HomeMy WebLinkAboutCouncil Actions 03-19-18BESTPITCH
41079 - 031918
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 19, 2018
2:00 P.M.
CITY COUNCIL CHAMBER
1. Call to Order- -Roll Call. Council Member Garland was absent.
The Invocation was delivered by Mayor Sherman P. Lea, Sr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Lea.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, March 22 at 7:00 p.m., and Saturday, March 24 at 4:00 p.m.; and
video streamed through Facebook Live at facebook.com / /RoanokeVa. 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:
Architectural Review Board — one vacancy
Unexpired term of office ending October 1, 2020
Fair Housing Board — three vacancies
Unexpired term of office ending March 31, 2019
Unexpired term of office ending March 31, 2021
Term of office end March 31, 2021
Parks and Recreation Advisory Board — one vacancy
Term of office ending March 31, 2021
Roanoke Neighborhood Advocates — one vacancy
Unexpired term of office ending June 30, 2019
Towing Advisory Board — one vacancy
Term of office ending October 31, 2020
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
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.
Brian McConnell appeared before the Council to address social justice and
economic inequities.
Robert Gravely appeared before the Council and spoke about needing
social justice in the City of Roanoke.
4. CONSENT AGENDA:
(APPROVED 6 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
C -1 Minutes of the regular meeting of City Council held on Monday, March 5,
2018.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
2
C -2 A communication from Mayor Sherman P. Lea, Sr., requesting that
Council convene in a Closed Meeting to review applications received in
connection with the three upcoming vacancies on the Roanoke City School
Board, for three -year terms, each, commencing July 1, 2018 and ending June 30,
2020, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 Minutes of the Audit Committee held on Wednesday, December 13, 2017.
RECOMMENDED ACTION: Received and filed.
C -4 Reports of qualification of the following individuals:
Robert S. Cowell, Jr., as a Roanoke City Appointee of the Western
Virginia Water Authority, Board of Directors to fill the unexpired
term of office of Wayne Bowers ending June 30, 2021;
R. Brian Townsend as the Roanoke City Alternate representative of
the Western Virginia Industrial Facility Authority for a four -year term
of office ending February 3, 2022;
William Sellari as a member of the Mill Mountain Advisory Board
and Roanoke Arts Commission for three -year terms of office, each,
ending June 30, 2020;
Cindy L. McFall as the City representative to the Local Office on
Aging Advisory Board for a one -year term of office ending
February 28, 2019; and
Joshua Dietz as a member of the Parks and Recreation Advisory
Board for a three -year term of office ending March 31, 2021.
MMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
• Discussion of Options Regarding Response to - 20 minutes
Blighted Properties
Remarks received and filed; and concurred in recommendation.
• Discussion of Land Bank Programs and - 20 minutes
Application to City of Roanoke
Remarks received and filed; and concurred in recommendation.
ITEMS RECOMMENDED FOR ACTION:
1. Adjustment to jail inmate phone commissions revenue and approval
of Amendment No. 2, to the City's contract with Securus
Technologies, Inc., retroactive to March 1, 2018.
Adopted Resolution No. 41079. 031918 and Budget Ordinance
No. 41080. 031918. (6.0)
2. Amendment of FY18 Pay Ordinance adopted May 15, 2017, to
provide salary supplement for Sheriff deputies staffing new Medical
Housing Unit in the Jail, effective April 10, 2018.
Adopted Ordinance No. 41081- 031918. (6 -0)
3. Amendment of a resolution authorizing the issuance of up to $33.5
million in FY 2018 General Obligation Public Improvement Bonds to
include an authorization to issue bond anticipation notes.
Adopted Resolution No. 41082 - 031918. (6 -0)
COMMENTS OF THE CITY MANAGER.
The City Manager gave the following comments:
Update on Re- Imagine Oak Grove
• The City and Roanoke County are partnering to create a plan for
the Oak Grove area, which extends along 419 from its intersection
with Grandin Road up to the Keagy Village development.
• The first Community Meeting was held last Thursday at the Oak
Grove Elementary School with more than 70 people in attendance.
• Community members discussed transportation improvements
and better pedestrian connections, updates to a small park in the
area, potential improvements to existing commercial facades, and
other ideas to help build a dynamic center in the Oak Grove area.
• The next opportunity for the community to provide input will be
Saturday, March 24, at Oak Grove Elementary School, 9:00 a.m. to
12:00 p.m. We also encourage citizens to provide input through
the online survey, available at
www.RoanokeCountvVA.gov/OakGrove.
• The next round of Community Meetings is scheduled in May.
Participate in Clean Valley Day
• The 40th annual Clean Valley Day is scheduled for Saturday,
April 7, from 9:00 a.m. to noon.
• This is a valley -wide clean up event to promote respect and care
for the beautiful community we share.
• Residents may volunteer for any area they wish to clean up — a
park, playground, roadside, stream bank, or their very own
neighborhood. Clean Valley Council provides volunteers with
trash bags and gloves.
• Register on -line at www.cleanvallev.orglevents
Leadership College Begins
• Thursday, March 22, the city will launch the 2018 Leadership
College at 6:00 p.m. This year we have 28 people signed up to
participate. We also had several people whose schedules would
not allow participation this year, who are already signed up for
next year.
• We are encouraged by the continued strong interest shown by
our citizens and our employees to participate in the Leadership
College as a way to engage with and understand more about their
city government.
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. 41083- 031918. (6.0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution memorializing the late Reverend Dr. Joseph A. Keaton,
Pastor Emeritus, Central Baptist Church.
Adopted Resolution No. 41084-031918. (6 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Vice -Mayor Price, along with two youth students of the Youth
Services Citizen Board, represented the City of Roanoke at the
National League of Cities 2018 Congressional City Conference that
was held in Washington, D.C. on March 11 -14.
Youth participation in a "March for Our Lives" Rally on Saturday,
March 24 at the Vinton War Memorial from 11:00 a.m. — 4:00 p.m. All
youth are encouraged to attend and participate.
The 2018 Haley Toyota Kiwanis Pancake and Auction Day on
Saturday, May 5 from 7:00 a.m. to 1:00 p.m. at the Berglund Center.
Tickets are $5.00 each or 6 for $25.00 (available from Kiwanis Club of
Roanoke members).
Mill Mountain Zoo will host Rodney Stotts, a raptor expert and an
African - American Licensed Falconer, on Sunday, June 3 from
1:00 p.m. to 2:00 p.m. Mr. Stotts serves as a role model for school
students; and all are invited to attend.
Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 3:39 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS TO CONVENE IN A
CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREATER,
TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 19, 2018
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. Council Member Garland was absent and
Council Member Dykstra arrived late.
The Invocation was delivered by The Reverend Jesse L. Bass, Pastor,
New Covenant Assembly of God.
At this point, Council Member Dykstra entered the meeting
(7:04 p.m.).
The Pledge of Allegiance to the Flag of the United States of America was
led by the Girl Scouts of Virginia Skyline Council.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (5 -0, Mayor Lea abstained
from voting since he left the meeting prior to the convening of the Closed
Meeting.)
7
Vice -Mayor Price announced that five applications were received in
the City Clerk's Office prior to the March 9 deadline to fill three upcoming
vacancies on the Roanoke City School Board for three -year terms of office,
each, commencing on July 1, 2018. The five applicants are Mark K. Cathey,
Marcus E. Huffman, Mark G. Swope, Laura D. Rottenborn and Richard
"Dick" Willis, Jr. Public interviews will be conducted during the April 2
Council Meeting, commencing at 4:00 p.m., in the Council Chamber. A
public hearing will be held on Monday, April 16 at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive citizen comments
regarding the appointment of any of the abovementioned candidates; and
at a subsequent Council Meeting, three of the applicants shall be appointed
as School Board Trustees.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, March 22 at 7:00 p.m., and Saturday, March 24 at 4:00 p.m.; and
video streamed through Facebook Live at facebook.com /RoanokeVa. Council
meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Proclamation declaring March 11 -17, 2018 as Girl Scout Week.
Proclamation was presented to Barbara Duerk, a lifetime volunteer; and
members of the Girl Scouts Virginia Skyline Council.
B. PUBLIC HEARINGS:
Request of Industry Drive Partners, LLC, to rezone property located at 943
Industry Avenue, S. E., from 1 -1, Light Industrial District, to UF, Urban Flex
District. Sean Horne, Agent, Spokesperson.
Council Member Dykstra noted a personal conflict of interest
regarding the abovementioned matter; and read a Statement of
Conflict of Interest into the record. Adopted Ordinance No. 41085-
031918. (5 -0, Council Member Dykstra abstained from voting.)
2. Request of the City of Roanoke to rezone properties located at 2320,
2402, and 2410 Mason Mill Road, N. E., from R -5, Residential Single -
Family District, to 1 -1, Light Industrial District. Ian D. Shaw, Agent,
Spokesperson.
Adopted Ordinance No. 41086 - 031918. (6 -0)
C. OTHER BUSINESS:
1.a. Petition for Appeal filed by Neil Aneja appealing a decision of the
Architectural Review Board denying his request to replace five wood
double hung windows with vinyl windows and two double hung windows
with four over one, wood Pella windows that fit the opening as amended at
817 Ferdinand Avenue, S. W. Neil Aneja, Spokesperson.
b. A report of the Architectural Review Board recommending that City
Council affirm its decision to deny the request, which is not consistent with
H -2 Guidelines. John Fulton, Chairman, Spokesperson.
City Council affirmed the decision of the City of Roanoke
Architectural Review Board. (6 -0)
D. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Alison Blanton, President, Roanoke Valley Preservation Foundation,
appeared before the Council to urge the City to consider options to
preserve the historic Fire Station No. 7.
Kevin Davies appeared before the Council with regard to the benefits of
demolishing or renovating structures in the Roanoke historic districts.
E. ADJOURNED - 8:23 P.M.
C.rI Q(1 �C- rGff9,P���
Informing Roanoke's Leaders of Tomorrow!
Addressing Social Justice and Economic Inequities - March 191h, 2018
Good afternoon Mayor Lea and members of the council. In Saturdays aftermath of,
arguably perhaps, Virginia's "most illustrious' St. Patrick's Day gala, I'd like to extend
my own, personal welcome to Mr. Cowell (in being relatively'uninitiated' to
Roanoke, I mean) and "extend my wishes to him for a speedy recovery from our
city's own, inimitable version of 'March Madness "'!
That being said, I'd also like to thank the council's members for again affording me a
few minutes to express my views on local leadership's functional role within the
region relating primarily to social justice and economic inequity. Similarly too, and
reflecting a spirit of transparency in open governance, I'd wish to convey my
appreciation for the opportunity to be participating in Roanoke's Leadership College
over the next two months and look forward to that group's first session this
Thursday evening.
For my own part, but as someone who's resided here in Roanoke almost ten years
now (although more than half that time in two temporary shelters serving the
homeless), and for reasons upon which I'll elaborate, let me direct your attention
toward some of the personnel changes unfolding across the civic landscape over
recent months and voice my concern involving the related roles, duties, and
responsibilities associated with those respective posts.
To be candid, but reflecting on my engagement in community relations dating back
to early 2010, a period in which council members Bestpitch, Lea, Trinkle, and Price
may remember, City Manager Darlene Burcham had already tendered her
resignation (Adams, 2009) with Roanoke "poised at a crossroads' between "holding
on to its industrial history' while at the same time, "venturing into (the) creative
economy' foisted by pop- economist Richard Florida [parenthesis and emphasis
added] (McGuire, 2009, p. 10).
Nevertheless, but within that same context, and through my acquaintance with
(current city - council candidate) Joe Cobb, who was at the time, one of 30 designated
"creative connectors" here in Roanoke (Pedigo, 2009), in February of that same year,
I met with Joe, Rob Ledger, and Lisa Soltis from Roanoke's department of Economic
Development to discuss the creative connector agenda to "build a more authentic
and prosperous region" through its initiation of "sustainable projects" (McConnell,
2010a).
This meeting in turn, over the course of the next seven years, would serve as an
orienting foundation for my community engagement in working with hometown film
producer /director Katie Teague to premier her Money & Life in April of 2013
(McConnell, 2013); interfacing with Otto Scharmer's team at MIT and the Presencing
Institute to host a local "hub" beginning in 2014; and finally, tracking the
developmental course of high speed internet provided as a public utility through
Roanoke Valley's Broadband Authority.
To wrap this up then, but in reference to a paper I've read recently by Chris Hardy
contrasting three differing types of systems; 1) one appearing as a "deterministic-
causal paradigm' reflecting governance which is "authoritative" and "autocratic"
with that of 2) another representing a paradigm of "randomness" and
"indeterminacy" which has "no meaning' and where the "governance style' is
"self- centered, opportunistic" and has "no vision, no long -term incentive" or
"respect for other beings" to a 3) third she terms a "participatory universe" involving
a "conscious hologram" where "each being is in interrelation with the whole, and the
whole with each being ". Within that particular realm however, "(e)ach system
partakes of the information of the whole, and the whole pervades all its component
systems" (Hardy, 2017).
Consequently, allow me to go on record as expressing my own advocacy forth is
participatory model as best serving this citizenry's interests and well- being.
Thank you.
Adams, Mason (2009): Darlene Burcham to retire in March. Roanoke Times, May 31,
2009. Retrieved from
http: / /www. roa noke.com /webmin/ news /darlene - burcham -to- retire -in- march /a
rticle_ 13baOa85- f5ad- 57d2- 8ffc- 5d7abc6f30b3. html
Hardy, Chris H. (2017): Nonlocal consciousness in the universe: panpsychism, psi &
mind over matter in a hyperdimensional physics,Journal of Nonlocality, Vol 5,
No 1 (2017), 1 -21. Retrieved from
http: // journals. sfu .ca /jnon loca lity /index.phP /jnon local ity /article /view /67/66
McConnell, Brian (2010a): 'Bridging' Community Connection. City of Peace, May 13,
2010. Retrieved from
httPs:Hdrive.google.com /open ?id= laV -RJsbd ml NI M nijeS7M8vleR6g2sKt_
McConnell, Brian (20106): Leading in an 'Unthinkable' World. City of Peace, June 18,
2010. Retrieved from http: / /ciaroanoke.blogspot.in /2010/
McConnell, Brian (2013): A New Economic Story of "Money & Life ". An Integral
Urban Community - Roanoke, April 17, 2013. Retrieved from
http: / /integra lcity2roa noke.blogspot.com /2013/04/a- new- econom ic- story -of -m
oney- life.html
McGuire, Peg (2009): Is the creative economy our future? Blue Ridge Business
Journal, March 9, 2009. Retrieved from
http: // www. creativeclass. com /rfcgd b /articles /is %20the %20creative% 20econom
y %20o u r %20fut u re. pd f
Pedigo, Steven (2009): Roanoke Creative Connectors Selected. creative class - the
source on how we live, work and play, March 6", 2009. Retrieved from
http : / /www.creativeclass.com /_v3 /creative _class /2009 /03/06 /roanoke- creative
- connectors - selected/
CITY OF ROANOKE
/ OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., SUITE 452
ROANOKE, VIRGINIA 24011 -1594
��eRGINj TELEPHONE (540) 9" 2444
FAX (540) 853 -1145
SHERMAN P. LEA, SR. EMAIL. MAVORLROANOKEVA.GOV
M.'.r
March 19, 2018
The Honorable Vice -Mayor Anita J. Price and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Vice -Mayor Price and Members of Council:
This is to request that the Council convene in a Closed Meeting to discuss appointments of
three School Trustees to serve on the Roanoke City School Board, for three -year terms,
each, commencing July 1, 2018 and ending June 30, 2020, pursuant to Section 2.2-
3711(A)(1), Code of Virginia (1950), as amended.
Sincerely,
Sherman P. Lea, Sr.
Mayor
SPL:ctw
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: December 13, 2017
Time: 4:01 p.m. to 4:22 p.m.
Attendees:
Audit Committee Member Present (YIN)
William Bestpitch (Chair) Y
Anita Price (Vice- Chair) N
Michelle Dykstra (Member) Y
Sherman Lea (Ex- Officio) N
Tasha Burkett, Information Systems Auditor
Dan Callaghan, City Attorney
Drew Harmon, Municipal Auditor
Bob Cowell, City Manager
Dawn Hope Mullins, Assistant Municipal Auditor
Wayne Parker, Senior Auditor
Emma Cools, Senior Auditor
Amelia Merchant, Director of Finance
Paul Workman, Acting Accounting Supervisor
Andrea Trent, Manager of Retirement Services
Can Spichek, Senior Auditor
Sherman Stovall, Assistant City Manager for Operations
Brian Townsend, Assistant City Manager for Community Development
Rob Churchman, Partner, Cherry Bekaert
1. Call to Order:
Mr. Bestpitch called the meeting to order at 4:01 p.m.
2. Approval of the Minutes from the September 61h Meeting:
Mr. Bestpitch asked if there were any corrections to the minutes. Hearing none, the minutes were
received and filed as written.
3. Presentation of Audit Results for the June 30, 2017 Comprehensive Annual Financial
Reports:
December 13, 2017
Page 2 of 3
Mr. Churchman stated that there were no results to present at this time. Everyone involved is working
diligently to complete the audit.
Mr. Bestpitch asked if there is an expected date for the audit to be completed. Mr. Churchman would
only say that his firm is working to complete the audit by the GFOA (Government Finance Officers
Association) deadline of December 31, 2017.
Mr. Harmon noted that December 31 falls on Sunday this year. Finance will be talking with GFOA
about the deadline in view of the calendar and potentially having until January 2, 2018 to submit the
City's CAFR.
Mr. Bestpitch thanked Mr. Churchman for his briefing and asked if there were any questions from other
members of the committee.
There were no further questions or discussion.
4. Police Cash and Fees — CY 16:
Mr. Harmon presented the audit, noting that it is performed annually and covers the calendar year.
This year's work was performed later than usual in part due to issues that took time to address in the
prior years audit. The audit of calendar year 2017 will be performed in the coming Spring.
This year's audit included looking at the regional Collision Reporting Center (CRC). Mr. Harmon briefly
discussed the CRC as well as the agreement with Appriss (now Lexis Nexis) to sell accident reports on-
line. He noted that there were some issues raised with both the CRC and the online reporting.
Mr. Harmon referred the committee to page 17 of the report, which shows the number of accident
reports uploaded to Lexis Nexis system became erratic and dropped dramatically around the time the
CRC began operation. However, the CRC operation should not have affected the number of reports
uploaded to the Lexis Nexis system. There was also an upgrade to the Police Department's system
during this period but no clear connection could be established between the problem and the upgrade.
The Police Department is required to upload all accident reports to the Lexis Nexis system based on
the original contract.
The original contract is several years old and was written before the existence of the CRC. The Police
Department is working with the City Attorney's Office to review the contract for necessary revisions.
Mr. Bestpitch asked if the issue with uploaded reports has been resolved. Mr. Harmon responded that
a follow up audit has not yet been performed. Mr. Bestpitch asked that the status be checked on as
soon as possible rather than waiting until follow up.
Mr. Bestpitch also noted the observations related to closing the Chief's Emergency Fund. He asked
how the funds had been used in the past. Mr. Harmon responded that it was for unexpected events
such as the need to fly to another city to extradite a prisoner on short notice. It would not be possible to
have a check issued through Finance on weekends. Mr. Bestpitch asked what changed to eliminate
the need for ready access to funds. Mr. Townsend responded that purchasing cards can now be used
for these type of expenses.
December 13, 2017
Page 3 of 3
Mr. Bestpitch asked about the fees on page 14 of the report. Mr. Harmon responded that some of the
larger fees, such as alarms and off duty billings were complex and would require separate audits. Mr.
Harmon also discussed the merits of a revenue compendium that was maintained by Finance at one
time but is no longer published. Auditing has recommended that the revenue compendium be
reconstituted and maintained.
Mr. Bestpitch asked if there was concern about some duties being too concentrated. Mr. Harmon
explained the process of in- person requests for accident verification reports. The employee at the
window controls the whole transaction, providing the report, taking the payment, and fling the paper
work. There are no pre- numbered forms to enable management to verify the number of reports
provided agrees with the payments deposited. The Chief agreed with this observation and plans to
begin using pre- numbered request forms.
Mr. Bestpitch asked if there were any other questions or comments from the committee. Hearing none,
the report was received and filed.
5. Other Business:
Mr. Harmon noted that the Auditor of Public Accounts (APA) reported the results of their annual audit of
local elected officials who collect slate funds. The APA report did not cite any findings this year. Issues
with timely remittance of certain fees last year were resolved.
Mr. Harmon asked members of the committee if they might be available on December 27 or 28 for the
auditors to present the audited financial reports. Mr. Bestpitch and Ms. Dykstra stated that they would
be available on those dates.
Mr. Bestpitch reminded the committee that the next regularly scheduled meeting is March 7, 2018.
6. Adjournment:
Mr. Bestpitch adjourned the meeting at 4:22 p.m.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone (54(1)853 -2541
Fnx: (540)853.1145
SILP11ANIE M. MOON RLYNOLDS, MM( E -nwll: elerk(alrunn.1t,'.-
C'E('ELIAF.MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
A.Witnt Deputy City Clerk
March 20, 2018
Gayle Shrewsbury, Secretary
Western Virginia Water Authority Board
601 S Jefferson Street, #100
Roanoke, Virginia 24011
Dear Ms. Shrewsbury:
This is to advise you that Robert S. Cowell, Jr., has qualified as a Roanoke City
Appointee of the Western Virginia Water Authority, Board of Directors to fill the
unexpired term of office of Wayne Bowers ending June 30, 2021.
Sincerely,
yGCLf cu v A C�6�,v9(
Cecelia McCoy
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert S. Cowell, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Roanoke City Appointee of the Western Virginia Water
Authority Board to fill the unexpired term of office of Wayne Bowers ending June 30,
2021, according to the best of my ability. (So help me C'90. _.
OBER . COWELL, JR.
The foregoing oath of office was taken, sworn to, and subscribed before me by Robert
S. Cowell, Jr., this =day of 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
March 20, 2018
Brent Robertson, Secretary
Western Virginia Regional Industrial Facility Authority
Franklin County
County Administrator
1255 Franklin Street, Suite 112
Rocky Mount, Virginia 24151
Dear Mr. Robertson:
This is to advise you that R. Brian Townsend has qualified as the Roanoke City
Alternate representative of the Western Virginia Regional Industrial Facility Authority for
a four -year term of office, ending February 3, 2022.
Sincerely,
-
Cecelia McCoy
Deputy 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
Fxx: (540)8531145
STEPHANIE M. MOON REYNOLDS, MMC
F-maii: clerkQroanoke......
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
March 20, 2018
Brent Robertson, Secretary
Western Virginia Regional Industrial Facility Authority
Franklin County
County Administrator
1255 Franklin Street, Suite 112
Rocky Mount, Virginia 24151
Dear Mr. Robertson:
This is to advise you that R. Brian Townsend has qualified as the Roanoke City
Alternate representative of the Western Virginia Regional Industrial Facility Authority for
a four -year term of office, ending February 3, 2022.
Sincerely,
-
Cecelia McCoy
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, R. Brian Townsend, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as the Roanoke City Alternate representative of Western Virginia
Regional Industrial Facility Authority for a four year term of office ending February 3,
2022, according to the best of my ability. (So help me God)
R. BRIAN TOWNSEND
The foregoing oath of office was taken, sworn to, and subscribed before me by R. Brian
Townsend, this day of > CL�ZC���2018.
Brenda S. Hamilton, Clerk of the Circuit Court
i
Clerk
March 20. 2018
Nicole Ashby, Secretary
Mill Mountain Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that William Sellari has qualified as a member of the Mill Mountain
Advisory Board for a three -term of office ending June 30, 2020.
Sincerely,
1
I
Cecelia McCoy U
Deputy City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tele,W.e: (540)851 -2541
Fn: (540)8534145
ST EFI IANIL M. MOON REYNOLDS, MMC
F. -nwil: clerkQgronnokeva.Kov
CECELIA F. MCCOY
City Clerk
Deputy Ciry Clerk
CECELIA T. W EBB, CIVIC
Assistont Deputy City Clerk
March 20. 2018
Nicole Ashby, Secretary
Mill Mountain Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that William Sellari has qualified as a member of the Mill Mountain
Advisory Board for a three -term of office ending June 30, 2020.
Sincerely,
1
I
Cecelia McCoy U
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, William Sellari, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Mill Mountain Advisory Board ending June 30,
2020, according to the best of my ability. (So help me&J.jrmn"2�
WILLIAM SELLARr
The foregoing oath of office was taken, sworn to, and subscribed before me by
William Sellari this �ay of � 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
B d'31- f C
o
CITY OF ROANOKE
OFFICE, OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tel
Eta: (5 0)853 -1145
Eta: (540)RSJ -1145
S'I'E HANIF M. MOON REYNOLDS, Isi
E-t it: dcrk(u:ruannkevn....
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Depaq City Clerk
March 20, 2018
Melissa Murray, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. Murray:
This is to advise you that William Sellari has qualified as a member of the Roanoke Arts
Commission for a three -year term of office ending June 30, 2020.
Sincerely,
Cecelia McCoy
Deputy City Clerk
pc: Susan Jennings, Arts and Culture Coordinator
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit
I, William Sellari, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Arts Commission for a three -year
term of office, commencing July 1, 2017 and ending June 30, 2020, according to the
best of my ability. (So help me God.)
WILLIAM ARI
The foregoing oath �oofffpffice was taken, sworn to, and subscribed before me by
William Sellari this 4 day of _��2018.
Brenda S. Hamilton, Clerk of the Circuit Court
/'o
�,CIerk
i CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Vhginln 24011 -1536
'rdephmm: (541)89 -2541
Ni: (5411) M53 -1145
5 I'EPIIAN I F M. MOON REYNOLDS, MM(' M:muil: ulm'k(nYOmiokevn.ROv
('it, ('led,
March 20, 2018
Ron Boyd
Chief Executive Officer
Local Office on Aging
P. O. Box 14205
Roanoke, Virginia 24038
Dear Mr. Boyd:
C I'CELIA P. MC'C'OY
Depab' City Clerk
CECELIAT. W EBB, CMC
AscilWit BeputY City Clerk
This is to advise you that Cindy McFall has qualified as the City representative to the Local
Office on Aging Advisory Board for a one -year term of office ending February 28, 2019.
