrpta Park (1220.17)
DRAFT 11 -20 -17
known as 2750 Hoover Street, N.W., Roanoke, Virginia, and described herein as the Recreation
Center Parcel, is vacated as a public park for recreational and open space uses.
2. The public's right to use the portion of Villa Heights Park, designated as Official Tax
Map No. 2430601, and known as 2750 Hoover Street, N.W., Roanoke, Virginia, as described herein
as the Recreation Center Parcel, is released.
3. The City Manager is authorized to execute any and all documents, the form of all of
such documents to be approved by the City Attorney, and to take any other actions consistent with
the intent of City Council to vacate the Recreation Center Parcel portion of Villa Heights Park and
release the rights of the public to use the Recreation Center Parcel portion of Villa Heights Park as
evidenced by the adoption of this Ordinance.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
O- Vwniion o(ponion of Ville Hdghu Park (12.20.19)
VICINITY MAP/
ZONING MAP EXCERPT
2750 HOOVER ST, NW
Legend
O Subject Property
Zoning districts are labelled on
the map. Dark, dashed lines and (c)
designator on the zoning label indicate
conditional zoning, where applicable.
N
0 25 50 100 Feet
1 inch- 100 feet
24401 0 t116 45081➢:.., w
2450811 2430105
243Otxx
2 `a. iq 210715, � �y �� � �• `.
' ry HOO 'R=ReSj K,
v,
2430110
} 4
2430111
and Open Space
2430114
2431202
dr 1
al
2431203 <..
N3110T tl ,`z 124312" ``.
@43110 Itl _� � N31205
t
4 2431206' \ .
P1207 �
04. /2181210' 2491208 N3
2430713'
x.t�O 2431 ( 241 +' i 't'Fq, i ON- N30714
m 21312 ,
Adjoining Property Owners for 2750 Hoover Street, N.W. (Official Tax Map No. 2430601)
TAXID
MailAddress
MailCity
Zip
LocalAddress
LocalCity
Zip
Ownerl
2430506
2571 ALDER 5T NW
ROANOKE
VA
24017
2571 ALDER ST NW
ROANOKE
24017
PINNOCK SANDRA H
2430601
PO BOX 1451
ROANOKE
VA
24007
2750 HOOVER ST NW
ROANOKE
24017
CITY OF ROANOKE
2431101
1055 FOREST PARK BLVD NW
ROANOKE
VA
24017
1055 FOREST PARK BLVD NW
ROANOKE
BROWN ALBERT C & CYNTHIA V
2431102
2202 RANCH RD NW
ROANOKE
VA
24017
1049 FOREST PARK BLVD NW
ROANOKE
KEELING JAMES B & DOLORES G
2431103
2202 RANCH RD NW
ROANOKE
VA
24017
0 FOREST PARK BV NW
ROANOKE
KEELING JAMES B & DOLORES G
2431104
1039 FOREST PARK BLVD NW
ROANOKE
VA
24017
1039 FOREST PARK BLVD NW
ROANOKE
HAIRSTON GLENNA
2431105
1037 FOREST PARK BLVD NW
ROANOKE
VA
24017
1037 FOREST PARK BLVD NW
ROANOKE
CHILDRESS CALVIN E & JERRY A
2431202289
SUMMIT AVE
HACHESACK
INJ
107601
1120 CRESCENT ST NW
ROANOKE
124017
SAUNDERS -ADAMS BARBARA
2431203
1114 CRESCENT ST NW
ROANOKE
VA
24017
1114 CRESCENT ST NW
ROANOKE
24017
JOHNSON BEATRICE - LIFE ESTATE
2431204
1114 CRESCENT ST NW
ROANOKE
VA
24017
0 CRESCENT ST NW
ROANOKE
JOHNSON BEATRICE E - LIFE ESTATE
2431205
1106 CRESCENT ST NW
ROANOKE
VA
24017
1106 CRESCENT ST NW
ROANOKE
24017
HICKS AGNES H
2431206
1106 CRESCENT ST NW
ROANOKE
VA
24017
0 CRESCENT ST NW
ROANOKE
HICKS AGNES M
2431207
1034 CRESCENT ST NW
ROANOKE
VA
24017
1034 CRESCENT ST NW
ROANOKE
CAMPBELL DONTE L
2431208
1030 CRESCENT ST NW
ROANOKE
VA
24017
1030 CRESCENT ST NW
ROANOKE
24017
BASHAM ROY W
2431209
1024 CRESCENT ST NW
ROANOKE
VA
24017
1024 CRESCENT ST NW
ROANOKE
24017
TRAN THIEN M
2431210
1018 CRESCENT ST NW
ROANOKE
VA
24017
11018 CRESCENT ST NW
ROANOKE
24017
IGREEN LUCY BELLE
24312111018
CRESCENT ST NW
ROANOKE
VA
24012
1014 CRESCENT ST NW
ROANOKE
24017
GREEN WILLIAM ANDREW
2440715
215 CHURCH AVE SW
ROANOKE
VA
24017
1201 PRILLAMAN AVE NW
ROANOKE
CITY OF ROANOKE
2440716
3808 SIOUX RIDGE RD NW
ROANOKE
VA
24017
2757 HOOVER ST NW
ROANOKE
24017
BOARD VINCENTA
2440717
11124 KINGSTON PIKE #119 -242
KNOXVILLE
TN
37934
2755 HOOVER ST NW
ROANOKE
24017
CFR BEC LLC
2440718
2730 CLIFTON AVE NW
ROANOKE
VA
24017
2730 CLIFTON ST NW
ROANOKE
24017
FOR ANITA L
2430114
2123 ORANGE AVE
ROANOKE
VA
24017
0 CLIFTON ST NW
ROANOKE
HILL KEVIN T
2430113
1743 INNSBROOKE DR
SALEM
VA
24153
2721 CLIFTON ST NW
ROANOKE
24017
WELCOME HOME PROPERTIES VA II LLC
2430111
5007 MEADOW CROSSING UN
ROANOKE
VA
24019
1210 CRESCENT ST NW
ROANOKE
24017
NGUYEN TOMMY
2430110
2202 RANCH RD NW
ROANOKE
VA
24017
1214 CRESCENT ST NW
ROANOKE
24017
KEELING JAMES BEVERLY
2430108
5509 COLEMAN RD
ROANOKE
VA
24018
2717 CLIFTON ST NW
IROANOKE
24017
MELKI PROPERTIES LLC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
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11/0 512 01 / Legal N"I", PUBLIC HLARING NO WC Any nubhc hearings advrdrse11 h 1 x 201 L
DEC 14 2w
CITY OF ROANUKE
PLANNING BUILDING 8
DEVELOPMENT
Publisher of the
Roanoke Times
A ceount Number
60114 }9
Date __
December 05, 2017
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:
11128 1210512019
The First insertion being given... 11/28/2017
Newspaper reference: 0000655680
Billing Representative
Sworn to and subscribed before me this Tuesday, December 5, 207
y
Total COST
1,95].84
No Pu4iic
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State of Virginia ``P 01::'dY
City/County of Roanoke "'�
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My Commission expire � E;GO,,•; 3326154
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �•''' *•
PUBLIC HEARING NOTICE
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PUBLIC HEARING NOTICE �) h
PUBLIC HEARING NOTICE
Any 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.
Any applications will be available for review in the Planning, Building, & Development office,
first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on December 11, 2017,
at 1:30 p.m., or as soon as the matters may be beard, to consider these applications:
Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0
Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave
NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203,
3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from
Commercial General District (CG) to Mixed Use Planned Unit Development District (MXPUD),
subject to development in substantial conformity with a MXPUD development plan revision
dated November 16, 2017, and Commercial General District (CG), subject to conditions
restricting vehicular access to existing access points and requiring cross access and parking
agreements for the subject zoning parcel. The land use categories permitted in the MXPUD
District include residential; accommodations and group living; commercial; warehousing and
distribution; assembly and entertainment; public, institutional and community; transportation;
utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800
square feet of lot area. The land use categories permitted in the CG District include
accommodations and group living; commercial; industrial; warehousing and distribution;
assembly and entertainment; public, institutional and community; transportation; utility;
agricultural; and accessory; with no maximum density specified and a maximum floor area ratio
of 5.0. The comprehensive plan designates the property for small and medium scale commercial
use, but does not specify density. The proposed use is a hotel with possible future commercial
development.
Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the
public's right to use a portion of Villa Heights Park, such portion being the entirety of real
property owned by the City of Roanoke located at 2750 Hoover Street, N.W., and designated as
Official Tax Map No. 2430601.
A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's
comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new
Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at
building on the current success of downtown and aiding in its continued revitalization and
growth over the next 20 years.
The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural,
and locational strengths of downtown to build a base for future growth by supporting historic
renovation, protecting historic resources, marketing downtown's proximity to cultural and 1
natural amenities, and supporting the development of a Pedestrian Area Plan to expand the
walkable urban environment of downtown; 2) Fill in the Gaps: Connect small businesses with
resources, target and recruit business to occupy downtown buildings, maintain and extend the
streetscape, make improvements to the Campbell Court and Market Street areas, and encourage
appropriate stormwater management; 3) Expand: To the west, support an urban flex zoning
district to encourage continued growth in the area; to the south, support the creation of a strategic
plan for the proposed Innovation Corridor; and to the north, support development projects that
serve and provide transition to the neighborhoods; 4) Entrance Public Space: Make minor
additions and expansions of downtown parks to provide additional park space, repurpose right of
way along Jefferson Street, improve mobility of downtown streets, and use art and other
treatments to add vibrancy to public spaces; 5) Strengthen Connections: Improve critical street
crossings to be more accommodating to pedestrians, create an Urban Loop greenway that
encircles downtown and connects to the existing greenway, and support downtown wayfmding
to destinations, parking, and other modes of transportation; and 6) Maintain and Market:
Maintain downtown as a showcase that can be marketed regionally as a top destination.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on December 18, 2017, 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 hearings.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13,
2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications:
Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing
Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception
pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to
permit parking, off -site.
Application by Ann Janney- Schultz for property located at 1914 Westover Avenue, S.W.,
bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed - Density District, for a
special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Alexander Lipine for property located at 3121 Corbieshaw, Road, S.W., bearing
Official Tax Map No. 1650201, zoned R -5, Residential Single-Family District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing
Official Tax Map No. 1330108, zoned RMA, Residential — Mixed - Density District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Donna M. Payne, Acting Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Secretary to the Board of Zoning Appeals
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1730
tina.carr dlroanokeva eov
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
•fir
STEPIIANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 85}2541
Ft.: (540)859 -1145
E -mail elerkQrroanokee..gov
December 6, 2017
Melki Properties LLC
James Beverly Keeling
Tommy Nguyen
Welcome Home Properties VA II LLC
Kevin T. Hill
Sandra H. Pinnock
Albert C. and Cynthia V. Brown
James B. and Dolores G. Keeling
Glenna Hairston
Calvin E. and Jerry A. Childress
Ladies and Gentlemen:
CECELIA F. MCCOY
Deputy City Clerk
C E('.ELIA T. WEB&CMC
Assistant Deputy City Clerk
Barbara A. Saunders -Adams
Beatrice Johnson - Life Estate
Agnes H. Hicks
Dome L. Campbell
Roy W. Basham
Thien M. Tran
Lucy Belle Green
Vincent A. Board
CFR BEC LLC
Anita L. Ford
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of the City of
Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a
portion of Villa Heights Park, such portion being the entirety of real property owned by the
City of Roanoke located at 2750 Hoover Street, N. W., and designated as Official Tax Map
No. 2430601. (See copy of the 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, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council
Chamber, pending formal action by the City Planning Commission, which may be viewed on
the City's webpage, www.roanokeva.cov, under "Roanoke Planning Commission News ",
following its meeting on December 11.
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.
Sinc ely,
�R
Stephanie M. Moon Rey Ids, 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
4aa: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk,srm rokeva.gov CECELIA F. MCCOV
City Clerk Deputy City Clerk
CECELIA T. WEHH, CMC
January 2, 2018 Assistant Deputy city Clerk
REVISED
SENT VIA EMAIL
Kermit "Kit' Hale, Chair, and
Members of the City Planning Commission
Roanoke, Virginia
Dear Mr. Hale and Members of the City Planning Commission:
I am attaching copy of Ordinance No. 41026 - 121817 approving the Downtown Roanoke
2017 Plan; replacing the Outlook Roanoke Update; and amending Vision 2001 -2020,
the City's Comprehensive Plan, to include such Downtown Roanoke 2017 Plan.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 18 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely,
�\ r
Stephanie M. Moon Rey Ids, M
City Clerk
Attachment
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Ian Shaw, Agent, City Planning Commission
Tina Carr, Secretary, City Planning Commission
&,07
IN THE COUNCIL OF TI IF CITY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41026 - 121817.
AN ORDINANCE approving the Downtown Roanoke 2017 Plan; replacing the Outlook
Roanoke Update; and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such
Downtown Roanoke 2017 Plan; and dispensing with the second reading of this ordinance by title.
WHEREAS, on December 11, 2017, the Downtown Roanoke 2017 Plan, (the "Plan"), was
presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on that date and recommended
adoption of the Plan, as amended, and amending Vision 2001 -2020, the City's Comprehensive Plan, to
include such amended Plan; and
WHEREAS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as
amended, a public hearing was held before this Council on December 18, 2017, on the proposed Plan,
at which hearing all citizens so desiring were given an opportunity to be heard and to present their
views on such amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
That this Council hereby approves the Downtown Roanoke 2017 Plan dated
December 18, 2017, and amends Vision 2001 -2020, the City's Comprehensive Plan, to
include such Downtown Roanoke 2017 Plan dated December 18, 2017 as an element
thereof; with the following amendments:
a. On page 17 and the matrix on page 54, change "Virginia Blue Ridge" to
"Virginia's Blue Ridge;"
b. On page 17, change "complimented" in line 4 to "complemented;"
C. On page 40, change the reference of Elmwood Park at "Franklin Road and Elm
Avenue" to "Jefferson Street and Elm Avenue;"
d. On page 45, change "Neighborhood's Connections" to "Neighborhoods'
Connections:" and
e. On page 45, change the reference to testing of parking meters to "testing has
been completed and meters have been installed in three (3) sections of the
downtown."
2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to
the City Planning Commission.
3. Pursuant to the provisions of §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST
,%'�
,�t `... "�dy ' �rk�,�7�
Amend Vision 2001- 2020 - Downtown Roanoke 2017- amended doe
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 18, 2017
Subject: A request by the City of Roanoke to consider an amendment to
Vision 2001 -2020, the City's comprehensive plan, to replace the
Outlook Roanoke Update adopted in 2002 with the new Downtown
Roanoke 2017 plan.
Recommendation
The Planning Commission held a public hearing on Monday, December 11 ,
2017. By a vote of 6 - 0 the Commission recommended an amendment to
Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook
Roanoke Update adopted in 2002 with the new Downtown Roanoke 2017 plan
dated December 18, 2017.
The downtown plan will recommend policies and actions aimed at building on
the current success of downtown and aiding in its continued revitalization and
growth over the next 20 years.
The plan is structured around six themes: 1) Build on Strengths —Use the
historic, architectural, and locational strengths of downtown to build a base for
future growth; 2) Fill in the Gaps — Support efforts to support small business,
maintain and extend the streetscape, make improvements to the Campbell
Court and Market Street areas, and encourage appropriate stormwater
management.; 3) Expand —To the west, support an urban flex zoning district to
encourage continued growth in the area; to the south, support the creation of a
strategic plan for the proposed Innovation Corridor; and to the north, support
development projects that serve and provide transition to the neighborhoods,
4) Enhance Public Space —Make minor additions and expansions of parks
downtown to provide additional park space, repurpose right of way along
Jefferson Street, improve mobility of downtown streets, and use art and other
treatments to add vibrancy to public spaces; 5) Strengthen Connections —
Support improvements to pedestrian and bicycle connections and downtown
wayfinding to destinations, parking, and other modes of transportation; and 6)
Maintain and Market — Maintain downtown as a showcase that can be marketed
regionally as a top destination.
Background
Downtown Roanoke has experienced resurgence over the last several decades.
Since the fabled Design 79 revitalization effort in which an energetic public
planning process jump started its revitalization, downtown has reclaimed its
regional prominence as an economic, social, and cultural anchor. A cursory
glance at the City's 2001 downtown plan, Outlook Roanoke Update, reveals that
progress has been at a relatively rapid pace over the past fifteen years. The
renovation of the Patrick Henry Hotel and numerous other historic building
renovations such as the Hancock, Colonial Arms, Ponce de Leon, and
Shenandoah Buildings have created new residential opportunities. Major public
improvements include the renovations of Elmwood Park, Market Square, and the
City Market Building.
It is time to focus on the next generation of changes and decisions facing
Downtown Roanoke. Downtown has seen incredible progress that benefits the
entire region, but it is not without its unique challenges. While significant public
and private investments have recently been made, it is important to protect and
build on those investments by addressing the future of everyone's
neighborhood in the Roanoke Valley— Downtown Roanoke.
The Downtown Roanoke 2017 plan seeks to establish a vision for the future of
downtown, which includes the downtown core and the greater downtown area.
The core of downtown is loosely defined as the area extending from the
Taubman Museum of Art and the City Market Building south to Elmwood Park,
and from Williamson Road west over to 2nd Street. The greater downtown area
includes areas to the north anchored by the Hotel Roanoke and the Roanoke
Higher Education Center, to the west over to 8th Street anchored by the
Jefferson Center and the new growth along Campbell and Salem, and to the
south extending from Carilion Roanoke Community Hospital and the Jefferson
College of Health Sciences down to the South Jefferson Redevelopment Area
anchored by the Virginia Tech Carilion School of Medicine and Research
Institute. The study area for the Downtown Roanoke 2017 plan incorporates the
downtown core and the defined greater downtown area, identifying this
combined area as Downtown Roanoke. The Downtown Roanoke 2017 plan
seeks to build on Roanoke's over 100 years of planning excellence. As policies
and actions are established within this plan, the plan will be complimentary to
the adjacent and overlapped neighborhood plans.
Considerations
Public involvement is a hallmark of the City's planning initiatives. In this plan, the
public's contribution was extraordinary, both in terms of quantity and quality.
Realizing that downtown is everyone's neighborhood, the City made efforts to
capture the opinions and impressions of a broad range of citizens, from all over
the City.
In 2013, a citizen Advisory Committee was created and from that group a 12
member Steering Committee was formed. The Steering Committee guided staff in
the development of the plan in a hands -on manner and then reported to the larger
Advisory Committee. The Advisory Committee vetted ideas and concepts before
they were presented to the public. The committee members were chosen for their
expertise and commitment to Downtown Roanoke, and a variety of professionals
and City residents were included.