Sincerely,
Cecelia McCoy
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Cindy L. McFall, do solemnly swear (affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as the City representative to the Local Office on Aging Advisory Board for a one -year term
of office ending February 28, 2019, according to the best of my ability. (So help me God.)
CINDY MCFALL
The foregoing oath of office was taken, sworn to, and subscribed before me by
Cindy L. McFall this day of 018.
Brenda S. Hamilton, Clerk of the Circuit Court
STEN IAN] E M. MOON REYNOLDS, MMC
City Clttk
CITY OF ROANOKE
OFFICE OF THE CI'T'Y CLERK
215 Chm-ch Avenne, S. W., Room 456
Roxnoke,Virginin 24011 -1536
"IZlephone: (5411)851-2541
Fns: (541)853.1145
E -nmil: clerk(nlrnnnnkevn . gnv
March 20, 2018
Nicole Ashby, Secretary
Parks and Recreation Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
CF,('ELIA F. MCCOY
Dupuly City Clerk
CECELIA T. W EBB, CMC
As,W.nt Depup' CiM Clerk
This is to advise you that Joshua Dietz has qualified as a member of the Parks and
Recreation Advisory Board for a three -year term of office ending March 31, 2021.
Sincerely,
d � ]
Cecelia McCoy
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Joshua Dietz, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me as a member of the Parks and Recreation Advisory Board for a three -year
term of office ending March 31, 2021, according to the best of my ability. (So help me
God.)
JOSHUA DIETZ
The foregoing oath of office was taken, sworn to, and subscribed before me by
Joshua Dietz this i%�day of 4WU-k 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
BI�P/Y /�u.� � A /' Clerk
apm arie- �ir�No
r CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: City Code Related to Blighted and Derelict Properties
Background:
The City regulates and enforces issues associated with properties failing to
meet specified standards in a variety of ways (see attached summary of current
State Code options to address blighted properties). To date, the City of
Roanoke relies predominantly upon provisions related to Tax Sale Statutes
(Section 58.1 -3965 et seq.), Removal of weeds and trash (Section 15.2 -901) and
Removal and repair of buildings (Section 15.2 -902). The City Council as
recently as their retreat last September, and the general public, has raised
concerns about the effectiveness of the current approach in adequately
addressing problems with blighted or derelict properties.
City staff has reviewed the various tools available to the City to address these
issues and also reviewed similar efforts by other communities elsewhere in
Virginia. The purpose of this item is to facilitate a briefing of these reviews,
share staff's recommendations and t
Council members.
Recommended Action:
o gather comment and input from the
Receive briefing from staff; discuss recommendations and offer input and
preferences for further action.
Robert S. Cowell, Jr.
City Manager
Attachment
Distribution: Council Appointed Officers
SUMMARY OF CURRENT STATE CODE OPTIONS TO ADDRESS
BLIGHTED PROPERTIES
Virginia currently law provides localities with a number of tools to manage blighted and
derelict structures, properties, and buildings, as defined or described in Virginia statutes.
Blighted Property is defined to mean "any individual commercial, industrial, or residential
structure or improvement that endangers the public's health, safety, or welfare because the
structure or improvement upon the property is dilapidated, deteriorated, or violates minimum
health and safety standards, or any structure or improvement previously designated as blighted
pursuant to § 36- 49.1:1 [of the Code of Virginia], under the process for determination of "spot
blight." Section 36 -3. Derelict Structures are defined as `residential, commercial or industrial
structures which are no longer being used for a place of habitation, business„ or industry and
which are in such poor condition as to cause blight upon the neighborhood in which any structure
is located." Section 36 -152. Derelict Buildings are any "a residential or nonresidential
building or structure, whether or not construction has been completed, that might endanger the
public's health, safety, or welfare and for a continuous period in excess of six months, it has been
(i) vacant, (ii) boarded up in accordance with the building code, and (iii) not lawfully connected
to electric service from a utility service provider or not lawfully connected to any required water
or sewer service from a utility service provider. Section 15.2- 907.1.
The currently tools available to localities include:
1. Section 58.1 -3965 et seg., (Tax Sale Statutes)- Pursuant to these sections,
localities may sell properties for delinquent real estate taxes on December 31 following the
second anniversary of the date on which such taxes have become due, or, in the case of real
property upon which is situated (i) any structure that has been condemned by the local building
official pursuant to applicable law or ordinance; (ii) any nuisance as that tern is defined in
Section 15.2 -900; (iii) any derelict building as that tern is defined in Section 15.2- 907.1; or (iv)
any property that has been declared to be blighted as that tern is defined in Section 36- 49.1:1,
the first anniversary of the date on which such taxes have become due, such real estate may be
sold for the purpose of collecting all delinquent taxes on such property.
It is important to note that while subsection (iii) of Section 58.1 -3965 allows any
property that has been declared blighted pursuant to the procedure described in Section 36- 49.1:1
of the Code of Virginia to be sold after one year of real estate tax delinquency, Section 58.1-
3965.1 of the Code of Virginia allows localities to sell any real estate delinquent on December
31 following after the first anniversary such taxes [or nuisance costs] are delinquent if the
locality has adopted an ordinance allowing the same. A prior determination of blight is not
necessary to sell property after one year delinquency under Section 58.1- 3965.1. The City
adopted Section 32 -26 of the Code of the City of Roanoke which gives the City the authority to
sell property for delinquent taxes and nuisance abatement costs after one year of tax or nuisance
abatement cost delinquency.
2. Section 15.2- 901(reneoval of weeds and trash) and Section 15.2 -902 (removal
and repair of buildings).These nuisance abatement statutes allow localities to abate public
nuisances after proper notice to the owner. The unpaid costs of abatement become a lien on the
property and the locality may enforce the lien by selling the property through the tax sale process
if the owner does not pay the abatement costs in full, even if no taxes are delinquent on the
property.
3. Section 15.2 -906 (removal of properties; public health risk). This section
contains additional authority for localities, by adoption of an ordinance, to require the removal or
repair by the property of "any building, wall or any other structure that might endanger the
public health or safety of other residents of such locality." If, after notice by the locality to the
owner to raze or repair such building, such action has not been taken by the owner, the locality
may enter the property, perform the nuisance abatement, and hold the owner responsible for the
costs. The unpaid costs become a lien on the property, and the lien may be enforced by the
locality by selling the property through the tax sale process. The owner has the right to redeem
the property by paying the abatement costs incurred by the locality.
NOTE: In discussions with City staff, we recommend an amendment to this section to
address the issue of buildings and structures that are in imminent danger of collapse.
4. Section 15.2 -907 (abatement of drug blighted properties). This section contains
provisions that allow localities to manage drug blighted properties (defined to mean "a condition
which tends to endanger the public health or safety of residents of a locality and is caused by the
regular presence on the property of persons under the influence of controlled substances or the
regular use of the property for the purpose of illegally possessing, manufacturing or distributing
controlled substances "). If a property is deemed drug blighted, and the owner does not abate the
drug blight after being 30 days' notice by the locality to correct the blight, the locality may
commence corrective action to abate the drug blight on the property. The "costs and expenses
thereof shall be chargeable to and paid by the owner of such property and may be collected by
the locality as taxes are collected" and may be enforced through the tax sale process.
5. Section 15.2 -9021 (renovation of derelict buildings). This section allows
localities that have a real estate tax abatement program to offer property owners of derelict
buildings (as defined above), and upon ordinance adopted by the governing body, certain tax
breaks and incentives to demolish or renovate such derelict buildings. This process involves the
property owner submitting a plan for the renovation or demolition of the derelict property to the
locality for approval. The fair market value of the renovation or demolition costs are reflected in
the real estate tax assessment records for the property. The real estate tax on the amount equal to
the costs of demolition or the increase in fair market value as a result of the renovation shall be
abated for a period of not less than 15 years. Building permit fees and demolition permit fees
may also be refunded the owner in an amount not to exceed $5,000.
6. Section 15.2- 907.2. (Demolition of blighted properties).This section authorizes
any locality that has adopted an ordinance pursuant to Section 15.2 -907.1 to act as a receiver for
property that (1) has been declared blighted by the locality pursuant to the procedure outlined in
Section 36- 49.1:1, (2) the property is itself blighted, and (3) the property owner has not complied
with the provisions outlined in Section 15.2 -907.1 of the Code of Virginia. Under this process,
the locality must first petition the circuit court for approval to act as a receiver. If the court
approves the locality's request, the locality then acts as a receiver for the property and can
perform the necessary repairs or demolition necessary under the Virginia Uniform Statewide
Building Code. The period of receivership cannot exceed two years. The costs incurred by the
locality to perform the repairs or demolition become a lien upon the property, which may be
collected by appointment by the court of a special commissioner to sell the property at public
auction in a manner similar to a tax sale proceedings. The owner may redeem the property at any
time by the paying the costs incurred by the locality prior to confirmation of the sale by the
court.
7. Section 15.2 -1115 (removal of unsafe buildings and structures).This section
contains additional authority for localities to require the razing or repair of all "unsafe, dangerous
or unsanitary public or private buildings, walls or structures which constitute a menace to the
health and safety of the occupants thereof or the public "which are typically blighted or derelict
properties. If, after notice by the locality to the owner to raze or repair such building, the owner
has not been taken such action, the locality may enter the property, perform the nuisance
abatement, and hold the owner responsible for the costs. The unpaid costs in excess of $200
become a lien on the property, and the lien may be enforced by the locality by selling the
property through the tax sale process. The owner has the right to redeem the property by paying
the abatement costs incurred by the locality.
8. Section 15.2 -7500 (Land Bank entities). The general Assemble adopted this
chapter in 2016. Under this chapter, a locality has the option of (i) creating an authority or a
nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt
from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations
from a locality pursuant to § 15.2 -953 to carry out the functions of such land entity. A land bank
entity may acquire real property within participating localities or receive transfers and
conveyances from the participating localities. Land bank entities arc authorized to receive
funding through grants and loans from participating localities, the Commonwealth, the federal
government, and other public and private sources. In addition, this chapter authorizes a locality
to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax -
3
delinquent property in exchange for conveyance of the property by the owner to a land bank
entity. The chapter also authorizes a participating locality to remit to the land bank entity up to
50 percent of the real property taxes collected on real property conveyed by a land bank entity
for up to 10 years after the conveyance.
9. Section 36- 69.1:1 (eminent domain for blighted properties).This section allows a
locality, upon a determination that the property is blighted or constitutes a nuisance, to acquire
and repair the property through purchase, or through the power of eminent domain (provided the
structure is not occupied, and condemnation would not result in displacement of the residents
unless the structure is deemed unfit for human habitation). The locality may then dispose of the
property and recover the costs of the repair and disposal from the owner. Notice to the property
owner stating the reasons why the property is blighted is required, giving the owner 30 days to
respond by providing the locality a blight abatement plan to address the blight within a
reasonable time. If the owner does not respond that time, the locality must declare the property
blighted by ordinance of the governing body. The ordinance may allow for repair or demolition
by the locality which costs shall be a lien on the property.
10. Section 36 -19.5 (housing authority use of eminent domain)This section gives a
locality authority to acquire property for a redevelopment and housing authority through eminent
domain, and that is located within the authority's area of operation for purposes related for
development and redevelopment including, but not limited to, the renovation, rehabilitation and
disposition thereof, when such authority has determined that the condition of the property has
deteriorated to the extent that it poses a threat to the public safety, health and welfare, such
condition is likely to continue, and the owner has not corrected the condition of the property.
11. The Virginia Uniform Statewide Building Code ("USBC"). The City has
adopted the USBC (Section 7 -5, Code of City of Roanoke (1979)). The property maintenance
provisions of the USBC give the City the authority to take certain actions against unsafe/unfit
structures (i.e. blighted and derelict properties). These actions include (l) ordering a structure to
be vacated, (2) revocation of a structure's certificate of occupancy, (3) ordering the necessary
repairs to make secure an unsafe or unfit structure that is open for public entry, and (4) ordering
emergency repairs or demolition to structures that have been determined to be unsafe and unfit
for human habitation when there is an immediate danger of the structure collapsing. The owner
is responsible for the costs, and the unpaid costs become a lien against the property.
The above summary shows the majority of the various statutory tools localities have at
their disposal to combat blight and derelict properties. Effective use of these tools requires
careful coordination among various departments (e.g. law enforcement, code enforcement, city
attorney, and treasurer) in order to select the most appropriate tool for each particular situation.
For example, if a blighted or derelict property needs to be razed and is owned by an absentee
owner or an owner who cannot be located, it may be more practicable to issue the necessary
4
notices, perform the demolition or repair, place the lien, and then sell the property through the
tax sale process. if the owner is known and can be located, condemnation or purchase may be
the preferred option, particularly if a housing authority desires the property. A critical factor in
making these decisions will be the costs associated with each option and the benefits that are
anticipated from utilizing that option.
Daniel J. Callaghan
David L. Collins
August 26, 2016; revised December 14, 2016
Va. Code Ann. 6 58.1. 3970.1
Current through the 2017 Regular Session of the General Assembly.
Code of Virginia > TITLES& I. TAXATION > SUBTITLE III. LOCAL TAXES > CHAPTER 39.
ENFORCEMENT, COLLECTION, REFUNDS, REMEDIES AND REVIEW OF LOCAL TAXES >
ARTICLE 4. BILL IN EQUITY FOR SALE OF DELINQUENT TAX LANDS
§ 58.1- 3970.1. Appointment of special commissioner to execute title to
certain real estate with delinquent taxes or liens to localities
A. Except as provided in subsection B, In any proceedings under this article for the sale of a parcel or parcels of
real estate which meet all of the following: (1) each parcel has delinquent real estate lazes or the locality
has a lien against the parcel for removal, repair or securing of a building or structure; removal of bash,
garbage, refuse, litter; or the culling of Brass, weeds or other foreign growth, (ii) each parcel has an
assessed value of $ 50,000 or less, and (it) such taxes and liens, together, including penally and
accumulated interest, exceed 50 percent of the assessed value of the parcel or such taxes alone exceed
25 percent of the assessed value of the parcel, the locality may petition the circuit court to appoint a special
commissioner to execute the necessary deed or deeds to convey the real estate to the locally in lieu of the
sale at public auction. After notice as required by this article, service of process, and upon answer filed by
the owner or other parties in interest to the bill in equity, the court shall allow the parties to present
evidence and arguments, ore tens, prior to the appointment of the special commissioner. Any surplusage
accruing to a locality as a result of the sale of the parcel or parcels after the receipt of the deed shall be
payable to the beneficiaries of any lens against the property and to the former owner, his heirs or assigns
In accordance with §_58.13967. No deficiency shall be charged against the owner after conveyance to the
locality.
B. For a parcel or parcels of real estate in the Cities of Norfolk, Richmond, Hopewell, Newport News,
Petersburg, Fredericksburg, and Hampton, all of the provisions of subsection A shall apply except (i) that
the percentage of taxes and liens, together, including penalty and accumulated interest, and the
percentage of taxes alone set forth In clause (III) of subsection A shall exceed 35 percent and 15 percent,
respectively, of the assessed value of the parcel or parcels or (if) that the percentage of taxes and liens,
together, Including penalty and accumulated interest, and the percentage of taxes alone set forth In clause
(III) of subsection A shall exceed 20 percent and 10 percent, respectively, of the assessed value of the
parcel or pamis, and each parcel has an assessed value of $ 100,000 or less, provided that under this
clause the property is not an occupied dwelling. and the locality enters Into an agreement for sale of the
parcel to a nonprofit organization to renovate or construct a single- family dwelling on the parcel for sale to
a person or persons to reside in the dwelling whose Income is below the area median Income.
History
1999 c. 869; 2003 cc. 16, 156; 2004 c 968; 207 I. c_688; 2012. cc. 87.610; 2014 c. 519; -2015c 379.
Annotations
Notes
DAVID COLLINS
aV,z\ ;f�%. k
G�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: City Land Bank Program
Background
At the retreat in September, the Council requested staff review information
related to the establishment of a land bank program within the City of Roanoke.
Staff followed that request with a copy of the relevant Virginia statutes (see
attached) forwarded to the Council members and discussion with an area
provider of affordable housing.
In 2016, Virginia created the authority for local governments to establish a land
bank program with the option of either creating an authority or nonprofit
specifically to address land banking of property or to designate an existing
nonprofit to carry out the functions of a land bank.
Recommended Action:
Receive briefing from staff; discuss recommendations and offer input and
preferences for further action.
--- - - - - -- -- - - -- - - - - - --
Robert S. owell, Jr.
City Manager
Attachment
Distribution: Council Appointed Officers
Chapter 75. Land Bank Entities Act
§ 15.2 -7500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Act" means this chapter, the Land Bank Entities Act (§ 15.2 -7500 et seq.).
"Authority" means any political subdivision, a body politic and corporate, created, organized,
and operated pursuant to the provisions of the Act.
"Board of directors" or "board" means the board of directors of an authority or a corporation.
"Corporation" means any nonprofit, nonstock corporation created under Chapter 10 (§ 13.1 -801
et seq.) of Title 13.1 and operated pursuant to the provisions of the Act.
"Existing nonprofit entity" means any nonprofit organization that is exempt from taxation under
§ 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality
pursuant to § 15.2 -953.
"Land bank entity" means any authority, corporation, or existing nonprofit entity established or
designated by a locality to carry out the purposes of the Act.
"Real property" means lands, structures, and any and all easements and every estate and right
therein, legal and equitable, including terms for years and liens by way ofjudgrnent, mortgage,
or otherwise, and any and all fixtures and improvements located thereon.
2016_ cc. 159, 383.
§ 15.2 -7501. Creation of land bank entities by localities.
A. Subject to a public hearing held pursuant to § 15.2 -7502, a locality may by ordinance, or two
or more localities may by concurrent ordinances, create a land bank entity as either an authority
or a corporation, under an appropriate name and title, for the purpose of assisting the locality to
address vacant, abandoned, and tax delinquent properties. Other localities may join the authority
or corporation as provided in the ordinance.
An authority created pursuant to the Act shall be created as a public body corporate and as a
political subdivision of the Commonwealth. A corporation created pursuant to the Act shall be a
nonprofit, nonstock corporation created under Chapter 10 (§ 13.1-801 ct seq.) ofTitle 13.1.
B. Each ordinance shall include the following
The name of the authority or corporation and the address of its principal office
2. The name of each locality creating the authority or corporation
3. The purpose for which the authority or corporation is created; and
4. The names, addresses, and terms of office of the initial members of the board of directors of
the authority or corporation.
2016, cc. 159, 383.
§ 15.2- 7502. Public hearing required prior to creation or designation of a land bank entity.
The governing body of a locality shall not adopt an ordinance creating a land bank entity
pursuant to 5 15.2 -7501 or designating an existing nonprofit entity pursuant to § 15.2 -7512 until
notice of intention to do so has been published once a week for two successive weeks in some
newspaper published or having general circulation in the locality. The notice shall specify the
time and place of a hearing at which affected or interested persons may appear and present their
views.. not less than five days nor more than 21 days after the second advertisement appears in
such newspaper. After the public hearing has been conducted pursuant to this section, the
governing body shall be empowered to create a land bank entity or designate an existing
nonprofit entity.
2016, cc. 159. 383.
§ 15.2 -7503. Board of directors; qualifications; terms; vacancies; compensation and
expenses.
A. Each land bank entity created pursuant to the Act shall be governed by it board of not less
than five members appointed by the goveming body of the participating locality. When a land
bank entity is created by two or more localities, the governing body of each locality shall appoint
at least two members, one of whom may be a member of the governing body. After initial
staggered terms, the term of all board members shall be four years. When one or more additional
localities join an existing land bank entity, each of such participating localities shall be
represented by not less than two members on the board. The first members shall be appointed
immediately upon the admission of the locality into the land bank entity in the same manner as
were the initial members of the land bank entity.
B. The board shall elect one of its members to serve as chairman and one of its members to serve
as vice - chairman and shall elect a secretary and a treasurer who need not be members of the
board. The offices of secretary and treasurer may be combined. A majority of the members of the
board shall constitute a quorum, and the vote of a majority of such quorum shall be necessary for
any action taken by the land bank entity. No vacancy in the membership of the board shall impair
the right of a quorum to exercise all the rights and perform all the duties of the land bank entity.
C. The localities that created or thereafterjoin the land bank entity, by ordinance or concurrent
ordinances, may provide for the payment of compensation to the members of the board and for
the reimbursement to each member of the land bank entity the amount of his actual expenses
necessarily incurred in the performance of that member's duties.
2016, cc. 159. 383.
§ 15.2 -7504. Executive director; staff
The board may appoint an executive director, who shall be authorized to employ such staff as
necessary to enable the land bank entity to perform its duties as set forth in the Act the board is
authorized to determine the duties of such staff and to fix salaries and compensation from such
funds as may be received or appropriated.
The land bank entity may enter into contracts and agreements with it locality for staffing services
to be provided to the land bank entity.
2016.cc.159,383.
§ 15.2- 7505. Financial interests of board members and employees prohibited.
A. No member of the board or employee ofthe land bank entity shall acquire any interest, direct
or indirect, in real property of the land bank entity, in any real property to be acquired by Elie
land bank entity. or in any real property to be acquired frotm the land bank entity.
B. No member of the board or employee of it land bank entity shall have any interest, direct or
indirect, in any contract or proposed contract for materials or services to be furnished to or used
by a land bank entity.
C. The board may adopt supplemental rules and regulations addressing potential conflicts of
interest and ethical guidelines for members of the board and employees of the land bank entity.
2016, cc. 159. 383.
§ 15.2 -7506. Powers of land bank entity.
A. The land bank entity shall have the power to:
I. Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its
business;
2. Sue and be sued in its own name and plead and be interpleaded in all civil actions, including
actions to clear title to property of the land hank entity;
3. Adopt a seal and alter the same at its pleasure
4. Borrow money from private lenders, localities, or the state or from federal government funds,
as may be necessary, for the operation and work of the land bank entity;
5. Procure insurance or guarantees from the Commonwealth or federal government of the
payments of any debts or parts thereof incurred by the land bank entity and pay premiums in
connection therewith;
6. Enter into contracts and other instruments necessary, incidental, or convenient to the
perfomtance of its duties and the exercise of its powers;
7. Enter into contracts and other instruments necessary, incidental, or convenient to the
performance of functions by the land bank entity on behalf of localities or agencies or
departments of localities or to the performance by localities or agencies or departments of
localities of functions on behalf of the land bank entity;
8. Make and execute contracts and other instruments necessary or convenient to the exercise of
the powers of the land bank entity;
9. Procure insurance against losses in connection with the real property, assets, or activities of
the land bank entity;
10. Invest funds of the land bank entity, at the discretion of the board, in instruments,
obligations, securities, or real property determined proper by the board and name and use
depositories for its funds;
11. Enter into contracts for the management of, the collection of rent from, or the sale of real
property of the land bank entity;
12. Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and
otherwise improve real property or rights or interests in real property:
13. Fix, charge, and collect rents, fees, and charges for the use of real property of the land bank
entity and for services provided by the land bank entity;
14. Grant or acquire a license, easement, lease, or option with respect to real property of the land
bank entity;
15. Enter into partnerships, joint ventures, and other collaborative relationships with
municipalities and other public and private entities for the ownership, management,
development, and disposition of real property;
16. Accept grants and donations from any source, as may be necessary, for the operations of the
land bank entity:.
17. Accept real estate from any source, subject to the limitations and restrictions set out in §
15.2 -7507;
18. Make loans or provide grants to carry out activities consistent with the purposes of the land
bank entity: and
19. Do all other things necessary or convenient to achieve the objectives and purposes of the land
bank entity or other laws that relate to the purposes and responsibility of the land bank cntity.
B. Phe land bank entity shall neither possess nor exercise the power of eminent domain.
2016, cc. 159, 383.
§ 15.2 -7507. Acquisition of properly.
A. The land bank entity may acquire real property or interests in real property by gift, devise,
transfer, exchange, purchase, or otherwise on terms and conditions and in a manner the land bank
entity considers proper.
B. In addition to the powers granted is subsection A. the land bank entity may acquire real
property by purchase contracts, lease purchase agreements_ installment sales contracts, land
contracts, and pursuant to the sale or other conveyance of real property under Article 4 (5 58.1-
3965 et seq.) of Chapter 39 of Title 58
C. The land bank entity may accept transfers or conveyances from a locality upon such terms and
conditions as agreed to by the land bank entity and the locality. Notwithstanding any other law to
the contrary, any locality may transfer or convey to the authority real property and interests in
real propert y of the locality on such teens and conditions and according to such procedures as
determined by the locality.
D. `I he land bank Lathy shall maintain all of its real property in accordance with the laws and
ordinances of the jurisdiction in which the real property is located.
2016. cc. 159, 383.
§ 15.2 -7508. Disposition of property.
A. The land bank entity shall hold in its own name all real property acquired by the land bank
entity regardless of the identity of the transferor of such property.
B. The land bank entity shall maintain and make available for public review and inspection an
inventory of all real property held by the land bank entity.
C. The land bank entity shall determine and set forth in policies and procedures of its board the
general terns and conditions for consideration to be received by the land bank entity for the
transfer of real property and interests in real property, which consideration may take the form of
monetary payments and secured financial obligations, covenants, and conditions related to the
present and future use of the property; contractual commitments of the transferee: and such other
forms of consideration as determined by the land bank entity to be in the best interest of the land
bank entity.
D. The land bank entity may convey, exchange, sell, transfer, lease as lessee, grant, and release
any and all interests in, upon, or to real property of the land bank entity.
E. A locality may, in its ordinance creating a land bank entity:
1. Establish a ranking of priorities for the use of real property conveyed by a land bank entity,
including (i) use for purely public spaces and places; (n) use for affordable housing; (iii) use for
retail, commercial, or industrial activities; (iv) preservation or rehabilitation of historic properties
within historic areas as defined in § 15.2 -2201; and (v) such other uses and in such priority as
determined by the participating locality;
2. Require that any particular form of disposition of real property, or any disposition of real
property located within specified jurisdictions, be subject to specified voting and approval
requirements of the board. Except and unless restricted m constrained in this manner, the board
may delegate to officers and employees of the land bank entity the authority to enter into and
execute agreements, instruments of conveyance, and all other related documents pertaining to the
conveyance of real property by the land bank entity; and
3. Require that the acquisition, management, and disposition of any historic property as
designated by the locality in accordance with § 15.2 -2306 or within a historic area as defined in a
15.2 -2201 be considered subject to the requirements of § 15.2 -2306.
2016, cc. 159, 383.
§ 15.2 -7509. Financing of operations.
A. A land bank entity may receive funding through grants and loans from the locality or
localities that created or are currently participating in the land bank entity, the Commonwealth,
the federal government, and other public and private sources.
B. A land bank entity may receive and retain payments for (i) services rendered, (it) rents and
lease payments received, (iii) consideration for disposition of real and personal property, (iv)
proceeds of insurance coverage for losses incurred, (v) income from investments, and (vi) any
other asset and activity lawfully permitted to a land bank entity under the Act.
C. Up to 50 percent of the real property taxes collected on real property conveyed by a land bank
entity may be remitted to the land bank entity. Such allocation of property tax revenues shall
commence with the first taxable year following the date of conveyance ,aid continue for a period
of up to 10 years.
2016, cc. 159. 383.
§ 15.2 -7510. Exemption from taxes or assessments.
The land bank entity is hereby declared to be performing a public function on behalf of the
locality with respect to which the land bank entity is created and to be a public instrumentality of
such locality. Accordingly, the land bank entity shall not be required to pay any taxes upon any
property acquired or used by the land bank entity under the provisions of the Act.
2016,cc.159.383.
§ 15.2 -7511. Dissolution of land bank entity.
A. A land bank entity may be dissolved 60 calendar days after an affirmative resolution is
approved by two - thirds of the membership of the board. Sixty calendar days' advance written
notice of consideration of a resolution of dissolution shall be (i) given to all governing bodies
that created or are currently participating in the land bank entity, (it) published in a local
netispaper of general circulation, and (iii) sent by certified mail to the trustee of any outstanding
bonds of the land bank entity. Upon dissolution of the land bank entity, all real property,
personal property, and other assets of the land bank entity shall become the assets of the locality
or localities that created the land bank entity. In the event that two m more localities create or are
participating in a land bank entity, the withdrawal of one m more participating localities shall not
result in the dissolution of the land bank entity unless the intergovernmental agreement so
provides and no participating locality desires to continue the existence of the land bank entity.
B. No land bank entity shall be dissolved unless all obligations and debts of such land bank
entity have been lawfully satisfied or otherwise provided for.
2016, ca 159, 383.
§ 15.2 -7512. Designation of existing nonprofit entities to carry out the functions of a land
bank entity.
A. Subject to a public hearing held pursuant to § 15.2 -7502, a locality may by ordinance
designate an existing nonprofit entity and its governing board to carry out the functions of a land
bank entity. The ordinance shall include a finding by the locality that the governance structure,
articles of incorporation, charters, bylaws, and other corporate documents are sufficient to
authorize the designated existing nonprofit entity to carry out the provisions of the Act.
B. An existing nonprofit entity designated pursuant to this section shall not be required to
comply with the provisions of § 15.2 -7503.
2016, cc. 159, 383.
hi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2018.
No. 41079- 031918.
A RESOLUTION authorizing the City Manager's execution of Amendment No. 2 to the
City's Contract with Securus Technologies, Inc., retroactive to March 1, 2018, to accept the
reinstatement of a phone commission rate.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City Manager is hereby authorized to execute, for and on behalf of the City,
in a form approved by the City Attorney, Amendment No. 2, to the City's contract with Securus
Technologies, Inc., retroactive to March 1, 2018, to accept the reinstatement of a phone commission
rate, all as more fully set forth in the City Council Agenda Report dated March 19, 2018. The
City entered into the original Contract with Wellness for Securus Technologies, Inc., on June I,
2013.
2. The City Manager is hereby authorized . to take such further actions and execute
all necessary documents as may be necessary to obtain, accept, implement, and administer such
Amendment, with any such documents being approved as to form by the City Attorney.
ATTEST*
0 �{- m�
� l y City Clerk
Resolution Approving Amenam.t N. 2 - Phone Commission 3.19.18 Doc
Q�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2018.
No. 41080 - 031918.
AN ORDINANCE to increase the Roanoke City Jail Inmate Phone
Commissions expenditure and Inmate Phone Commissions revenue budget estimates,
amending and reordaining certain sections of the 2017 -2018 General Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2017 -2018 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Inmate Phone Commissions 01- 140 - 3310 -2074 $120,000
Revenues
Inmate Phone Commissions 01- 110 - 1234 -1305 120,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
COQ'
j City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: jail Inmate Phone Commissions Revenue Adjustment and Approval
of Amendment No. 2 to the Contract with Securus Technologies,
Inc., Retroactive to March 1, 2018.
Background:
The City of Roanoke jail provides telephone services to inmates through an outside
vendor, Securus Technologies, Inc. Previously, the City was able collect a
commission from these phone services, which served to supplement the jail's
overall budget for operating expenses. However, this form of revenue collection
was restricted in 2016 due to new regulations implemented by the Federal
Communications Commission (FCC). These restrictions have since been rescinded,
and a proposed amendment with the vendor would restore the ability to receive
phone commissions. These increased revenues from telephone commissions
would then be used to help fund the new Medical Housing Unit initiative in order to
better service inmates housed in the City jail
Considerations:
In lieu of phone commissions, the vendor agreed to provide a signing bonus with
the City, in the amount of $175,000 annually for both FY2017 and FY2018, which
was included in the adopted budget for those years. Since the regulations
restricting the collection of commissions from inmate phone calls have been
rescinded, the vendor is prepared to reinstate the commission at a rate of 68.8 %,
starting March 1, 2018. The estimated revenue to be received is approximately
$30,000 per month, for a total revenue amount of $120,000 anticipated for
FY2018.
The Sheriff's Office has also identified a significant need for a dedicated Medical
Housing Unit (MHU) to more appropriately and effectively address the needs of
individuals with suspected mental health issues. The additional revenue received
for the phone commissions would serve as the needed investment to launch the
program with the necessary training and infrastructure required for this type of
housing structure.
Recommended Action:
Adopt the accompanying budget ordinance to increase the revenue estimate for
Inmate Phone Commissions (01 -110- 1234 -1305) by $120,000 and appropriate
funding to the Inmate Phone Commissions expenditure account (01- 140 -3310-
2074). This funding will be used for creating a Medical Housing Unit within the
jail, which will serve to address the mental health needs of inmates housed in the
facility.
Authorize the City Manager to execute Amendment No. 2 retroactive to March 1,
2018, as referenced above, approved as to form by the City Attorney, to the City's
Contract with Securus Technologies, Inc. to accept the reinstatement of a phone
commission rate of 68.8 %.
Authorize the City Manager to take such actions and to execute such documents,
as may be necessary to provide for the implementation, administration, and
enforcement of Amendment No. 2 to the above referenced Contract with Securus
Technologies, Inc., as well as the Contract itself.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Honorable Tim Allen, Sheriff
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Securus Technologies, Inc.
Amendment No. 2 to Contract #97GJRG
For Inmate Phone Services
RFP# 13 -01 -05
CITY OF ROANOKE, VIRGINIA
SECOND AMENDMENT TO CONTRACT
This SECOND AMENDMENT TO CONTRACT ( "Second Amendment -) is effective as of March 1, 2018 ( "Second
Amendment Effective Date ") and amends and supplements that certain Contract with an Effective Date cfjune 1, 2013
by and between the Sheriff of the City of Roanoke, Virginia ( "Sheriff' or 'Owner') and Securus Technologies, Inc.
( "Contractor" or "Securus "), as subsequently amended (collectively, the "Contract").
WHEREAS Customer and Provider are parties to the Contract and desire to amend the terms as stated herein;
NOW, THEREFORE, as of the Second Amendment Effective Date and in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. Term. This Second Amendment shall commence on the Second Amendment Effective Date and shall remain in
effect through the Term of the Contract. Further, the Term of the Contract shall be extended by an additional 3
months, ending as of midnight on August 31, 2018. Notwithstanding anything to the contrary, the terms and
conditions of the Contract shall continue to apply for so long as Contractor continues to provide the Work to Sheriff
after the expiration or earlier termination of this Contract.
2. Commission Percentage Change. As of the Second Amendment Effective Date, Paragraph 4 of Page 4 of the First
Amendment to Contract will be of no further force or effect, and payment of commissions will resume. As of the
Second Amendment Effective Date, the FACILITIES AND RELATED SPECIFICATIONS chart on page 19 of the Contract is
replaced with the following:
Commissions are paid in one -month arrears and are not subject to retroactive payments or adjustments for
failure to provide timely notice of address changes.
*Notwithstanding anything to the contrary contained in the Agreement, no commission will be paid on
revenues earned through the completion of interstate calls of any type placed from the Facility(sj.
3. Debt Commission Percentage Change. As of the Second Amendment Effective Date, the FACILITIES AND RELATED
SPECIFICATIONS chart on page 19 of the Contract is replaced with the following:
Facility Name and Address
Type of Call
Commission
Revenue Base
Commission Payment
Facility Name and Address
Management
for Calculation
Address
Service
Percentage
of Commission
Roanoke City jail
Roanoke Cityjail
340 Campbell Avenue SW
Gross
Attention: Major David Bell
Roanoke, VA 24016
SCP
68.896*
Revenues
340 Campbell Avenue SW
Roanoke, VA 24016
Commissions are paid in one -month arrears and are not subject to retroactive payments or adjustments for
failure to provide timely notice of address changes.
*Notwithstanding anything to the contrary contained in the Agreement, no commission will be paid on
revenues earned through the completion of interstate calls of any type placed from the Facility(sj.
3. Debt Commission Percentage Change. As of the Second Amendment Effective Date, the FACILITIES AND RELATED
SPECIFICATIONS chart on page 19 of the Contract is replaced with the following:
Facility Name and Address
Debit Commission Percentage
Roanoke Ctyjail
340 Campbell Avenue SW
68.8%'
Roanoke, VA 24016
Commissions are paid in one -month arrears and are not subject to retroactive payments or adjustments for
failure to provide timely notice of address changes.
*Notwithstanding anything to the contrary contained in the Agreement, no commission will be paid on
revenues earned through the completion of interstate calls of any type placed from the Facility(s).
Page 1 of 4
Securus Technologies, Inc.
Amendment No. 2 to Contract #97Gf RG
For Inmate Phone Services
4. Additional Applications. As of the Second Amendment Effective Date, Section XII on Pages 1 and 2 of the First
Amendment to Contract is hereby stricken and replaced with the following:
AUTOMATED INFORMATION SERVICES
DESCRIPTION:
Provider will provide the Automated Information Services (AIS-) as described herein. Once Facility staff has
uploaded all required information, the system is able to automate information such as Commissary Balances
(pending MIS system data flow); Charge Information; Court Appearance Dates, Times, Locations; Bond
Amounts, Types; Projected Release Dates; and Visitation Eligibility, Times. The application is accessed through
a telephone IVR system and provides all information automatically without staff intervention 24/7.
Automated Information Services is configurable to meet the specific needs of Customer's Facility. The
standard AIS options include automation of inmate and Facility information to (1) constituents who call
Customer's existing main telephone number; and (2) inmates at Customers Facility using the inmate
telephone system. The following options (the "Additional AIS" Options"), which are required in order to be
eligible for the No Cost Option, below, are currently available for AIS:
✓ Ability to open or fund a Securus pre -paid telephone account (AdvanceConnect)
✓ Ability to fund an inmate phone account (Inmate Debit where available)
✓ Ability to supplement inmate deposit services by funding an inmate trust account
✓ Ability to leave a voice mail(AIST "Jail Voicemail)
The AIS'- jail Voicemail feature is a one -way communication product that allows friends and family members
calling a facility to leave a 45- second voicemail for an inmate providing a quick way for friends and family to
initiate communication or deliver timely information to an inmate prior to a scheduled phone call or visitation.
Regardless of whether Customer chooses the No Cost Option or Cost Option below, Customer understands
and agrees that Provider may, upon future release, expand the AIS" services offering to include additional
constituent notification services or Additional AIS"' Options upon 30 days advance written notice. Provider
also offers customized AIS development options based on the terms at
httos' 1/www .securustechnologies.com/ais-terms-and-conditions, which are incorporated herein by reference.
Customer represents and warrants that it is legally authorized to allow Provider to deploy the Automated
Information Services ( AIS-) as agreed and described herein.
COMPENSATION:
No Cost Option - For any months during the Term where Customer permits the deployment of the Additional
AISTM Options (currently AdvanceConnect phone funding, Inmate Debit funding (only necessary where
available), inmate trust account funding, and Jail Voicemail), Provider will provide AIS- to Customer at no
charge.
Cost Option - For any months during the Term where Customer does not comply with the conditions in the
foregoing paragraph, Customer agrees to pay Provider the greater of $300.00 per month or $2.00 per Average
Daily Population per month for AISTM, which will be payable through a commission deduction. In any given
month, in the event commissions earned are less than the cost, customer may be sent an invoice for the
remaining amount.
Integration Fees - Provider will not charge integration fees, but if a vendor charges an integration fee,
Customer will be responsible for its payment.
AISTM lail Voicemail - If deployed, friends and family will pay up to a $1.99 usage fee for each voicemail they
leave, 20% of which Provider will pay to Customer each month. AIS" Jail Voicemail is not subject to any other
compensation.
Page 2 of 4
Securus Technologies, Inc.
Amendment No. 2 to Contract #97GJRG
For Inmate Phone Services
FEES PAYABLE BY DEPOSITOR FOR TRUST FUNDING:
For trust funding transactions through the AIS'° application, the depositor will be charged a base fee per
transaction as follows:
Qepi Amount
Fees Pa .com /jP"-Agp
Fees Call Center /AIS IVR
$0.01 - $20.00
$3.95
$4.95
$20.01 - $100.00
$6.95
$7.95
$100.01 - $200.00
$8.95
$9.95
$200.01 - $300.00
$10.95
$11.95
5. Address Change. Provider's Notice address is hereby changed to the following:
Notice Address:
4000 International Parkway
Carrollton, Texas 75007
Attention: General Counsel
Phone: (972) 277 -0335
6. Except as expressly amended by this Second Amendment, all of the terms, conditions and provisions of the
Contract shall remain in full force and effect.
[Signature Page Follows]
Page 3 of 4
F econd Amendment Effective Date.
Securus Technologies, Inc.
Amendment No. 2 to Contract #97GJRG
For Inmate Phone Services
PROVIDER:
oanoke ,Virginia
Securus Technologies, Inc.
By:
Name:
By
Title:
Name: Robert Pickens
Date:
Title: President and Chief Executive Officer
Date:
Please return signed contract t
4000 International Parkway
Carrollton, Texas 75007
Attention: Contracts Administrator
Phone: (972)277 -0300
Page 4 of 4
Cti=
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2018.
No. 41081- 031918.
AN ORDINANCE amending Ordinance No. 40826 - 051517, which adopted and established a
Pay Plan for officers and employees of the City effective July 1, 2017; and dispensing with the second
reading of this ordinance by title.
WHEREAS, as more particularly set forth in the City Council Agenda Report dated March 19,
2018, the Roanoke Sheriff's Office has requested that each employee of the Sheriffs Office who meets
the qualifications for Mental Health Specialist to be accorded an annual pay supplement of $1,500,
payable on a bi- weekly basis as long as they are assigned to the Intake Section of the Jail, commencing
with the pay period beginning April 10. 2018; and
WHEREAS, City Council must adopt an amendment to Ordinance No. 40826 - 051517 in order
to implement this requested change.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Ordinance No. 40826- 051517, be, and it hereby is, amended to provide add a new
Section 27A to Ordinance No. 40826 - 051517 to provide:
27A. Each employee of the Sheriff's Office who meets the qualifications for
Mental Health Specialist is to be accorded an annual pay supplement of
$1,500, payable on a bi- weekly basis as long as they retain the
appropriate qualifications established by the Sheriff and are assigned to
the Intake Section of the Jail, subject to the terms and conditions set out
in Ordinance No. 40826- 051517. Such pay supplement shall first take
effect for the pay period beginning April 10. 2018.
pay plan an ena aenl 3.192018.doc
All other provisions of Ordinance No. 40826 - 051517, adopted May 15, 2017, shall
remain in full force and effect.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
0-1- uL 114: L/91ea t
C)qPuly City Clerk,
pay pion 3 .19 2018 &,
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: Salary Supplement for Sheriff Deputies Staffing Medical
Housing Unit
Background
A 2017 Special Report by the U.S. Department of justice noted that nationwide,
44% of local jail inmates have a history of mental health disorder and that 27%
of local inmates experience serious psychological distress. With the closing of
mental health facilities in the state of Virginia, many mental health patients are
being diverted to jail. In the City of Roanoke jail, 54% of inmates receive
prescription medication and 69% are on psychotropic medications. This has led
to an increasing number of inmates on suicide watch.
Considerations:
The Roanoke Sheriff's Office is implementing a Medical Housing Unit based
upon a similar program at the Arlington County jail. The Office formed a
committee to evaluate operations, including the mental health program. The
recommendation of the committee included dedicated housing for inmates with
mental health needs. This will result in one housing unit that offers therapeutic
programming and one housing unit that will be used to triage prospective
inmates for entry into the program. Designated staff will be assigned to the
Intake Section and will have additional training requirements. The target date
for implementation is April 10, 2018. The Unit will initially be staffed by 5
Master Deputy Sheriffs and 12 Deputy Sheriffs who will be Mental Health
Specialists. The job requirements for these Mental Health Specialists will
include Crisis Intervention Training, Mental Health First Aid, Continuing
Education requirements, VCIN Operator B Certification, minimum of two years
of service with the Roanoke City Sheriff's Office, and annual application for re-
appointment to the Intake Section. The Sheriff is proposing that each of these
employees receive an annual salary supplement of $1,500, payable on a bi-
weekly basis beginning with the April 10'" pay period. The Sheriff implemented
a new fee in December for a service that allows inmates and their families to
send instant messages to one another. The proceeds from that fee are
expected to be $1,000 per month and will offset this expense in the current
year and will partially offset it in future budget years.
Recommended Action:
Amend the existing pay ordinance, adopted on May 15, 2017, to add Section
27A to allow each employee of the Sheriff's Office who meets the qualifications
for Mental Health Specialist to be accorded an annual pay supplement of
$1,500, payable on a bi- weekly basis as long as they are assigned to the Intake
Section of the Jail. This would go into effect with the pay period beginning
April 10'h
r_I_-
�- - ------- - -- - --
Robert S. Cowell
City Manager
Distribution: Sheriff Tim Allen
Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
-'�R63T4r'
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) 8534541
Fax: (540)853 -1145
E-mail: derk@manokeva.gov
March 21, 2018
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
Eli IANd E -bdH Bl=
CECELIA F. McCOY
Deputy City Clerk
CECELIA T. WEDS, CIVIC
Aaalahnt Deputy City Clerk
gp�1.6 -oi
UIT COURT
#Recived & Filed
Clerk OANOKE
I am enclosing a certified true copy of Resolution No. 41082- 031918 authorizing the
issuance and sale of not to exceed Thirty -three Million Five Hundred Thousand Dollars
($33,500,000) aggregate principal amount of General Obligations of the City of
Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of the
City, for the purpose of providing funds to pay the costs of acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various public
improvement projects of and for the City (including related design and architectural and
engineering services); and authorizing and providing for issuance and sale of a like
principal amount of General Obligation Public Improvement Bond Anticipation Notes in
anticipation of the issuance and sale of such Bonds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, March 19, 2018.
Sincerely,
64c&'�- J V&-6 -
Cecelia F. McCoy
Deputy City Clerk
Enclosure
The Honorable Brenda S. Hamilton
March 21, 2018
Page 2
PC. Kristine Flynn, Esquire, Hawkins, Delafield & Wood, LLP, 28 Liberty Street, 42nd
Floor, New York, New York 10005
Bob S. Cowell, Jr., City Manager
Sherman M. Stovall, Assistant City Manager for Operations
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Director of Finance
1,
IN THE, COUNCIL OF'FIII? CII'Y OF ROANOKE, VIRCINIA
The 19th day of March, 2018.
No. 41082 - 031918.
A RESOLUTION AMENDING RESOLUTION NO. 111885- 1171717 ADOPTED RY THE
COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AUTHORIZINC THE
ISSUANCE. AND SALE OF NOT TO EXCEED TII112TV-''I1REF. MILLION FIVE
HUNDRED THOUSAND DOLLARS ($33,51111,0110) AGGREGATE PRINCIPAL
AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA,
IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF
THE CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF
THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR THE CITY (INCLUDING RELATED
DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES); AND
AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE
PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE
OF SUCH BONDS.
WIIF.RNAS, the Council (the "Council') of the City of Roanoke, Virginia (the
"City"), following a public hearing as required by Chapter26 of Title 15.2 of the Code of
Virginia, 1950, as amended, the same being the Public Finance Act of 1991, has heretofore
adopted Resolution No. 40885- 071717 (the "Original Resolution') authorizing the issuance of
certain General Obligation Public Improvement Bonds of the City and certain General
Obligation Public Improvement Bond Anticipation Notes of the City;
WHEREAS, pursuant to the Original Resolution, the Council has (i) authorized
the City to contract a debt and to authorize the issuance and sale of not to exceed $33,500,000
aggregate principal amount of general obligations of the City, in the form of General Obligation
Public Improvement Bonds of the City (hereinafter, the "Bonds "), for the put-pose of providing
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City (including
related design and architectural and engineciing services), as more particularly described in the
Original Resolution, (ii) authorized the issuance and sale of a like principal amount of General
Obligation Public Improvement Bond Anticipation Notes (hereinafter the "Bond Anticipation
Notes ") in anticipation of the issuance of such Bonds; and
WHEREAS, the City desires to make certain amendments to the Original
Resolution to authorize the issuance and sale of the Bonds and the Bond Anticipation Notes to
one or more lenders to evidence one or more loans to be made to the City in accordance with any
proposal(s) made by such lender(s) pursuant to any Request for Proposal issued by the City for
any such loan(s), the proceeds of which shall be applied to finance the public improvement
projects described in the Original Resolution.
3018923.1 042494 RSIND
NOW, 'I'll]?RLFORF, BI; 11 RFSOLVFD BY 'IIIF COUNCIL OF'11II7. CITY
OF ROANOKI., VIRGINIA:
SIiCIION 1. In addition to the authorization Ibr a competilivc or negotiated
sate of the Bonds and the Bond Anticipation Notes as set forth in the Original Resolution, the
Council hereby authorizes the issuance and sale of the Bonds and the Bond Anticipation Notes to
one or store lenders to evidence one or more loans made to the City by one or more lenders in
accordance with any proposal made by such Icnder(s) to the City pursuant to any Request Ibr
Proposal issued by the City for any such loan (hereinafter any such Request for Proposal of the
City and any proposal from any lender(s) submitted in response thereto shall be collectively
referred to as a "Financing proposal "). 'There is hereby delegated to the City Manager and the
Director of Finance, without further action by the Council, the authority to issue and deliver the
Bonds and the Bond Anticipation Notes authorized by the Original Resolution at such price(s)
and rate($), and on such other trims and conditions, us shall be provided in any Financing
Proposal, which Financing Proposal shall be in such form and containing such terms and
conditions as the City Manager and the Director of Finance deem acceptable, acting with the
advice of the City's financial advisor and legal counsel (including the City Attorney and the
City's Bond Counsel), subject to the provisions and parameters of the Original Resolution, as
amended and supplemented by this Amendment Resolution. Any such loan authorized hereby to
be evidenced by any Bonds or Bond Anticipation Notes of the City authorized and issued
pursuant to the Original Resolution, as amended and supplemented by this Amendment
Resolution, may be in the form of a non- revolving drawdown loan in an aggregate principal
amount not to exceed $33,500,000.
SFCfION2. Notwithstanding anything in the Original Resolution to the
contrary, Bonds or Bond Anticipation Notes issued and sold pursuant to a Financing Proposal as
authorized by this Amendment Resolution may bear interest at such fixed rates or variable rates
of interest (which variable rates of interest shall be determined in accordance with any variable
rate formula as shall be set forth in any Financing Proposal) as shall be determined by the City
Manager and the Director of Finance, acting with the advice of the City's financial advisor;
provided, however, that the true interest cost of any fixed rate(s), or the initial variable rate(s) of
interest, shall not exceed 5.000 %; and provided further that the fixed rate(s) or variable rate(s)
determined for such Bonds or Bond Anticipation Notes may be further subject to adjustment
upon the occurrence of certain events or conditions as may be set forth in any Financing
Proposal, including, without limitation, adjustments to the stated interest rate or interest rate
formula upon the occurrence of any event of taxability with respect to the Bonds or Bond
Anticipation Notes, any default in payment with respect to the Bonds, and any change in the
marginal corporate tax rate of corporations under federal law. Notwithstanding anything in the
Original Resolution to the contrary, any Bonds or Bond Anticipation Notes issued and sold
pursuant to a Financing Proposal as authorized by this Amendment Resolution may be
prepayable at a prepayment price or redemption price that includes any make -whole amount,
yield maintenance fee, penalty fee or break-funding amount calculated in accordance with any
formula acceptable to the City Manager and the Director of Finance, acting with the advice of
the City's financial advisor and legal counsel (including the City Attorney and Bond Counsel) as
may be set forth in any Financing Proposal or in the Bonds, and in such case, such prepayment
price or redemption price may exceed the 2% redemption premium limitation set forth in the
Original Resolution.