While the Advisory Committee provided staff with much needed expertise and
oversight, the first step of the process was soliciting input from the general public.
In 2013 a survey was distributed on the internet -based Survey Monkey website and
over 250 people responded. The survey was followed up by three (3) public
meetings which began the early discussions leading to the development of themes
that helped frame this plan. Hard copies of the survey were distributed at these
meetings, and staff distributed the surveys at the various neighborhood meetings
they attended. The future of Downtown Roanoke was further discussed as part of
a Cityworks (X)po walking tour and workshop.
In 2014, City Staff met with developers and real estate professionals to discuss
development opportunities within the downtown. Following that discussion, the
process also included three (3) charrettes on streetscapes, which engaged
stakeholders in the design and discussion of desired cross - sections for streets
within the downtown. Discussions continued into 2015 at which point the project
was tabled due to personnel changes at the City.
In 2016, the planning process recommenced with two (2) public meetings held
that fall. The Advisory Committee and the Steering Committee were combined to
form a Stakeholder's Committee that continued to convene and help shape the
efforts and ideas developing within the plan.
In 2017, the City held one (1) public meeting in the spring that displayed the
themes for the Downtown Roanoke 2017 plan along with some of the major
policies and actions. The Planning Commission dedicated time to the downtown
plan during their work sessions between March and October of 2017. City Council
was briefed injure, and ajoint meeting was held between City Council and the
Planning Commission in early October.
Conformity with the Comprehensive Plan:
The draft Downtown Roanoke 2017 plan is well aligned with the general policies
established in Vision 2001 -2020, the City's Comprehensive Plan.
Some of the relevant Vision 2001 -2020 policies:
• NH PI. Sustainable population. Roanoke will have a balanced, sustainable
population. Roanoke will promote its urban assets, diversity,
convenience, and affordability to retain existing residents and attract new
ones.
• NH P4. Downtown Neighborhood. Downtown will be developed as
Roanoke's premiere urban village with a mix of high- density residential,
commercial, retail uses and live /work space.
• EC P6. Cultural and historical resources. Roanoke will support, develop,
and promote its cultural resources. Roanoke will identify, preserve, and
protect its historic districts, landmark features, historic structures, and
archeological sites.
• ED P1 . Economic base. Roanoke will have a sustainable, diverse economic
base that supports target industries in biotechnology, optics, information
technology /software, transportation - related manufacturing and services,
and supporting business services.
• ED P3. Downtown. Downtown will continue to serve as the region's
central business district with opportunities for downtown living, office
space, retail, and cultural and entertainment attractions.
• IN P2. Transportation system. Roanoke will provide a transportation
system that is an integrated, multi -modal network of automobile, bicycle,
pedestrian, and transit facilities. Interconnected street systems should be
encouraged in new development and be maintained in existing
development. New roadways through existing urban areas should be
designed to minimize impact on the City's urban fabric and complement
Roanoke's neighborhoods.
• IN P4. Parking. Roanoke will encourage on- street parking wherever
possible and discourage excessive surface parking lots. Maximum
parking standards for development outside of downtown will be
established. Off - street parking will be encouraged to the side or rear of
buildings. Carpooling, park -& -ride lots, and transit will be encouraged to
reduce parking demand. The City will continue to maintain structure
parking downtown.
Public Comments:
The draft plan has received many comments and many suggested changes over
the last several months. Most of these suggested changes have been made
when requested and helped result in the current draft document. Much effort
was put into addressing comments from various City Departments and other
stakeholders such as Downtown Roanoke Inc. (DRI) and Visit Virginia's Blue
Ridge.
The most recent draft has received many e -mails of support. There has been
some concern expressed by the Old Southwest Neighborhood Association
regarding the boundaries depicted within some of the downtown maps, as
there is some overlap with the surrounding neighborhood. Staff has
communicated with several of the neighborhood representatives and settled
most of their initial concerns, but staff will also update the plan graphics to
better depict the study area and avoid overlap in areas that are not appropriate.
One comment letter was submitted after the Planning Commission Hearing and
is attached.
Planning Commission Work Session:
Many comments from previous work sessions have been integrated into the
draft plan.
Planning Commission Public Hearing
No public comments were offered during the hearing.
The Planning Commission unanimously recommended an amendment to Vision
2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke
Update adopted in 2002 with the new Downtown Roanoke 2017 plan dated
December 18, 2017.
Kermit Hale, Chair
City Planning Commission
Attachments: Public Comment received after PC Hearing
Downtown Roanoke 2017, dated December 18, 2017
c: Robert S. Cowell Jr., 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
BLUE RIDGE INDEPENDENT LIVING CENTER
COMMENTS REGARDING DRAFT
DOWNTOWN ROANOKE 2017 PLAN
Thank you for providing us with the opportunity to comment on the draft Downtown Roanoke 2017
plan. We were encouraged to see accessibility considered in certain parts of the plan.
According to the U.S. Department of Labor, Office of Disability Employment Policy, people with
disabilities are the third largest market segment in the U.S. The size of this population -54 million
strong— surpasses Hispanics, African Americans and Asian Americans, as well as Generation X and teens.
Add in their families and friends, and the estimated purchasing power grows exponentially.
Over the years, we have fielded several complaints about outdoor dining and its impact on accessibility
for people with disabilities. We have suggested to the City a means to ensure that restaurants confine
outdoor dining while still ensuring access but have yet to hear whether our idea will be implemented.
We suggested that the City drill holes into the sidewalk so that the posts the chains are attached to
cannot be moved into the sidewalk clearance required to comply with the Americans with Disabilities
Act.
Disrepair of existing streetscape elements not only creates "a sense of disorder' but they can make it
impossible for an individual to use the downtown area. Lighting is extremely critical for those with
limited sight.
Any changes in parking or to traffic patterns should take into consideration the need for handicapped
parking. There are an insufficient number of handicapped parking spaces located throughout the City.
These spaces should also be located on different sides of the street to ensure that people with
disabilities do not have to unload into traffic. In addition, all parking payment kiosks and meters should
be accessible to individuals with disabilities.
The City needs to ensure that pedestrian level signs, planters, etc. do not create an obstacle for those
who are blind or vision impaired. In addition, all pedestrian signals should meet the needs of individuals
with visual impairments.
We wholeheartedly agree that the city should evaluate its "current policy on maintenance of
encroachments In the right of way." Signs, awnings, and outdoor dining placed in the right of way
create a number of obstacles for individuals with disabilities.
Since we have had conversations with the City's Public Works Dept. and Downtown Roanoke, Inc. about
the public assembly application, we are hopeful that the new "Special Events Policy" will include
consideration of all accessibility issues including handicapped accessible toilets, wheelchair seating,
handicapped parking, etc.
If downtown is truly everyone's neighborhood, it is imperative that whatever changes are made include
an analysis about how the changes will impact accessibility for people with disabilities! The Blue Ridge
Independent Living Center is available for technical assistance.
Downtown Roanoke 2017
December 18, 2017
Introduction
In the heart of the Roanoke Valley, Downtown Roanoke is the cultural, economic, and social hub
of Virginia's Blue Ridge. Downtown Roanoke is a vibrant and friendly place with a growing
economy, proud history, and natural beauty. Downtown Roanoke's success is vital to the City of
Roanoke and to the greater region.
Downtown Roanoke has experienced resurgence over the last several decades. Since the fabled
Design 79 revitalization effort in which an energetic public planning process jump started its
revitalization, downtown has reclaimed its regional prominence as an economic, social, and
cultural anchor. A cursory glance at the City's 2001 downtown plan, Outlook Roanoke Update,
reveals that progress has been at a relatively rapid pace over the past fifteen years. The
renovation of the Patrick Henry Hotel and numerous other historic building renovations such as
the Hancock, Colonial Aims, Ponce de Leon, and Shenandoah Buildings have created new
residential opportunities. Major public improvements include the renovations of Elmwood Park,
Market Square, and the City Markel Building.
It is time to focus on the next generation of changes and decisions facing Downtown Roanoke.
Downtown has seen incredible progress that benefits the entire region, but it is not without its
unique challenges. While significant public and private investments have recently been made, it
is important to protect and build on those investments by addressing the future of everyone's
neighborhood in the Roanoke Valley -- Downtown Roanoke.
The Downtown Roanoke 2017 plan seeks to establish a vision for the future of downtown, which
includes the downtown core and the greater downtown area. The core of downtown is loosely
defined as the area extending from the Taubman Museum of Art and the City Market Building
south to Elmwood Park, and from Williamson Road west over to 2 "d Street. The greater
downtown area includes areas to the north anchored by the Hotel Roanoke and the Roanoke
Higher Education Center, to the west over to 8a Street anchored by the Jefferson Center and the
new growth along Campbell and Salem, and to the south extending from Carilion Roanoke
Community Hospital and the Jefferson College of Health Sciences down to the South Jefferson
Redevelopment Area anchored by the Virginia Tech Carilion School of Medicine and Research
Institute. The study area for the Downtown Roanoke 2017 plan incorporates the downtown core
and the defined greater downtown area, identifying this combined area as Downtown Roanoke.
The Downtown Roanoke 2017 plan seeks to build on Roanoke's over 100 years of planning
excellence. As policies and actions are established within this plan, the plan will be
complimentary to the adjacent and overlapped neighborhood plans.
sr-
M Y
r y
Over 100 Years of Planning Excellence
The City of Roanoke has a distinguished planning history. In 1907, Sohn
Nolen, a landscape architect from Cambridge, Massachusetts, wrote
Remodeling Roanoke. This was considered by many to be one of the first
comprehensive plans written in the United States. Nolen was hired by The
Women's Civic Betterment Club of Roanoke, Virginia to write the plan.
I he plan was completed and presented to the Women's Club on August
28, 1907. In the plan's opening pages Nolen states `Roanoke is one of the
first cities of relatively small population to plan for its future in a
businesslike, comprehensive manner. In this it shows its progressiveness."
The plan proposes green space throughout the City limits as well as creating greenways along the
Roanoke River and Tinker Creek. The plan also proposes certain use areas (many specific to
downtown) as well as street design alternatives for main thoroughfares. The City's present day
Street Design Guidelines reflect ideas Nolen had over 100 years ago. The plan also speaks to
building character, form, and function and how they are important to the overall fabric of the
city. As a result of Nolen's forward thinking about these concepts as well as others, the 1907
Comprehensive Plan was awarded, by the National Planning Association in 1997, as an
American Institute of Certified Planners (AICP) National Planning Landmark.
In 1928 Nolen returned to Roanoke to write the City's second
comprehensive plan. Nolen had matured greatly as a city planner in the 21
- years between the plans, having written a number of other plans around the
country. As a result, the 1928 Comprehensive Plan was more detailed and
tactical than the fast. It reflected the City's position as the focal point of a
growing region. There are seventeen principal recommendations explained
in detail in the plan. Two of the recommendations are specific to the
downtown area. The first emphasizes and builds upon Roanoke's many
public buildings such as City Hall, the Federal Building and Post Office, the
Public Library, Museums, and an Auditorium. The plan recommends the City continue to focus
on building design and character as more structures are built in the downtown area. The second
recommendation involves automobile parking in the central business district and proposes
development of additional parking facilities to meet future needs.
The next plan in Roanoke's history was the 1964 Comprehensive Plan, A
Development Plan for Roanoke. It provided the City with a Tong range
plan for development through the 1960s and 1970s. The major emphasis
of the plan was placed on land use planning. The plan outlined proposals
for future patterns of land uses including residential, commercial,
industrial, and public land uses which best serve the complex functions of
the modem city. However, it also outlined other major elements of the
City's comprehensive plan, including community facilities and transportation. Through the use of
broad patterns, the plan outlines the extent and preferable locations of homes, stores, factories,
parks, as well as other major components of the City. Great emphasis was placed on residential
use areas due to the anticipated growth in population expected into the 1970s and 1980s. The
final section of the plan was devoted to a description of the various "tools" available to the
municipal government for the implementation of the plan.
Roanoke Design `79 was the first plan to deal specifically with Roanoke's
downtown revitalization. Design 79 evaluated the development potential of
ROANO KE Downtown Roanoke and was the result of a mandate to prepare a
DESIGN revitalization plan for downtown Roanoke. This plan would not only
79 spotlight downtown, but in so doing provide benefits for the entire
community and bolster Roanoke's position as the metropolitan center of
southwestern Virginia. A continually- manned storefront office and a series
CATALOG of live "Design- a -Thon" television shows produced by Roanoke's WDB.1-
TV were used to ensure maximum public participation in the planning
process. The series of four prime -time "Design -a- Thons" achieved community participation on a
scale never before seen in the United States. The shows were an unprecedented two -way foram
on commercial TV featuring a bank of telephones, live on -air discussions with architects and
other technical and design experts, presentations of design concepts, and an open airing of issues.
The principal goals and proposals of Design 79 created downtown districts in which certain
activities seemed to be focused. These districts include the Retail Core, Downtown East, the
Market District, the Government District, the Industrial District, Old Southwest, N & W District,
and Gainsboro. Each of the districts was studied in detail and recommendations were made for
future development.
In keeping with the City's tradition of civic involvement in planning,
Roanoke Vision 1985 -2005 asked citizens what they wanted their city to be
in twenty years. Through a broad -based public participation process,
including a public opinion survey, television special, and series of planning
workshops and community meetings, a growing vision of Roanoke's future
emerged. The plan was built on four priorities and set a roadmap for the
City through the late 1980s and 1990s, The priorities set forth in the plan
were broad - based, yet specific in their focus, stating that: (1) Roanoke
should be a city of neighborhoods; (2) Roanoke's appearance and
environmental quality should enhance the city's image for residents and
visitors; (3) Roanoke's continuing economic development should be pursued as crucial to
neighborhood health as well as to regional growth; and (4) Roanoke and its downtown should
serve as a dynamic center for the region.
Design B5 Downtown Roanoke was prepared for Downtown Roanoke, Inc.
and was completed in December 1986. Design 85 built on the momentum
and initiatives created with Design 79. The plan and its proposals focused
primarily on private sector investment spawned by specific and critical
A public actions. When implemented these actions and investment would
.= attract conventions and visitors downtown, liven the Market District,
connect Hotel Roanoke with the downtown core, create new entertainment
venues, create downtown living, expand retail, and continue growth in office
4- em to ment.'rhe Ian called for downtown to be "the ride of the city."
vowinovm rouarcE P Y P P� Y"
The driving force of Design 85 was to fill in critical gaps in the downtown fabric while creating
and maintaining linkages between them. A key feature of the plan was to create a public/private
management corporation to guide further development and continue promoting downtown. As
with Design 79, Design 85's priorities were broad -based yet specific in their focus. Design 85's
priorities were to: (1) create an exhibition and meeting facility in conjunction with the existing
Hotel Roanoke; (2) focus on the Market District and housing; (3) create retail linkages; (4) focus
investment in Downtown East; (4) coordinate downtown management; and (5) plan for 1990 and
beyond.
Roanoke Focus '89, Downtown North Development Plan, was completed
by RTKL Associates, Inc. in May 1989. Focus 89 is an extension of prior �� QC U S '89
planning efforts for Roanoke's downtown area. however, this plan had a ,� f. +r-• •^
limited scope and focus on the northern downtown area. The plan consisted )r
of four main objectives: (1) improve vehicular access within the study area
promoting better circulation; (2) identify future sites for office -
development; (3) recommend a location for a convention/exhibit center .!
along with puking facilities; and (4) create better connections across the
railroad tracks to reconnect the northern part of downtown to the southern
part of downtown.
Perhaps, the most critical recommendation presented in Focus '89 is the demolition of the
Jefferson Street leg of the Hunter Viaduct, implementing this recommendation was essential to
improving transportation within the entire downtown area. It also would enhance the visual and
economic aspects of downtown. The location of the viaduct was a prime location for new
development which would reinforce the traditional centers of office and retail activity as well as
creating opportunities for additional linkages to the northern segment of downtown. Today, the
Wells Fargo Tower and parking garage stands in this location as a result of the plan's
recommendations.
,q In April of 1997, Outlook Roanoke created a five -point strategy focusing on
w economic development in Downtown Roanoke. To make Roanoke "A Five
Star City," as mentioned in the plan, the strategies explained below were
proposed for implementation over the five year life expectancy of the plan.
First, it was critical to tap into the expanding regional economy in ways that
would ensure that downtown benefits by and participates meaningfully in the
regional economy. Second, the plan called to diversify the market for
downtown development to include residential initiatives; expansion of retail
to meet demand generated by residential uses; and strengthen the recreational
and entertainment uses of downtown venues. Third, the plan aspired to
celebrate the City's heritage reinforcing the link between downtown and
surrounding neighborhoods via cultural and historical attractions. Fourth, the plan aimed to
revitalize neighborhoods contiguous with downtown so they will convey a positive image to
residents, employers, visitors, and those employed by downtown businesses. Finally, the plan
sought to define city places through distinct character development and a comprehensive identity
system including streetscapes, way - finding and destination signage, improved public parking and
new traffic patterns that integrate various destination points within the overall downtown area.
The Outlook Roanoke Update, completed in 2002, built on
the achievements and successes of the Outlook Roanoke
plan. The main focus of this plan update is the Jefferson ^'t T3 ,)>ti
Street Corridor and trying to extend the success of the ` j 82;: �T,
Market area west of Jefferson Street. The plan update -
created five initiative areas, three of which straddle
Jefferson Street, and two easily connected to it These
initiatives build on Jefferson Street's potential to link separate efforts into an overall strategy for
revitalizing areas west of Jefferson Street and integrating them with the Market area These five
initiatives are: (I)Elmwood Park; (2)Church Avenue; (3)E -Town; (4)The Market; and
(5)Jeffcrson Center.
Vision 2001 -2020, the City's Comprehensive Plan is the product of an
extensive collaborative planning process starting in the fall of 2000 that
involved a citizens' advisory committee, citizen -based task teams, City
staff, consultants, Roanoke City Planning Commission, Roanoke City
Council, and the public. More than 2,000 people participated in the process.
,,, „o„ The overall strategy of Vision 2001 -2020 and its many specific approaches
are based on the goals and values expressed by the community. On August
20, 2001, City Council members unanimously adopted Vision 2001 -2020 as
the City's Comprehensive Plan. Vision 2001 -2020 is still in effect today
and continues to guide the City as it plans for its future.
The Roanoke City Market District Plan designates the
downtown market area as the geographic and social
center of the Roanoke Valley. It is recognized as one of
the best public spaces in America and is listed on the
National Register of Historic Places and the Virginia
Landmarks Register. Revitalization of the City Market
began in the late 1970s and early Spa with Design `79. In
2005, SFCS and Duany Plater- Zyberk & Co. (DPZ) were
chosen to lead the planning effort for the City Market
District Plan. SFCS is a local firm with many years of experience working in Roanoke,
specifically on improvements to the City Market area. DPZ, from Charlotte, N.C., is world-
renowned for its progressive planning ideas and respect for unique urban public spaces. Via
downtown businesses and citizens input the plan developed specific, broad reaching ideas for the
Roanoke City Market District.