3018923.1 042494 RSIND
SF,CfION 3. Any one of the C'ily Manager or the Director of Finance is hereby
uulhorived to execute and deliver any Financing Agreement, purchase agreement or any other
document, ugtrente t or instrument necessary to provide for the ISSWIme and delivery of the
Bonds or the Bond Anticipation Notes (hereinafter collectively rclened to as the "Financing
Document'), which financing Documents shall lie in such limn and substance as shall be
acceptable to the City Manage- or the Director of Finance, as evidenced b) his or her signalure
thereon, acting with the advice of legal counsel (including the City Allot ne) and Bond Counsel).
Any one of the City Manager m the Director of Finance is hereby further authorized to
determine, or to modify the front of the Bonds as set fiuYh in the Original Resolution or (lie
provisions of' the Original Resolution wifit respect to the elated date of the Bonds or the Bond
Anticipation Notes, the authorized denominations of the Bonds or the Bond Anticipation Notes,
the assignment of CUSIP Numbers, it any, to the Bonds or the Bond Anticipation Notes, and the
principal and interest payment dates of the Bonds or the Bond Anticipation Notes.
Notwithstanding anything in the Original Resolution to the contrary, any of the Bonds or Bond
Anticipation Notes may be issued directly to the purchaser thereof as registered owner or holder
thereof.
SFC'IION 4. All actions and proceedings heretofore taken by the Council, the
City Manager, the Director of Finance and any other officers, employees, agents and attorneys of
and lur the City in connection with the transactions contemplated by this Amendment
Resolution, including, but not limited to, the preparation and distribution of any Request for
Proposals relating to the issuance of the Bond Anticipation Notes, and the review and negotiation
of any Financing Proposals, are hereby ratified and conf o med.
SECTION 5. The Original Resolution, as amended and supplemented by this
Amendment Resolution, is hereby ratified and confirmed.
SECTION 6. The City Clerk is hereby directed to file a copy of this
Amendment Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of
Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended).
AT I EST:
Cty Clerk. Q
LSW
• s
3019923.1 042494 RSIND
@CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: Amendment of a Resolution Authorizing the Issuance of up to $33.5 million
in FY 2018 General Obligation Pubic Improvement Bonds to include the
authorization to issue Bond Anticipation Notes
Background:
On July 17, 2017, City Council adopted Resolution No. 40885- 071717 ( "Original Resolution') to
authorize the issuance of certain General Obligation Public Improvement Bonds of the City and
certain General Public Improvement Bond Anticipation Notes of the City. Pursuant to the Original
Resolution, the Council has (i) authorized the City to contract a debt and to authorize the issuance
and sale of not to exceed $33,500,000 aggregate principal amount of general obligations of the
City, in the form of General Obligation Public Improvement Bonds of the City (hereinafter, the
"Bonds "), and (ii) authorized the issuance and sale of a like principal amount of General Obligation
Public Improvement Bond Anticipation Notes (hereinafter the "Bond Anticipation Notes ") in
anticipation of the issuance of such Bonds.
At the City Council work session on March 5, 2018, City staff presented to City Council
background regarding alternative approaches in the issuance of Bond Anticipation Notes. Based
upon this presentation City staff recommends certain amendments to the Original Resolution to
permit the City to authorize the issuance and sale of the Bonds and the Bond Anticipation Notes
to one or more lenders to evidence one or more loans to be made to the City in accordance with
any proposal(s) made by such lender(s) pursuant to any Request for Proposal issued by the City
for any such loan(s), the proceeds of which shall be applied to finance the public improvement
projects described in the Original Resolution.
Considerations:
In order to issue and sell Bonds and Bond Anticipation Notes to one or more lenders as described
herein, the Original Resolution must be amended as set forth in the resolution included in this
Report. The City's financial advisor, Davenport & Company LLC recommends implementation
of these amendments to the Original Resolution.
Recommended Action:
Adopt the accompanying resolution to amend the Original Resolution for the purposes set forth in
this o
Ro ert . Cowell-,Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Kristin L. Flynn, Bond Counsel, Hawkins Delafield & Wood LLP
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2018.
No. 41083 - 031918.
AN ORDINANCE to appropriate funding from the Commonwealth and 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
Purchased Services
Bonuses
Social Security
Kitchen Equipment
Revenues
Federal Grant Receipts
State Grant Receipts
Federal Grant Receipts
302 - 110 - 0000 - 0000 -132L- 61310 -43381 - 3 -01
302- 110 - 0000 - 0000 -327M- 61100 - 41660 -3 -01
302- 110 - 0000 - 0000 -327M- 61100 -42201 - 3 -01
321- 320- 0000- 0450- 0000- 65100- 48821 -3 -00
302 - 000 - 0000 - 0000 - 132L - 00000 - 38010 - 0 - 00
302 - 110 - 0000 - 0000 - 327M - 00000 - 32400 - 0 - 00
321 - 000 - 0000 - 0000 - 0000 - 00000 - 38583 - 0 - 00
$ 287
16,721
1,279
23,664
$ 287
18,000
23,664
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST: J-. vhanvl
1,' P City Clerk.
March 19, 2018
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, March 13,
2018, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriation
Award
NSLP Equipment Assistance Grant 2017 -18 $23,664.00
STEM Teacher Recruitment and
Retention Awards 2017 -18 $18,000.00
Revised Appropriation Additional Award
Title I, Part A Improving Basic Programs 2016 -17 $287.14
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton, Clerk
pc: Dan Callaghan Rita D. Bishop
Bob Cowell Kathleen Jackson
Amelia Merchant Holli Salyers (w /details)
Annette Lewis
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Annette Lewis
Chairman
Mark K. Cathey
Vice Chairman
William B. Hopkins, Jr.
Elizabeth C. S. Jamison
Laura D. Rottenborn
Lutherio H. Smith
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
.WW.'.".j.f p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
G CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: School Board Appropriation Request
Background
As the result of official Roanoke City School Board action at its March 13, 2018
meeting, the Board respectfully requested that City Council appropriate funding
as outlined in this report.
The 2016 -17 Title 1, Part A Improving Basic Programs grant provides financial
assistance for high numbers or percentages of children from low- income
families to help ensure that all children meet challenging state academic
content and achievement standards. The increase of $287 is based on the final
award allocations made by the Virginia Department of Education. This grant
will be reimbursed by federal funds and will end September 30, 2018. This is a
continuing program.
The 2017 -18 STEM Teacher Recruitment and Retention Awards grant award of
$18,000 from the Virginia Department of Education provides funds to
classroom teachers in the science, technology, engineering, or mathematics
content areas who have been reassigned from a fully accredited school to a
hard -to -staff school or school not fully accredited, or teachers new to the
profession. This grant will be reimbursed by state funds and will end May 4,
2018.
The 2017 -18 National School Lunch Program Equipment Assistance grant award
of $23,664 provides funds for schools to purchase equipment to serve healthier
meals that meet the updated meal patterns, improved food safety, and expand
access. This grant will be reimbursed by federal funds and will end September
30, 2019.
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
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
STEPHANIE M. MOON RVANOLDS,MMC
Clrt CIn4
Mr. Anthony E. Keaton
1588 Deborah Lane
Salem, Virginia 24153
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnreh Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone (5411)853-2541
Fax: (540)X53 -1145
E -mail rlerkarnannke ,.,
Reverend David A. Keaton
3730 Toledo Avenue N.
Minneapolis, Minnesota 55411
Gentlemen,
March 21, 2018
Mr. Stephen T. Keaton
1534 Deborah Lane
Salem, Virginia 24153
CECELIA F. k1CCOY
Deputy City Clerk
CECELIA T. NEBB, CIVIL
Assistant Deputy ON Clerk
Mr. Herman L. Word, Jr.
11830 Abners Ridge Drive
Knoxville, Tennessee 37394
I am enclosing ceremonial copies of Resolution No. 41084- 031918 memorializing the
late Reverend Dr. Joseph Arthur Keaton, a long -time Roanoke resident and Pastor of
the Central Baptist Church in Northwest Roanoke.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, March 19, 2018.
On behalf of the Mayor and Members of Council, I wish to extend to you and your family
the Council's sincerest condolences and its deepest regret and sorrow at the passing of
your father and recognize the impact he had on Roanoke and the Central Baptist
Church.
Sincerely,
Cecelia F. McCoy
Deputy City Clerk
Enclosure
lAov
Reverend Dr. Joseph A. Keaton
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19"' day of March, 2018.
No. 41084 - 031918.
A RESOLUTION memorializing the late Reverend Dr. Joseph Arthur
Keaton, a long -time Roanoke resident and Pastor of the Central Baptist Church in
Northwest Roanoke.
WHEREAS, Members of Council learned with sorrow of the passing of
Pastor Keaton on Sunday, March 11, 2018;
WHEREAS, Pastor Keaton was born in Kimball, West Virginia, on
February 1, 1938, to James Arthur and Emma Jane Keaton;
WHEREAS, Pastor Keaton was the 10il, of 12 children, who have all
preceded him in death;
WHEREAS, at the age of seven, Pastor Keaton moved to Roanoke with his
family, attended Roanoke City Public Schools, and graduated front Lucy Addison
High School in 1955;
WHEREAS, during his high school years, Pastor Keaton met the love of his
life, Mary Katherine Wade, and they were married in 1956;
WHEREAS, God blessed Pastor Keaton and his wife with three sons,
Anthony, Stephen, and David, as well as Herman Word, a frequent presence in the
lives of Pastor Keaton and his family who became an important part of Pastor
Keaton's family;
WHEREAS, in 1961, Pastor Keaton was drafted into the military service
where he served a tour of duty in Germany and was honorably discharged in 1963;
WHEREAS, at an early age, Pastor Keaton joined the Central Baptist
Church under the pastorate of his uncle, the late Dr. H. H. Wand;
WHEREAS, as a youth, the call to ministry was laid on Pastor Keaton's heart
and in 1970 he accepted that call into the gospel ministry;
WHEREAS, Pastor Keaton received a Certificate in Bible Studies and
Advanced Pastoral Theolugyfrom Shenandoah Bible College;
WHEREAS, the Colonial Baptist College conferred on Pastor Keaton a
Bachelor of Arts degree in Christian Education, and he later pursued biblical
studies at Hollins University;
WHEREAS, Pastor Keaton pastored his first church, the Indian Rock Baptist
Church in Buchanan, Virginia, for several years before he was called to pastor the
First Baptist Church of Hollins, where he served for 16 years;
WHEREAS, in 1987, Pastor Keaton was called to pastor the Central Baptist
Church in Northwest Roanoke;
WHEREAS, in March 2003, Pastor Keaton received an Honorary Doctorate
of Divinity Degree from the Richmond Theological Seminary in Richmond,
Virginia;
WHEREAS, Pastor Keaton was a much sought after preacher and teacher
for marry conventions, seminars, and conferences;
WHEREAS, Pastor Keaton's ministry evolved into teaching, counseling, and
mentoring his fellow ministers of the Gospel;
WHEREAS, in addition to his pastoral leadership and throughout his service
to God, Pastor Keaton served with distinction and committed faith in numerous
positions, including Moderator of the Valley Baptist Association, President of the
Baptist Ministers Conference of Roanoke - Salem- Vinton and Vicinities, and
instructor of Biblical Studies at Shenandoah Bible College, Colonial Bible College,
and Hollins (University;
WHEREAS, Pastor Keaton was a giant in statue and a gentle lamb in
demeanor, and blessed with a heart large enough to love and cherish his family and
their time together;
WHEREAS, Pastor Keaton served in love as a father figure to many, and he
will always be remembered for his exceptional and seemingly never- ending service
to his community;
WHEREAS, in 2017, after 30 years of a prosperous and rewarding pastorate,
Pastor Keaton retired with distinction as Pastor Emeritus of Central Baptist; and
WHEREAS, while Pastor Keaton's presence will be greatly missed, his
spiritual influence will be witnessed for years to come by the many lives Pastor
Keaton touched.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows;
1. City Council adopts this resolution as a means of recording its deepest
regret and sorrow at the passing of the Reverend Dr. Joseph Arthur Keaton,
extending to his family its sincerest condolences, and recognizing the indelible
legacy he left to Roanoke and his fellow citizens.
1. The City Clerk is directed to forward attested copies of this resolution to
Pastor Keaton's sons, Anthony Keaton and Stephen Keaton of Salem, Virginia, and
the Reverend David Keaton of Minneapolis, Minnesota; and Herman Word of
Roanoke, Virginia, like a member of Pastor Keaton' na �.
Sherman P. Lea, Sr.
Mayor
Attest;
Cecelia F.
Deputy City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fas: (540) 853 -1145
STEPHANIE M. MOOS REYNOLDS, NOIC FmA; derkgroanokecenoc
CECELIA F. MCCOY
Cit, Clerk
Depntp Cr, Clerk
CECELIA T. NN EBB, CMC
A,,i,tmt Depntp Citp Clerk
March 22, 2018
Reverend Jesse L. Bass
New Covenant Assembly of God
2922 King Street, N. E.
Roanoke, Virginia 24012
Dear Reverend Bass:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, March 19, 2018.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely,
�L�teta J, AL Cr
Cecelia F. McCoy
Deputy City Clerk
Off cc Up !fir,' 1411ttVO4
CITY" OC= � � ROANOKE
rotlafoation
GIRL. SCOUT WEEK
WHEREAS, March 12, 2018, marks the 106th Anniversary of Girl Scouts of the
USA, founded by Juliette Gordon Low in Savannah, Georgia;
WHEREAS, the year of 2018, marks the 55th Anniversary of Girl Scouts of
Virginia Skyline Council, chartered by Girl Scouts ofthe USA;
WHERRAS, through Girl Scouting, girls gain courage, confidence and
character that nuke their local vannamitios and the world a better
place;
WHEREAS, throughout its long and distinguished history, Girl Scouting has
Inspired millions of girls and wonen with the highest ideals of
character, conduct, andpan'iotism; and
WHEREAS, more than 2.6 million cut, cut Girl Seoul members nationwide will
be celebrating 106 years of this American tradition, with nearly 60
million women he are forrreer Girl Scouts and living proofaf the
impact of this ant -ing movement.
NOW, THEREFORE 1, Sherman P. Len, Sr., Mayor ofthe City of Roanoke,
Virginia, do hereby applaud the commitment Girl Scouting has nude to
America's girls mud proudly proclaim the week of March 11 -11, throughout this
great, seven -time All- America City as Giri Scout Week.
Given under our hands and the Seal ofthe City of Roanoke this nineteenth day
of March in the year live thousand and eighteen.
Sherrnnn P Lea, Sr
Mayor
ATTEST
Stephanie M. Moon Reyhoh(s
City Clerlc
C Q
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'v
Telephone: (5411)953 -2541
Fnx: (540) 951 -1145
STEPHANIE M. MOON REYNOLDS, MM(
E -final: clerk(nrovlokeve.9O4 ('E('ElJA F. MC('OY
('in ('lerk
Dep,Jy ('ill' 00 k
('F.CELIA T. AVE BB, ('M('
March 21, 2018 Assistant Depulp' Car Clerk
Sean Horne
Balzer and Associates, Inc.
1208 Corporate Circle, S. W.
Roanoke, Virginia 24018
Dear Mr. Horne:
I am enclosing copy of Ordinance No. 41085- 031918 rezoning certain property located
at 943 Industry Avenue, S. E., from 1 -1, Light Industrial District, to UF, Urban Flex
District, as set forth in the Zoning Amendment Original Application dated January 26,
2018.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, March 19 2018, and is in full force and effect upon its
passage.
Sincerely,
o meal
Cecelia F. McCoy
Deputy City Clerk
Enclosure
PC: Brent G. Cochran, Industry Drive Partners, LLC, P. O. Box 586, Roanoke, Virginia
24004
Industrial Development and Investment, 1912 9th Street, S. E., Roanoke, Virginia
24013
Hill -Bear, LLC, 2246 E. Ruritan Road, Roanoke, Virginia 24012
Boys & Girls Clubs of Roanoke Valley, 1714 9th Street, S. E., Roanoke, Virginia
24013
Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510
Sean Horne
March 21, 2018
Page 2
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director of Real Estate Assessment
Luke Pugh, City Engineer
Ian D. Shaw, Planning Commission Agent
Tina Carr, Secretary, City Planning Commission
IN'I'I Ilf CUI INCIL OI' 111E CITY OF ROANOKF, VIRGINIA
The 19th day of March, 2018.
No. 41085- 031918.
AN ORDINANCL' to rezone certain property located at 943 Industry Avenue,
S.E., from I - I, bight Industrial District to IIP, Urban Plea District; and dispensing with
the second reading of this ordinance by title.
WIILREAS, Brent G. Cochran, on behalf of Industry Drive Partners, LLC, has
made application to the Council of the City of Roanoke, Virginia ( "City Council "), to
have the property located at 943 Industry Avenue, S.E., hearing Official Tax Map No.
4 170 106, rezoned from I- I, Light Industrial District to UP, Urban Flex District;
WIIFRFAS, the City Planning Commission, alter giving proper notice to all
concerned as required by §362 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on March 19, 2018, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the suhjeet property, and for those reasons, is of the opinion that the hereinafter described
properly should be rezoned as herein provided,
I l II RITORF, BF I ORDAINFI) by the Council ofthe City of Roanoke that:
Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Ofllcial 'lax Map No. 4170106, located at 943
Industry Avenue, S.F., be and is hereby rezoned from 1 -1, Light Industrial District to UF,
Urban Flex District, as set forth in the 'Zoning Amendment Original Application dated
January 26, 2018.
2. Pursuant to the provisions of Section 13 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
O,J-- lv)t�
DeP{y City Cierk.
Rezone wIthant pmrfprs- 943 Induslp doe
STATEMENT OF CONFLICT OF INTEREST
I, Michelle L. Dykstra, state that I have a personal interest in Agenda Item
B -1 of the 7:00 p.m. Session of City Council on March 19, 2018, regarding the
Request of Industry Drive Partners, LLC, to rezone property located at 943
Industrial Avenue, S.E. (Subject Property), from I -1, Light Industrial District, to
UF, Urban Flex District, because my employer, Boys & Girls Clubs of Southwest
Virginia, Inc. has an interest in property that abuts the Subject Property.
Therefore, pursuant to Virginia Code Section 2.2 -3112, 1 must refrain from
participation in this matter. I ask that the City Clerk accept this statement and ask
that it be made a part of the minutes of this meeting.
Witness the following signature made this 19'h day of March, 2018.
t, 119 - '2� (Seal)
Michelle L. Dykstra, Council Member
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: Application by Industry Drive Partners, LLC, to rezone the property
located at 943 Industry Avenue, S.E., bearing Official Tax Map No.
4170106, from 1 -1, Light Industrial District, to UF, Urban Flex
District.
Recommendation
The Planning Commission held a public hearing on Monday, March 12, 2018.
By a vote of 6 - 0, with Commissioner Katz absent, the Commission
recommended approval of the rezoning request, finding that the Original
Application is consistent with the City's Comprehensive Plan,
Morningside/Kenwood /Riverdale Neighborhood Plan, City -Wide Brownfield
Redevelopment Plan, and Zoning Ordinance as the subject property will be
developed and used in a manner appropriate to the surrounding area.
Application Information
Request:
Rezoning
Purpose:
Redevelop existing structure as a mixed -use building
Owner:
Industry Drive Partners LLC
Applicant
same
Authorized Agent:
Sean Horne, Balzer and Associates, Inc.
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
943 Industry Avenue, S.E.
Official Tax No.:
4170106
Site Area:
2.34 acres
Existing Zoning
1 -1 , Light Industrial District
Proposed Zoning
UF, Urban Flex District
Existing Land Use:
Vacant buildin
Neighborhood
Plan /Other Plans:
Morningside/Kenwood /Riverdale Neighborhood Plan,
and City-Wide Brownfield Redevelopment Plan
Specified Future Land
Use:
Industrial / Potential for future mixed -use development
Filing Date:
Original Application: January 25, 2018
Background
The American Viscose plant was at one time the largest rayon textile mill in the
world. The facility was closed in the late 19SOs when its operations were combined
with the company's plant in Front Royal, Virginia. The Viscose property was bought
by a group that operates the facility as an industrial park and has over 40 tenants
leasing 1.1 million square feet of space.
The area is zoned 1 -1, Light Industrial. The original property has been subdivided
over time, including the subject property created in December 2017.
The applicant desires to have mixed use residential and commercial building that is
not permitted in 1 -1 and therefore seeks to rezone to UF, Urban Flex.
Considerations
The topography and physical development of the area physically separates this
property from the majority of 9` Street to the north as it sits in the bottom area
below the residential properties to the north and the Roanoke River to the south
The Citywide Brownfield Redevelopment Plan recommends support of redevelopment
opportunities as they arise, including mixed residential or commercial uses.
Surrounding Zoning and Land Use
ZONNG DISTRICT MAP
9431 T.. r.,.,AV.noaE
omaa n.
p... �.......�.,._.......
Compliance with the Zoning Ordinance:
The purpose of the OF District is to promote high- intensity, mixed -use
development that is economically viable, pedestrian- oriented, attractive and
harmonious, and contributes to the place- making character of the City. The
district is designed to provide new development and redevelopment
opportunities in the form of mixed use structures that offer a wide range of
complementary land uses. This special purpose district is intended to be
applied to underperforming urban industrial areas that have sufficient
infrastructure to support mixed use development. The district provides for a
mix of small scale industrial, commercial, institutional, and residential uses.
The future development of the property is subject to dimensional and
development standards of the ordinance. The property is also located within
the F, Floodplain Overlay District. As such, any development of the property
must meet the floodplain management standards of that district.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Vision 2001 -2020, Morningside/Kenwood /Riverdale Neighborhood Plan, and the
City -Wide Brownfield Redevelopment Plan encourage the redevelopment of
properties within the underutilized industrial areas throughout the City. This
area is comprised of industrial, commercial, and vacant properties, many of
which are within the floodplain. Relevant policies and action items in the
comprehensive plan include:
ED P5. Industrial development. Underutilized and vacant industrial sites
will be evaluated and redevelopment encouraged.
ED A18. Identify underutilized industrial sites and promote redevelopment
as part of Roanoke's economic development strategy.
Furthermore, the map of industrial development opportunities specifically
identifies the former Viscose facility as a development opportunity.
The Morningside/Kenwood /Riverdale Neighborhood Plan recognizes the need
for redevelopment for property within the plan area due to issues including
deteriorated structures and changing development patterns. Relevant policies
and action items in the neighborhood plan include:
Industrial Development
The former American Viscose plant was identified in Vision 2001-
2020 as an "underutilized industrial area" that is a future
development opportunity. The site has number of issues, most
notably, its location within the flood plain. In addition, the site
could have environmental contamination issues that would need to
be addressed before redevelopment could take place.
Community Design Policies
Medium- to high- density residential development: Residential
development such as townhouses and apartments should be
located in and near the village centers.
The City -Wide Brownfield Redevelopment Plan develops policy to encourage the
redevelopment /reuse of underused industrial property in the City. The plan
identifies nine priority areas with high levels of industrially zoned land. The
easternmost area along the Roanoke River, the Eastern Roanoke River Corridor,
includes the former Viscose facility.
The plan notes that
"the eastern river
corridor represents a
future opportunity for
development if and
when a shift in land
use demand occurs. If
the demand for
industrial space
continues to decrease
over time, the former
Viscose property and
other large tracts
could potentially be
reused for mixed
residential or
commercial uses with
Eastern Roanoke Rlver Corridor
IntlusV�al Zoning
additional open space
nausniai L3M USe
along the river."
The rezoning will allow the use of the property in a manner appropriate to the
surrounding area with a form reflecting the simple warehouse characteristics
appropriate to the area.
Public Comment Summary
None.
Planning Commission Work Session (February 9 2018):
The following items were discussed in the Planning Commission Work Session
and should be addressed for compliance with City policy and ordinances.
Verify signature of owner on application
Trip generation analysis required to assess whether the proposed
development will require Traffic Impact Study
EI
The Applicant confirmed the signatures and subsequently provided trip
generation data requested. Trip generation is at the threshold where a traffic
study may be required as part of the development review process.
Conclusions and Recommendations:
As previously noted, the property is part of an industrial, commercial, and
vacant property area that has been purposed for redevelopment for many years
The rezoning to OF will allow the redevelopment from industrial to a mixed -use
residential and commercial building while respecting the form of the existing
area. The proposed uses and form are appropriate for this transitional area as
it redevelops to a more mixed use area to the south of the village center along
91" Street and north of the Roanoke River.
Plannino Commission Public Hearina (March 12. 2018):
None.
Ja'fnes E. Smith, Chair i9nc-
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
Brent Cochran, Industry Drive Partners, LLC
Sean Horne, Balzer and Associates, Inc.
A) W
a
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. CITY OF ROANOKE
Roanoke, Virginia 24011 PLANNING BUILDING 6
Phone: (540)853.1730 Fax: (540)853-1230 DEVELOPMENT
Filing Dateaan 26, 2018 —� Submittal Number Original Application
x❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned UNI Development
❑ Establishment of Comprehensive Sign Overlay District
Click Flare to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Oveday District
Address: 1943 Industry Ave SE
011cial Tax No(s).: 170106
Existing ❑x Without Conditions Ordinance
Zoning: 11-1, Light lndustdal ❑With Conditions No(s).(11
❑ Planned Unit Development applicable):
Requested ❑x Without Condttlons Proposed
Zoning: UF, Urban Flex ❑Wdh Cond'igone Land Use MIXEDUSE- RESIDENTIAL
AND COMMERCIAL
❑ Planned Unit Development
Name. Industry Drive Partners, LLC Phone Number. +1(540)597{914
Addres POB x586 Roanoke, VA 24004 E -mail: brentgcochrarr@gmad.com
nal.vo..}so+.
Name: Phone Number.
Address: E -mail.