Top -rated plans have been a part of Roanoke's history for over 100 years. The Downtown
Roanoke 2017 plan builds on the ideas and achievements of the past while incorporating new and
innovative approaches to modern planning issues. John Nolen stated it nicely in 1907: "The
Roanoke Spirit” at its best must be invoked. "A conservative, well considered, and whole-
hearted course of action must be adopted and consistently followed if the best results are to be
secured"
Planning Process
Public involvement is a hallmark of the City's planning initiatives. In this plan, the public's
contribution was extraordinary, both in terms of quantity and quality. Realizing that downtown is
everyone's neighborhood, the City made efforts to capture the opinions and impressions of a
broad range of citizens, from all over the city.
In 2013 a citizen Advisory Committee was created and from that group a 12 member Steering
Committee was formed. The Steering Committee guided staff in the development of the plan in a
hands -on manner and then reported to the larger Advisory Committee. The Advisory Committee
vetted ideas and concepts before they were presented to the public. The committee members
were chosen for their expertise and commitment to Downtown Roanoke, and a variety of
professionals and city residents were included.
While the Advisory Committee provided staff with much needed expertise and oversight, the
first step of the process was soliciting input from the general public. In 2013 a survey was
distributed on the intemet -based Survey Monkey website and over 250 people responded. The
survey was followed up by three (3) public meetings which began the early discussions leading
to the development of themes that helped frame this plan. Hard copies of the survey were
distributed at these meetings, and staff distributed the surveys at the various neighborhood
meetings they attended. The future of Downtown Roanoke was further discussed as part of a
Cityworks COpo walking tour and workshop.
In 2014, City Staff met with developers and real estate professionals to discuss development
opportunities within the downtown. Following that discussion, the process also included three (3)
charettes on streetscapes, which engaged stakeholders in the design and discussion of desired
cross-- sections for streets within the downtown. Discussions continued into 2015 at which point
the project was tabled due to personnel changes at the City.
In 2016, the planning process recmnmenced with two (2) public meetings held that fall. The
Advisory Committee and the Steering Committee were combined to form a Stakeholder's
Committee that continued to convene and help shape the efforts and ideas developing within the
plan.
In 2017, the City held one (1) public meeting in the spring that displayed the themes for the
Downtown Roanoke 2017 plan along with some of the major policies and actions. The Planning
Commission dedicated time to the downtown plan during their work sessions between March
and October of 2017. City Council was briefed in June, and ajoint meeting was held between
City Council and the Planning Commission in early October. Public Hearings were held in
December. Planning Commission reviewed the plan and voted unanimously to recommend
adoption of the Downtown Roanoke 2017 plan. The City Council voted on
to incorporate the plan as an element of the City's Comprehensive Plan.
Crafting the Vision
The survey, performed in 2013, identified important elements to be focused on within the plan,
including the public sentiment for Downtown Roanoke and a sense for the pattems of usage.
The survey received over 250 responses, with eleven percent (11 %) of respondents living in
Downtown Roanoke, fifty -eight percent (58:/0) living in other areas of the City, and twenty-
seven percent (27 %) living elsewhere in the Roanoke Valley. Overall ninety percent (90 %) liked
Downtown Roanoke and they visited for business, dining, retail, and entertainment, with ninety-
six percent (96 %) traveling by car and fifty -one percent (51 %) parking on the street.
Pe
How often do you visit downtown Tor the following activities?
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Survey respondents selected their preference for the most important elements to be focused on
within the Downtown Roanoke plan, and the topics most chosen within the survey were:
• Renovation of existing buildings;
• Retail options;
• Streetscape /sidewalk improvements; and
• More/better green /public space.
Engaging the public through the course of the planning process helped establish a vision I'or
Downtown Roanoke that guides this 2017 plan. Establishing the strengths and weaknesses of
downtown and discussing opportunities and potential constraints, the public process set the
direction for the plan and helped establish the
major themes the plan is developed around.
What do tam out,vt appreciate about Donvbnwn
Roanoke!
The public appreciated that downtown had many
big city amenities, but a small -town feel. With
an abundance of restaurants, a top notch park,
museums, performance venues, festivals and
events throughout the year, transportation options,
and variety of activities, downtown has many of
the same amenities that one might find in a larger
What do you most appreciate?
Elmwood
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,,,Market area
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city. At the same time, Downtown Roanoke
retains its small town feel with easy accessibility,
friendly people, a high quality of life, a sense of
safety and livability, and a quality pedestrian and bicycle experience.
People also recognized Downtown Roanoke as special and unique, with many historic
buildings, the farmer's market, a feeling of authenticity and unique character, and a diverse
culture. In addition, the general location for Downtown Roanoke was seen as a strong attribute,
with its central location in the heart of the Roanoke Valley, and its close proximity to Mill
Mountain, the Blue Ridge Parkway, the Appalachian Trail, and other areas of scenic beauty.
There was also a strong sense that great things are happening. The development and continued
expansion of the greenways and the addition of public art have added to the vibrancy of
downtown. Growth in residential development downtown has helped support an array of local
businesses, increased activity in the area, and helped contribute to downtown's momentum.
Many of the multifamily residential projects were developed with the assistance of historic
rehabilitation tax credits that supported the adaptive reuse of these historical buildings and aided
in downtowns expansion to the west.
it hat is J'otr biggest frustration with Downtown Roanoke?
Concerns stemmed from the fact that small cities grow incrementally. The public appreciated
all the amenities that downtown has but wanted more retail and a full service grocery store. They
wanted more art, parks, and water features, and wanted to bring more residents and visitors to
downtown. Downtown Roanoke has seen a lot of growth, but it has occurred bit by bit and it is
not likely to fully develop overnight.
The public was also concerned that downtown has
gaps and disconnects. Some of the surrounding
roadways, such as 1-581, act as a barrier to access.
There were concerns about handicap accessibility
and the impacts of outdoor dining within the
pedestrian area. The public recognized the issue of
vacancy in downtown and was specifically
discouraged with the vacancy of the Heironimus
Building at the comer of Church Avenue and
Jefferson Street. The current bus station at
Campbell Court was mentioned as a barrier,
creating a disconnect between the core downtown
area and the expanded area to the west.
What is your biggest frustration?
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a*m
ng
The public expressed concern about visitor's perceptions of downtown. Generally, staff heard
that parking was adequate for Downtown Roanoke, but there was a strong concern that
infrequent visitors might have a perception that parking is hard to find or not available. Frequent
street closings for events and festivals coupled with a confusing street network with several one -
way streets and little existing directional signage may create obstacles for visitors. There was
concern that vagrancy and panhandling might create an unsafe perception and the occasional
unclean conditions of the streets and sidewalks, littered by irresponsible pet owners, smokers,
and nighttime revelers, could deter downtown visitors.
What doev Downtown Roanoke need to succeed.'
When asked how they would improve the
downtown, the public wanted more amenities.
People responded that downtown needed more
retail, a grocery store, and a pharmacy, along with
more event venues, such as a movie theater and a
music venue. They sought more hotels within
downtown to support an increase in visitors and
tourists. The public hoped downtown would
remain a hub for small businesses and thought
incentives could help encourage entrepreneurship
and support development within Downtown
Roanoke. They wanted to see more activity within
the City Market Building and more green space and parks in the downtown.
There was a desire for improvements to be made within downtown. Less surface parking, more
infill development and continued renovation of existing buildings, including the renovation of
the Heironimus building and improvements to the bus station were common responses. People
also wanted to see improvements regarding vagrancy and an increase in homeless services. They
m
also suggested implementation of green infrastructure projects to help reduce flooding issues,
and general beautification of downtown and increased marketing to attract new visitors.
Many thought that better connectivity was critical to the continued success of Downtown
Roanoke. Citizens requested streetscape improvements, wide sidewalks, directional signage, and
conversion to 2 -way streets to build better connectivity throughout downtown including the
South Jefferson Street Corridor, Williamson Road through downtown, new growth areas to the
west, and all the neighborhoods surrounding downtown. There was a focus on multimodal
transportation options, with recommendations for pedestrian only areas, better transit (including
transit to the Mill Mountain Star), an improved bus station, a focus on bike friendliness, and
strong connectivity to the region.
If this plan is sic, evsfl, r -hat roil/ Downtown Knaake look like in 20 pears?
The public wants to see a downtown that has great neighborhood connections, and is pedestrian
friendly and bikeable. There will be new retail (including a grocery and phannacy), and public
arc, green space and parks with ample comfortable seating, music, and other attractions.
Downtown will remain a regional destination and a hub for business and transportation. A new
trolley route will help connect neighborhoods and other commercial areas to downtown. The bus
station would be relocated and the new Amtrak connection would successfully bring new visitors
to Roanoke to enjoy a variety of activities and events.
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Downtown Roanoke will be perceived as safe, accessible, vibrant, and fun. Infill development
and the renovation of historic buildings will create opportunities for both new businesses and
housing_ Flooding in downtown will be alleviated and connections will be made with the
proposed Innovation Corridor, the Roanoke River, and the network of greenways.
Developing a path forward
Underlying Principles
Utilizing the input received throughout the planning process, the Downtown Roanoke 2017 plan
is guided by underlying principles that help establish the mission and expectations of the plan.
Downlovn is evetTone's neighborhood
Downtown Roanoke is the heart of the Roanoke Valley and Virginia's Blue Ridge, it should be
welcoming and inviting as a premiere destination for people to live, shop, work, and play.
Accessible to all and adaptable to meet different needs, improvements to Downtown Roanoke
benefit the entire region.
Big ciq- amenities with small town feel
The variety and extent of amenities in Downtown Roanoke are similar to what may be found in
larger cities, but the small town feel remains and contributes to a high quality of life for those in
the region. As the downtown grows, it is imperative to retain the ease of accessibility, sense of
safety, and livability within Downtown Roanoke.
Owage mars in, rementallr. not overnight
Downtown has been revitalizing over the last thirty years and has potential for more expansion
and growth. This plan will help guide public improvements and private development and
investment over the next twenty years, recognizing that the size of the region will temper the rate
of change and that growth can also be affected by fluctuations in the economy.
PhnenuAing is Economic Development
The growth in a knowledge -based economy has given more significance to the importance of
place for attracting economic development. Building on the unique assets of Downtown Roanoke
to create a quality space teeming with activity, improves prospects for attracting talented
workers, investments, travelers, and business to the region.
Themes
The framework for the Downtown Roanoke 2017 plan will be structured around six themes that
serve to build on the success of downtown and aid in its continued revitalization and growth over
the next 20 years.
I. Build on Strengths
2. Fill in the Gaps
3. Expand
4. Enhance Public Space
5. Strengthen Connections
6. Maintain and Market
1. Build on Strengths
The downtown is steeped in history, surrounded by natural beauty, and serves as the regional
center for commerce, culture, and entertainment. Strengthening these foundational elements of
Downtown Roanoke will help support future growth and expansion.
Formerly known as Big Lick, the City of Roanoke was founded in 1882 and grew quickly as a
prosperous railroad town around the turn of the 19 °i Century. Decades of rampant growth left a
legacy of historically significant buildings within the downtown. Many of these buildings have
been the key to revitalizing Downtown Roanoke, as developers have found ways to use historic
tax credits to support the redevelopment of these buildings into a variety of uses. Restoration of
historic structures has added new life to downtown and helped to preserve these buildings for
decades to come. Downtown Roanoke also has several historic and otherwise significant murals
and roof signs that have become part of the fabric of downtown. Downtown Roanoke's historic
assets add authenticity and help preserve a sense of the past.
Downtown Roanoke is conveniently located to serve the
region as the commercial, cultural, and entertainment hub
and is situated close to the Roanoke River and Mill
Mountain with views of the Blue Ridge at every tum. Its
close proximity to the Appalachian Trail, Blue Ridge
Parkway, and other scenic destinations make it a natural
stepping off point for outdoor adventures. As the
economy has transitioned from the railroad industry to
education, medical, service, and tourism, Downtown
Roanoke has retained its role as the central business
district for the region. People from throughout the region
have come to appreciate downtown as a place to shop, dine, enjoy festivals and events, and
experience culture in a walkable urban environment.
The historic tax credit program has played a significant role in Downtown Roanoke's
revitalization. Roanoke has had over 130 tax credit projects, with the majority of them located in
the downtown area. Pressures to trim budgets have brought the Virginia historic tax credit under
legislative scrutiny with the possibility of caps or cuts to the program.
Research completed in 2014, by the Virginia Commonwealth University's Center
for Urban and Regional Analysis show that the state historic tax credit program
has generated almost $4 billion in economic activity In the state from 1997 to
2013 through 2,375 projects, which supported about 31,000 jobs. Within
Roanoke, there was nearly $314 million invested in revitalizing buildings,
incorporating just over 578 million in state tax credits, during the study period.
Survey results and other public input for
the Downtown Plan have shown that
Roanoke supports the continued
revitalization of historic properties with
the downtown area. The use of tax credits
should be encouraged throughout
downtown and the City should encourage
Virginia lawmakers to keep the highly
effective incentive in place.
4C110'.,: Pro%ide support for and lobhr to maintain the historic tax credit.
Downtown Roanoke contains several National Historic Districts:
• Gainsboro Historic District; • City Market Historic District;
• Henry Street Historic District; • River and Railroad Historic District;
• Norfolk & Western Historic District; • Southwest Historic District; and
• Roanoke Downtown Historic • Salem Avenue/Roanoke Automotive
District; Historic District
The downtown has two local historic districts. The H -1
covers the City Market area and the core of downtown,
while the H -2 covers the Gainsboro and Old Southwest
neighborhoods. There is a significant amount of overlap
between the local and national districts, but there are
many areas of downtown that are only covered under the
National Historic District and not the local historic
districts. Properties within the national districts are
eligible for historic tax credits, but there are very little
protections in place to protect these properties (unless tax
credits or federal funds are involved).
The local historic district provides some protections, as
modifications or repair to buildings in the H -1 and H -2
must receive a Certificate of Appropriateness either
reviewed by staff or the Architectural Review Board.
Guidelines for the local district guide the review process
and they generally discourage demolitions or other
changes that would diminish the historic character of the
district. A survey of downtown properties outside of the
14
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local historic district should be prepared to define an expansion area for the H -I district, to
provide protections to significant historic structures.
A( I [ON: Expand the local historic districl lu corer other significant areas of downtown.
In addition to the historical buildings, in the downtown there are
many historic or artistic murals and roof top signs that support the
unique character of Downtown Roanoke. The public recognized that
downtown was special and part of that culminated from the signs and
murals that contribute to the overall aesthetic of downtown.
Surveying these elements of downtown will assist with their
preservation and allow them to be considered part of the inventory of
art and culture within downtown.
ACTION: Document the significant signs and nmrals, recognieiug them as pall of the cih's
art and cults C.
The Roanoke Reeional Partnership, the economic fo a
development organization for the region, created
the Roanoke Outside Foundation to showcase
Roanoke as one of the best outdoor communities
in the United States. As the region continues to
capitalize on its natural amenities, Downtown
Roanoke should also maintain strong connections
to these nearby resources.
The greenway network provides a seamless
connection from downtown to the Roanoke River,
The Roanoke River Blueway, Mill Mountain, and beyond. Future expansion within the County
hopes to extend the greenway out to the Blue Ridge Parkway new Explore Park. Downtown
needs to find efforts to spotlight this connection.
New connections can be created as well. The Appalachian Trail (A.T.) has several trailheads
within a 30 minute trip from downtown. With some of the best hiking along the trail, Dragon's
Tooth, McAfee Knob, and Tinker Cliffs sections are clustered near Roanoke. The trailhead
parking to access these sections has become overused and crowded on peak days. There are
currently some resources available regarding transportation to the Appalachian Trail, but there
15
are no listed services specifically related to transporting people from Roanoke City to trailheads.
Many of the transportation services are provided by individuals and not professional shuttle
services.
A shuttle that runs on the weekends and can
connect these major trailheads and other locations
such as Carvin's Cove and the trailhead near
Daleville, could not only alleviate parking
concerns, but also make a strong connection
between Downtown Roanoke and these nearby
activities. Conference attendees, tourists, and out -
of -town guests can extend their slay an extra day
to take one of these amazing hikes. Locals can
spend the morning at the City Market before
heading on the shuttle to reach the (railhead with
no concern for a full trailhead parking lot.
A( I ION; 'llain(ain greelma) maps that( can be used to help xisitols explore beyond
(If, N I oAx l I.
V(`IIO.N: Support the inception of an A I shuttle connecting dorvntotni to nearby
trailheads.
Roanoke has an array of events and festivals that help bring the community together. Beginning
with the St. Patrick's Day Parade in March and
continuing through December with the Dicken's
of Christmas festivities and into January with
Elmwood on lee, the downtown is alive with
events along major streets and locations such as
the Market area, Elmwood Park, Dr. Pepper Park,
and Rivers Edge Sports Complex. The
restaurants and music venues continue to have a
variety of entertainment that is the perfect
complement to events occurring downtown. This
variety of activities should continue to be
inclusive and support the broader community.
VI ION: Encourage cultural, historical, and couuuunhN based events within the
downtown.
16
nc During the first half of the 20th Century,
Downtown Roanoke was the premiere shopping
destination in the region. Anchored by major
department stores and complimented with smaller
local businesses, downtown was bustling with
activity. As the community grew more suburban,
the department stores also moved out to regional
malls, and downtown was left to reinvent itself.
Roanoke's previous planning efforts helped lead
the way supporting both private and public investment in improvements to keep downtown
relevant and prosperous. Downtown Roanoke is still a major regional destination for people to
live, shop, work, and play. As Roanoke goes forward into the rest of the 21 st Century, it will
need to build on its strength as a walkable urban environment with appropriate development
patterns and urban design that complements the livability of Downtown Roanoke.
There has been a significant increase in market demand for walkable downtowns and
neighborhoods. People of all walks of life are recognizing the benefits of these places. The
ability to easily walk, take a bike, or a quick transit trip to your destination can expand the
amount of time one can spend with friends, family, or community and reduce the amount of
money spent on transportation. Walkable urban places are driving economic growth, as
companies decide where to locate, in part, based on the quality of life a community can provide
to its employees. Downtown Roanoke is a great asset to the region, as it provides a great
example of a walkable urban place within a smaller city and region. Downtown should continue
to create and expand its walkable urban environment to better showcase the high quality of life
within the Roanoke region and attract new business and private investment. The City of Roanoke
should review current development standards and adjust as necessary to strengthen the walkable
urban environment. APedestrian Area Plan would also be valuable to make sure that Downtown
Roanoke is poised to compete against other walkable urban areas in luring economic
development and in providing the highest level of livability for residents, tourists, and other users
of downtown. The plan would take into consideration the unique character of Downtown
Roanoke and utilize best practices to suggest improvements to the walkability in and around
downtown and strengthen connections from the core to other areas such as the River's Edge
Sports Complex, the Civic Center, and the Jefferson Center.
\CI 1ON: Reeks decclopntent standards fools to euurc the proper mix of uses and design
demeuls to reinforce It cibranl pedexn'iun em ironment.
AC'l'1ON: [)INdop It VedestI iau Area VIII that eculuates design standards, zoning, and
an ectscapc cl ell cals.
17
2. Fill in the Gaps
Downtown Roanoke has seen a steady pattern of
major developments since 2000 that has added
over 1,500 new residential units, many revitalized
commercial spaces and a variety of other uses; but
downtown still has many empty storefronts, gaps
in the streetscape, and areas that could be
improved upon to improve the pedestrian
experience. Many of the public's biggest concerns
with downtown relate to these issues. The
Heironimus Building was consistently mentioned
as an eyesore as it sits empty at such a prominent
location along Jefferson Street. Campbell Court is
another area that requires some improvements.
The Market area has seen many improvements
over the years and a few minor changes could
greatly improve functionality .
In addition, recent weather patterns have also
reminded residents that Downtown Roanoke sits
partially within a floodplain and contains a high
percentage of impervious surface. Many members
of the public commented on a need to improve the
situation of flooding, which may include
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stortnwater projects and other green infrastructure
improvements. Stormwater improvements and sidewalk enhancements that help fill in the gaps
within downtown can strengthen the experience of visitors and create better connections
throughout downtown.
As Downtown Roanoke continues to grow, it becomes even more imperative to find ways to fill
empty storefronts, activate and better connect areas of downtown, and encourage downtown
users to extend their slay by providing more opportunities for retail, dining, entertainment, or
other services or businesses.
Within downtown there are several smaller buildings that provide great space for a small
business to have a location within Downtown Roanoke. The City should actively seek resource
opportunities for small business owners that could provide guidance on how to modify their
business plan to locate within these downtown buildings. For example, a typical three -story
building downtown could provide office or retail space on the first floor but have opportunities
for income generation from residential rental units on the second and third floors. If a small
is
business owner was coached on how to use this rental income to offset the cost of their
mortgage, it might help more small businesses to be located within their own building. This is a
great way to encourage more retail within the downtown.
Linking small businesses with a mentorship may also be valuable. Giving small businesses the
opportunity to have a mentorship with a larger, more established company can increase their
success rates and help them establish themselves in their beginning years. According to U.S.
Small Business Administration, `a mentor can help navigate the complex challenges that often
come with being a business owner, and the guidance from someone who has been there
themselves can be a real asset'. The City of Roanoke could benefit from mentorships and
educational programs that deal with restaurants, retail, and other business types to help new
businesses become established in downtown.
A few downtown buildings under private ownership
remain vacant. Some properties, including the
Heirommus building, a former department store, and the
former First National Exchange Bank building, often
have unique characteristics specific to its former use and
are therefore not easily adaptable to new uses. Efforts to
recruit interested parties to these unique properties,
including developers of historic properties, have been
successful however none to date have proven to be
economically feasible. Marketing and targeted
recruitment efforts should continue in seeking new
owners and tenants for these properties.
Likewise, while encouraging newer small businesses and
recruiting other specific businesses, we need to actively
support the existing businesses that help make Downtown
Roanoke a special destination. Encouraging their
involvement with Downtown Roanoke Inc. (DRI), helps provide the existing businesses with a
forum to address issues that may arise. Attention to the needs of existing small businesses can
increase retention as downtown grows, preserving some of the unique character of Downtown
Roanoke. Changes within downtown are not always initially accepted, but efforts should be
made to keep downtown businesses informed regarding proposed changes.
1CI ION: Connect xmall businesses pith information mid I eso uros to help them use
downtown spaces.
V( I ION: I'ar;,ct and recruit businesses to occupy (I oil nnncn huiltliII
>CTION: t se DRI as a thrum to connecl oitit and support existing businesses.
Streetscape improvements have improved the walkability and aesthetics
of Downtown, but care should be made to maintain these elements and
extend these treatments throughout downtown. Wide sidewalks, street
trees, lights, trashcans, pedestrian crossings, and other elements help
people feel more comfortable walking through downtown. As these
elements fall into disrepair they should be fixed immediately to avoid
creating a sense of disorder. Lighting is critical for maintaining a safe
environment where all visitors and residents feel comfortable.
Extending the streetscape treatments is a strategy for tying different
areas of downtown together. Visitors are more likely to continue their
exploration of downtown, if they feel the areas are well connected and
they do not feel that they have
left the downtown area.
Downtown Impervioi
Legend Surface
M11
II♦ Buli6npsa
Parking lots and vacant lots can be an impediment to the
extension of the pedestrian realm. Currently, a third of
the downtown area is made up of parking lots,
driveways, railroads, and other impervious surface, while
only 20 percent is occupied by buildings. As downtown
grows, infill development with structured parking should
be encouraged. New surface parking lots should be
discouraged and existing surface parking and vacant lots
should be considered as development opportunities
The City of Roanoke should seek opportunities to create
structured parking as part of a public private partnership
when these development opportunities arise. The city
should create a map of vacant or underused properties to
help market these areas for development. It may be
necessary for the city to look at possible incentives to
encourage infill development within downtown.
V( -I IOV Make maintenance ofcsistiw; s11 cctccapc clemcuta a lop prim its ill the
doscntoon aided b.� regular inspection by DRL
\('I ION: Repair street lioning when nccessm'c.
V( I ON: Look for opportunities to estund the core strectscape elements, creating it
continuous pedestrian experience.
20
Throughout the public input process, Campbell Court was often a point of concem. The transit
station is vital to the City of Roanoke and the surrounding transit service area. It is a critical
point for transfers, adding accessibility for users. However, the station has inadequate lighting,
undersized loading areas, and driveway aprons that abruptly cut into the streetscape of
downtown. The Intermodal Transportation Study evaluated the potential for the redevelopment
of the transit center in connection with the Amtrak station or platform. The addition of Amtrak to
the downtown is not only a great boon for the region, but it also provides the perfect opportunity
to find a public private partnership opportunity to move the transit center based on the ideas in
the Intermodal Transportation Study.
The current condition of Salem and Campbell Avenues around Campbell Court could also be
improved. On the Campbell Avenue side, redevelopment of the existing Campbell Court could
provide active storefronts that help downtown visitors continue along Campbell and encourage
economic development opportunities west of Jefferson Street.
Potential changes for Salem Avenue streetscape.
Salem Avenue behind Campbell Court could be better activated with appropriate streetscape.
Currently, the sidewalk drops off behind Campbell Court, as the building opens up with bus
entrance and exit aprons. As Campbell Court is redeveloped, the sidewalk should be
21
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Potential changes for Salem Avenue streetscape.
Salem Avenue behind Campbell Court could be better activated with appropriate streetscape.
Currently, the sidewalk drops off behind Campbell Court, as the building opens up with bus
entrance and exit aprons. As Campbell Court is redeveloped, the sidewalk should be
21
reestablished to encourage opportunities along this stretch of Salem Avenue and create better
connections to recent development areas located just further west along Salem.
:k( I ION: Redevelop the transit center seeking opportunities to create connections with
passenger rail and other transportation options.
ACTION: Improve streetscape along; the Sadem Avenue side ol the Camphell Cmu9 at
The City Market Building has done a great job of activating the exterior spaces, but the interior
of the Market Building has a feeling of underuse, as it lost some of its intimacy when renovated.
Strategies should be employed that make the space more engaging.
The City Market Building should be activated with portable market stalls and retail carts. These
carts and stalls could be made for the purpose of temporary and portable retail. Other events and
programming are important for the interior of the market building and utilizing portable retail,
allows for that use to be moved for other programming. Other ideas to activate the City Market
Building could include adding elements of play, integrating playground equipment or public art
that is designed for play.
In order to bring more attention to the
interior of the Market Building, there
should be some collaboration to find a
signature art piece that would draw
visitors into the building and complement
the mosaics at the entry and the nearby art
museum. Suspended from the ceiling or
set on a pedestal in the middle, the public
art piece would be sheltered from the
elements and could be of materials that are
more appropriate for display inside.
Adding more retail and an into the interior
of the City Market Building will help
showcase this significant building and help
support the businesses within the Market Building and in the surrounding Market area.
:ACTION: [nCournge the ingdcomnlation of porIahle market stalls and retail carts o i l hin
the City Alaiset Building.
ACTION: gln k with the Market Building; foundation, DR I. and the City arts
( onnumion to instal] signattur art piece in the t ih Market Building.
22
The area along Wall and Market Streets on either side of the City Market
Building currently has parking on both sides of the street. The sidewalks
on the opposite sides of the Market Building are often partially impeded
by outdoor dining that migrates beyond its permitted space and limits
circulation. The issue of accessibility was brought up often in our public
discussions, and this area in particular was called out as an area of
concern.
As part of a charrette on streetscapes, stakeholders looked at this area
and suggested wider sidewalks and the possibility of closing it for traffic
altogether. At the same time there is a good deal of activity in this area
and retaining some parking in this area is important for nearby
businesses. Reduction of parking is a necessary tradeoff for
enhancements of public spaces that improve the overall Market area.
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As Wall and Market Streets, are periodically closed for events, it seems an appropriate area to
put in place a new treatment that will complement the Market Square area, meet the concerns of
the public, and the needs of the surrounding businesses. Raising the street to eliminate the drop
23
II
�I
As Wall and Market Streets, are periodically closed for events, it seems an appropriate area to
put in place a new treatment that will complement the Market Square area, meet the concerns of
the public, and the needs of the surrounding businesses. Raising the street to eliminate the drop
23
off at the curb, would allow the area to be better used for events when the streets are closed. This
street treatment could also stretch up Market all the way to Church Avenue to strengthen that
connection from the City Market Building to Elmwood Park.
Eliminating parking on one side or both sides of Wall and Market Streets will allow for more
usable sidewalk space that can alleviate the congestion on the sidewalks opposite the Market
Building. The extra space would also allow for some streetscape improvements, with room for
larger trees and outdoor dining areas. Typically the streets would remain open for traffic, but
allow better pedestrian access along the sidewalks and when closed for traffic the street treatment
would be more conducive for event - goers. These changes would also help the City Market
Building better connect to Market Square and create a significant active public space.
ACTION: Unise the sheet to sidcaulk le%el along Market and Nall streets, to allost for
better use s, bell closed for events and to slow speeds 11 hen open for traffic.
k( I ION: ICxpand the sidewalks on the opposite side from the City Market Building
The City of Roanoke is fortunate to have a farmers market that is open daily and has been in
operation since 1882. The activity created by the Historic Roanoke City Market helps enliven the
Market area and is a major draw for visitors to Downtown Roanoke. Although the market is open
every day except Christmas and New Year's Day, there are a limited number of vendors on
slower days and the southern block of Market often has market stalls that are empty. The
emptiness of the market stalls on the slower days of the week give the sense that the market is
not successful. Efforts should be made to activate these spaces, either by continuing ongoing
recruitment of new vendors that have an interest in using the space during the slower days, or
removing the fixed tables and utilizing a table that can be secured to the structure when not in
use to open up areas for pedestrians and outdoor dining opportunities. This would activate the
space when not in use by the regular market vendors, and would still allow the vendors to use
this space when the market is fully occupied,
typically Thursday, Friday, and Saturday. On
these busy days, the vendors can also spill over
into Market Square.
As part of an overall downtown mobility strategy,
closure of Market Street, from Campbell Avenue
south to Church Avenue, for all traffic other than
vendors should be considered during market hours
on the busy days of the week.
V -1 ION: Study opportunities to aclicatc the section of market stalls along Mat ket Street
hch,ccit Church and Dirk.
24
Downtown Roanoke has an existing FEMA
recognized 100 year floodplain. The downtown
area has an area of floodplain to the north
resulting from a channelized stream. There is a
portion of floodplain to the east of downtown and
to the south there is a larger area of 100 year
floodplain and an area of floodway because of the
adjacency of the Roanoke River.
The City has done some preliminary work looking
at the floodplain area to the north and based on
the surrounding topography, it appears that an
even larger area of downtown could be subject to
flooding during a 100 year storm event. The City
has initiated a study to better define the flood
prone area in the core downtown area.
k[ TIO,V: L'sc the dos +ntmrn flood study to
ads isc doscntmr n propertc oo errs
of the flood potential tot their
properties.
M I ]ON: Make the extended floudplaiu
csaInatioil avaIIabIt, to the public.
1 i
t
Downtown Flood '
Zones
Legend
FLOODPLAIN
- FLOODWAT f `
- Advisory Flood Area
As work on this plan progressed, concern grew over flooding in the downtown area. Several
flood events occurred during the summer of 2016 sparking the public's interest in this problem.
The events were sparked by storms with a high rainfall rate in a short period of time. The water
receded quickly but only after inundating some of the downtown streets. The issue of flooding is
not a new one, as a channeled stream flows underneath a portion of downtown creating an area
of floodplain within downtown. In addition, the large amount of impervious surface within
downtown creates high rates of stormwater flow that collects in the low lying floodplain area at
the northern end of downtown. Flooding in this area has been mentioned throughout previous
planning efforts and the occasional flood event is not entirely new.
PW
The City has increased efforts to handle stormwater issues and has a list of stormwater
improvements within downtown in the queue for funding. These projects can be temporarily
disruptive, but the long term benefits may warrant this short term interruption. As Downtown
Roanoke is critical to the economic success of the city and the region, it is imperative that
stormwater projects within the downtown area receive priority.
�A
26
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Other improvements, such as adding tree canopy, green
.Ie... X, =0 9 -
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roofs, rain gardens, rainwater harvesting, and green
_ °
streets should also be pursued by the city and by
property owners when opportunity arises. These
smaller green infrastructure projects have the potential
e ,
to reduce some level of runoff and thereby improve the
W u,�° PP. a mao.�Ve<
overall flooding potential. Green infrastructure is
P.oi__ 'I_ P< >r<
becoming more popular because of the multifaceted
benefits to the urban environment and community.
Community benefits can include increased urban livability and opportunities for education and
engagement. Multiple studies have shown
environmental benefits of green infrastructure to
include reduced flooding, improved water quality, increased groundwater recharge, reduced
public expenditures on traditional gray
infrastructure, reduced energy use, improved air quality,
and enhanced aesthetics and property values.
26
' Tree Trench .- _...
I wing Will
Green Roof
Raingarden
Permeable
Permeable
Ift
�. Pavement ^ I
f4 i1' 1
l /
-- SCOrmw.ner Plan[en - -
Native Planting
nteoectim, B
Examples of green infrastructure projects along it .streetscape. Source: Metro Blooms.
Although flooding within Downtown Roanoke has been an occasional event over the past
century and a half, there is now a growing focus on stormwater, and the city is implementing
best management practices to decrease the stormwater flows, both reducing propensity for
flooding and reducing some of the contamination from runoff downstream. Flood proofing
measures can help better protect properties within the floodplain.
A( "1 -10A: Identify star rim aler iolprot omen1 projects is (hot nlosn to prioritize.
d(�I ION: Increase green jot Iasli let inv. such as: iIcc cannpc. green roofs, rain gardens.
raimstiter harntiting, and green streets.
a(`I ION: Educate properh otrners in floodplain areas to encourage appropriate flood
proofing measures.
27
3. Expand
Downtown Roanoke is growing. Residential growth and new commercial areas to the west of
downtown have opened up new opportunities and areas for future growth. The amazing
transformation of the South Jefferson Redevelopment Area into a prosperous and expanding
mixed use area anchored by Roanoke's emergent Health and Education sectors has expanded
downtown's vibrancy to the south. The area to the north of downtown has historically been
separated by the railroad lines, but the success of the Hotel Roanoke and the Roanoke Higher
Education Center have helped forge better connections with downtown and offers more
opportunity for developments that connect with the nearby residents. The Downtown Roanoke
2017 plan has integrated these growing areas into the narrative of downtown as a key
opportunity for thoughtful expansion. Efforts should be made to create improved transitions
between the existing core of downtown and the greater downtown area.
Revitalization projects along Salem Avenue and Campbell Avenue have helped expand
downtown's footprint west and created new opportunities for future development. A substantial
increase in apartments and some significant commercial spaces in addition to the existing
anchors such as the Virginia Museum of Transportation, the Jefferson Center, and the Kirk
Family YMCA breathed new life into this side of downtown. The significance and success of
these projects have opened the door for more adaptive reuse and development to the west of
downtown.
The area just beyond this current western
expansion has some active industrial uses but is
abundant with unused industrial and warehouse
buildings. Many of these properties are still zoned
1 -1, Light Industrial. Although it is important to
still allow some light industrial uses for these
buildings, it seems imperative as Downtown
Roanoke expands west to allow a broader array of
uses in these buildings, such as mixed use, retail,
and residential. The current 1 -1 parcels in this area
west of downtown should be rezoned to UF,
Urban Flex. This is the same zoning that was used
a
DAY Y -la
For a portion of the Wasena neighborhood that was formerly industrial, adjacent to the Roanoke
River and Roanoke River Greenway. The Urban Flex zoning district accommodates industrial
uses but also allows for mixed use development such as occurred with the River House
development. Following the same process as implemented in Wasena, a rezoning to the west
area of downtown should be preceded by outreach to property owners.
28
The increase in residential units in the western side of downtown has created a growing demand
for parks and open space to accommodate new residents and their pets. With larger park space
located in the core of downtown, the need is primarily for pocket parks, small open space areas,
which can be used as additional space for outdoor activities. There is potential that a pocket park
in this area could also be used in a stormwater management role, capturing and storing
stormwater by integrating green infrastructure and stomrwater best management practices.
V I ION: Rezone Industrial loll ed properh to the west of doaurtoon to Er ban Iles.
ACTIDS: Look for opporlu n i l ies to partner ssitI, S ornioater and Parks and Rec toe, Vale
a pocket park area to the west of downtown.
The South Jefferson Redevelopment Area is a major success
story. This area south of downtown was formerly a major
industrial area, with railroad uses, a grain plant, a scrap metal
operation, a trolley bam, warehouses, and other uses. In
2001, the South Jefferson Redevelopment Area Plan was
approved and paved the way for a major economic
development initiative for the City of Roanoke and Carilion
Clinic. The Roanoke Redevelopment and Housing Authority
partnered in the acquisition of blighted property and the City
of Roanoke used EPA Brownlields grants to assist with assessments and cleanup to help many of
the properties enter into a
voluntary remediation program
through the state Department of
Environmental Quality. The
Bridges development sits on the
site of the former Virginia Swap
Iron and Metal Company site.