Name: Balzer and Assodates ,Inc. - Sean Horne Phone Number: +11540)772 -9580
Address: p i 8 Corporate 6rde, Roanoke, VA 24018 E -mail: shome4abatzeccc
SpM
r Completed application form and checklist.
r Written narrative explaining the reason for the request.
r Metes and bounds description, if applicable.
R Filing fee.
R Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
r Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as
F 'development plan' if proffered.
r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance .
I— Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Citys Zoning Ordinance.
Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
r if applicable.
r Written proffers to be amended. See the City's Guide to Proffered Conditions.
F Copy of previously adopted Ordinance.
F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
r A Traffic Impact Study in compliance with Appendix B -2(e) of the Citys Zoning Ordinance .
r Cover sheet.
F- impact analysis.
F Concept plan.
F- Proffered conditions, if applicable.
F- Required fee.
"An electronic copy of this application and checklist can be found at w . roanokeva .govlplanningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
gin Street— Tax Parcel # 4170106
ZONING AMENDMENT REQUEST NARRATIVE
Requested Rezoning and Development Proposal:
Industry Drive Partners, LLC (owner /applicant) is requesting to rezone Tax Parcel 4170106 from
I -1 Light Industrial to OF - Urban Flex to allow for a mixed use development that will include
approximately 60 -70 apartments along with potential commercial/business uses and associated
parking. The proposed development will be an adaptive reuse project. The upper 4 floors of the
existing building will be renovated and developed into apartments. The ground floor will be
developed into appropriate commercial space, parking area, or perhaps a combination of the
two. Where elevating the ground floor is possible, a few residential units may also be located on
the ground floor. The existing parking lots will be redeveloped and enhanced to accommodate
the proposed redevelopment. No significant exterior building modifications are proposed with
the development, other than reestablishing window openings that have been closed in over time.
Existing Conditions:
The subject property is 2.43 acres and consists of a vacant multistory industrial building and
dilapidated parking areas. The tower portion of the building is 5 stories and the total building
size is approximately 100,000 sf. The site is located within the 100 year flood plain of the
Roanoke River. The site is served by private water and sewer lines that run throughout the
existing industrial park.
Justification:
Over the past decade The City of Roanoke has seen numerous successful redevelopment and
adaptive reuse of many of its older buildings. Recently this industrial area along 9th street has
seen growing interest from developers and entrepreneurs because of the unique setting and the
variety of buildings it offers. This area and its existing buildings are prime candidates for
redevelopment and provide the opportunities for true mixed use space which is evident by
current improvements being made to the surrounding properties and the variety of uses being
proposed. The requested OF — Urban Flex zoning classification will allow for the apartment
uses which will bring a new infusion of residents to the area, as well as allow for appropriate
commercial and business uses to be developed that will further enhance the area and provide
opportunities for work, entertainment and services for the residents and surrounding community.
The site is located in the South Roanoke Historic Eligible District. As proposed, no significant
changes will be made to the exterior architectural character of the existing buildings, thereby
preserving the character of the existing structures. The site is also located in the Momingside
Neighborhood Planning Area. One of the high priority initiatives listed in the plan is to provide
comprehensive zoning changes, and the listed plan elements include addressing new housing
opportunities and quality of life opportunities. 'I he proposed project provides all of these things
for the Morningside area. The proposed zoning change will provide the opportunity for this
parcel to be developed with new housing opportunities, redevelop an underutilized area and over
time will provide for a better quality of life that will result from the property being once again
populated with permanent residents. This project is consistent with the goals and initiatives
outlined in the Vision 2001 -2020 Comprehensive Plan. In The City of Roanoke Vision 2001-
2020 plan identified the subject property as an Economic Development Opportunity and this
1Pagc
request certainly provides for new economic opportunities. These opportunities will not only be
for the developer, but also for future business owners as tenants in the new space. Also outlined
as a Strategic Initiative, the city identifies the need to redevelop underutilized Industrial Sites
which will be accomplished with this project.
Impacts:
The site is served by an existing network of streets that originally served a much more active
industrial plant, so traffic impacts are anticipated to be minimal. In addition, the redevelopment
resulting from this rezoning will in general be less intense than what could be currently allowed
by right. While the property is currently served by private water and sewer, the private lines
within the complex are fed by the Western Va. Water Authorities Public lines. Coordination with
the WVWA will continue to ensure adequate and appropriate service is provided for the
Property .
Development Standards:
The project will be developed in accordance with applicable regulations including, but not
limited to, City zoning and development regulations, building codes, and storm water
management regulations.
21Page
zm x'sw<uu - --
zLU...... LEGEND
IAIDVSTRYAVE, SE — R/W BARES
ONE
51659]OF 16902 — q
�
7 AS P I o
p aa[
,�
@ 339
=ar9
erzo-Aiv uc .
/911 ]NO2Ak✓6 SL
RC % 2,91
/ACRES
3.5623 /ACRES
m.r vMCCZ / •vacs
rirsvvc A,II s]oev
sear ell, .
11cA.
� �cr aeueLC monr
_. SL NEGSLMLM
�$ I GLW J99U
pPE � IXLW
XL,
A
k � � '.� �,i�-- rvzrrsz9w rszdn i
I —Pd' PPYIAL[ ill69
usw[ru
zcr+c 'u' rrASr. pacvuc6z
— rorrsvw Jour' mzu
or2mn
a -rJ m ra p ] cnr
L�Idm IJ J elL'
Yf T , V N LO
M J.
ur,
x60
E A I F I I I i
1 A
u
K
`
=-
CONON
"5
a
Ig,a�
w
zm x'sw<uu - --
zLU...... LEGEND
IAIDVSTRYAVE, SE — R/W BARES
ONE
51659]OF 16902 — q
�
7 AS P I o
p aa[
,�
@ 339
=ar9
erzo-Aiv uc .
/911 ]NO2Ak✓6 SL
RC % 2,91
/ACRES
3.5623 /ACRES
m.r vMCCZ / •vacs
rirsvvc A,II s]oev
sear ell, .
11cA.
� �cr aeueLC monr
_. SL NEGSLMLM
�$ I GLW J99U
pPE � IXLW
XL,
A
k � � '.� �,i�-- rvzrrsz9w rszdn i
I —Pd' PPYIAL[ ill69
usw[ru
zcr+c 'u' rrASr. pacvuc6z
— rorrsvw Jour' mzu
or2mn
a -rJ m ra p ] cnr
L�Idm IJ J elL'
Yf T , V N LO
M J.
ur,
x60
E A I F I I I i
r
u
K
`
=-
CONON
"5
w
a
�I
a
a
IN
MLN /SGfr
O
r
u
`
=-
CONON
I OF
OF OF
OF
rteac—E, h m
F-FF -000-
OF
a p��a eav�Mrnrtu wiv /ml M'o r�r�xm e�x
wws
dt� v
�rc � wean onm ow �s� as M inirnir. �a5 ♦`rmm`rx
me P�NRGINV
iA �1- m", I •� — mmM 1 m wr w
_zlnlmn
121
asW. OFFXX �x xrz,.EmmO muw, OF ® A°'
"'* rrzt
OF
1. FFF
"'Dh',"`� °mm� orz° "QTR R, - aa.
min
K�ar4
OF
ILL BGfl, rw
LLC os
JWED LL ILN COMPMY
*�Wi`lesm�) r v ana�m
Q ctf
i
i
�¢�Sd-
1ADUSNY AK. SE R/W YAflES
i
mow°
erz wT
g
i
_•+.
MCT M
M4CT 292
Y
35629AQ?fS
o
2340 ACRES
AL
me P�NRGINV
iA �1- m", I •� — mmM 1 m wr w
_zlnlmn
121
asW. OFFXX �x xrz,.EmmO muw, OF ® A°'
"'* rrzt
OF
1. FFF
"'Dh',"`� °mm� orz° "QTR R, - aa.
min
K�ar4
OF
ILL BGfl, rw
LLC os
JWED LL ILN COMPMY
*�Wi`lesm�) r v ana�m
Q ctf
i
i
�¢�Sd-
LR�d'I�F3S
i
me P�NRGINV
iA �1- m", I •� — mmM 1 m wr w
_zlnlmn
121
asW. OFFXX �x xrz,.EmmO muw, OF ® A°'
"'* rrzt
OF
1. FFF
"'Dh',"`� °mm� orz° "QTR R, - aa.
min
K�ar4
OF
ILL BGfl, rw
LLC os
JWED LL ILN COMPMY
*�Wi`lesm�) r v ana�m
ZONING DISTRICT MAP
943 Industry Avenue SE
Official Tax Parcels: 4170106
®Area to be Rezoned
Zoning
AD Airport Dev
CG: Commercial - General
- CLS: Commercial -Large Site
CIA Commercial - Neighborhood
_ D: Downtown
1 -1 Light Industrial
1 -2. Heavy Industrial
IN InvrHr onal
INPUD. Institutional Planned Urd Dev
IPUD. hdushial Plarned UnitDcv
MX Mixed Use
MXPDD_ Mixed Joe Planned Unit Dev
R -12'. Res Single - Family
R -3 Res Single gamily
R5'. Res Single - Family
R -]- Res Single - Family
RA Res Agricultural
RM -1. Res Mixetl Density
RM -2. Res Mixed Density
RMF' Res MWtIIam Is
NOS '. Recreation and Open Space
- UF. Urban Flex
r Conditional Zenleg
u_
0 200 400 Feet
EAD
AVE
w
o
o
z
y
-�
�Mn.�
2 t-
y INDUgrRy AVE
S
H
m
&,x-6
/q O
Lr
ry WpH NID
WKi:GiiLL:l1 F W Ip`'4�
C W
U F-
C[
�� Jw
9
9L
F
4pE Rp��E
� I
A� y
tni,k P o we
I' I p v f\
Adjoining Property Owners for 943 Industry Avenue, S.E. (Official Tax Map No. 4170106)
TAXID
MailAddress
MailCity
State
MailZip
LocalAddress
LocalCity
LocalZip
Ownerl
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVE LOPM ENT AN D I NVESTM EN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPM ENT AN D I NVESTM EN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPM ENT AN D I NVESTM EN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
124013
INDUSTRIAL DEVELOPM E NT AN D I NVESTM EN
417010111912
9TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENTAND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
417010119129TH
ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
I NDUSTRIAL DEVELOPME NT AN D INVESTM EN
4170101
1912 9TH ST SE
ROANOKE
VA
24013
1912 SETH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
1912 SETH ST SE
ROANOKE
VA
24013
1912 9TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
IVA
24013
11912 9TH ST SE
ROANOKE
124013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
417010111912
9TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170101
19129TH ST SE
ROANOKE
VA
24013
19129TH ST SE
ROANOKE
24013
INDUSTRIAL DEVELOPMENT AND INVESTMEN
4170105
2246 E RURITAN
ROANOKE
VA
24012
941 INDUSTRY AVE SE
ROANOKE
24013
HILL -BEAR LLC
4170106
PO BOX 586
ROANOKE
VA
24004
943 INDUSTRY AVE SE
ROANOKE
24013
INDUSTRY DRIVE PARTNERS LLC
4240101
1714 9TH ST SE
ROANOKE
VA
24013
1714 9TH ST SE
ROANOKE
24013
BOYS & GIRLS CLUBS OF ROANOKE VALLEY
4240102
PO BOX 1451
ROANOKE
VA
24007
0 MORGAN AV SE
ROANOKE
CITY OF ROANOKE
9999999
THREE COMMERCIAL PL
NORFOLK
VA
23510
NORFOLK SOUTHERN RAILROAD
9999999
THREE COMMERCIAL PL
INORFOLK
IVA
123510
1
1
1
INORFOLK SOUTHERN RAILROAD
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
(IT V OF ROANOKE - PDV
Ali, Tina Carr
S I EPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
Account Number
6011439
Data
March 06, 2016
Dale
Category
Description
Ad Size
Total Cost
03/1212018
Trustee Sales
PUBLIC HEARING NOTICE
Any public hearings advertised h,
1 x 100 L
982.00
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
02127, 03108/2018
The First insertion being given ... 02127/2018
Newspaper reference: 000070-807
r
Billing Representative
Sworn to and subscribed before me this Tuesday, March 6, 2018
�l -n --,7., l_ /
/ Notary Pu c / / "P,. N't"CIVP
I v P.'
State of Virginia z A- 'NOIARY
PUBLIC : -, 3
City/County of Roanoke' z/� q = * HEG..332s64 ? ;4
My Commission expires 0 _ UY COMASSSION
E PIE'
I IT ID NUI A MILL. I'LC/iDC r/ir rMUM IN VUw C. t N1nn I UU
PUBLIC HEARING NOTICE
Any public hearings ndvoNlmtl human
will be held in the City Council
ChnmbCn fourth floor, Room 450, Noel
C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke,
Virginia. Any applications will be
available for review m the Planning,
Building, & Development oRCe, f
firm,. Room 166, 215 Church Avenue,
SAN,, Roanoke, Virginia.
The City of Romoke Planning
Commission will hold public hearings
on March 12, 2018, at 1:30 p.m., or as
on thereafter as the matters may he
heard, to considler these applications:
the property for industrial
internal far future mixed
vial uses with
open spaces along the river.
Tina M. Carr Secretary, City Planning
Commission
City Car l will hold public hearings
on the aforesaid applications on March
19, 2010, at AW p.m., or as soon
thereafter as the Past may be
heard.
Any person with a disability requiring
Any spinal accommodation to allerel
or participate in the hearings shard
contact the Cily Clerk's office at (Slob
8532591 at least five days prior o the
scheduled hearings.
Slephanie M. Moon Revealtls, MMq
City Clerk
The City of Roanoke Board of real
Appeals will hold a public hearing oa
March If 2018, at 1:00 p. m., or as soon
thereafter as the matter may be heard.
to residue this appllmoion:
Applica0on by Sarah nuthbcrtson for
property located at 1925 Alan Read
5 W. bearing Optical Tay Map No
1441616, zoned R -T, Residential Single
family District, for A second cyceplioo
Pmsuanl to Sectirn 3fi2311, Zoning,
got of the City of Remake (1979). as
amended to establish A hrmeslay.
Donna M. Payne, Scr etary. City Board
of Zoning Appeals
pOt6i
'19 MAR- 9 PM 4 :16
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 March 12, 2018, at
1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications:
Application by Industry Drive Partners, LLC, to rezone the property located at 943 Industry
Avenue, S.E., bearing Official Tax Map No. 4170106, from I -1, Light Industrial District, to UF,
Urban Flex District. The land use categories permitted in OF include residential;
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 or floor area ratio specified. The
comprehensive plan designates the property for industrial use with potential for future mixed
residential or commercial uses with additional open spaces along the river.
Application by the City of Roanoke to rezone properties located at 2320, 2402, and 2410 Mason
Mill Road, N.E., bearing Official Tax Map Nos. 7170504, 7170505, and 7170509, respectively,
from R -5, Residential Single - Family District, to I -1, Light Industrial District The land use
categories permitted in I -1 include commercial; industrial; warehousing and distribution;
assembly and entertainment; public, institutional and community; transportation; utility;
agricultural; and accessory, with a maximum floor area ratio of 2.0. The comprehensive plan
designates the property for single - family, high density use.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on March 19, 2018, at 7:00
p.m., or as soon thereafter 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 a public hearing on March 14, 2018,
at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider this application:
Application by Sarah Cuthbertson for property located at 1925 Avon Road, S.W., bearing
Official Tax Map No. 1441616, zoned R -7, 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.
Donna M. Payne, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, February 27, 2018, and Tuesday, March 6, 2018.
Please bill and send affidavit of publication to
Tina M. Carr
Secretary to the Planning Commission
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@roanokeva.g_ov
Donna M. Payne
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
donna.payneA,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
w
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cluu'ch Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'1'clvnkonc: (540)653 -E541
Pnx: (540)ft5J -1145
fi'I'1;1'IIAN11 <M. MC3(3N Itll1'NO1DF,MMC' �-���''ail: rlerkC o'oanukevn.guv
(iry ('Ivrk C'ECEI,IA F. MCC'(lY
DIP1113' Cill C'Irrk
March 6, 2018 crsCEI.IA T. Wens, CMC
A,,ielmD D11111Y City Clerk
Sean Horne
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
A public hearing has been advertised to be heard by the City planning Commission
on Monday, March 12, 2018 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
Industry Drive Partners, LLC to rezone the property located at 943 Industry Avenue,
S.E. from Light Industrial District to Urban Flex District. (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
Chamber, pending formal action
on Monday, March 19 at 7:00 p.m. before the Roanoke City Council , in the Council
by the City Planning Commission which may be
viewed on the City's webpage, www.roanokeya.gov under "Roanoke Planning
Commission News ", following its meeting on March 12. ,
It 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 0
City Clerk
Enclosure
Pc: Brent G. Cochran, Industry Drive Partners, LLC, P. O. Box 586, Roanoke, Virginia
24004
CITY OF ROANOKE
OFFICE Or'I'llE CITY CLERK
_ ..,•w -. 215 ('hurrh Avenue, N. W., Run Ili 456
p� Rnminke, Vi"ginia 24011 -1536
'fdephnnr: (5410) 85) -2541
IOI.v: (541) NS4 -1145
5111 NIANIJ, M. MOON 141, YN(IID9, MM( L- nulll: rlal' kill ron nakven.8av
I'lark ( U IU.IA p. M('('UV
Depwp' lily ('lark
March 6, 2018 CF.('BI.IA T. %VKHi,I'M('
Assisautl Depuh' ( lV Clerk
Hill -Bear, LLC
Boys & Girls Clubs of Roanoke Valley
Norfolk Southern Railroad
Industrial Development and Investment
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, March 12, 2018 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
Industry Drive Partners, LLC to rezone the property located at 943 Industry Avenue,
S.E. from Light Industrial District to Urban Flex District. (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, March 19 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 goy, under "Roanoke Planning
Commission News ", following its meeting on March 12.
This letter is provided for your information as an interested party and /or adjoining
Property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
OF "a
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
-
Roanoke, Virginia 24011 -1536
T<Icphone: (541)853 -2541
Ezc (54D)853 -1145
STEPHANIE M. MOON REYNOLDS, MM('
E'mPll: derkGnrpnonkevn....
CF.CELIA F MCCOV
Ci,y (lurk
Dcpnfy 0(v 0(v Clerk rk
CECELIA'r. W EBB, CM(
March 21, 2018
Assisloim Depmy City Clerk
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am attaching copy of Ordinance No. 41086 - 031918 rezoning certain properties located
at 2320 Mason Mill Road, N. E., 2402 Mason Mill Road, N. E., and 2410 Mason Mill
Road, N. E., from R -5, Residential Single - Family District, to 1 -1, Light Industrial District,
as set forth in the Zoning Amendment Original Application dated December 27. 2017.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, March 19 2018, and is in full force and effect upon its
passage.
Sincerely,
Cecelia F. McCoy
Deputy City Clerk
Enclosure
pc: Jaime L. Gianni, 6539 Fairway View Trail, Roanoke, Virginia 24018
Robert D. Arthur, 2300 Mason Mill Road, N. E., Roanoke, Virginia 24012
Derek D. and Cristy S. Blakman, 2401 Mason Mill Road, N. E., Roanoke, Virginia
24012
Gary L. Kessler, 2409 Mason Mill Road, N. E., Roanoke, Virginia 24012
Katherine Poole Bryant, 2415 Mason Mill Road, N. E., Roanoke, Virginia 24012
Robert Michael Callahan and Debbie Mar Callahan, 2310 Mason Mill Road,
N. E., Roanoke, Virginia 24012
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director of Real Estate Assessment
Luke Pugh, City Engineer
Ian D. Shaw, Planning Commission Agent
Tina Carr, Secretary, City Planning Commission
IN'IHE COUNCIL, OF TILE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2018.
No. 41086 - 031918.
AN ORDINANCE to rezone certain properties located at 2320 Mason Mill Road,
N.F., 2402 Mason Mill Road, N.E., and 2410 Mason Mill Road, N.E., from R -5,
Residential Single - Family District, to I -I, Light Industrial District; and dispensing with
the second reading of this ordinance by title.
WHEREAS, the City of Roanoke has made application to the Council of the City
of Roanoke, Virginia ( "City Council "), to have the properties located at 2320 Mason Mill
Road, N.E., 2402 Mason Mill Road, N.F,., and 2410 Mason Mill Road, N.E., bearing
Official Tax Map Nos. 7170504, 7170505, and 7170509, respectively, rezoned from R -5,
Residential Single- Fantily District, to I -1, Light Industrial District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on March 19, 2018, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity. convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and foi those reasons, is of the opinion that the hereinafter desciihed
property should be rexoncd as herein provided.
TI [FRITORE, BF IT ORDAINED by the Council of the City of Roauoke that:
Section 36.2 -100, Code of the Cily of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map Nos, 7170504, 7170505, and
7170509, located at 2320 Mason Mill Road, N.E., 2402 Mascot Mill Road, N.E., and
2410 Mason Mill Road, N.E., respectively, be and is hereby rezoned from R -5,
Residential Single - Family District, to 1 -1, Light Industrial District, as set forth in the
Zoning Amendment Original Application dated December 27, 2017.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTI3ST:
fiepwFtt City Clerk.
Rezone wi,hom pmf[us -meson 11,111 d.,
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: Application by the City of Roanoke to rezone properties located at
2320, 2402, and 2410 Mason Mill Road, N.E., bearing Official Tax
Map Nos. 71 70504, 7170505, and 7170509, respectively, from R-
5, Residential Single- Family District, to 1 -1 , Light Industrial District.
Recommendation
The Planning Commission held a public hearing on Monday, March 12, 2018. By
a vote of 6 - 0, with Commissioner Katz absent, the Commission recommended
approval of the rezoning request, finding that the request by the City of Roanoke
is consistent with the City's Comprehensive Plan, Hollins /Wildwood Area Plan,
and Zoning Ordinance as the subject property will be developed in a manner
appropriate to the surrounding area.
Application Information
Request:
Rezonin
Purpose:
Develop afood and beverage manufacturing facility
Owner:
City of Roanoke
Applicant:
City of Roanoke Planning Commission
Authorized Agent:
Ian D. Shaw City of Roanoke
City Staff Person:
Katharine Cray, Land Use and Urban Design Planner
Site Address Location:
2320 2402 and 2410 Mason Mill Road N.E.
Official Tax Nos.:
7170504 71 70505, and 7170509 respectively
Site Area:
Approximately 3.2827 acres
Existin Zonin :
R -5, Residential Single-Family District
Proposed Zoning:
1 -1, Light Industrial District
Existing Land Use
Single-family residential dwelling and vacant
Neighborhood Plan:
Hollins /Wildwood Area Plan
Specified Future Land
Use:
Single- family, high density use
Filing Date:
Original Application: December 27, 2018
Background
The use of the property in this portion of the City of Roanoke has long been
one of a mixture of industrial and residential uses. The area once had a large
five -story roller and saw mill, last known as Mason's Mill, which served as an
industrial service and gathering spot from the early 1800's until it burned in
1924. A number of mill worker houses built in the early 1900's still surround
the area.
In 1989, several parcels of land were rezoned from RS -3, Residential Single
Family District, and RA, Residential Agricultural District, to LM, Light
Manufacturing District, with conditions. The purpose of the rezoning was to
expand the Roanoke Centre for Industry and Technology to accommodate
future industrial development. A portion of that land, identified as Official Tax
No. 7230101, was rezoned in 2016 from 1 -1 , Light Industrial District, with
conditions, and ROS, Recreation and Open Space District, to 1 -1 , without
conditions, in an effort to prepare the site for development by a food and
beverage manufacturer, Deschutes Brewery.
As part of the overall development of the site for the beverage manufacturing
facility, the City of Roanoke is requesting that the abutting residential
properties that it owns be rezoned to match the 1 -1 District before being
combined with Official Tax No. 7230101.
Considerations
The subject properties were acquired by the City of Roanoke in 2016 and 2017 to
be assembled with the larger adjacent property for the beverage manufacturing
facility. This action will result in an approximately 52.7 acre site to the north of
Mason Mill Road.
Surrounding Zoning and Land Use:
ZONING DISTRICT MAP
=,24',ena2410
Muon MITI PoaE NE
OTCItl Tea Parcelnai]OEM,
It I0E06,aM 111, rovpectivey
SR�. �........ o._,.
.. :..........e....
SS c —
Ak.. emn.....
1W3 �:.........a
7,xr xe..ew.e re.... uuc..
ago
Compliance with the Zoning Ordinance:
n-
illl-
IBM
The purpose of the 1 -1 District is to provide for a range of wholesale,
warehousing, distribution, storage, repair and service, assembly or processing,
fabrication or manufacturing, accessory commercial and office uses, intensive
commercial uses, and other types of uses such as flex space. The regulations of
the 1 -1 District are intended to mitigate conflict between adjacent uses within
the district and to protect neighboring nonindustrial districts and uses.
The change from R -5 to 1 -1 does not remove any of the development standards
within the zoning ordinance that protect residential zoning districts adjacent to
the property.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan identify the need
for development of existing industrial properties within existing industrial
zoning districts. Rezoning and combining these three adjoining properties with
the larger industrial zoned property to the north would allow for the industrial
property to be developed more fully without completely changing the character
of the neighborhood to the south.
3
Relevant Vision 2001 -2020 policies
ED P5. Industrial development. Underutilized and vacant industrial sites will be
evaluated and redevelopment encouraged.
Relevant Hollins /Wildwood Area Plan Policies:
Economic Development Policies
Industrial Districts: Industrial uses should have sufficient land to operate, and
have a minimal impact on adjoining properties.
Public Comment Summary
An adjoining property owner contacted the City with a concern on traffic levels
and proposed use of the property. The proposed use and traffic patterns were
conveyed with no further comment.
Planning Commission Work Session (February 9 2018):
The item was discussed in the Planning Commission Work Session for compliance
with City policy and ordinances. No substantive comments resulted from the review
of the proposed rezoning.