The Virginia Tech Carilion School
of Medicine and Research Institute
formed in 2007. The medical
school opened in 2009, with the
research institute opening in 2010.
Now recognized as the world
leader in brain research, the
research institute is preparing to
double in size.
iealth Sciences and Technology
nnovation District
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29
Virginia Tech and Carilion Clinic
have formed a new $25 million
venture capital fund as they look to
invest and prepare for future
growth that could spin off from the
work occurring at the Research
Institute. Hoping to keep some of
this innovation in the area, they are
looking at the area between the
core of downtown and the South
Jefferson Redevelopment Area as a
potential Innovation Corridor, and
hope to work with the City to help
shape future development in this
area.
Once the general concepts for this
district are established, City
Council will need to consider the
adoption of any plans and
guidelines necessary to establish
the Innovation Corridor.
The proposed area in its entirety
extends from Franklin Road at
Wonju to the South Jefferson
Redevelopment Area and north
through downtown along Jefferson
Street and across to the Hotel Roanoke and the Higher Education Center. The area to the south
has been discussed as seven distinct Districts, as shown in the map above, with the area to the
north identified as the Creativity District.
As the South Jefferson Redevelopment Area grows and expands along the Innovation Corridor, it
is important that this growth area to the south is well integrated with downtown.
U "I ION:( re:ne a strategic plan (o support the Innmatinn (.'mTidor.
ACJ ION: ks the Innovation Corridor grov, S. keep it coherent with Dowutoo11 Through
good connections and Sienage.
30
Urban renewal projects and the decline of Henry Street as a
commercial and cultural center resulted in Gainsboro being
disconnected from downtown. The MLK pedestrian bridge has
helped to forge a better physical connection; and the Roanoke
Higher Education Center and the expansion of the At Pollard
Culinary Arts program are great examples of how major
renovation and new development can expand the footprint of
downtown while also providing services to the surrounding
neighborhoods. Opportunities for development in this area
should be evaluated based on how they could provide better
opportunities to the neighborhood. Public art should continue to
be added at key gateways to the neighborhood to help celebrate
the history of the area. This could include an expansion of the
History Walk project.
VC I ION: En Coll 'agc deN clopnn•ut In ojects that serre and provide I ansilion to the
surrounding neighborhoods.
31
4. Enhance public space
As Downtown Roanoke builds on what makes it unique and works to fill in the gaps while
expanding its footprint, it is important that downtown remains welcoming and accessible. One of
the most important roles that can be played by the City is in the maintenance and development of
the public space, which includes parks, plazas, open space, streets, and streetscape. Making
minor improvements in the public realm can help establish Downtown Roanoke as a top -notch
destination while improving circulation and access.
The core of downtown, from Jefferson Street at Elm Avenue up to the City Market Building is
well served with park space and the City of Roanoke has created an axis of public space that is a
strong feature of downtown. This existing park space is used for various events and activities and
helps create a celebrated vista and seamless pedestrian access from Elmwood Park to the Market
area. Holton Plaza is now complete and will add to this axis of public space. Minor additions and
expansions of parks downtown could help strengthen this core area and provide additional park
space to serve other areas of downtown.
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32
Improvements to the streets and streetscape can transform the way people access different areas
of downtown. As downtown expands south connecting to the South Jefferson Street
Redevelopment Area, improvements to the strcetscape can help to extend the walkability and
bike friendly elements of downtown into this new growth area. Likewise, minor improvements to
the circulation pattern of downtown can shorten travel times and eliminate confusion. Other
enhancements to the public space can have big rewards. The provision of public all and
streetscape elements help create a place that people want to live, shop, work and play.
The empty lot next to the Wells Fargo Tower is home to the annual Christmas Tree display and
is often used as space for other events, but during the majority of the year it sits as a barren void
that greets visitors entering the Market area from the pedestrian bridge. Located just north of the
City Market Building and directly south of the Hotel Roanoke and Conference Center and the
connecting pedestrian walkway, the lot has the potential to be a key gateway into downtown.
Polenlial design for Nolen Plaza,
The lot should be framed with landscaping to create an open plaza, Nolen Plaza. Named after
John Nolen, who wrote the City of Roanoke's 1907 and 1928 Comprehensive Plans, the plaza
should commemorate Roanoke's 100 years of planning excellence. The plaza is also envisioned
as the "zero -mile" location for the greenway system. The plaza will be left open on the Market
Street side to allow for various programming, including placement of the Christmas Tree,
construction of a stage, and the ingress and egress of food trucks.
33
The plaza should include trees, landscaping, and a feature that will help activate the space when
not in use for events. The center of the plaza could be enhanced with a circular splashpad that
will create an active use during the warm months, as children (and those young at heart) splash in
the fountain -like sprays of water. Likewise, a piece of art that is interactive could also help
activate the space. Another option is a passive water feature that incorporates flowing water
which could be built along the edges of the space to help define the boundaries of the plaza along
with landscaping and trees. The majority of the space should remain vegetated and walkways
should utilize permeable pavement when possible. Other green infrastructure strategies should be
employed within the landscaped areas to help capture stormwater.
Creating Nolen Plaza, will complement the existing axis of public space and bring year round
activity to this vacant lot. The plaza has the potential to be one of the more active areas of
downtown. As conference -goers traverse the pedestrian bridge they will be greeted by a vibrant
plaza that highlights the history of planning efforts that have combined to help make Downtown
Roanoke a truly special destination.
k( 1105: Create Nolen Plata by Iranting the space eilh landscaping, Ieacing the Market %
Strcut side open to facililale other uses.
4C I [ON::1dd a feature to Nolen Plata to acticatc the space that still allow for the
Christmas I I cc and other es ant needs.
With over 1,500 residential units added since 2000, and more on the way, downtown has more
residents and a few more pets. With limited opportunities to acquire new park space, the City
should look to expand upon the properties already within its inventory. Implementing some
minor changes can help add outdoor space without the high cost of acquisition.
Adjacent to the Municipal Building's south entrance, Lee Plaza is a small plaza that includes the
Roanoke Valley War Memorial. Expanding this plaza will create an opportunity for a beautiful
civic space, enclosed by buildings, which can serve the growing west side of Downtown
Roanoke and provide ample space for public events and other programming. The potential
expansion of this plaza into a larger park is restricted by the encroachment of a parking lot and
an overly -wide street. Decreasing the width of Church Avenue and removing the interior parking
lot will create substantial space for additional green space. The loss of parking will be mitigated
by the addition of more street parking along both 2 "d and 3`d Streets.
Additional parking could be added along 2nd and 3 Streets if the 200 block of Church Avenue is
closed entirely. The complete closure of this section of Church Avenue would create some
disruption in the downtown street network; but, Church Avenue is already affected by an
awkward offset intersection and has two parallel streets nearby that can accommodate additional
traffic. Changes to the street network should be considered as part of an overall downtown
mobility strategy.
Potential redesign of Lee Plaza into a larger City Park.
The City should also investigate opportunities to create small public spaces within the right of
way. Utilizing the streetseape to create small linear parks can connect different areas of
downtown, provide green space and seating, and reduce storrawater along the public tight of
way. Small parklets, also can relieve some of the need for park space. These tiny park spaces are
typically reclaimed parking spaces that can be permanently or temporarily sectioned off with
seating and plantings. As changes to streets and strectscaping occurs, thought should be put into
the possibility of creating small public spaces within the right of way.
>( "110": Redesign the area :u omid [.cc Plaza to create a larger ( itv Nark by rcmos ing
the interior parkin„ lot and using Church :Avenue space.
V 110's: Create small public spaces oithill the right of oit,.
35
With Downtown Roanoke's expansion south to the South Jefferson Redevelopment Area,
expectations are high that the area between these two ends of downtown will see substantial
growth and development as the Innovation Corridor advances into fruition. As this occurs, more
pedestrians and bicyclists will be utilizing South Jefferson Street and demand will be high for
this corridor to promote a strong sense of livability that encourages investment and supports the
residential market. Improvements to the streetscape are a great way to improve accessibility and
link this area to the core of downtown.
and the Jefferson Street Bridge.
Fortunately, there is room to make some minor changes along South Jefferson Street. While the
stretch from Elm Avenue south to the Jefferson Street Bridge is four lanes, it only has the traffic
to support two lanes. A road diet along this stretch is not only preferable to allow for more
pedestrian improvements and an improved sense of safety, but it is also warranted from the
typical traffic counts. Decreasing the traffic to one lane in each direction with turn lanes at the
traffic lights and where needed will allow for expanded sidewalks, curb extensions, and street
parking. Bike lanes will help bicyclists traverse the Jefferson Street Bridge before transitioning
back into a shared lane with motorists as they continue into downtown. Improvements to street
lighting and the addition of street trees will help create a more pedestrian and bike friendly
36
corridor. Students and workers will be able to safely commute without a car and reduce
congestion. It will also help solidify this South Jefferson Avenue corridor as Roanoke's next
high growth area.
Likewise, South Jefferson Street heading north from Elm Avenue to Salem Avenue has four
traffic lanes open from lam to 9am on the weekdays. During the other limes of day and the
weekend the outer lanes are used as puking. Closing these outer lanes to traffic permanently
would allow for some sidewalk expansion, curb bump -outs, and parking. These changes would
allow for more trees and green infrastructure, shorten pedestrian crossing distances, allow more
space for directional signage, and improve sight triangles for cars turning onto Jefferson Street.
V I ION: Repm pose right of rvax along South Jefferson Sri eel, both south and north of
Hill.
VCI ION: Implement pedesh hall and biCN Cie improvements and additional parking as
app rnp ria le for each section. to include bike lanes, expanded sidewalk, street
hees, curb bump outs, on- slreel parking, crosswalks, and green infrastructure.
Most, if not all, Downtown Roanoke's streets originally had two -way traffic. Several Roanoke
streets were converted to one -way traffic after World War 11 when the use of the automobile
became the norm, suburban growth was rampant, and families began living further away from
downtown. The one -way streets were designed to ferry people out of downtown, contributing to
the decline seen in this era, because traffic was faster, drivers were less likely to notice
storefronts and pedestrians felt out of place. Restoring two-way traffic is a tried and true
revitalization strategy. Salem and Campbell Avenues were both converted back to two -way in
the early 2000s, with considerable objection. Since then, downtown has prospered and many now
support the changes after initially opposing the idea.
At present, 1 st Street, and Church, Luck, and Kirk Avenues are the significant one -way streets in
downtown. Conversion to two way streets would greatly benefit: public safety, as emergency
response vehicles could respond more efficiently and traffic speeds would be slower; property
values, as research has Pound an increase in property values along streets converted from one -
way to two -way; and overall livability, as studies show that people view two way streets in
downtown as more desirable and stress -free.
Analysis of these streets should be done to determine if the current traffic pattern is optimal or if
some changes are warranted. Potential changes may include conversion to two -way traffic,
redirection of one -way traffic and slreetseape improvements. In converting one -way streets to
two -way traffic as much on- street parking as possible should be retained and new opportunities
for green infrastructure should be considered. Specific changes to the direction of streets should
be coordinated with property owners and businesses as part of a separate process and not decided
within a larger area -wide plan. The Downtown Roanoke 2017 plan hopes to give some direction
to those future discussions by describing current situations and suggesting some future
improvements.
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Church Avenue between Jefferson and 5th Street is the largest one -way street. Church Avenue
between Jefferson Avenue and 1 st Street is significantly narrower than the rest of the street.
Conversion of this block to two -way traffic would reduce on- street parking, as one side would
need to be removed. Conversion to two -way should be evaluated for the entire length of Church
Avenue (Jefferson to 5th Streets), but particular attention should be paid to the block between
Jefferson and 1st Streets to weigh the potential impact.
Kirk and Luck Avenues and portions of 1 at Street are much narrower. 1 st Street should be
converted to two way, except for the narrow portion between Campbell and Church Avenues.
Both Kirk and Luck Avenues have one -way traffic in opposite directions. Kirk Avenue is split by
Jefferson Street and Luck Avenue is split by I st Street. This negatively effects circulation as
drivers are forced to either use heavily traveled Campbell Avenue or Franklin Road to Jefferson
Street in order to access the blocks east of 2nd Street. Portions of these streets should be reversed
to keep them in a single direction and they should be modified along with other changes to
improve the overall circulation.
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Church Avenue between Jefferson and 5th Street is the largest one -way street. Church Avenue
between Jefferson Avenue and 1 st Street is significantly narrower than the rest of the street.
Conversion of this block to two -way traffic would reduce on- street parking, as one side would
need to be removed. Conversion to two -way should be evaluated for the entire length of Church
Avenue (Jefferson to 5th Streets), but particular attention should be paid to the block between
Jefferson and 1st Streets to weigh the potential impact.
Kirk and Luck Avenues and portions of 1 at Street are much narrower. 1 st Street should be
converted to two way, except for the narrow portion between Campbell and Church Avenues.
Both Kirk and Luck Avenues have one -way traffic in opposite directions. Kirk Avenue is split by
Jefferson Street and Luck Avenue is split by I st Street. This negatively effects circulation as
drivers are forced to either use heavily traveled Campbell Avenue or Franklin Road to Jefferson
Street in order to access the blocks east of 2nd Street. Portions of these streets should be reversed
to keep them in a single direction and they should be modified along with other changes to
improve the overall circulation.
Church Avenue between 3 and 5" Streets.
ACTION: Develop it Doontnwn ylobilit% Strategy and work with stakeholders to
implcmenl.
The City has done a tremendous job supporting public an
throughout downtown. The Roanoke Arts Commission oversees
the implementation of the Roanoke Public An Plan, adopted in
2006. The Commission has overseen the installation of dozens of
temporary and permanent public art pieces within the downtown.
The City has also installed art on the city buses and trashcans in
addition to supporting several mural projects. During public
discussion for the Downtown Plan there was widespread support
for public art and often a desire for more installations throughout
downtown.
There are several opportunities for additional public art in the
downtown. As mentioned, the City Market Building would be an
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39
ideal location for a significant art piece that is a major attraction to downtown. In addition, some
of the new and old park spaces would benefit from the addition of public art. At the comer of
Elmwood Park where Franklin and Elm Avenues meet, a public art piece would act as a gateway
to the park and signify the connection between the Innovation Corridor and the core of
downtown. As Holton Plaza is completed, public art would be a great addition to this space.
Public art would be an important addition within the proposed Nolen Plaza, City Park (the
redesigned Lee Plaza area), and the potential pocket park along Campbell Avenue, Likewise,
public art can be used to help with connections under 1 -581 and to celebrate the history of the
neighborhoods to the north of downtown.
■ � . P,.J a
Another way to add vibrancy within the
downtown is to pursue ways to liven up the
alleys. The City's Solid Waste Management
division established five sealed compactors
within the core of downtown that accept trash and
recycling from residents and businesses. This has
contributed to a clean, attractive strectscape
within downtown, free of clutter, unpleasant
odors, unwanted pests, and debris. The alleyways
downtown in particular have benefitted from this
change in solid waste pickup. The alleys are
located throughout downtown and offer the
opportunity for various treatments to liven up the area. In other locations, lighting, arched
gateways, plantings, and public art installations have been used to brighten up these otherwise
neglected areas.
Additional lighting in alleyways can be
used to create a more welcoming and safe
atmosphere. Lights can be streamed in
zigzags across the top of the alleyways.
An arch could be installed at the entrance
to an alley to catch pedestrians' eyes.
Plantings can be installed vertically on the
walls, or placed in planters on the sides of
the alleys. Pervious pavement retrofits
could be completed to reduce stormwater
runoff. An could have a historic or
cultural relevance to Roanoke, or be
commissioned by a local artist.
Possibilities include a tile mosaic,
woodworking, collage, or moral. This
40
ALLEY #111, AUSTIN, TX, Completed April 2013
htto: / /www.fyoog.com /20 -ft -wide/ 1
piece of an could be interactive, engaging people to take pictures with the wall, etc. Pop up art
shows rotating from alley to alley is another way to focus art into these areas. Alleyways could
be themed, based on their history or points of interest that they currently help connect. The
treatments within the alleys will help establish them as outside rooms.
These alleys should also be considered for opportunities for event space, alley parties, and other
temporary programming or permanently closed to traffic to create public space that could further
integrate the alleys into the fabric of downtown. Downtown Roanoke's alleyways have the
potential to be a positive, multi -use space instead of space that community members typically
avoid. The renovation of Roanoke's downtown alleyways could be a draw for downtown and
generate more outdoor areas for people to gather.
A(C110N: Expand art installations to other Ace areas of doruiumit.
M IION: Eisen up the alleys wfill arl, lights, and other unique tre2truenls.
The public had a lot of concern regarding anti - social behavior and the effect this behavior had on
people's perceptions of Downtown Roanoke. Due to this concern, efforts have been made in the
past to eliminate seating in public spaces-. Unfortunately, this has not deterred panhandling and
anti- social behavior but has instead prevented people from using these spaces, in essence making
the problem worse.
The best way to handle the problem is to make our public spaces attractive and functional for
everyone. If these spaces can be activated and used regularly, the mere presence of `eyes on the
street', a term coined by Jane Jacobs to describe the activity and presence of street life in her
seminal, The Death and Life of Great American Cities, can detract the anti - social behavior.
There is no set tipping point, and each location is likely different. Some locations may not
attract enough people to warrant the addition of amenities, but those public spaces that are ripe
for activity should be programmed as such.
If an undesirable element is using
the chairs and tables that are placed
places designed with distrust get what they are looking for
within the space, then more table
and it is in them, ironically, that you will most likely find a
and chairs should be added to
create opportunities for others to
(undesirable). You will find (undesirables) elsewhere, but it is
use the space and create the `eyes
the empty places they prefer, it is in the empty places that
on the street' element that will
they are conspicuous — almost as if, unconsciously, the design
begin to deter the anti - social
was contrived to make them so.
behavior. In doing so, it is pertinent
to use seating that is designed for
The Social Life of Small Urban Places, William H. Whyte
urban areas. Often this seating will
be built in a way to deter users from
lying down to help minimize the issue of overnight users.
In order to better manage downtown's public spaces, the City should work closely with the City
Police Department Market Square has recently been adopted as a city park, which will allow
enforcement against late night loitering. During the public planning process, the police
department was often complimented for their efforts working within the downtown area but
comments often suggested the need for more enforcement. The City should work closely with
Downtown Roanoke Inc. and the City Police Department to monitor the situation of anti- social
behavior in the downtown area.