Conclusions and Recommendations:
The principal consideration is whether the proposed zoning amendment is
consistent with Vision 2001 -2020 and the Hollins /Wildwood Area Plan. The
proposed zoning amendment creates a buffer by separating the planned
industrial use from residential uses on the opposite side of Mason Mill Road
rather than backing directly to the current residential lots. The proposed
change will allow a large parcel to be used for industrial development in an
undeveloped portion of the City's largest industrial /business park. Staff
recommends approval of the application.
Planning Commission Public Hearing (March 12. 2018):
None.
/{h ✓_
James E. Smith, 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
ru.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone. (540) 853-1730 Fax: (540) 853 -1230
Date: IDecember 27, 2017
Rpslulut_0~ dl_tllst-111pp10
Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
Submittal Number (Original Application
w ,
ROANOKE
Click Here to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Propad wattawa m
Address: 2320 Mason Mill Road, N.E.; 2402 Mason Mill Road, N.E.; and 2410 Mason Mill Road, N.E.
Official Tax No(S).: 17170504, 7170505, and 7170509,
❑ With Conditions
Existing Base Zoning:
(If multiple zones, please manually enter all districts,)
R -5, Residential Single- Family
Without Conditions
Ordinance No(s). for Existing Conditions (if appllcable):
[I With Conditions proposed
Requested Zoning: -1, Light Industrial ❑x Without Conditions Land Use
P Pamit Qwrw
_ligamtmum.
Phone Number:
Name:
iCity of Roanoke
Address:
215 Church Avenue, S.W., Roanoke, VA 24011
E -Mail:
77
2), I,J �, ) /Z7
,
Property Owner's Signature.
Ap tJdQmuH9n (H.dltl� rant from Q1AmV]I
Name',
City of Roanoke Planning Commission
Phone Number.
Address:
215 Church Avenue, S.W., Roanoke, VA 24011
E -Mail:
xptov�t /
Applicant's Signature: 1 �L+w
AutherL+� Agent lntdmatimlnt matim (p Sneilublral:
Phone Number:
Name:
Ian D. Shaw, Agent to Planning Commission
Address, 215 Church Aven , S.W., Roanoke, VA 24011
E -Mail:
Authorized Agent's Signature:
Aftim ow
The following must be submitted for all applications. ROA N O K E
r Completed application form and checklist,
x Written narrative explaining the reason for the request.
I Metes and bounds description, if applicable.
:7 Filing fee.
For a atoning not otherwise listed, the following must also be submitted:
r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For a conditional remotep, the lbill must also be submitted:
r Written proffers. See the Citys Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
F-
'development plan' if proffered.
For a planned Ludt developrnnt, the following must also be submitted:
7 Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance .
For a comprehensive sign overiay district, the following must be submitted:
F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance .
For an amendment of proffered conditions. the following must also be submitted:
Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
r t applicable.
i Written proffers to be amended. See the City s Guide to Proffered Conditions.
r Copy of previously adopted Ordinance.
For a planned unit development armmdmant, the following must also be submitted:
r Amended development plan meeting the requirements of Section 36.2.326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
For a comprehensive sips ovariay, amendment, the followpnp must also be submitted:
r- Amended comprehensive signage plan meeting the requirements of Section 36.2336(d) of the Ci ys Zoning Ordinance.
r Copy of previously adopted Ordinance.
For a proposal that requires a traft Impact study be submitted to the City, the folio imp must also be submitted:
r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposal that requires a traffic Impact anall be submitted to VDOT, the following must also be submitted:
r- Coversheet.
F- Traffic impact analysis,
F- Concept plan,
r Proffered conditions, if applicable.
r Required fee.
"An electronic copy of this application and checklist can be found at www,roanokeva,gov /pbd by selecting'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
Zoning Amendment Application
Narrative
2320 Mason Mill Road, N.E.; 2402 Mason Mill Road, N.E.; and 2410 Mason Mill Road, N.E.
Official Tax Nos. 7170504, 7170505, and 7170509, respectively.
Three lots have been acquired by the City of Roanoke. The intent is to combine them
with a larger parcel, 2002 Blue Hills Drive, N.E., Official Tax No. 7230301, for the purpose of
providing additional developable land for proposed industrial development. We are proposing
that this property be rezoned to 1 -1, Light Industrial (no conditions).
ZONING DISTRICT MAP
2320, 2402, and 2410
Mason Mill Road NE
Official Tax Parcels: 7170504,
7170505, and 7170509, respectively
®Area to be Rezoned
Zoning
AD: Airport Dev
.. CG: Commercial-General
- °. CLS: Commercial-large Site
DIN Commercial-Neignbornood
._ D: Dovmt.o
1-1'. OUn Industnal
I-2: Heavy Industrial
_ IN:1 tit Clonal
INPUD: Institutional Planned Unit Dev
IPUD', Industrial Planned Unit Des
MX: Mixed Use
O MXPUD: Mixed Use Planned Unit Dev
R -12: Res Single - Family
R3: Res Single-Famiy
R -5. Res Single -Famiy
R -7: Res Single -Famiy
RA: Res - Agricultural
RM -1: Res Mixed Density
RM-2: Res Mixed Densely
RMF Res Metlifamily
ROS: Recreation and Open Space
- OF: Urban Flex
r r Conditional Zoni
n9
N
0 200 400 Feet W +E
S
RA:
Res - Agricultural
N
A
ti
s
MpNN`NO NO
HOWARD AVE
_a
.a.w
a
R`1 �1NOA AV Et
i
x5
Adjoining Property Owners for 2320, 2402, and 2410 Mason Mill Road, N.E. (Official Tax Map Nos. 7170504, 7170505, and 7170509, respectively)
TAXID
MailAddress
MailCity
State
MailZip
LocalAddress
LocalCity
Zip
Ownerl
7170101
6539 FAIRWAY VIEW TRL
ROANOKE
VA
24018
2303 MASON MILL RD NE
ROANOKE
24012
GIANNI JAIME L
7170102
2300 MASON MILL RD NE
ROANOKE
VA
24012
2317 MASON MILL RD NE
ROANOKE
24012
ARTHUR ROBERT D
7170103
2401 MASON MILL RD NE
ROANOKE
VA
24012
2401 MASON MILL RD NE
ROANOKE
24012
BLAKMAN DEREK D & CRISTY S
7170104
2407 MASON MILL RD NE
ROANOKE
VA
24012
2407 MASON MILL RD NE
ROANOKE
24012
ARTHUR ROBERT D
7170106
2409 MASON MILL RD NE
ROANOKE
VA
24012
2409 MASON MILL RD NE
ROANOKE
24012
KESSLER GARY L
7170107
2415 MASON MILL RD NE
ROANOKE
VA
24012
2415 MASON MILL RD NE
ROANOKE
24012
BRYANT KATHERINE POOLE
7170502
2310 MASON MILL RD NE
ROANOKE
VA
24012
2310 MASON MILL RD NE
ROANOKE
24012
CALLAHAN ROBERT MICHAEL & DEBBIE MAR
7170503
2310 MASON MILL RD NE
ROANOKE
IVA
124012
10 MASON MILL RD NE
ROANOKE
CALLAHAN ROBERT MICHAEL & DEBBIE MAR
7170504
PO BOX 1451
ROANOKE
lyA
24007
2320 MASON MILL RD NE
ROANOKE
CITYOF ROANOKE VIRGINIA
7170505
PO BOX 1451
ROANOKE
VA
24007
2402 MASON MILL RD NE
ROANOKE
24012
CITY OF ROANOKE VIRGINIA
7170509
PO BOX 1451
ROANOKE
VA
24007
2410 MASON MILL RD NE
ROANOKE
24012
CITY OF ROANOKE VIRGINIA
7230101
PO BOX 1451
ROANOKE
VA
24007
2002 BLUE HILLS DR NE
ROANOKE
24012
CITY OF ROANOKE VA
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - POV
Ann Tina Garr
STEPHANIE MOON. CITY CLERK
215 CHURCH AVE, SW. SUITE 456
ROANOKE, VA 24011
Account Number
6011439
Date
March 06, 2010
Oa1e Category Description Ad Size Total Cost
03112/2018 Trustee Sales PUBLIC HEARING NOTICE Any public hearings advertised h 1 x 100 L 982.00
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
02127 03/06/2016
The First insertion being given ... 02/27/2018
Newspaper reference: o00W0 em
r
Billing Representative
Sworn to and subscribed before me this Tuesday, March 6, 2018
i--A ---,r ., '- _ /
t,M10ENA, '''
No ary Pu is ....,,.c�'.,
NOTARY%
State of Virginia _ ti,' PUBLIC
City /County of Roanoke O G _ * REG. %32c64
My Commission expire / MYCOMMIS°IO;d
E PIR
SZS'
PUBLIC HEARING NOTICE
Any public bead,,, advertised betel¢
will be held in the City Council
Chamber, fourth floor, Room
The City of Roanoke Board of Zoning
C, Building 215
Municipal BuiltllRo 2e,
ApPpals will hold a public hearing on
Church
Church AVenuea SW., Roanoke, e,
March 14, 2018, at1 Oe p.m., or as soon
III be
Any prpliin
thereafter as the matter may be heard
available Vie the
unable for re in the Planning,
to consider this application:
& first
215
final, Rome 166, Ch ch Avenue
Room 166, 215 Church Avenue,
Anticancer by Samh CuNbetlson for
S.W.,
S.W., Roanoke, Virginia.
property located at 1925 Avon Road,
S.W., bearing Official Map N0.
The Clry of Roanoke Planning
7, R den
WL Residential
public hearings
v01
Family District, special exception
to
on March 12, 2018, at matersc or as
,at
Section n Zoning, 311
purse t (0 if Zoning,
o be
aches(
CRYpf Reaches as
Code oft City
,to softer rthesmattersmay
heard. to consider these applications:
amentletl. io establlsM1 aM1Omestay.
amended, to
Application by Industry Brive Partners,
Donna M. Payne, Secretary , City Beard
LLC, to rezone the property located at
of Zoning Appeals
943 Indoor, Avenue, 5.E., hearing
Official Tax Map N0. 4120106, from 11,
(707807)
Light Industrial District, t0 UF, Urban
Flex Diluted. The limit use Categories
permitted In OF include resichnliali
accommodations and group living',
commercial; i0tlushial; wareheming
and distributi0n: assembly and
specified The comprehensive plan
designates the property for industrial
rrwith potential for future mixed
esidential o commercial u with
additional open spaces along the river.
Application by the City of Roanoke to
agrunity; transportation tunny:
icultural; and accessory, with a
m floor area ratio Of 2.0. The
Omprehensive plan designates the
property for single family, high density
Tina M. Carp Secretary, City Planning
commission
City dea l will hold public hearings
on the aforesaid applications an March
19, 2010, at 2:00 p.m., or as soon
thereafter as the matters maybe
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
18 MAR- 9 as 4 :16
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 March 12, 2018, at
1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications:
Application by Industry Drive Partners, LLC, to rezone the property located at 943 Industry
Avenue, S.E., bearing Official Tax Map No. 4170106, from I -1, Light Industrial District, to UF,
Urban Flex District. The land use categories permitted in OF include residential;
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 or floor area ratio specified. The
comprehensive plan designates the property for industrial use with potential for future mixed
residential or commercial uses with additional open spaces along the river.
Application by the City of Roanoke to rezone properties located at 2320, 2402, and 2410 Mason
Mill Road, N.E., bearing Official Tax Map Nos. 7170504, 7170505, and 7170509, respectively,
from R -5, Residential Single- Family District, to I -1, Light Industrial District. The land use
categories permitted in I -1 include commercial; industrial; warehousing and distribution;
assembly and entertainment; public, institutional and community; transportation; utility;
agricultural; and accessory, with a maximum floor area ratio of 2.0. The comprehensive plan
designates the property for single - family, high density use.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on March 19, 2018, at 7:00
p.m., or as soon thereafter 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 a public hearing on March 14, 2018,
at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider this application:
Application by Sarah Cuthbertson for property located at 1925 Avon Road, S.W., bearing
Official Tax Map No. 1441616, zoned R -7, 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.
Donna M. Payne, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, February 27, 2018, and Tuesday, March 6, 2018.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
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 s roanokeva.eov
Donna M. Payne
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
donna.payneCni,roanokeva.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
Jaime L. Gianni Gary L. Kessler
Robert D. Arthur Katherine Poole Bryant
Derek D. and Cristy S. Blakman Robert Michael Callahan
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, March 12, 2018 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 rezone properties located at 2320, 2402, and 2410 Mason Mill Road,
N.E., respectively, from Residential Single- Family District to Light Industrial District.
(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, March 19 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 aov, under "Roanoke Planning
Commission News', following its meeting on March 12.
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
Once at (540) 853 -2541,
Sincerely,
Stephanie M. Moon Re Ids, l
City Clerk
Enclosure
CYFV OF ROANOKE
OFFICE OF THE CITY CLERK
.., 1,.
215 Church Avenue, s. W" 1611111456
Rmmokr, Virginin 241111 -1596
l'eirpl,nne: 15J11)NX3 -E541
tiIT:I'IlANl6: M. MOON 126:VNOIJIS. MM('
Fur. (3J11)X5.1.11J5
14nmil: elrrkpnn,nn ^kevu.l„v
1'iq Ilr,k
('8(TUA F. M('('DV
Depul,, f'i'll( lock
March 6, 2018
('F('GIAA T. NVERR, ('M('
Amlvinnl Dep,,, ('it, ('1111,
Jaime L. Gianni Gary L. Kessler
Robert D. Arthur Katherine Poole Bryant
Derek D. and Cristy S. Blakman Robert Michael Callahan
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, March 12, 2018 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 rezone properties located at 2320, 2402, and 2410 Mason Mill Road,
N.E., respectively, from Residential Single- Family District to Light Industrial District.
(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, March 19 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 aov, under "Roanoke Planning
Commission News', following its meeting on March 12.
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
Once at (540) 853 -2541,
Sincerely,
Stephanie M. Moon Re Ids, l
City Clerk
Enclosure
Mr. Neil Aneja
1138 Montrose Avenue, N. W.
Roanoke, Virginia 24013
Dear Mr. Aneja:
Your Petition appealing the decision of the Architectural Review Board for a Certificate
of Appropriateness with regard to property located at at 817 Ferdinand Avenue, S. W.,
was before the Council of the City of Roanoke at a regular meeting held on Monday,
March 19, 2018.
Based upon the evidence, testimony and documents City Council voted to affirm the
decision of the City of Roanoke Architectural Review Board on January 11, 2018, that
no Certificate of Appropriateness will be issued for replacement of double hung
windows at 817 Ferdinand Avenue, S.W., as set forth in the Application for Certificate of
Appropriateness on the grounds that the proposed installation and location are not
architecturally compatible with the structures or historic landmarks in the H -2 District.
Sincerely,
Oe� '4.. V/�o
Cecelia F. F. McCoy 0
Deputy City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Par-viz Moosavi, Agent, Architectural Review Board
Donna Payne, Secretary, Architectural Review Board
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MAC
E -mail cIr,k(,)r.onake...gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
March 21, 2018
Assistant Deputy City Clerk
Mr. Neil Aneja
1138 Montrose Avenue, N. W.
Roanoke, Virginia 24013
Dear Mr. Aneja:
Your Petition appealing the decision of the Architectural Review Board for a Certificate
of Appropriateness with regard to property located at at 817 Ferdinand Avenue, S. W.,
was before the Council of the City of Roanoke at a regular meeting held on Monday,
March 19, 2018.
Based upon the evidence, testimony and documents City Council voted to affirm the
decision of the City of Roanoke Architectural Review Board on January 11, 2018, that
no Certificate of Appropriateness will be issued for replacement of double hung
windows at 817 Ferdinand Avenue, S.W., as set forth in the Application for Certificate of
Appropriateness on the grounds that the proposed installation and location are not
architecturally compatible with the structures or historic landmarks in the H -2 District.
Sincerely,
Oe� '4.. V/�o
Cecelia F. F. McCoy 0
Deputy City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Par-viz Moosavi, Agent, Architectural Review Board
Donna Payne, Secretary, Architectural Review Board
817 Ferdinand Avenue, S.W.
Five Windows Replaced/Reduced in Size (Visible from the Alley)
Two Windows Replaced/Reduced in Size on West Building Facade
817 Ferdinand Avenue, S.W.
Official Tax Map No. 1120413.
The Honorable Mayor Sherman P. Lea, Sr.
and Members of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Neil Aneja regarding a decision of
the Architectural Review Board at its meeting on January 11, 2018, denying request to
replace five wood double hung windows with vinyl windows and to replace two wood
double hung windows with four over one, wood Pella windows that fit the opening as
amended at 817 Ferdinand Avenue, S. W., which is not consistent with the H -2
Guidelines. The petition was received in the City Clerk's Office on Thursday,
February 1, 2018.
Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision of the
Architectural Review Board may present to the City Council a petition appealing such
decision, provided such petition is fled within 30 calendar days after the decision is
rendered by the Board. The Council shall schedule a public meeting and render a
decision on the matter within 60 calendar days of receipt of the petition, unless the
property owner and the Agent to Architectural Review Board agree to an extension.
The Council may affirm, reverse or modify the decision of the Architectural Review
Board, in whole or in part, or refer the matter back to the Board.
With the concurrence of City Council, a public meeting may be scheduled for Monday,
March 19, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
render a decision with regard to the Petition for Appeal filed by Mr. Aneja.
Sincerely, l/'�J/�'"
nie Stepha
Moon R uoJds,Kv1M
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF TIIF CITY CI,FRK
215 Church Avenue, S. W., Suile 456
Roanoke, Virginia 24011 -1536
10,1... „e: (5411) 853-2541
F.” (54n)8.i3-11j5
N'I'h1'IIANI1 : M.M00NIffiYN01A)N,MM(.
ILn,nii: cicrlNl ruunalu'..'4O4
('1;('1AAA1.M('('0Y
('ity ('Icrk
Ilepn1, ('ilv Clerk
('1;('4:I.IA'I'. W1;1111, (N1(
Msialxnl nennly ('ity ('lo k
February 1, 2018
The Honorable Mayor Sherman P. Lea, Sr.
and Members of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Neil Aneja regarding a decision of
the Architectural Review Board at its meeting on January 11, 2018, denying request to
replace five wood double hung windows with vinyl windows and to replace two wood
double hung windows with four over one, wood Pella windows that fit the opening as
amended at 817 Ferdinand Avenue, S. W., which is not consistent with the H -2
Guidelines. The petition was received in the City Clerk's Office on Thursday,
February 1, 2018.
Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision of the
Architectural Review Board may present to the City Council a petition appealing such
decision, provided such petition is fled within 30 calendar days after the decision is
rendered by the Board. The Council shall schedule a public meeting and render a
decision on the matter within 60 calendar days of receipt of the petition, unless the
property owner and the Agent to Architectural Review Board agree to an extension.
The Council may affirm, reverse or modify the decision of the Architectural Review
Board, in whole or in part, or refer the matter back to the Board.
With the concurrence of City Council, a public meeting may be scheduled for Monday,
March 19, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
render a decision with regard to the Petition for Appeal filed by Mr. Aneja.
Sincerely, l/'�J/�'"
nie Stepha
Moon R uoJds,Kv1M
City Clerk
Enclosure
The Honorable Mayor Sherman P. Lea, Sr.
and Members of Roanoke City Council
February 1, 2018
Page 2
PC: Neil Aneja, 817 Ferdinand Avenue, S. W., Roanoke, Virginia 24016
Robert S. Cowell, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Parviz Moosavi, Agent, Architectural Review Board
Donna Payne, Secretary, Architectural Review Board
VIRGINIA:
HS :OTIu T -H33 13T.
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of
the City of Roanoke (1979), as amended.
1. Name of thePetitioner(s): Nei Ane)&
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
811 Ferd;nnn,i Apt Sw, pmnolfe Vy} 24DIk
4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2,
Historic Neighborhood Overlay District) of property(ies) which is the
subject of this appeal:
5. Date the hearing before the Architectural Review Board was held at
which the decision being appealed was made: 01 -11.1 B
6. Section of the Code of the City of Roanoke under which the Certificate
of Appropriateness was requested from the Architectural Review Board
(Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 3(,. 2 -= Y%
7. Description of the request for which the Certificate of Appropriateness
was sought from the Architectural Review Board: Leave in S
8. Grounds for appeal: Pe�c.� li 'r arnr'njr
9. Name, title, address and telephone number of person(s) who will
represent the Petitioners) before City Council: lufl A 113
O-4mc, Au _RnahA Vh 2tloo . S4D,SF -ru
Ot411 er
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name: ale;( An �6
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
applicable:
Name:
(print or type)
Name:
(print or type)
TO BE COMPLET D BY CITY CLERK:
Received by Date: /t.' za
PLANNING BUILDING AND DEVELOPMENT
Noel Taylor Municipal Building
215 Church Avenue, Room 166
Roanoke, Virginia 24011 011
540P853 1730 fax 540 853 1230
ROANOKEplanning(giroanokeva.gov
Mr. Neil Aneja
1138 Montrose Avenue, S.W.
Roanoke, VA 24013
Email: neil.aneja @gmail.com
Dear Property Owner:
January 18, 2018
Subject: Application for Certificate of Appropriateness
Certificate No. COAB17 -0060, 817 Ferdinand Avenue, S.W.
Official Tax # 1120413
On January 11, 2018, the Architectural Review Board of the City of
Roanoke, Virginia, considered your approval of the replacement of five wood
double hung windows with vinyl windows and replacement of two wood double
hung windows with four over one, wood Pella windows that fit the opening as
amended at 817 Ferdinand Avenue, S.W., and a Certificate of Appropriateness was
denied. The Board found that the application was not consistent with the following
H -2 Architectural Design Guidelines:
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make it
unique. Architectural materials and features are considered significant if they:
• are original, reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
• reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the
building by removing seven historic four- over -one pane wood double -
hung windows and has replaced them with new vinyl windows.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there are no evidences of their
conditions prior to being removed. All efforts should have been made to
repair and retain the original wood double hung windows.
• Install a new feature that is compatible to similar elements of the building in
size, scale, and materials when a significant feature is missing and there is no
evidence of its original appearance.
Majority of the installed vinyl windows are much smaller in size than the
original windows. Therefore, the replaced windows are not compatible
with the original wood double hung windows.
Visibility from the Street
• In the H -2 District, staff or the ARB reviews any changes proposed to the
exterior of building that are visible from the public right -of -way, including
alleyways. Modifications to rear facades in the H -2 District also require review
when owners propose changes that will impact the building's 'skin', particularly
changes to siding, windows and doors.
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
appropriate materials and designs are allowed to the rear of properties and
areas not readily visible from the street. Owners that propose additions that do
not impact the building's original or current skin, e.g. decks and patios, also
have greater design flexibility.
The applicant has replaced a total of seven windows on the rear and the
east building fagades. All new window replacements are visible from the
existing alley. The windows on the front fagade of the building are
maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size,
shape, pattern, and architectural style not only provide architectural character
but give a building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered
some of the window sizes by reducing their heights and filling in the
space.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven
historic windows with inappropriate windows in terms of size and
material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise
reinforcing. Wood that appears to be in bad condition because of peeling paint or
separated joints can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are missing
or beyond repair.
There is no evidence available on the windows already removed. The
new windows are not compatible with the size and material of the
original wood double hung windows.
If owners choose to remove and replace their historic windows they must first
present sufficient physical and photographic evidence and information to the
ARB regarding the condition of the existing windows and the feasibility of
repair /replacement in kind, and replacement with new materials. Replacement
should be based upon physical evidence and photo documentation rather than
the availability of stock or replacement windows.
No such evidence was provided and the COA application is not
consistent with the above statement.
If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidences were provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash or
glazing size, depth of reveal, muntin configuration, reflective quality or color of
the glazing, or appearance of the frame. Appearance of the finished window is
the paramount concern. Steel, vinyl, or fiber glass seldom matches the
appearance of wood, and they do not lend themselves to the application of
added detailing.
The new replacement windows are not compatible and do not match
the existing sash, glazing, size, etc.
Staff did not recommend approval of your COA application to the ARB. Staff
suggested that you consider replacing all seven vinyl windows with new double -
hung, wood, four-over-one pane Pella windows; however, you did not express
interest in replacing all seven vinyl windows with new Pella windows to match
existing.
If you are aggrieved by this decision of the Architectural Review Board, you
have the right to appeal the Board's decision to City Council within 30 calendar
days of the date of the decision, per the City Code Section 36.2 -530, see a copy
attached. Information on the appeals process is enclosed. Please contact Parviz
Moosavi at 540 - 853 -1522 if you have additional questions.
Very truly yours,
,��, ". `,a`dw
Donna M. Payne, Secretary to the Board
Architectural Review Board
Enclosure
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: March 19, 2018
Subject: 817 Ferdinand Avenue, S.W. (Official Tax Map No. 1120413)
Appeal by Neil Aneja of a decision of the Architectural Review Board
denying a request to approve replacement of five wood double
hung windows with vinyl windows and replacement of two wood
double hung windows with four over one, wood Pella windows that
fit the opening.
Background:
The subject property at 817 Ferdinand Avenue, S.W., includes a 2% story,
multifamily residential structure constructed in 1930. The property is located
within the H -2 Historic Neighborhood Overlay District. Exterior alterations of
buildings within the H -2 Historic District are subject to review and approval by
the Architectural Review Board (ARB) prior to submitting an application for a
building permit at the Permit Center.
On June 13, 2017, a Certificate of Appropriateness (COA) application was filed
by the applicant for seven vinyl replacement windows. The project description
noted that the original windows were thrown away. A copy of COA Application
COAB17 -0027 is labeled Exhibit A.
On August 10, 2017, the ARB was scheduled to review the COA application;
however, the applicant failed to attend the meeting. The ARB continued the
application to the next meeting scheduled for September 14, 2017.