Active public spaces are a primary element for placemaking, and if Downtown Roanoke is to
achieve success as a walkable urban place that contributes to the region's livability, then efforts
should be made to maintain public spaces that are not mere blank, lifeless plazas but comfortable
locations to sit and enjoy the movements of the city, eat lunch, place a phone call, scan the
headlines, or work on one's mobile device. The addition of seating is not a guarantee that anti-
social behavior will be reduced, but at least downtown's prominent public spaces will be
accessible for everyone.
V IION: Put in place seating that is designed for urban areas. Create encirnnnlenls to
encourage 'ens oil the street' within IIUN111mRn public spaces.
A(. "IION: Rork ssith police department to reduce anti - social behavior.
42
for the placement of each business name on the signs to help recoup some of the costs for the
block by block wayfinding.
As the regional points of interest and block by block wayfinding
programs are put in place, it may also be valuable to have a small
location map placed along with the wayfinding. There are a few
of these points of interest maps around downtown already, they
could be used with some of the other directional signage and
located in more areas of Downtown Roanoke.
The adjacent Market Square Walkway Map example also maps
the greenway network. Efforts should be made to create better
directional signage for the Lick Run and Mill Mountain
Greenways and the future connection to Tinker Creek Greenway
as they connect through downtown, either utilizing the
aforementioned wayfinding efforts or creating specific
wayfinding for this section of greenway. Examples of efforts in
other locales include metal medallions placed within the
sidewalk or roadways, or more traditional or modern signposts.
Improving this route through downtown will help draw attention
to close proximity of the greenway system and the many points
of interest connected by the greenways to Downtown Roanoke.
-77,14
A( 'I ION: support regional stay tin d i ug project.
1( IION: 1:nhauce directional signage in Dornuoon Roanoke, connecting different
expansion areas, businesses, grccnwvn, and kec points of interest.
44
Downtown Roanoke is encircled
by neighborhoods and these
connections should be strengthened
to encourage more travel on foot
and bike into downtown. There are
several barriers that hinder the
neighborhood's connections with
downtown. The railroad lines
separate the neighborhoods to the
north, the railroad tracks and the
Interstate 581 separate the core of
downtown from the Southeast
neighborhoods and the South
Jefferson Redevelopment Area,
and the Roanoke River separates
the South Jefferson Redevelopment
Area from its surrounding
neighborhoods. The neighborhoods
to the southwest and west of
M.rt t
downtown have fewer barriers but are still confronted by voids that make accessing downtown
more difficult or less comfortable. These voids include vacant lots, inactive storefronts, parking
lots, fenced lots, underutilized warehouse or industrial buildings, or busy street crossings.
Major street crossings should be improved to better accommodate pedestrians with pedestrian
signals, crosswalks, and shorter crossing distances. The underpasses that create barriers for many
of the neighborhoods to the east and southeast can be brightened up with improved lighting and
an projects, such as the Gateway Mural at the intersection with Tazewell Avenue and Interstate
581. Other underpasses could benefit from similar treatment, and signage could help navigate
pedestrians and bicyclists through these narrow passages.
Efforts will be made to encourage infill development to fill in the voids and decrease the vastness
of barren parking, fenced lots, and vacant buildings along the edges of downtown, but this type
of change will be market driven and not likely to occur overnight. Good signage and pedestrian
accommodations along the right of way can help encourage cross connections from the
neighborhoods to the downtown.
45
vI
It 14; yy,77■..
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%( I ION: Improve critical street crossings to be more accommodating to pedestrians.
a( °I ION: Encourage infiIIto i [it pro%e voids created It vacant lots, and use art, lighting•
and signagc Io oserco Ill ° physical barriers.
A( I ION: create an Orhan Loop grceTIN' ay encircling (I ossnlown, using existing grecmv: %,
intprorcntads to ('untpbell and Patterson. and branded signage.
Downtown Roanoke has a variety of different parking options. Free on- street parking varies from
30 minutes to 2 hours depending on location. There are both private and public parking lots and
decks with a variety of hourly, daily, monthly, or annual pricing. Many of the lots and parking
decks have been updated and now accept credit cards. The public largely felt that parking in
Downtown Roanoke was adequate and available, but there was concern that the perception of
parking was a problem for downtown as those that do not regularly travel to downtown might not
have a good idea of where to go or might be thwarted when they arrive during a big event and
have difficulty finding parking. The public often cited that the on- street parking, which was
coveted because it was free and close to destinations, was typically full.
47
The City of Roanoke is testing parking meters for on- street parking in the
downtown. After the pilot project, the city will consider if this is the right path
forward. The parking meters will help encourage turnover of on- street parking.
The Downtown Roanoke 2017 Plan would encourage the use of parking meters
throughout the core of downtown, to discourage long term parking use of the
on- street parking spots and leaving those spaces available for short term parking
during daytime business hours. The meters may potentially discourage the
daytime worker from shuffling their car throughout the day and leave those on-
street spots to the customer trying to run in for lunch or to make a purchase. It is
important that parking be priced to create a 15 -20 percent vacancy rate. As the
pilot project is reviewed it may prove worthwhile to adjust the pricing to find
the equilibrium of use and turnover.
rl
The City of Roanoke should explore new signage to improve
visibility and navigation to the public parking decks. Improved
signage will help infrequent visitors find the available parking.
During peak times and special events, it may also be helpful to know
the availability of the parking decks before entering. Real -time
digital vacancy signs can provide an easy way to notify visitors
where the best areas are to park and which parking decks are full.
These digital signs can be posted outside of the major decks and
potentially new the exit ramps off of Interstate 581. The City of
Roanoke should explore the possibility of utilizing this technology as
part of a long term strategy to help visitors find puking in
Downtown Roanoke.
As the vacant office space within downtown begins to become
occupied, there will be a tightening of parking availability in certain
areas within the core of downtown. Seeking more office uses within
Downtown Roanoke, there may be a shortage of parking for daytime
employees that could be a limiting factor in recruitment of
businesses. As the City of Roanoke is still paying for the parking decks that it now has in its
inventory, it is unlikely at the present time to build an additional parking deck without the
support of a public private partnership. As new development occurs within downtown the City of
Roanoke should look for public private partnership opportunities to help build structured parking
as part of a larger development.
V "I ION: I c parking meters to increase rut norer of street parking'.
V0110": Ileselop long term slrategr fur signage to help idenlits parking facilities.
:A('LION: Look ko public pi isaIe partnership oppurtuniI ius to assist with parkin;; decks to
support nest des cloputcnt.
48
Downtown Roanoke can also reduce parking demand and auto
congestion by supporting new modes for people to arrive to
downtown. On bike, bus, or train, a rider on one of these
alternative modes of transportation will reduce the number of
vehicles in downtown, essentially having the advantage of being
a downtown user that didn't have to drag their car with them.
Bike share is an excellent idea for the City of Roanoke and the
surrounding area. Ride Solutions recently started a bike share
nearly overnight with primarily private funding. The bike share
has been tremendously popular and helps connect the
neighborhoods and their village centers with Downtown
Roanoke and the greenway system. The Downtown Roanoke
2017 Plan recommends expanding the bike share by encouraging
new private and public investment for more bike stations in the
downtown. Currently at 13 stations, downtown and the surrounding neighborhoods could benefit
from several more stations helping to connect the neighborhoods with Downtown Roanoke and
to facilitate people taking short trips on bike versus a car.
Another popular way to move around downtown is the Star
City Trolley. The free trolley service is operated by Valley
Metro as part of the city's public transportation system and
connects the core of downtown to Carilion Roanoke
Memorial Hospital, the Virginia Tech Carilion Research
Institute, and the surrounding neighborhood. The trolley is
a joint effort funded primarily with federal and state funds
along with a couple local partners: Carilion, Downtown
Roanoke Inc., and the City of Roanoke. The trolley with its
historic appearance was a very popular point of discussion with the public, and it was often
mentioned that the City should add another trolley route. Often Grandin Village and Wasena
were mentioned as possible stops. A new trolley route would not only encourage people to arrive
in downtown via trolley but may also help extend the stays of visitors and guests who spend an
extra day exploring Roanoke's unique village centers. The City of Roanoke should look for
future partnership opportunities to fund and operate another trolley route linking even more of
the city with downtown.
49
The platform for the new Amtrak service to Roanoke is located in Downtown Roanoke. The train
service will be a great amenity for residents in the Roanoke Valley and may likely create a new
avenue for tourists and business travelers alike. Although train stations are typically centralized,
stations in many cities are in areas of town that are
inconvenient or seldom traveled. Roanoke has the
advantage of having its stop in a very walkable location
in the middle of Downtown Roanoke. As the center of
business, culture, and entertainment, Downtown Roanoke
is well suited to benefit from this transit stop. It will be
important to provide directional signage to help arrivals
navigate around downtown or find transportation for their
next destination. A city map and directional signage will
help encourage visitors to stay in downtown and discover
the many different restaurants and businesses that are all within walking distance.
%( I ION: Support the continued expansion of bike share.
.1(710A: P:mluel. ssilh private entities to initiate an additional h'olley service.
A( ZION: Provide information and directional si,oal;e to help amtcak passengers reach
their (lest i nal ion.
50
6. Maintain and Market
Downtown Roanoke has an opportunity to be a premiere destination for tourists seeking to
explore a unique walkable urban environment with a variety of retail and amenities located
within a close proximity to outdoor recreation. For the same reasons, downtown should be a
strong attractor for prospective businesses coming into the region. In order to help Downtown
Roanoke stand out above other competitive downtown markets, downtown needs to be
maintained and kept in pristine condition to help promote it in the best possible light. Although
regular users may learn to ignore the pile of cigarette butts and trash left in the tree wells, the
visitor quickly makes note of this lack of cleanliness and may lose the sense of Downtown
Roanoke as a special place. The City of Roanoke should evaluate its routine cleaning and
maintenance schedule and look to add staff where necessary to improve current conditions
within the downtown. Downtown Roanoke Inc. (DRI) should help monitor cleanliness issues,
reporting situations to the City. Voluntary clean up events can also play an important role in
keeping downtown clean.
The City of Roanoke should also continue to support fagade improvement programs, to help
businesses clean, maintain, and upgrade storefronts. Programs such as the Downtown Roanoke
Beautification Grants supported by DRI can help business
and property owners to spruce up their storefronts. With
opportunities for assistance available, business and
property owners should be encouraged to make these
aesthetic and health and safety related improvements. The
City of Roanoke should evaluate its current policy on
maintenance of encroachments in the right of way and
either pursue tighter enforcement or consider
amendments to the policy to ensure that signs, awnings,
and outdoor dining placed in the right of way are
maintained.
,A('TION: Deep it clan, increasing staff to maintain and clean doonIonn.
VI ION: Enforce it police on maintaining encroachnicntc in the right of way, to include
signs, :mnilws, and outdoor dining.
51
Downtown Roanoke Inc. (DRI) has been funding the purchase of hanging
flower baskets for the downtown light posts and has been adding more and more
baskets every year, allowing them to cover a growing expanse of downtown.
DR] has staff to water and maintain the hanging baskets within the Market area,
but is not able to maintain some of the hanging baskets along Jefferson, and
western portions of Campbell and Salem. The City of Roanoke has been
assisting with the maintenance of these plants, and as the area of coverage
grows, the City of Roanoke and DRI should coordinate and find ways to water
and maintain the plants. The hanging plant baskets help connect and beautify
areas of Downtown Roanoke. They are a valuable piece of the aesthetic appeal
of downtown.
.kC IION: Continue eNpans'ion ofhauging plant% in the downtown at ca and coordinate Cite
and DRI to handle maintenance of tile plenty.
One of the great traditions within Downtown Roanoke is the abundance of events that occur
throughout the year. These events draw people into downtown and help keep downtown active
and festive. Some events do however require road closings and other special accommodations,
which may impede some businesses from their normal flow of business. Efforts should be made
to rotate locations around downtown, and to look for areas outside of downtown that may be
appropriate for smaller events. Encouraging events to occur in other parts of the greater
downtown area can get people into parts of downtown they don't typically frequent, which could
help strengthen connections between those areas and the core of downtown. The Special Events
Policy should allow the special events coordinator to be more selective, looking for special
events that have the biggest draw, a history of success, celebrate our unique culture and growing
diversity, and are otherwise significant enough for Downtown Roanoke. The Special Events
Policy has been updated and will be implemented beginning January 2018.
V( I ION: ht order to avoid beilw ucerused, identifi other m eas that smaller erents can
occur.
52
Downtown Roanoke should strive to be a top destination within the State by continuing to work
on placemaking and marketing. Build on the efforts of Virginia's Blue Ridge and market
Downtown Roanoke to potential businesses and residents, developers, current residents, and
visitors. A marketing campaign should be City of Roanoke specific, with a big focus on the
downtown. With the new Amtrak service, it would be valuable to extend marketing to the
northeast area and perhaps target the Amtrak newsletter, The National. Many people are not that
familiar with Roanoke, so building familiarity will help create a draw to our vibrant downtown.
V( "I ION: Building on A irginia's Blue Ridge, fund a marketing campaign Ihal reaches a
rc,,ional audience and describes the uniqueness of Roanoke.
53
Downtown Plan 2017 Implementation Matrix
1- A- Encourage Fears onovaher and In pport the had of historic tax credits.
Povide cocoa, for and lobby m maintain the historic tax,edit.
1 -B'. Protect historically significant buildings in the tlowntown.
Expand the local historic district to ewer other significant areas of tlowntown.
1-C Preserve signs and murals that add to the fabric of Downtown.
Document the si,onflont signs and murals. recogmzing them as partoflhe city's art and culture
1 -D Marketthe close proximity to the mountaanS, Roanoke River, Blue Ridge Parkway,
Maintain grenway maps that an be used to help visitors explore beyond downtown.
antl Appal, Far Trail.
Support the reception of an AT shutlle connecting downtown to nearby Frail heads.
1 -F. Celebrate the unique culture and growing diversity of Roanoke.
Encourage historic, cultural, and community based events within the downtown.
1 -F Support Downtown Roanoke's position as the regional center for the Virginia Blue
Review development standardybools to ensure the proper mix of uses and design elements to reinforce a vibrant pedestrian environment.
Ridge area.
Develop a Pedestrian Area Plan that evaluates design standards, zone ng and streetscape elements.
2A Work to it 11 vaa nt storefronts .
Connect small businesses wit hinf ormation and resources to help them use downtown spaces.
Target and resume businesses To occupy downtown buildings.
Use DR' ad a forrinfor W connect with and support existing businesses
2 -B: Repair voids l n the streetscape and improve the pedestrian realm, while supporting
Make maintenance of existing stroboscope elements a top priority in the downtown aided by regular) nspection by DRI.
infill development
Repair street lighting when necessary.
Look for opportunities to extend the core streetscape elements, oreatinga consumers pedestrian experience.
2L: Impove the area around Campbell Court
Redevelop the transit center seeking opportunities to create connections with passenger rail and other transportation options
Improve streetscape along the Salem Avenue side of the Campbell Court area
2 -D'. Activate the Gty Market Building.
Encourage the Implementation of portable market stalls and retail cans within the City Market Bo llding-
Work with the Market euiltlin, Foundatlon, DPI, and the City Arts Commission to Install signature art piece in the City Market Builtling-
2- E'. Enhance the pedestrian experience within the Market area
Raise the street to sidewalk level along Market and Wall Streets, to allow for better use when closed for events and to slow speeds when open for traffic
Expand the sidewalks on the opposite side from the City Market Building
2 -F Support the City Farmer's Market_
Study opportun,t.ds to activate the season of market stalls along Market Street between church and ends,
2 -G Support appropriate floodplain management.
Use the downtownfleod study to advise downtown property owners of the flood potential for their properties.
Make the extended floodplain evaluation available to the public,
2- H- Reduce flooding by encouraging stormwater and greenlnfristfucwre projects In
Identify stormwaterimpro emnnt projects In downtown to prioritize.
tlowntown.
Increase green Infrastructure, such as tree canopy, green roofs, rain gardens, rainwater harvesting, and green streets.
Educate property owners In Randall areas to encourage appropriate flood proofing measures.
3,A Build on new growth to the west of downtown by encouraging redevelopment of
Rezone Industrial zoned properry to the west of downtown to Urban Re, .
cant buildings.
Look for opportunities to partner wiin Stormws W r and Parks and Red to create a pocket park area to the west of downtown.
3 -B: Capitalize on the expansion of the Sv Uth Jefferson Redevelopment Area
Create a strategic confider plan to support the Innovation Corridor
As the Innovation Corridor grow; keep It coherent with Downtown through good ronnednons and signage.
3 C: Encourage development to the north of downtown to be connected with the
Encourage tlevelopment Prothro, that serve and provide transition to the surrounding neighborhoods .
mounding neighborhoods.
Downtown Plan 2017 Implementation Matrix
4A: Improve theempty lot next to the Wells Fargo Tower Into an active plaza.
Create Nolen Plaza by train ing the space with landscaping, leaving the Market Street side Open to facilitate other uses.
Add a feature to he ep Pla xa to aft ethe space That still Those, for the Christmas Tree and other event needs.
4 -B: Create new park spaces.
Redesign the area around Lee Plaza to create a larger City Park by removing the interior parking lot and using Church Avenue space.
Create smart An In spaces within the right of way.
4-G Improve connections to South Jefferson with Improvements to strae6co pit
pattern right of way along South Jefferson Street, both south and north of El in
Implement pedestrian and blc,de improvements and additional parking as appropriate for each section, to 1home bike lanes, expanded sidewalk, street
tees, curb bump outs, on shot up king, crosswalks, and green Infrastructure.
4 -U: I in prove mobility throughout downtown streets.
Develop a Downtown Mobility Strategy and work with Stakeholders to implement.
4 E: Add art and other treatments to add vibrancy to tlowntown.
Expand art Installations to other key areas of tlowntown.
Liven up the alleys with art, lights, and other unique taeaterem6.
4 F Reclaim public Spaces and amenities for appropriate civic use by a lL
Put In place seating that is designed for , than areas .Create environments to encourage eyes on the stree t within downtown public spaces.
Work with police department to reduce act,conal behavior.
SA: Support directional signage throughout downtown.
Support regional wayflndng pmlect .
Enhance directors l signal n Downtown Roanoke, connecting different expansion areal businesses, greenway, and key points of Interco,
5 -B: Create strong pedestrian and siecle connections to the Ganybouro, Belmont, Old
Improve critical street crossings to be more accommodating to pedestrians.
Southwest, MUrt Park, Mountain View and West End neighborhoods,
Encourage inFlllto Improve occur shaped by vacant lots, a no use art, IlgM1nng, a no signage to overcome physical barriers.
Create an Urban Loop greenway enciduring downtown, using existing greenway, Improvements to Campbell and Patterson, and branded signage.