On September 14, 2017, the ARB reviewed the COA application. Staff
recommended denial of the COA application as the vinyl replacement windows
are not consistent with H -2 Architectural Design Guidelines. A copy of staff
report dated September 14, 2017, is labeled Exhibit B. ARB denied the COA
application for inconsistency with H -2 Architectural Design Guidelines. The
applicant was advised by the ARB that a COA application for the same scope of
work could not be submitted for one year from the ARB decision date, per City
Code Section 36.2 -530 (c)(3). A copy of the ARB denial letter dated September
17, 2017, is labeled Exhibit C. This denial is not the subject of the appeal.
On December 8, 2017, a second COA application was filed by the property
owner retaining the five vinyl windows on the side and replacing two vinyl
windows that face the alley. This application was different in scope from the
previous one; therefore, it was scheduled for a review by the ARB on January 11 ,
2018. A copy of COA Application COAB1 7 -0060 is labeled Exhibit D.
On January 11, 2018, the applicant appeared before the ARB. Staff
recommended denial of the COA application as the vinyl replacement windows
are not consistent with H -2 Architectural Design Guidelines. A copy of the staff
report dated January 11, 2018, is labeled Exhibit E. ARB reviewed the COA
application to retain five vinyl windows on the side and replace two vinyl
windows facing the alley. After review and discussion, ARB denied the COA
application by a vote of 7 -0. A copy of the ARB denial letter dated January 18,
2018, is labeled Exhibit F.
On February 1, 2018, a Petition to Appeal the ARB decision was filed in the City
Clerk's office by Mr. Neil Aneja. A copy of the Petition to Appeal is labeled
Exhibit G.
Considerations:
The H -2 Historic Neighborhood Overlay District was designated a National
Historic District in 1985. The district is a large urban residential neighborhood
that encompasses 1,547 contributing structures developed between 1882 and
1930, a period of tremendous growth and prosperity in the City of Roanoke's
early history. It is primarily a residential district, consisting of a variety of
popular domestic architectural styles.
The ARB bases its review on adopted guidelines that generally follow the
Secretary of Interior's Standards for Rehabilitation, which are the recognized
criteria for appropriate treatment of historic buildings and contexts.
The following Guideline excerpts are relevant for consideration of this
application:
Windows and Doors
• Windows and doors are especially important in rehabilitations. Their size,
shape, pattern, and architectural style not only provide architectural
character but give a building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered four of
the window sizes by reducing their heights and widths by filling in the
gaps with painted plywood.
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
size, fanlights, shape, glazing, hardware, muntins, shutters, and moldings
The proposal includes a request to approve replacement of seven historic
windows with windows that are inappropriate due to size and material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise
reinforcing. Wood that appears to be in bad condition because of peeling paint
or separated joints can often be repaired.
• If a limited area or number of windows is damaged or deteriorated, repair
with compatible materials is recommended rather than removal and
replacement of the window. Replace entire windows only when they are
missing or beyond repair.
There is no evidence available about the windows that were removed. The
new windows are not compatible with the size and material of the
original wood double hung windows.
• If historic windows need to be replaced, consider only the replacement of
the sash units themselves and not the entire window frame or surround.
No evidence was provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash
or glazing size, depth of reveal, muntin configuration, reflective quality or
color of the glazing, or appearance of the frame. Appearance of the finished
window is the paramount concern. Steel, vinyl, or fiberglass seldom matches
the appearance of wood, and they do not lend themselves to the application
of added detailing.
The new replacement windows are not compatible and do not match the
existing sash, glazing, size, and appearance.
Recommended Action:
The dimensions, proportion, and design of double hung windows are a
character - defining feature of the structure. The ARB found the COA application
inconsistent with the H -2 Architectural Design Guidelines as noted. Therefore,
ARB recommends that City Council affirm the ARB decision to deny the issuance
of a Certificate of Appropriateness that would have allowed the applicant to
retain five vinyl windows installed in place of five historic wood double hung
windows and to replace two vinyl windows, reduced in size, facing the alley,
with Pella wood windows resembling the historic windows in shape, size, and
appearance.
J�(Q --J'l�
Jon Fulton, Chair
Architectural Review Board
Enclosures: Exhibit A through Exhibit G
c: Robert Cowell, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian Shaw, Planning Administrator
Jillian Papa Moore, Zoning Administrator
Wayne Leftwich, Senior Planner
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Mr. Neil Aneja, Applicant (Property Owner)
EXHIBIT
H -2, Historic Neighborhood Overlay District
Application for Certificate of Appropriateness
Date of Application I')IL,M /),otl
Site Address 1 611 pe A,Aaool A c Sw
Property Owner
Name: I N0 ii
Address: 31 Cun,plkll hi $w
City: I Ro6noiie Vol 7iNolli
Phone Number: I 5 4o - SEct- $ H $S
Owner's Represenlative (if applicable
Name:
Address
City:
Phone Number:
Stale: F V A Zip Code:
E -Mail: rx,tl:une)a Qamc.il roux
State: F— Zip Code:
E -Mail:
RECEIVED
CITY OF ROANOKE
ANNINC AO n i, 6
DEVELOPMENT
%,NOI I
Application Prepared By: I Will, AAe14
Current Use I— Single - Family r Two - Family (Duplex) If Multifamily I— Townhouse F_ Commercial
If Commercial Describe Use: I
Proiect Tye F- Roof F- IF Windows and Doors r New Construction f— Signs j- Walls and Fences
F- and Paving F- Demolition F- Other:
'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION.
Acknowledgement of Responsibility' I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the
conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARB. I understand that no changes are permitted without prior approval by the City.
Signature of Property Owner:I /cd O nO Date: Flom 3-1 -A 6 n n
Section Below to be Completed by Staff
Certificate Number Approval By: FXARB
Other approvals needed:
Tax Parcel Number: t t 2 Ci L+ I �J r Zoning Permit
Base Zoning District: r ✓wilding Permit
Agent, Architectural Review Board:
F_ Agent
F BZA/Planning Commission
F_ Other
Date:
H -2, Historic Neighborhood Overlay District
Detailed Project Description
Site Address: 1811 FerA). ,.A AK SW
Property Owner: I NCA An R.) C'
Project
Description:
Additional information to be submitted
F Photographs r Site Plan r Elevation Drawings r Sample, Photograph, or Catalog Pictures of Proposed Material
F ther:
H -2, Historic Neighborhood Overlay District
Submittal Requirements Checklist
Complete Form & Click Here to Submit Electronically Print Form
The following must be submitted for all applications:
F_ A completed application form and checklist. Applications will be deemed incomplete without owner signature.
A brief project description of work including how the proposed architectural or site alterations are consistent with the
F ARB Guidelines for the subject Historic District. If historic materials are being replaced rather than repaired, please
provide justifications.
F- Photographs showing the current conditions of the specific project site.
For windows, doors, roofs and porches, the following must be submitted:
Scaled elevation drawings showing proposed alteration. If proposing to return building to an earlier appearance, please provide
r supporting documentation for the request (i.e. historic photograph).
F- Photograph, sample or catalog picture of proposed building material.
For walls and fences, the following must be submitted:
F_ Site plan showing the proposed location of the fence.
F_ Photograph or elevation drawing of fence design.
F- Sample, photograph or catalog picture of proposed material.
For new construction, the following must be submitted:
F- Site plan, including property lines, roadways, footprint of buildings and structures, paving etc.
F- Scaled elevation drawings of all sides of proposed buildingladdition.
F- Samples, photographs or catalog pictures of building materials.
For parkinglpaving, the following must be submitted:
F- Site plan showing proposed location of new paving surface.
r- Photograph, sample or catalog picture of proposed building material.
For signs, the following must be submitted.
F- Freestanding: A site plan showing the proposed location of the sign
F- Building Mounted: Photograph or scaled drawing of elevation on which the proposed sign will be located.
F— Photograph or scaled drawing of the proposed sign, identifying materials, color, lettering (size and style), and wordage.
F- Specifications of sign brackets, mounting hardware and lighting, if applicable.
For demolition, the following must be submitted:
F- for demolition, including structural evaluation and cost estimates for rehabilitation.
For other items, please refer to a like category.
'Note. If applying by e-mail please include the above items as an allachment.
D3Rarfment of Planning Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540)853 -1230
ARB Agent
Parviz Moosavi, Historic Preservation Planner
Phone: (540) 853 -1522
E-mail: parviz.moosavi @roanokeva.gov
Please remember...
The COA does not relieve the property owner from the responsibility of obtaining any other required permits. A copy of the Certificate
must be submitted to the Development Assistance Center (DAC) for permitting. For more information contact the Di at 853 -1090. It is
strongly suggested that you do not order or purchase any materials until ARE approval and required City permits are obtained.
Appeal
Application r
Planning Building and Development Application Checklist F– Application Form ROA N O K E
Room 166, Noel C. Taylor Municipal Building
F_ Written Narrative
215 Church Avenue, S.W.
Roanoke, Virginia 24011 r- Exhibits
Phone: (540) 853 -1730 Fax: (540) 853 -1230 r Filing Fee
Date: 06/13/2017
Street Address: 817 FERDINAND AVE SW, ROANOKE VIRGINIA 24016
Official Tax Ni 1120413
Size of Property (acres or square feet): 6276
Base Zoning District: RM -2, Residential Mixed Density Overlay Zoning District: P72, Historic Neighborhood
Request is made for an appeal from Section 36.2- E—==, Zoning, Code of the City of Roanoke (1979), as amended.
Appealing 6 vinyl windows that were put in to replace rotting wood windows.
Briefly describe the
appeal, specifying the
grounds for the appeal:
Name: neil aneja Phone Number: Sa05898488
Address: 31bcampbellavesw E -Mail: neil.aneja @gmail.com
Applicant's Signature:
Name: neil aneja Phone Number: S4o6898488
Address: �131b � "
caamppbelll aye sw E -Mail: neil.aneja @gmaiLcom
fSi9 azure: ,
Owne /
Application accepted as submitted in accordance with the provisions of Chapter 36.2, Z nin , Code of the City of Roanoke (1979), as
amended.
Secretary to the Board's Signature
Intake Date Public Hearing Date
; -4,4
-all -
TT
7:;-w
•
y
���• -. %_ +F; is
I
AGENDA ITEM III. A
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building EXHIBIT
215 Church Avenue, 11 Room 166
Roanoke, Virginia fax 540
ROA N O K E 540 853 1730 fax 540 853 1230
planning Proanokeva. gov
September 14, 2017
Updated with no changes to the staff report
August
Staff Report Presented to:
Mrs. Katherine Gutshall, Chair
and Members of the Architectural Review Board
Roanoke, Virginia
Dear Members of the Board:
Subject: 817 Ferdinand Avenue, S.W. (Official Tax Map No. 1120413)
Request from Neil Aneja that includes the replacement of 7 windows
with vinyl windows. All work already performed without a COA.
Background:
The subject site is an interior lot consisting of a multi - family residential structure,
located within the Old Southwest Historic Neighborhood Overlay District (H -2). All
exterior alterations are subject to a review and approval by the ARB prior to a permit
being applied at the City Permit Center.
The site was developed in 1930, with a 2 -story brick veneer, a gabled shingle roof, a
2 - -story front porch with gabled shingle roof, and a one -story later addition at the rear
of the building with a gabled shingle roof. There are five apartment units currently
existing within the subject building.
The applicant has replaced seven historic wood double -hung windows on the side and
the rear of the building without obtaining a Certificate of Appropriateness approval and
a building permit. Two window replacements are on the second level and five windows
are replaced on the first level. Four window sizes on the first level have significantly
been reduced by filling in the top and the sides with plywood. The building has
different style windows including multi -pane, six - over -one pane, and one - over -one
pane sashes.
The original wood double hung windows on the front fagade of the building are
maintained.
Staff Report
Architectural Review Board
817 Ferdinand Avenue, S.W.
September 14, 2017
Findings:
The H -2 Architectural Design Guidelines recommend the following:
Basic Design Principles
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make it
unique. Architectural materials and features are considered significant if they:
• are original, reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
• reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the building
by removing seven historic one - over -one pane wood double -hung windows
and has replaced them with new vinyl windows.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there are no evidences of their
conditions prior to being removed. All efforts should have been made to
repair and retain the original wood double hung windows.
• Install a new feature that is compatible to similar elements of the building in size,
scale, and materials when a significant feature is missing and there is no evidence
of its original appearance.
Majority of the installed vinyl windows are much smaller in size than the
original windows. Therefore, the replaced windows are not compatible with
the original wood double hung windows.
Visibility from the Street
• In the H -2 District, staff or the ARB reviews any changes proposed to the exterior
of building that are visible from the public right -of -way, including alleyways.
Modifications to rear fagades in the H -2 District also require review when owners
propose changes that will impact the building's 'skin', particularly changes to
siding, windows and doors.
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
Staff Report
Architectural Review Board
817 Ferdinand Avenue, S.W.
September 14, 2017
appropriate materials and designs are allowed to the rear of properties and areas
not readily visible from the street. Owners that propose additions that do not impact
the building's original or current skin, e.g. decks and patios, also have greater
design flexibility.
The applicant has replaced a total of seven windows on the rear and the east
building fagades. All new window replacements are visible from the existing
alley. The windows on the front fagade of the building are maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size, shape,
pattern, and architectural style not only provide architectural character but give a
building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered some
of the window sizes by reducing their heights and filling in the space.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include,
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven historic
windows with inappropriate windows in terms of size and material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise reinforcing.
Wood that appears to be in bad condition because of peeling paint or separated joints
can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are
missing or beyond repair.
Staff Report
Architectural Review Board
817 Ferdinand Avenue, S.W.
September 14, 2017
There is no evidence available on the windows already removed. The new
windows are not compatible with the size and material of the original
wood double hung windows.
If owners choose to remove and replace their historic windows they must first
present sufficient physical and photographic evidence and information to the
ARB regarding the condition of the existing windows and the feasibility of
repair) replacement in kind, and replacement with new materials. Replacement
should be based upon physical evidence and photo documentation rather than
the availability of stock or replacement windows.
No such evidence was provided and the COA application is not
consistent with the above statement
If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidence was provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash or
glazing size, depth of reveal, muntin configuration, reflective quality or color of
the glazing, or appearance of the frame. Appearance of the finished window is
the paramount concern. Steel, vinyl, or fiber glass seldom match the
appearance of wood, and they do not lend themselves to the application of
added detailing.
The new replacement windows are not compatible and do not match the
existing sash, glazing, size, etc.
Staff Comments:
The proposal includes removal of seven wood double -hung windows that have been
replaced with smaller vinyl windows. Based on the H -2 Design Guidelines, replacing
historic windows require sufficient physical and photographic evidence and information
to the ARB regarding the condition of the existing windows and the feasibility of repair,
or replacement, displaying 'beyond repair" condition of the windows.
Therefore, staff does not support this portion of the proposal.
Staff Report
Architectural Review Board
817 Ferdinand Avenue, S.W.
September 14, 2017
Parviz Moosavi, ARB Agent
PLANNING BUILDING AND DEVELOPMENT
V III- Noel C. Taylor Municipal Building
215 Church Avenue, Room 166
Roanoke, Virginia 24011 011
540 853 1730 fax 5408531230
ROANOKEplan ninaiaroanokeva rov,
Mr. Neil Aneja
31 Campbell Avenue, S.W.
Roanoke, VA 24011
Email: neil.aneja @gmail.com
Dear Property Owner:
EX ^HIBIT
September 19, 2017
Subject: Application for Certificate of Appropriateness
Certificate No. COAB17 -0027, 817 Ferdinand Avenue, S.W.
Official Tax # 1120413
On September 14, 2017, the Architectural Review Board of the City of
Roanoke, Virginia, considered your approval of the replacement of 7 windows with
vinyl windows at 817 Ferdinand Avenue, S.W., and a Certificate of Appropriateness
was denied. The Board found that the application was not consistent with the
following H -2 Architectural Design Guidelines:
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make
it unique. Architectural materials and features are considered significant if they:
• are original, reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
• reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the
building by removing seven historic one - over -one pane wood double -
hung windows and has replaced them with new vinyl windows.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there are no evidences of their
conditions prior to being removed. All efforts should have been made to
repair and retain the original wood double hung windows.
Install a new feature that is compatible to similar elements of the building in
size, scale, and materials when a significant feature is missing and there is no
evidence of its original appearance.
Majority of the installed vinyl windows are much smaller in size than the
original windows. Therefore, the replaced windows are not compatible
with the original wood double hung windows.
Visibility from the Street
• In the H -2 District, staff or the AIRS reviews any changes proposed to the
exterior of building that are visible from the public right -of -way, including
alleyways. Modifications to rear fagades in the H -2 District also require review
when owners propose changes that will impact the building's 'skin', particularly
changes to siding, windows and doors.
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
appropriate materials and designs are allowed to the rear of properties and
areas not readily visible from the street. Owners that propose additions that do
not impact the building's original or current skin, e.g. decks and patios, also
have greater design flexibility.
The applicant has replaced a total of seven windows on the rear and the
east building fagades. All new window replacements are visible from the
existing alley. The windows on the front fagade of the building are
maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size,
shape, pattern, and architectural style not only provide architectural character
but give a building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered
some of the window sizes by reducing their heights and filling in the
space.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven
historic windows with inappropriate windows in terms of size and
material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise
reinforcing. Wood that appears to be in bad condition because of peeling paint or
separated joints can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are
missing or beyond repair.
There is no evidence available on the windows already removed. The
new windows are not compatible with the size and material of the
original wood double hung windows.
If owners choose to remove and replace their historic windows they must
first present sufficient physical and photographic evidence and information to
the ARB regarding the condition of the existing windows and the feasibility of
repair,/ replacement in kind, and replacement with new materials.
Replacement should be based upon physical evidence and photo
documentation rather than the availability of stock or replacement windows.
No such evidence was provided and the COA application is not
consistent with the above statement
If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidences were provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash
or glazing size, depth of reveal, muntin configuration, reflective quality or
color of the glazing, or appearance of the frame. Appearance of the finished
window is the paramount concern. Steel, vinyl, or fiber glass seldom
matches the appearance of wood, and they do not lend themselves to the
application of added detailing.
The new replacement windows are not compatible and do not match
the existing sash, glazing, size, etc.
If you are aggrieved by this decision of the Architectural Review
Board, you have the right to appeal the Board's decision to City Council
within 30 days of the date of the decision. Information on the appeals
process is enclosed. Please contact Parviz Moosavi at 540 -853 -1522 if you
have additional questions.
Very truly /yo�u�rs,
/b_ "-. `�
Donna M. Payne, Secretary to the Board
Architectural Review Board
Enclosure
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF )
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of
the City of Roanoke (1979), as amended.
1. Name of the Petitioner(s):
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2,
Historic Neighborhood Overlay District) of property(ies) which is the
subject of this appeal:
5. Date the hearing before the Architectural Review Board was held at
which the decision being appealed was made:
6. Section of the Code of the City of Roanoke under which the Certificate
of Appropriateness was requested from the Architectural Review Board
(Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2):
7. Description of the request for which the Certificate of Appropriateness
was sought from the Architectural Review Board:
8. Grounds for appeal:
9. Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City Council:
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Signature of Petitioner(s) or
representative(s), where
applicable:
Name:
(print or type)
Name:
(print or type)
Received by: Date:
Code of the City of Roanoke (1979)
Sec. 36.2 -530. - Certificates of appropriateness
Procedures.
(4)In the case of disapproval of an application before the Architectural Review Board, the Board shall
briefly state its reasons in writing, and it may make recommendations to the applicant. In the case of
disapproval accompanied by recommendations, the applicant may again be heard before the Board, if
an amended application that addresses the recommendations of the Board is filed by the applicant
within ninety (90) calendar days.
(5)Any property owner aggrieved by any decision of the Architectural Review Board may present to the
City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar
days after the decision is rendered by the Board. The City Council shall schedule the matter for a public
meeting and render decision on the matter within sixty (60) calendar days of the receipt of the
petition, unless the property owner and the Agent to the Architectural Review Board agree to an
extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision,
in whole or in part, or refer the matter back to the Board.
(6)U Pon approval by the Architectural Review Board, or the City Council on appeal, of any erection,
reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made
available to the applicant.
(7)ln the event City Council denies an appeal of a decision of the Architectural Review Board, the
applicant may file an appeal in Circuit Court pursuant to subsection (d), below.
(d)Appeols from City Council decision. Any property owner aggrieved by any final decision of the City
Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition
setting forth the alleged illegality of the action of the City Council, provided such petition is filed within
thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such
petition shall stay any action pursuant to the decision of the City Council pending the outcome of the
appeal to the court, except that the filing of such petition shall not stay any action pursuant to the
decision of the City Council if such decision denies the right to demolish a structure or historic landmark.
The court may reverse or modify the decision of City Council, in whole or in part, if it finds upon review
that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an
abuse of discretion, or the court may affirm the decision of the City Council
H -2, Historic Neighborhood Overlay District RECEIVED
Application for Certificate of Appropriateness 111011111
CITY OFF ROANOKE
Date of Application 12/01/2017 PLANNING BUILDING &
DEVELOPMENT
Site Address 817 FERDINAND AVE SW
Property Owner: EXHIBIT
Name: NEIL ANEJA T
Address: 1138 MONTROSE AVE SE -M /`--
City: ROANOKE State: VA Zip Code'. 24013
Phone Number: +1 (540) 589 -8488 E -Mail: NEILANEIA @GMAIL.COM
Owner's Representative fif applicable):
Name: INEIL ANEJA
Address'. 11138 MONTROSE AVE SE
City: ROANOKE State: VA Zip Code'.
Phone Number: L _ +1(540)589 -8488 _ E- Mail'. NEIL.ANEJA @GMAIL.COM
Application Prepared By: (NEIL ANEJA
Current Use: r Single - Family F- Two-Family (Duplex) r Multifamily F- Townhouse r Commercial
If Commercial Describe Use: I
Project Tye F-. Roof 7 Porch Ix. Windows and Doors [ New Construction F- Signs F- Wallsand Fences
F_ Parking and Paving F- Demolition F- Other:
'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION.
Acknowledgement of Responsibilitk I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be defamed to the following meeting. I agree to comply with the
conditions of this ceNficate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARE. I understand that no changes are permitted without pdor approval by the City.
Signature ofPro a Omer: NEILANEJA "d""" �" "f «� "" =M -""
9 Property Date: F2/01/2017
Section Below to be Completed by Staff
Certificate Number: r vv`."'
Approval By Ii IF- Agent
—
Other approvals needed:
Tax Parcel Number:
Zoning Permit
F- 9 IF- BZA /Planning Commission
Base Zoning District.
7_ Building Permit (- 'Other
Agent, Architectural Review Board: I Date:
H -2, Historic Neighborhood Overlay District
-Detailed Project Description
Site Address: 817 FERINAND AVE SW
Property Owner: (NEIL ANEJA
UKLN WUUU WINUUW� WtKt KtYLAIW I UIU NU I KNUW I Flt AKLA VJA� A HI] I UKIL AHLA ANU VINYL
ROWS WERE PUT INTO THE UNIT AS A REPLACMENT. THEY ARE ALL LOCATED ON THE BACKSIDE OF THE
DING WITH NONE OF THEM BEING VISIBLE FROM THE FROM OF THE HOUSE OR THE STREET. I WOULD ASK
r ONLY THE 2 BACK WINDOWS THAT ARE VISIBLE FROM THE ALLEY TO BE REPLACED, WITH THE OTHER 4
G ALLOWED TO STAY IN. IF THE 2 BACK WINDOWS ARE REPLACED, NO VINYL WINDOWS WOLD BE VISIBLE
N BOTH THE FRONT OF THE STREET OR THE BACK ALLEY OF THE HOUSE. THE 2 REPLACEMENT WINDOWS
1LD BE WOOD WINDOWS THAT ARE APPRORIATE FOR THE H2 DISTRICT. THE UNIT IS SURROUNDED BY 2
DINGS ON EACH SIDE, AND THERE IS APPROXIMATELY ONLY 10 FEET BETWEEN THE 2 BUILDINGS, SO TO SEE
VINYL WINDOWS, ONE WOULD HAVE TO WALK BETWEEN THE 2 BUILD] NGS WHICH IS PRIVATE PROPERTY.
Project
Description:
Addidonal intonation to be submitted
[ Photographs r Site Plan r- Elevation Drawings r Sample, Photograph, or Catalog Pictures of Proposed Material
r Other.
121 8)2017 Shop Pella 450 Senes Wood Double Pane Annoaled Double Hung Wirdow (Rough Opomng: 24.2Sin z 36.2Sin', A.utu. 23.5-in n 35.5 -,M al L...
LJi 4D °/a OFF SELECT TOOLS + FFFG nnorm.. c.unoxxuc.wxn�.uvtnwcc:cunn.anw
Activate 1.55; Cash Back
Pen until a AcLvat Later
11"Ift
Lo
Roanoke Lowe's
discovered, and Lowe's reserves the right to revoke
any stated offer and to correct any errors, inaccuracies
or omissions including after an order has been
submitted.