5C: Ma ke efforts to lmpmve the user- friendliness of parking in downtown
Use parking metersto,ncreaseturnooerofstreetparking -
Develop long term strategy for signage to help identify parking foci lilies.
Look for public private partnersh p opportunities to Sr i9 with parking decks to su pport new development.
5 -D: Expand multmodal connettions In tlowntown.
Support the continued expansion of bike share.
Partner with private entitles to initiate an additional trolley service
Provide l nfmmation and directional ognage to help Amtrak passengers roach their dertinatem
6A: Maintain downtown to Show visitors that we recognize it as a special part of our
Keep it clean, Increasing staff to maintain and clean tlowntown.
community
Enforce apolicy on mountanning encroachments In the right of way, to include signs awnings, and outdoor dims!
6B: Support ae sthe na nreetssape treatments within the downtown.
Continue expansion ot hangs ng plantsethe downtown area and coordinate City and DRl to handle maintenance of plants.
6C Support special events,n our downtown, recognizing a need to be selective to avoid
In order to awed hang sciences, identify other a yeas that ima III events can occur.
and continual disruption.
6VD: Ma�rket downtown to businesses, developed, visitors, and current and potential
Building on Virginia s Blue Ridge, fund a marketing ca mpaign that reaches a regional audience and describes the uniqueness of Roanoke.
residents
F4]
The Roanoke Times LACCoanf Nambe,
Roanoke, Virginia 6011439
Affidavit of PublicaGOn
t.IlYUI i:oc.Nr;aL IIU December 05, 2017
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Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
DEC 14 2017
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
CITY OF ROANUKE
HEARING NOTICE A was published in said newspapers on the
PLANNING BUILDING S
following dates:
DEVELOPMENT
11126 1210512817
The First insertion being given... 11128/2017
'
Newspaper reference: 0000655680
Billing Representative
Sworn to and subscribed boars me this Tuesday, December 5, 2017
Notary Puh is
State of Virginia
GitylCounty of Roanoke
My Commission expiresl�/ /,/
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THIS IS NOT A BILL PLEASE PAY FROM INVOICE. THANK YOU '* ...
PUBLIC
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PUBLIC IIEARING NOTICE
PUBLIC HEARING NOTICE
Any 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.
Any applications will be available for review in the Planning, Building, & Development office,
first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on December 11, 2017,
at 1:30 p.m., or as soon as the matters maybe heard, to consider these applications:
Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0
Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave
NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203,
3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from
Commercial General District (CG) to Mixed Use Planned Unit Development District ( MXPUD),
subject to development in substantial conformity with a MXPUD development plan revision
dated November 16, 2017, and Commercial General District (CG), subject to conditions
restricting vehicular access to existing access points and requiring cross access and parking
agreements for the subject zoning parcel. The land use categories permitted in the MXPUD
District include residential; accommodations and group living; commercial; warehousing and
distribution; assembly and entertainment; public, institutional and community; transportation;
utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800
square feet of lot area. The land use categories permitted in the CG District include
accommodations and group living; commercial; industrial; warehousing and distribution;
assembly and entertainment; public, institutional and community; transportation; utility;
agricultural; and accessory; with no maximum density specified and a maximum floor area ratio
of 5.0. The comprehensive plan designates the property for small and medium scale commercial
use, but does not specify density. The proposed use is a hotel with possible future commercial
development.
Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the
public's right to use a portion of Villa Heights Park, such portion being the entirety of real
Property owned by the City of Roanoke located at 2750 Hoover Street, N.W., and designated as
Official Tax Map No. 243 0601 .
A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's
comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new
Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at
building on the current success of downtown and aiding in its continued revitalization and
growth over the next 20 years.
The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural,
and loeational strengths of downtown to build a base for future growth by supporting historic
renovation, protecting historic resources, marketing downtown's proximity to cultural and
natural amenities, and supporting the development of n Pedestrian Area Plan to expand the
walkable urban environment of downtown; 2) Pill in the Gaps: Connect small businesses with
resources, target and recruit business to occupy downtown buildings, maintain and extend the
strectscape, make improvements to the Campbell Court and Market Street areas, and encourage
appropriate stormwater management; 3) Expand: To the west, support an urban flex zoning
district to encourage continued growth in the area; to the south, support the creation of a strategic
plan for the proposed Innovation Corridor; and to the north, support development projects that
serve and provide transition to the neighborhoods; 4) Enhance Public Space: Make minor
additions and expansions of downtown parks to provide additional park space, repurpose right of
way along Jefferson Street, improve mobility of downtown streets, and use art and other
treatments to add vibrancy to public spaces; 5) Strengthen Connections: improve critical street
crossings to be more accommodating to pedestrians, create an Urban Loop greenway that
encircles downtown and connects to the existing greenway, and support downtown wayfinding
to destinations, parking, and other modes of transportation; and 6) Maintain and Market:
Maintain downtown as a showcase that can be marketed regionally as a top destination.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on December 18, 2017, 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 hearings.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13,
2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications:
Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing
Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception
pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to
permit parking, off -site.
Application by Ann Janney- Schultz for property located at 1914 Westover Avenue, S.W.,
bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed- Density District, for a
special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Alexander Lipme for property located at 3121 Corbieshaw Road, S.W., bearing
Official Tax Map No. 1650201, zoned R -5, Residential Single - Family District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing
Official Tax Map No. 1330108, zoned RM -1, Residential - Mixed- Density District, for a special
exception Pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Donna M. Payne, Acting Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017.
Please bill and send affidavit of publication to
Tina M. Carr
Secretary to the Planning Commission
Secretary to the Board of Zoning Appeals
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1730
tina.carr(iilroanokeva eov
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
SJITUAN I M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Roorn 456
Roanoke, Virginia 24011 -1536
'1'elephune: (14t))853-2541
Ena: (5411)M53-1145
F nmik Or. k(mrnnnnkre..gnr
December 19, 2017
Andrew Cochran, General Registrar
Roanoke City's Registrar Office
317 Kimball Avenue, N.E.
Roanoke, Virginia 24016
James B. Alcorn, Esquire
Virginia State Board of Elections
Washington Building, First Floor
1100 Bank Street
Richmond, Virginia 23219
CE.('RLIA E. MCCOY
Deputy City ('Jerk
CE(ELIA'I'. WI{RII, CM('
A�.viNnnt DePUty City Clerk
John A. Brill, Secretary
Roanoke City Electoral Board
2702 Idlewild Boulevard, N. E.
Roanoke, Virginia 24012
Mark Vucci, Director
Division of Legislative Services
Pocahontas Building
900 E. Main Street, 8th Floor
Richmond. VA 23219
Kelly Thomasson
Secretary of the Commonwealth
P. O. Box 1475
Richmond, Virginia 23218
Re: City of Roanoke, Virginia, Voter Precinct Realignment
Dear Ms. Thomasson and Gentlemen:
On December 18, 2017, Council of the City of Roanoke adopted an ordinance to
implement a realignment of the current voter precincts of 21 local voter precincts and
one central absentee voter precinct at the office of the General Registrar to 20 local
voter precincts and one central absentee voter precinct at the office of the General
Registrar. Adjustments were made to the boundaries of certain precincts adjacent to
Precinct No. 18 in order to subsume former Precinct No. 18. In order to realign Voter
Precinct No. 18, Virginia Heights - Norwich, changes were made to Voter Precinct No.
10, Old Southwest - Wasena, Voter Precinct No. 11, Raleigh Court, Voter Precinct No.
17, Lee -Hi, Voter Precinct No. 19, Summit Hills, Voter Precinct No. 20, Forest Park, and
Voter Precinct No. 21, Eureka Park.
Andrew Cochran
John A. Brill
James B. Alcorn
Mark Vucci
Kelly Thomasson
December 19, 2017
Page 2
Pursuant to Virginia Code Section 24.2- 306(C), I am enclosing a certified copy of
Ordinance No. 41027- 121817, including a description of the realigned boundaries and a
map showing the boundaries of the realigned precincts. A copy of Ordinance No.
41027- 121817 realigning certain voter precincts in the City, including a description of
the boundaries, and a map showing the boundaries of the realigned precincts has been
recorded in the official minutes of the City of Roanoke.
Please let me know if you have any questions or need any further information. Thank
you for your consideration.
Sincerely,
u} M ' f
Stephanie Moon Reynolds,
City Clerk
Enclosure
Daniel J. Callaghan, City Attorney
Rob Catron, Legislative Liaison for the City of Roanoke
Sharon A. Lazar, Chair, Electoral Board
Byron L. Hamlar, Vice- Chair, Electoral Board
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
']U F7.: (5 (S4lp- 1145541
pxx: (5401 AS1 -1145
S FPJ IAN] L 6I. MOON RIANOLDS, MNIC 6 ?mail: derk(uaaanokeva ' eO° ('II(ELIAENIC(OV
('ilp (ICrk Deputy ('ll, Clci k
January 2, 2018 (kCULIA r.Wrnn,11W
A,,kW,l Wpal, Cif, (Ierk
REVISED
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 41027 - 121817 amending and reordaining
Section 10 -35, Voter Precinct No. 10, Old Southwest - Wasena Precinct — Boundaries;
Section 10 -37, Voter Precinct No. 11, Raleigh Court Precinct — Boundaries; and
Section 10 -49, Voter Precinct No. 17, Lee -Hi Precinct — Boundaries7 of Article ll,
Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of
the City of Roanoke (1979) as amended; repealing Section 10 -51, Voter Precinct
No. 18, Virginia Heights Norwich Precinct — Boundaries; and Section 10 -52,
Same - Polling Place: of Article Il, Election Districts: Voting Precincts and Places,
Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended;
amending and reordaining Section 10 -53, Voter Precinct No. 19 Summit Hills
Precinct - - Boundaries; Section 10 -54, Same — Polling Place; Section 10 -55, Voter
Precinct No. 20, Forest Park Precinct — Boundaries; Section 10 -56, Same — Polling
Place; Section 10 -57, Voter Precinct No. 21, Eureka Park Precinct — Boundaries;
Section 10 -58, Same — Polling Place; and Section 10 -59, Voter Precinct Mao; of
Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the
Code of the City of Roanoke (1979) as amended.
The abovementioned measure was adopted by the Council of the City of Roanoke
at its regular meeting held on Monday, December 16 2017 not October 16, 2017;
and is in full force and effect on and after December 31, 2017.
Sincerely, n nn�
C %`ldtsYO-�J
Stephanie M. Moon Re old "'sUUU, MMC
City Clerk
Enclosure
Municipal Code Corporation
December 19, 2017
Page 2
PC: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Rick Kahl, Clerk, General District Court
Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Donald S. Caldwell, Commonwealth's Attorney
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
IN'[ 'I Ili COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 2017.
No. 41027- 121817.
AN ORDINANCE amending and reordaining Section 10.35, Voter Precinct No. 10 Old
Southwest- Wasena Precinct — Boundarie9; Section 10 -37, Voter Precinct No. I I Rujoigh Cowt
Precinct— Boundaries; and Section 10 -49, Voter Precinct No. 17 Ec= -Hi PrecinerBoundaries.
of Article 11, Election Districts Voting Precincts and Places, Chapter 10, Elections, of the Code
Of the City of Roanoke (1979) as amended; repealing Section 10 -51, Voter Precinct No 18
Virginia Heights Norwich Precinct Boundaries; and Section 10 -52, Same -- polling Place; of
Article 11, Election Districts; Voting Precincts and Places, Chapter 10, Elections, of the Code of
the City of Roanoke (1979) as amended; amending and reordaining Section 10 -53, Voter
Precinct No 19 Smnmit Hills Precinct — Boundaries; Section 10 -54, Same — Pollin place;
Section 10 -55, Voter Precinct No 20 Forest Park Precinct— Boundaries; Section 10 -56, Same —
Polling Place; Section 10 -57, Voter Precinct No. 21 Eureka Park Precinct — Boundaries; Section
10 -58, Same — polling Place; and Section 10 -59, Voter precinct Mme; of Article 11, Election
Districts: Voting Precincts and Places, Chapter 10, Elections, 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.
WHEREAS, on November 16, 2015, by Ordinance No. 40401- 111615 the City of
Roanoke established one election district, 21 voter Precincts and 21 polling places within the
election district, and one central absentee voter precinct at the Noel C. Taylor Municipal
Building;
Kdl Ua,Code Amenda ... ,oioe, Realiyanent 2017 Revisions- Final p2. IS I7) &,e
WfIFRkAS, on August 15, 2()16, by Ordinance Nu. 40612 -0sl SIG the City of Roanoke
relocated the central absentee voter Precinct office to file Office of the General Registrar, 317
Kimball Avenue, N.E., Roanoke, Virginia; and
WHEREAS, Council authorized tite scheduling of a Public hearing on Monday,
December 18, 2017, to consider adoption of au ordinance to revise six existing voter precincts
and to remove one voter Precinct within the election district.
'THEREFORE, BE 17' ORDAINED by the Council of the City of Roanoke as follows:
I. Section 10 -35, Voter Precinct No 10 Old Southwest - Wasena Precinct —
Boundaries' Section 10 -37, Voter Precinct No I I Raleigh Court Precinct — Boundaries; and
Section 10 -49, Voter Precinct No 17 Lee -Hi Precinct — Boundaries; of Article If, Election
Districts, Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke
(1979), as amended, are her amended and rent darned to read and provide as follows:
Article 11 - Election District Voter Precincts and Pulling Places
*ax
Sec. 10 -35. Voter Precinct No. 10 Old Southwest- Wasena Precinct -
Boundaries.
The boundaries of Voter Precinct No. 10, Old Southwest- Wasena Precinct, are as
follows:
Beginning at the intersection of Elm Avenue, S.W., and Fratilclin Road, S.W,;
thence, South along the centerline of Franklin Road, S.W., to the Roy L. Webber
Expressway; thence, South along the Roy L. Webber Expressway to Brandon
Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to
Colonial Avenue, S.W.; thence, West along the centerline of Colonial Avenue,
S.W., to 2P Street, S. W,; thence, North along the centerline of 23r° Street, S.W.,
to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue,
S.W., to Canterbury Road, S.W.; thence, North along the centerline of Canterbury
Road, S.W., to Windsor Avenue, S.W.; thence, West along the centerline of
Windsor Avenue, S.W., to Winbome Street, S.W.; thence, North along the
centerline of Winbome Street, S.W., to Bluemont Avenue, S.W.; thence, East
along the centerline of Bluemont Avenue, S.W., to Denniston Avenue, S.W.;
thence, north along the centerline of Denniston Avenue, S.W., to Memorial
Avenue, S.W.; thence, EastWest along the centerline of Memorial Avenue, S.W.,
to Denniston Avenue, S.W.; thence West along the centerline of Demuston
K'laua CodeAmenamcm PI I,mll Iteohpg o,n12017 Revisions- E.1(1218. 17) docn
Avenue, S.W. to Anthers( Sfrccl, S.W.; thence North along the centerline of
Amherst Strecf, S -W, to Cambridge Avenue, S.W.; thence West along the
centerline of Cambridge Avcnuc, S. W„ to Mountain View'ferrace S. W,; if
West along the centerline of Mountain View Terrace, S.W., to Bridge Street,
S.W -; (hence North along the centerline of Bridge Street, S.W -, to the Roanokc
River, thence, East along the Roanoke River to Main Street, S.W.; thence, North
nlong the centerline of Main Strect, S.W„ to Elm Avenue, S.W.; thence, East
I the centerline of Elm Avenue, S.W., to the point of beginning.
x +*
Scc. 10 -37. Voter Precinct No 11 Ralei h Court Precinct - Boundaries.
The boundaries of Voter Precinct No. I I, Raleigh Court Precinct, are as follows:
Beginning at the intersection of Brandon Avenue, S. W., and Colonial Avenue,
S.W.; thence, East along the centerline ofBrandon Avenue, S.W., to Franklin
Road, S.W -; thence, South along the centerline of Franklin Road, S.W, m the
North -South line of the Norfolk Southern Railway Company; thence, South along
the North -South line of the Norfolk Southem Railway Company to a point where
it intersects with the Northeastern boundary of the
Community College as extended; thence, North alo campus of Virginia Western
Northeargiginni boundary
of th ng the
e campus of Virginia Western Community College to Colonial Avenue,
S.W.; thence, West along the centerline of Colonial Avenue, S.
Road, S.W.; thence, North along thcenterline ., to Overland
e centere of Overla, rambleton
Bramblemil Avenue, S.W.; thence, West al Overland ong the centerline of Road B S.W., to
Avenue, S.W., to Montgomery Avenue, S.W.; thence, North along th
of Montgomery Avenue, S.W., to Wood e centerline
lawn Avenue, S. thence, North along
the centerline of Woodlawn Avenue, S. W., to Oregon Avenue, S.W.
along the centerline of Oregon Avenue, S. t venue, S.W.; thence,
; thence, East
Wo Guilford A
North along the centerline of Guilford Avenue, S.W., to Grandin Road, S.W.;
thence, East along the centerline of Grandin to Brandon Avenue,
Road, Road S
S.W.; thence, West along the centerline of , .W ., Brandon Avenue, S.W., to Carter
S. W.; thence, North along the centerline of Carter Road, S.W., to Sherwood
Avenue, S.W.; thence, East along the centerline of Sherwood Avenue, S.W-, to
Gh*l iin- tU�=�- e� ;,�R
- eStestuld Street, o„e,gNixo- Rrteh ar#- along t,t_h{e
along the centerline of Den o enniston Aveuuee Sthence Ease t nison
Avenue, S.W., [o Memorial Avenue, S.W.;
thence, East along the centerline of Memorial Avenue, S.W, to Denniston
Avenue, S.W.; thence, South along the centerline of Denniston Avenue, S.W., to
Bluemont Avenue, S.W.; thence, West along the centerline of Bluemont Avenue,
S.W., to Winbome Street, S.W.; thence, South along the centerline of Winborne
Street, S.W., to Windsor Avenue, S.W.; thence, East along the centerline of
Windsor Avenue, S.W., to Canterbury Road, S.W.; thence, South along the
centerline of Canterbury Road, S.W., to Brandon Avenue, S.W. thence, East
along the centerline of Brandon Avenue, S. W , to 23`d Street, S.W -; thence, South
along the centerline of 23'e Street, S.W., to Colonial Avenue, S.W.; thence, East
along the centerline of Colonial Avenue, S. W, to the point of begW.; thence,
K: I aum Cude Amendment Precinct Realigmnem 2017 Revfsfons - Final ( I2, 18 17).docx
x�F
See. 10 -49. Votci Precinct y 1 ce Hi Prcc'nct= Boundaries.
The boundaries of Voter Precinct No. 17, Lee -Hi Precinct, are as follows.
Beginning at the intersection ofl�airpe- {s�em�,V.nd- AridgeSht -3,W -,
thene-Soutls -- along- NiotetNw -line- of= t3e19e- $treeirS:V�e�4ountnirrV -iew
4rcH* --W - Mountain View Terrace S.W., and 13 Strecl, S. W,; thence
East along the centerline of Mountain View Terrace, S. W., to G`l�st�dd�-
Cambridge Avenue, S.W.; thence, Souh - }fir _ verner}ine-OF,"
StreeE -S: W— fo-Merneria! -Anent thsns�- Wcsst- a]anbe�enterline -e€
center- t3f- -Bt+dc .-S W.� �-- Daciclr - �L+eei, &W - thence, $euth- along -the
Avenue, S.W., to Amherst StrWS.Wf;the nlcgbStouth calongirtherrecuterl na lot
Amherst Stroc(, S.W., to Denniston Avenue, S.W.; thence, West along the
centerline of Denniston Avenue, S.W., to Chesterfield Street, S. W.; thence, South
along the centerline of Chesterfield Street, S.W., to Sherwood Avenue, S.W.;
thence, West along the centelinc of Sherwood Avenue, S.W., to Carter Road,
SW.; thence, South along Tire centerline of Carter Road, S.W., to Brandon
Avenue, S.W.; thence, West along the centerline of Blandon Avenue S.W., to
York Road, S. W,; thence, South along the centerline of York Road, S.W., to
Fairway Drive, S.W.; thence, West along the centerline of Fairway Drive, S.W.,
to Carlton Road, S. W.; thence, South along the centerline of Carlton Road, S.W.,
to Westhampton Avenue, S.W.; thence, West along the centerline of
Westhampton Avenue, S.W., to Beverly Boulevard, S.W.; thence, South along the
centerline of Beverly Boulevard, S.W., to Grandin Road, S.W.; thence, West
along the centerline of Grandin Road, S.W., to Mud Lick Creek; thence , North
along Mud Lick Creek to Brandon Avenue, S.W.; thence, West along the
centerline of Brandon Avenue, S.W., to the City Limit Boundary ; thence,
clockwise along the City Limit Boundary to the Roanoke River; thence, East
along the Roanoke River to••�-
ektel —.8,
S.W S.W.; thence, South e- AvenaeBridge Street,
along the centerline of Bridge Street, S.W., to the point of
beginning.
1. Section 10 -51, Voter Precinct No 18 v Hei its Norwich Precinct -
Boundaries; and Section 10 -52, Same - Polluter Place; of Article II, Election Districts Voti ng
Procinet�aces Chapter 10, Elections, of the Code of the City of Roanoke (1979), as
amended, are hereby REPEALED.
KrlLaum Code /unenAmeu� Precinct R- 11Pmem 2017 Revisions - final (12.18.171, dog,
s. 'eccfion 10 -53, Voler_Pivcinct No. IOSummit Hills Precinct
- Boundal�cs
Section 10 -54, Same Polhn place; Section 10 -55, Voter Precinct No 20 Purest Pwk Precutet
Bounrl,ari cs; Scclion 10 -56, Sums - Pullin PI4�c; Section 10 -57, Voter Precinct
Eureka Park Precinct _Boundaries; Section 1038, Same- PoIho Placc; and Section 10 -59,
Voter ns, oft Maw;
of Article 11, tilecfion Districts- voting Precincls� aces Chapter 10,
Elections, of the Codc of the City of Roanoke (1979), as amended, arc hereby amended and
reordained to read and provide as follows:
Article If - Election District Voter Precincts acrd Pollin > Places
Asa
Sec. 103351. Vote' No -}918 Summit Hills Precinct— Boundaries.
The boundaries of Voter
follows: Precinct No. 4 -918, Summit Hills Precinct, are a:
Beginning at a point on the City Limit Boundary that intersects Peters Creek;
thence, South along Peters Creek to Peters Creek Road, N.W.; thence, South
along the centerline of Peters Creek Road, N.W., to Shenandoah Avenue, N.W.;
thence, 34rest -East along the centerline of Shenandoah Avenue, N.W., to Peters
Creek; thence, South along Peters Creek to the Roanoke River; thence, West
along the Roanoke River to the City Limit Boundary; thence, clue
City Limit Boundary to the point of beginning. kwise along the
Sec. 10 -3452. Same — Pollin Place.
The polling place in Voter Precinct No. 41)18, Summft Hills Precinct, is hereby
established at Edgewood Christian Church, located at 1006 Peck Street, N_ W.
Sec. 103353. Voter Precinct 2019 Forest Park Precinct recinct — BOund�es
The boundaries of Voter Precinct No. 2819, Forest Park Precinct, are as follows:
Beginning at the intersection of Staunton Avenue, N.W., and 15'" Street, N.W.;
thence, South along the centerline of 15`h Street, N.W, extended to its intersection
with the East -West lice of the Norfolk Southern Railway Company; thence, West
along the East -West line of the Norfolk Southern Railway Company to S1t "O„:•,
G, L4L,... anrmatta- .lt :.... ,...
K >lamm'Cle Ainenlmcvt Pma,¢t Reeligmneul 2017 Revisions - final (12.18.17) lacy
'Irnutland Avenue, N- W:; -ro Old - Stevens�Foaelr- NAy,{{tenr Nert4r -a {o the
celnerlineof"(1Stevens- IFead; NNA4!�rrth Sa }ern -Car ike;- AJ:W;4hwtce; West
. deng -N�eenlw'fiee -ef the Salenr Tn� o., L._a of ,>..._._
---.- -. -�.. .a nar- rr.- rr.- ,yo- iv"arose
venue.- NArJ.= thence asI along the {.cuterlineoW
- a . Wlrus, Avea,,, J�l.afitjette- Bocdevaf;; W—te
e, oalongAje entln13oulevariNJL e�if- Faa{yyeto
eaware
Avenue, -A' - tyense; Letts[- a4oxgthecfnter inee.t
Delaware- Avvflm�J:W �- 2.t�'- f W. outfrttlo+tg�ho- center -tine
0l 4 "'- Skeet; -NAN o{- 'arif�{l��+ettue, ,45iS;- theme, asL- aloitg2l3e�en4erlineiif
Carrell Avenue, -avRJ. Ln- ?8 °i�treet� - NAV.a Point where it intersects Bridge
Street, S-W„ as extended; thence, South along the centerline of Bridge Street,
S.W., to the Roanoke River; thence, West along the Roanoke River to Peters
i Ieck; "wore, West along Peters Creek 10 Shenandoah Avenue, N.W.; thence,
West along the centerline of Shenandoah Avenue, N.W., to Peters Creek Road,
N.W.; thence, North along the centerline of Peters Creek Road, N.W., to Melrose
Avenue, N.W ; thence
22 "d , East along the centerline of Melrose Avenue N.W., to
Street, N.W.; thence; South along the centcrline 01'22"" Street, N.W., to the
Salem Tunl0ko, N.W.; thence East along the centcrline of the Salem Turnpike,
N.W., to 20" Strcct, N.
thence, South North along the centerline of 20" Street,
N.W., to Staunton Avenue, N.W.; thence, East along the centerline of Staunton
Avenue, N.W., to the point of beginning.
Sec. 10 -5054, Same- Pollin Place.
The polling place in Voter Precinct No. 5019, Forest Park Precinct, is hereby
established at Forest Park Academy, located at 2730 Melrose Avenue, N.W.
Sec. 10 -3755. Voter Precinct No 2420 Eureka Park Precinct - Boundaries.
The boundaries of Voter Precinct No. 2 1-20 Eureka Park Precinct, are as follows:
Beginning at tine intersection of 14th Street, N.W., and Syracuse Avenue, N.W.;
thence, South along the centerline of 14th Street, N.W, to Rugby Boulevard,
N.W.; thence, South along the centerline of Rugby Boulevard, N.W., to 13th
Street, N.W.; thence, South along the centerline of 13th Street, N.W., to Hanover
Avenue, N.W.; thence, West along the centerline of Hanover Avenue, N.W, to
15th Street, N.W.; thence, North along the centerline of 15th Street, N.W., to
Staunton Avenue, N.W.; thence, West along the centerline of Staunton Avenue,
N.W., to 20th Street, N.W.; thence, NeFth -South along the centerline of 20th
Street, N.W., to
Lk,- to-- Belaware- t\ve'tue, "- , -!.,�, •w,_ a�.._,. .
ef-Bcltwire ,,,,a,�- Ad:VF. -te-
th_centerliite -ef ,r„ n,,..� tie- Bouleratd- Al,W.; thence- Seutlt -along
_` ,-N.'-,:-'., -the Salem Turnpike, N.W.; thence,
West along tine centerline of file Salem Turnpike, N.W., to 22nd Street, N.W.;
thence, North along the centerline of 22nd Street, N.W., to Melrose Avenue,
N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Westside
Boulevard, N.W.; thence, North along the centerline of Westside Boulevard,
N.W, to Hershberger Road, N.W.; thence, East along the centerline of
K %Uum'Code Mle"d"snPPreel"OI R,alfgnmen139 ] Revisions - Fin "1 pa 18.17).d sc
I fershborger Road, N.W., to Cuve Rood, N.W.; thence, South ;dung the centerline
Of Cove Road, N.W., to Andrews Road, N.W.; (hence, Bast along the centerline of
Andrews Road, N.W., to (6th Street, N.W.; thence, South along the cemerline of
16th Street, N.W., to Syracuse AVCaUc, N.W.; thence, Eas( along the ccntorlinc of
Syracuse Avenue, N.W., to the Point of beginning.
See. 10 -5856. S_mc_. PollingPlacc.
The polling place in Voter Precinct No. 2120, li
19th Street, N.W. urcka Park Precinct, is hereby
established at Roanoke Academy fill Mathematics and Science, located at 1616
Sec. 10 -5957. Voter Precinct Map.
The city has filed Engineering Plan #6754 with the registrar, the city clerk, and
the city engineer, which engineering plan details the Voter Precincts created and
described in this Chapter. Reference should be made to the Voter Precinct Map
set forth in Engineering Plan #6754 to further clarity ally bowrdary of any Voter
Precinct created in this chapter.
##
4. A copy of this Ordinance and the Voter Precinct Map shall be recorded in the
official minutes of City Council. The City Clerk and the City Manager are authorized to take all
actions necessary to comply with all applicable requirements of state code, including, without
limitations, Section 24.2- 306(C), Code of Virginia (1950) as amended.
5. This Ordinance shall be in full force and effect oil and after December 31, 2017.
6. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
n
City Clerk.
KaL,o, Code Aoedmem P1e11WR- 119nwt 2017 aevlllon'- Prnal (1218. I'/yd.cx
yo4 CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
r'+aoiNtw ROANOKE, VIRGINIA 24011 -1595
Daniel J. Callaghan THLEPHONE 540.853 -2431
City Attorney FAX 540- 853.1221
EMAIL: cityatryC>roanokeva.gov
December 18, 2017
The Honorable 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: Public Hearing for Proposed Ordinance to Realign Certain Voter Precincts
Dear Mayor Lea and Members of Council:
This report is for the public hearing to consider a realignment of certain Voter Precincts within the
City.
Back rg ound
In 2015, after receipt of a report from a task force created to review voter precincts within the City,
City staff worked with Council Member Bestpiteh to develop a precinct realignment plan with the
primary objective of creating voter precincts with active voters more evenly distributed within the
precincts. The task force had recommended reducing the number of voter precincts from one (1)
central absentee voter precinct and 32 local voter precincts to one (1) central absentee voter precinct
and 20 local voter precincts. After further review, the City Attorney, the Registrar, members of the
Electoral Board, and City staff within the Department of Technology developed an ordinance to
establish one (1) central absentee voter precinct and 21 local voter precincts. In November 2015, City
Council adopted Ordinance No. 40401 - 111615 to establish 21 local voter precincts, designate a
polling place within each precinct, and maintain one (1) central absentee voter precinct at the office
of the General Registrar.
Subsequent to the establishment of the 21 voter precincts and after the March 2016 elections, Vice
Mayor Price, Council Member Bestpiteh, and the Registrar noted some concerns with Voter Precinct
No. 18, Virginia Heights- Norwich. Due to the geography of the area, Precinct No. 18 is split by the
Roanoke River and the Norfolk Southern Railway lines, and these conditions may create difficulties
for voters who must travel from the north side of Precinct No. 18 to the polling place in the
southernmost part of Precinct No. 18. In addition, the GRTC bus routes do not provide voters within
Precinct No. 18 with the ability to easily travel to the polling place.
In order to alleviate these issues, the City Attorney, the Registrar, and City staff within the
Department of Technology developed a proposed realignment of the current voter precincts that will
reduce the number of local voter precincts to 20 by adjusting the boundaries of certain precincts
adjacent to Precinct No. 18 to subsume former Precinct No. 18. In order to realign Voter Precinct No.
18, Virginia Heights- Norwich, changes are proposed to Voter Precinct No. 10, Old Southwest -
Wasena, Voter Precinct No. 11, Raleigh Court, Voter Precinct No. 17, Lee -Hi, Voter Precinct No. 19,
Summit Hills, Voter Precinct No. 20, Forest Park, and Voter Precinct No. 21, Eureka Park.
City Council authorized City administration to prepare the proposed realignment for a public hearing
as required by State Code. The public hearing was set for December 18, 2017, at 7:00 p.m., or as soon
thereafter as the matter can be reached. Notice of this public hearing was advertised for two
consecutive weeks in The Roanoke Times. Copies of the proposed ordinance and the proposed
precinct map were made available to the public at the City Clerk's office.
Recommended Action
Conduct the public hearing set for December 18, 2017, at 7:00 pan., to receive comments and input
from the public on proposed revisions to voter precincts. At the conclusion of the public hearing,
close the public hearing and consider adoption of the attached proposed ordinance to implement the
proposed realignment of the current voter precincts of 21 local voter precincts and one central
absentee voter precinct at the office of the General Registrar to 20 local voter precincts and one
central absentee voter precinct at the office of the General Registrar.
Thank you for your consideration
Sincerely, (/
i
Daniel J. 6 11aghan
City Attorney
c: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Andrew Cochran, General Registrar
Kennie Harris, GIS Analyst II
Laura M. Carini, Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE OFFICE OF VOTER
REGISTRATION
STEPHANIE M. MOON REYNOLDS. ROANOKE
CITY CLERK
215 CHURCH AVENUE, S W
ROOM 456
ROANOKE, VA 24011
Account Number
6045834
Date
December 11, 2017
Date Category Description Ad Size Total Cost
12/11/2017 Any- Virginia BOA NOTICE OF PUBLIC HEARING- VOTER PRECINCTS 3 x 7.00 IN 1,94,L86
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
12/04. 12/11/2017
The First insertion being given ... 121042017
Newspaper reference: 0000658673
Billing Representative
Sworn to and subscribed before me this Monday, December 11, 2017
v r,ui,r -,rr
N tary Publ �P; •'NOT-,' �p
State of Virginia ; ti : PUSLIC
City /County of Roanoke 7 * FtcG.
My p �cti3/, 2017 :. nnDxi,-Li as
M Commission ex ireS� - �,'. k"Mil I ? =
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
CITY OF ROANOKE, VIRGINA
NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO
REALIGN CERTAIN VOTER PRECINCT BOUNDARIES AND TO REDUCE THE
NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing on Monday,
December 18, 2017, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting
an ordinance realigning the boundaries of voter precincts and reducing the
number of voter precincts within the City, as authorized by the provisions of
§24.2 -306, Code of Virginia (1950), as amended. The proposed ordinance
will reduce the number of voter precincts within the City of Roanoke, Virginia
from (a) 21 voter precincts and one central absentee voter precinct located
at the office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke,
Virginia to (b) 20 voter precincts and one central absentee voter precinct
located at the office of the General Registrar, 317 Kimball Avenue, N.E.,
Roanoke, Virginia, effective December 31, 2017.
The proposed ordinance will amend and reordain Article II, Election Districts:
Voting Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke
(1979), as amended, to revise the boundaries of six existing voter precincts.
The proposed ordinance will also repeal two sections of Article II, Election
Districts: Voting Precincts and Places, Chapter 10, Elections. Code•of the
City of Roanoke (1979), as amended, to remove Voter Precinct 18, Virginia
Heights Norwich Precinct, from the election district. Copies of (i) the proposed
ordinance; and (ii) the map showing the boundaries of the realigned precincts
are available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on
and after Monday, December 4, 2017.
All parties and interested persons may appear on the above date and be heard
on this matter. If you are a person with a disability who needs accommodations
for this hearing, please contact the City Clerk's Office at (540) 853 -2541,
before noon on Thursday, December 14, 2017.
GIVEN under my hand this 4th day of December, 2017.
Stephanie M. Moon Reynolds, MMC
City Clerk.
r,
CITY OF ROANOKE, VIRGINA
NOTICE OF PUBLIC HEARING FOR THE
ADOPTION OF AN ORDINANCE TO REALIGN CERTAIN VOTER PRECINCT
BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE
CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing on Monday, December 18,
2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber,
Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, to consider adopting an ordinance realigning the boundaries of voter precincts and
reducing the number of voter precincts within the City, as authorized by the provisions of §24.2-
306, Code of Virginia (1950), as amended. The proposed ordinance will reduce the number of
voter precincts within the City of Roanoke, Virginia from (a) 21 voter precincts and 1 central
absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N.E.,
Roanoke, Virginia to (b) 20 voter precincts and 1 central absentee voter precinct located at the
office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia, effective
December 31, 2017.
The proposed ordinance will amend and reordain Article 11, Election Districts; Voting
Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke (1979), as amended, to
revise the boundaries of six existing voter precincts. The proposed ordinance will also repeal
two sections of Article II, Election Districts Voting Precincts and Places, Chapter 10, Elections
Code of the City of Roanoke (1979), as amended, to remove Voter Precinct 18, Virginia Heights
Norwich Precinct, from the election district. Copies of (i) the proposed ordinance; and (ii) the
map showing the boundaries of the realigned precincts are available for review in the Office of
the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, on and after Monday, December 4, 2017.
All parties and interested persons may appear on the above date and be heard on this
matter. If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before noon on Thursday, December 14, 2017.
GIVEN under my hand this 4th day of December, 2017.
Stephanie M. Moon Reynolds, MMC
City Clerk.
Note to Publisher
Please publish in block form twice in The Roanoke Times, Virginia Section, on Monday,
December 4, 2017, and on Monday, December 11, 2017.
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, City Clerk
City Clerk's Office
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, VA 24011
(540) 853 -2541
Please send bill to
J. Andrew Cochran, Registrar
City of Roanoke
317 Kimball Avenue, N.E.
Roanoke, VA 24016
(540) 853 -2281