Pella 450 Series Wood Double Pane
Annealed Double Hung Window
(Rough Opening: 24.25 -in x 36.25 -
in; Actual:- 23.5 -in x 35.5 -in)
Item # 88152 Model # No
748171605241 reviews
$170.67
1 +
Q SAVE G SHARE
r--.l
Ships to Store
FREE
O Ready for pickup
on 12/22/2017 at
S. Roanoke
Lowe's
01-0
Delivery
Ready for delivery
on 1212212017 at
S. Roanoke
Lowe's
a Get S °t OFF' A app Every Day
Subject tc credo approval. Exclvsicns apply. Cannol ce mmbnetl with Special Hnancrg
Get Details >
hltpslM .lowes. cam /pdtPella450-Senes- WoodAoublr Pane - Annealed - Double - Hung - Window -R.UgMOpenlnp24- 25- irv.- 3G25-in- Actual- 23 -64n-s 1 4
1218/2017 Shop Pella 450 Senes Wood Double Pane Annealed couple Hung Windory (Rough Opening: 24.25-in x 36.25-in: Actual 23.8 -, x 25 .5
Product Information
ODescription
• Advanced Low -E energy- saving glass
• Beautiful wood interior with low- maintenance
EnduraClad exterior
• Both sashes tilt for easy cleaning of exterior glass
from inside•your home
• Cam - action locks provide a superior seal against
drafts and leaks
• Custom sizes and color- matched grilles are also
available via special order
• For more product details refer to the specifications
tab
2 Specifications
Actual Height (Inches)
35.5
Actual Width (Inches)
23.5
Jamb Depth (Inches)
2.69
Series
450
Interior Color /Finish
Unfinished pine
Exterior Color /Finish
White EnduraClad
Hardware
N/A
Color /Finish
Champagne
Paintable
✓
Color /Finish Family
White
Frame Material
Wood
Grid Type
N/A
Grid Width
N/A
Grid Profile
N/A
Grid Pattern
N/A
Argon Gas Insulated
✓
Glass Strength
Annealed
Obscure Glass
X
to
Co you need aoml- -.relic?
r
III H4' NOy„
Lock Type Cam
Nail Fin Applied
J Channel N/A
Mulling NIA
Wood Jamb
4-g /16-in
Extension
Number of Locks
1
Ventilation Latches
N/A
Tilt Mechanism
Compression
High Altitude Rated
X
Hurricane Approved
X
Miami Dade Approved
X
Sound Transmission
✓
Control (STC) Rated
Florida Product
✓
Approved
Design Pressure (DP)
50
Rating
Texas Department of
✓
Insurance Approved
Huna- W Indow- noual+DOenina.24- 2SIo-.- 3 &zcin -a
12IW2017 Shop Pella 450 $ones Wood Double Pane Annealed DouCie Hung Window (Rough Opening: 2425 -in x 36.2Sin; Actual: 23.Sin x 35.5min) at L
Frame Profile
Flat
U Value
0.3
Screen Included
None
Meets CA Forced
✓
Entry Requirements
Screen Type
NIA
Screen Frame Type
NIA
Solar Heat Gain
Coefficient (SHGC)
0.3
Balance System
Block and tackle
Grid Included
X
Tilting
✓
ENERGY STAR
Warranty
20 -year
Certified Northern
X
Zone
Lowe's Exclusive
✓
ENERGY STAR
Project Type
New construction
Certified
✓
North /Central Zone
Meets Egress
X
Requirement
ENERGY STAR
Certified
X
South /Central Zone
ENERGY STAR
Certified Southern
X
Zone
Rough Opening Width
24.25
(Inches)
Rough Opening
36.25
Height (Inches)
Glazing Type
Double pane
Projects, Tips & Services
Window Installation
Weather Strip Your Windows
hltps:IAw ..lowes.wmlpolPella-45D-Senes- Wood- DoublrPanrAnnealed-Doubl,Huno- Window -Rouoh-DOenina-242Sin-x -3 2Sin- Anua1.23 -. In -. ara
0
y:
MMMM
VENICEES
VPLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, Room 166
Roanoke, Virginia 24011 011
540853 1730 fax 540.8531230
ROANOKEplannino(c),roanokeva oov
Mr. Neil Aneja
31 Campbell Avenue, S.W.
Roanoke, VA 24011
Email: neil.aneja @gmail.com
Dear Property Owner:
September 19, 2017
Subject: Application for Certificate of Appropriateness
Certificate No. COAB17 -0027, 817 Ferdinand Avenue, S.W.
Official Tax # 1120413
On September 14, 2017, the Architectural Review Board of the City of
Roanoke, Virginia, considered your approval of the replacement of 7 windows with
vinyl windows at 817 Ferdinand Avenue, S.W., and a Certificate of Appropriateness
was denied. The Board found that the application was not consistent with the
following H -2 Architectural Design Guidelines:
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make
it unique. Architectural materials and features are considered significant if they:
• are original, reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
• reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the
building by removing seven historic one - over -one pane wood double -
hung windows and has replaced them with new vinyl windows.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there are no evidences of their
conditions prior to being removed. All efforts should have been made to
repair and retain the original wood double hung windows.
• Install a new feature that is compatible to similar elements of the building in
size, scale, and materials when a significant feature is missing and there is no
evidence of its original appearance.
Majority of the installed vinyl windows are much smaller in size than the
original windows. Therefore, the replaced windows are not compatible
with the original wood double hung windows.
Visibility from the Street
• In the H -2 District, staff or the ARB reviews any changes proposed to the
exterior of building that are visible from the public right -of -way, including
alleyways. Modifications to rear facades in the H -2 District also require review
when owners propose changes that will impact the building's 'skin', particularly
changes to siding, windows and doors.
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
appropriate materials and designs are allowed to the rear of properties and
areas not readily visible from the street. Owners that propose additions that do
not impact the building's original or current skin, e.g. decks and patios, also
have greater design flexibility.
The applicant has replaced a total of seven windows on the rear and the
east building fagades. All new window replacements are visible from the
existing alley. The windows on the front fagade of the building are
maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size,
shape, pattern, and architectural style not only provide architectural character
but give a building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered
some of the window sizes by reducing their heights and filling in the
space.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven
historic windows with inappropriate windows in terms of size and
material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise
reinforcing. Wood that appears to be in bad condition because of peeling paint or
separated joints can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are
missing or beyond repair.
There is no evidence available on the windows already removed. The
new windows are not compatible with the size and material of the
original wood double hung windows.
If owners choose to remove and replace their historic windows they must
first present sufficient physical and photographic evidence and information to
the ARB regarding the condition of the existing windows and the feasibility of
repair,/ replacement in kind, and replacement with new materials.
Replacement should be based upon physical evidence and photo
documentation rather than the availability of stock or replacement windows.
No such evidence was provided and the COA application is not
consistent with the above statement
If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidences were provided to warrant the window replacements.
Do not use inappropriate materials or finishes that radically change the sash
or glazing size, depth of reveal, muntin configuration, reflective quality or
color of the glazing, or appearance of the frame. Appearance of the finished
window is the paramount concern. Steel, vinyl, or fiber glass seldom
matches the appearance of wood, and they do not lend themselves to the
application of added detailing.
The new replacement windows are not compatible and do not match
the existing sash, glazing, size, etc.
If you are aggrieved by this decision of the Architectural Review
Board, you have the right to appeal the Board's decision to City Council
within 30 days of the date of the decision. Information on the appeals
process is enclosed. Please contact Parviz Moosavi at 540 -853 -1522 if you
have additional questions.
Very truly yours,
Donna M. Payne, Secretary to the Board
Architectural Review Board
Enclosure
12/812017 Shop Pe :'a 45CSaries Wood Dounlle.ene Annsa!sd Double Hong Nhndcv HoughOen.g. 24.25-tn x 36.2. In: Actua'. 23 3= .5- in?atL_.
' rva4r �. may.
Oft. pen until 9PM!
Roanoke Lowe's I r{ t _ F L LC
discovered, and Lowe's reserves the right to revo<e
any stated offer and to correct any errors. ;naccirac;cs
or omissions including after an order has been
submitted.
Pella 450 Series Wood Double Pane
Annealed Double Hung Window
(Rough Opening: 24.25 -in x 36.25 -
in; Actual: - 23.5 -in x 35.5 -in)
Item #88152 Model # No
748171605241 reviews
$170.67
O SAVE rl SHARF
Get 810 OFF' Every Day
all Saber x aeon aor ov : apa r : be ci o.ad cri:h SPe a F, .a - -g
Get Details >
Mips: /l ..lowes.mmlpolPella450-Series- Wood - Double Pane-Annealed- Double- Hung - Window - Rough - Opening- 24- 2Sin- x- 36- 25-in- Actual- 23- 5- in -x... 1 4
Ships to Store
Delivery
FREE
0 Ready for delivery
Ready for pickup
on 12/22/2017 at
on 12/22/2017 at
S. Roanoke
S. Roanoke
Lowe's
Lowe's
Get 810 OFF' Every Day
all Saber x aeon aor ov : apa r : be ci o.ad cri:h SPe a F, .a - -g
Get Details >
Mips: /l ..lowes.mmlpolPella450-Series- Wood - Double Pane-Annealed- Double- Hung - Window - Rough - Opening- 24- 2Sin- x- 36- 25-in- Actual- 23- 5- in -x... 1 4
12/812017 Shoo Pe11a450 Series W.d Double Pane Annea ed Double HUag Window(ROugh Opening'. 2425 -inx 3625-;,', Actual'. 23.5 -in x35.`- in)etL_-
Product Information
L Specifications
Actual Height (Inches)
35.5
U3�.CSCrI"rJtiOr
Cam
Actual Width (Inches)
3
• Advanced Low -E energy - saving glass
Applied
• Beautiful wood interior with low- maintenance
'-
J Channel
N/A
EnduraClad exterior
450
• Both sashes tilt for easy cleaning of exterior glass
i
from inside'your home
Unfinished pine
• Cam - action locks provide a superior seal against
"
drafts and leaks
'
• Custom sizes and color - matched grilles are also
4_9/16-in
available via special order
White EnduraClad
• For more product details refer to the specifications
'
tab
L Specifications
Actual Height (Inches)
35.5
Lock Type
Cam
Actual Width (Inches)
23.5
Nail Fin
Applied
Jamb Depth (Inches)
2.69
J Channel
N/A
Series
450
Mulling
N/A
Interior Color /Finish
Unfinished pine
Wood Jamb
Extension
4_9/16-in
Exterior Color /Finish
White EnduraClad
Number of Locks
1
Hardware
Champagne
Color /Finish
Ventilation Latches
N/A
Paintable
I/
Tilt Mechanism
Compression
Color /Finish Family
White
High Altitude Rated
X
Frame Material
Wood
Hurricane Approved
X
Grid Type
N/A
Miami Dade Approved
X
Grid Width
N/A
Sound Transmission
Control (STC) Rated
Grid Profile
NIA
Florida Product
Grid Pattern
N/A
Approved
v,
Argon Gas Insulated
./
Design Pressure (DP)
Rating
50
Glass Strength
Annealed
Texas Department of
I/
Obscure Glass
X
Insurance Approved
nttps / /vmrrv.lowes..o 1pol ,ila-450- Series -1 ^food- Double -Pane-Annealed- Double -Hang- Window- Rocgh- Opening - 242
>in -x-36-2Sin- Actual- 23- 5- In -x_. 2:4
12/8/20'7 S hop Pell a 450 Series wooa Don al e Pane Annealed Don al e H u ng window(Roush Opening_24.2,15x36.2,In; Actual: 23.5 -in x 35.5 -i n) at
Frame Profile
Flat
U Value
0.3
Screen Included
None
Meets CA Forced
Screen Type
N/A
Entry Requirements
✓
Screen Frame Type
N/A
Solar Heat Gain
0.3
Coefficient (SHGC)
Balance System
Block and tackle
Grid Included
X
Tilting
✓
ENERGYSTAR
Warranty
20 -year
Certified Northern
X
Zone
Lowe's Exclusive
✓
ENERGY STAR
Project Type
New construction
Certified
✓
North/Central Zone
Meets Egress
Requirement
X
ENERGY STAR
Certified
X
South /Central Zone
ENERGY STAR
- -
Certified Southern
X
Zone
Rough Opening Width
(Inches)
24.25
Rough Opening
Height (Inches)
36.25
Glazing Type
Double pane
Projects, Tips & Services
Window Installation
Weather Strip Your Windows
https:llmAv..iowes,c mlpd /PellaAbO- Series - Wood- Doubl,P,n,A,nsoled- Double- Hong= N'ocOw- Rough -0 pen ing- 2426io-x -36-25 1h Actua1- 28- s -in -. is
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, Room 166
Roanoke, Virginia 24011 11
ROA N O K E 540 8531730 fax 540 853 1230
planninq(g7roanokeya qov
Staff Report Presented to:
Mrs. Katherine Gutshall, Chair
and Members of the Architectural Review Board
Roanoke, Virginia
Dear Members of the Board:
AGENDA ITEM IV. B.
4$ EXHIBR
January 11, 2018
Subject: 817 Ferdinand Avenue, S.W. (Official Tax Map No. 1120413)
Request from Neil Aneja that includes the replaced seven wood
double hung windows with vinyl windows. The applicant proposes
to replace the two vinyl windows, reduced in size, facing the alley,
with new wood double hung Pella windows.
Background:
The subject site is an interior lot consisting of a 2 -story brick veneer, multi - family
residential structure, constructed in 1930, located within the Old Southwest Historic
Neighborhood Overlay District (H -2). All exterior alterations are subject to a review
and approval by the ARB prior to a permit being initiated at the City Permit Center.
The applicant has replaced seven historic wood double -hung windows on the side and
the rear of the building without obtaining a Certificate of Appropriateness approval and
a building permit. Two window replacements are on the second level and five windows
are replaced on the first level. Four window sizes on the first level have significantly
been reduced by filling in the top and the sides with plywood. Two of such windows
face the alley. The building includes several different style windows including multi -
pane, six - over -one pane, and one - over -one pane window sashes.
The applicant did not show up at the ARB meeting on September 14, 2017, where the
ARB denied his COA application to maintain the seven vinyl windows as installed. A
letter was sent to the applicant advising him of his denied COA application. He was
also advised that he had to wait a year before he could submit a similar application for
a review by the Al He was provided with the procedure to appeal the ARB decision
to the City Council, but he did not pursue that option.
In December 2017, the applicant appeared in City Court for noncompliance to the
code citation issued for replacing seven windows without the ARB approval. The
applicant has submitted a different COA application to maintain five vinyl windows and
replace the two vinyl windows, facing the alley, with wood double hung Pella windows.
Architectural Review Board Agenda Report
817 Ferdinand Avenue, S.W.
January 11, 2018
Findings:
The H -2 Architectural Design Guidelines recommend the following:
Basic Design Principles
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make it
unique. Architectural materials and features are considered significant if they:
• are original, reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
• reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the building
by removing seven historic one - over -one pane wood double -hung windows
and has replaced them with new vinyl windows. Four windows have been
reduced significantly in size by filling in the gaps with painted plywood.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there is no evidence of their
conditions prior to being removed. All efforts should have been made to
repair and retain the original wood double hung windows.
• Install a new feature that is compatible to similar elements of the building in size,
scale, and materials when a significant feature is missing and there is no evidence
of its original appearance.
Four of the seven vinyl windows installed are much smaller in size than the
original windows. The applicant is proposing to replace the two vinyl
windows facing the alley with new wood double hung Pella windows. The
vinyl windows installed are not compatible with the original wood double
hung windows. Therefore, the applicant must replace all seven vinyl
windows with new wood double hung Pella windows.
Visibility from the Street
• In the H -2 District, staff or the ARB reviews any changes proposed to the exterior
of building that are visible from the public right -of -way, including alleyways.
Modifications to rear fagades in the H -2 District also require review when owners
propose changes that will impact the building's 'skin', particularly changes to
siding, windows and doors.
Architectural Review Board Agenda Report
817 Ferdinand Avenue, S.W.
January 11, 2018
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
appropriate materials and designs are allowed to the rear of properties and areas
not readily visible from the street. Owners that propose additions that do not impact
the building's original or current skin, e.g. decks and patios, also have greater
design flexibility.
The applicant has replaced seven windows on the rear and the east building
fagades. All new window replacements are visible from the existing alley.
The original windows on front fagade of the building have been maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size, shape,
pattern, and architectural style not only provide architectural character but give a
building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered some
of the window sizes by reducing their heights and widths by filling in the
gaps with painted plywood.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven historic
windows with inappropriate windows in terms of size and material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise reinforcing.
Wood that appears to be in bad condition because of peeling paint or separated joints
can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are
missing or beyond repair.
Architectural Review Board Agenda Report
817 Ferdinand Avenue, S.W.
January it, 2018
There is no evidence available on the windows already removed. The new
windows are not compatible with the size and material of the original
wood double hung windows.
• If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidence was provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash or
glazing size, depth of reveal, muntin configuration, reflective quality or color of
the glazing, or appearance of the frame. Appearance of the finished window is
the paramount concern. Steel, vinyl, or fiber glass seldom match the
appearance of wood, and they do not lend themselves to the application of
added detailing.
The new replacement windows are not compatible and do not match the
existing sash, glazing, size, etc.
Staff Comments:
The applicant has removed seven wood double -hung windows and has replaced them
with vinyl windows. The applicant is proposing to replace the two vinyl windows facing
the alley with new wood double hung Pella windows. The vinyl windows installed are
not compatible with the original wood double hung windows and are inconsistent with
the H -2 Design Guidelines. Therefore, the applicant should replace all seven vinyl
windows with wood double hung windows.
Therefore, staff does not recommend approval of the COA application as proposed
and suggests that the applicant considers replacing all seven vinyl windows with new
double hung wood Pella windows.
Parviz Moosavi, ARB Agent
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, Room 166
Roanoke, Virginia 240111 1
540 853 1730 fax 540 853 1230
ROANOKEplanning(a)roanokevagov
Mr. Neil Aneja
1138 Montrose Avenue, S.W.
Roanoke, VA 24013
Email: neil.aneja @gmail.com
Dear Property Owner:
y$ EXM
January 18, 2018
Subject: Application for Certificate of Appropriateness
Certificate No. COAB17 -0060, 817 Ferdinand Avenue, S.W.
Official Tax # 1120413
On January 11, 2018, the Architectural Review Board of the City of
Roanoke, Virginia, considered your approval of the replacement of five wood
double hung windows with vinyl windows and replacement of two wood double
hung windows with four over one, wood Pella windows that ft the opening as
amended at 817 Ferdinand Avenue, S.W., and a Certificate of Appropriateness was
denied. The Board found that the application was not consistent with the following
H -2 Architectural Design Guidelines:
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and make it
unique. Architectural materials and features are considered significant if they:
are original, reflect a particular architectural style,
are examples of quality craftsmanship or design, or
reflect changes associated with a major event in the history of the bldg.
The applicant has altered the original features and character of the
building by removing seven historic four - over -one pane wood double -
hung windows and has replaced them with new vinyl windows.
• Repair deteriorated materials instead of removing or replacing them.
The removed windows are discarded and there are no evidences of their
conditions prior to being removed. Ali efforts should have been made to
repair and retain the original wood double hung windows.
• Install a new feature that is compatible to similar elements of the building in
size, scale, and materials when a significant feature is missing and there is no
evidence of its original appearance.
Majority of the installed vinyl windows are much smaller in size than the
original windows. Therefore, the replaced windows are not compatible
with the original wood double hung windows.
Visibility from the Street
• In the H -2 District, staff or the ARB reviews any changes proposed to the
exterior of building that are visible from the public right -of -way, including
alleyways. Modifications to rear fagades in the H -2 District also require review
when owners propose changes that will impact the building's 'skin', particularly
changes to siding, windows and doors.
However, the ARB recognizes that the rears of houses typically were more
utilitarian in design and changed more frequently. Therefore, a wider range of
appropriate materials and designs are allowed to the rear of properties and
areas not readily visible from the street. Owners that propose additions that do
not impact the building's original or current skin, e.g. decks and patios, also
have greater design flexibility.
The applicant has replaced a total of seven windows on the rear and the
east building fagades. All new window replacements are visible from the
existing alley. The windows on the front fagade of the building are
maintained.
Windows and Doors
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
• Windows and doors are especially important in rehabilitations. Their size,
shape, pattern, and architectural style not only provide architectural character
but give a building much of its scale, rhythm, and detail.
The applicant has altered the architectural character of the building by
replacing seven windows with vinyl windows and has also altered
some of the window sizes by reducing their heights and filling in the
space.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Windows and Doors
• Identify and keep the original materials and features of windows and doors.
Important characteristics include:
• size, fanlights, shape, glazing, hardware and muntins,
The proposal includes a request to approve replacement of seven
historic windows with inappropriate windows in terms of size and
material.
Replacing Existing Windows
Repair original windows by patching, splicing, consolidating, or otherwise
reinforcing. Wood that appears to be in bad condition because of peeling paint or
separated joints can often be repaired.
• If a limited area or numbers of windows are damaged or deteriorated, repair
with compatible materials is recommended rather than the removal and
replacement of the window. Replace entire windows only when they are missing
or beyond repair.
There is no evidence available on the windows already removed. The
new windows are not compatible with the size and material of the
original wood double hung windows.
If owners choose to remove and replace their historic windows they must first
present sufficient physical and photographic evidence and information to the
ARB regarding the condition of the existing windows and the feasibility of
repair /replacement in kind, and replacement with new materials. Replacement
should be based upon physical evidence and photo documentation rather than
the availability of stock or replacement windows.
No such evidence was provided and the COA application is not
consistent with the above statement.
If historic windows need to be replaced, consider only the replacement of the
sash units themselves and not the entire window frame or surround.
No evidences were provided to warrant the window replacements.
• Do not use inappropriate materials or finishes that radically change the sash or
glazing size, depth of reveal, muntin configuration, reflective quality or color of
the glazing, or appearance of the frame. Appearance of the finished window is
the paramount concern. Steel, vinyl, or fiber glass seldom matches the
appearance of wood, and they do not lend themselves to the application of
added detailing.
The new replacement windows are not compatible and do not match
the existing sash, glazing, size, etc.
Staff did not recommend approval of your COA application to the ARB. Staff
suggested that you consider replacing all seven vinyl windows with new double -
hung, wood, four - over -one pane Pella windows; however, you did not express
interest in replacing all seven vinyl windows with new Pella windows to match
existing.
If you are aggrieved by this decision of the Architectural Review Board, you
have the right to appeal the Board's decision to City Council within 30 calendar
days of the date of the decision, per the City Code Section 36.2 -530, see a copy
attached. Information on the appeals process is enclosed. Please contact Parviz
Moosavi at 540 - 853 -1522 if you have additional questions.
Very truly yours,
46"k >'n Y20YW
Donna M. Payne, Secretary to the Board
Architectural Review Board
Enclosure
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of
the City of Roanoke (1979), as amended.
1. Name of the Petitioner(s):
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2,
Historic Neighborhood Overlay District) of property(ies) which is the
subject of this appeal:
5. Date the hearing before the Architectural Review Board was held at
which the decision being appealed was made:
6. Section of the Code of the City of Roanoke under which the Certificate
of Appropriateness was requested from the Architectural Review Board
(Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2):
7. Description of the request for which the Certificate of Appropriateness
was sought from the Architectural Review Board:
8. Grounds for appeal:
9. Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City Council:
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Signature of Petitioner(s) or
representative(s), where
applicable:
Name:
(print or type)
Name:
(print or type)
Received by: Date:
Code of the City of Roanoke (1979)
Sec. 36.2 -530. - Certificates of appropriateness
Procedures
(4)ln the case of disapproval of an application before the Architectural Review Board, the Board shall
briefly state its reasons In writing, and it may make recommendations to the applicant. In the case of
disapproval accompanied by recommendations, the applicant may again be heard before the Board, if
an amended application that addresses the recommendations of the Board is filed by the applicant
within ninety (90) calendar days.
(5)Any property owner aggrieved by any decision of the Architectural Review Board may present to the
City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar
days after the decision is rendered by the Board. The City Council shall schedule the matter for a public
meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the
petition, unless the property owner and the Agent to the Architectural Review Board agree to an
extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision,
in whole or in part, or refer the matter back to the Board.
(6)Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection,
reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made
available to the applicant,
(7)ln the event City Council denies an appeal of a decision of the Architectural Review Board, the
applicant may file an appeal in Circuit Court pursuant to subsection (d), below.
(d)Appeals from City Council decision. Any property owner aggrieved by any final decision of the City
Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition
setting forth the alleged illegality of the action of the City Council, provided such petition is filed within
thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such
petition shall stay any action pursuant to the decision of the City Council pending the outcome of the
appeal to the court, except that the filing of such petition shall not stay any action pursuant to the
decision of the City Council if such decision denies the right to demolish a structure or historic landmark.
The court may reverse or modify the decision of City Council, in whole or in part, if it finds upon review
that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an
abuse of discretion, or the court may affirm the decision of the City Council
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36,2- 530(c)(5) of the Zoning Ordinance of the Code of
the City of Roanoke (1979), as amended.
1. Name of the Petitioner(s):
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2,
Historic Neighborhood Overlay District) of property(ies) which is the
subject of this appeal:
5. Date the hearing before the Architectural Review Board was held at
which the decision being appealed was made:
6. Section of the Code of the City of Roanoke under which the Certificate
of Appropriateness was requested from the Architectural Review Board
(Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2):
7. Description of the request for which the Certificate of Appropriateness
was sought from the Architectural Review Board:
8. Grounds for appeal:
9. Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City Council:
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Signature of Petitioner(s) or
representative(s), where
applicable:
Name:
(print or type)
Name:
(print or type)
Received by: Date:
Code of the City of Roanoke (1979)
Sec. 36.2 -530. - Certificates of appropriateness
Procedures
(4)ln the case of disapproval of an application before the Architectural Review Board, the Board shall
briefly state its reasons in writing, and it may make recommendations to the applicant. In the case of
disapproval accompanied by recommendations, the applicant may again be heard before the Board, if
an amended application that addresses the recommendations of the Board is filed by the applicant
within ninety (90) calendar days.
(5)Any property owner aggrieved by any decision of the Architectural Review Board may present to the
City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar
days after the decision is rendered by the Board. The City Council shall schedule the matter for a public
meeting and render decision on the matter within sixty (60) calendar days of the receipt of the
petition, unless the property owner and the Agent to the Architectural Review Board agree to an
extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision,
in whole or in part, or refer the matter back to the Board.
(6)Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection,
reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made
available to the applicant.
(7)ln the event City Council denies an appeal of a decision of the Architectural Review Board, the
applicant may file an appeal in Circuit Court pursuant to subsection (d), below.
(d)Appeals from City Council decision. Any property owner aggrieved by any final decision of the City
Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition
setting forth the alleged illegality of the action of the City Council, provided such petition is filed within
thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such
petition shall stay any action pursuant to the decision of the City Council pending the outcome of the
appeal to the court, except that the filing of such petition shall not stay any action pursuant to the
decision of the City Council if such decision denies the right to demolish a structure or historic landmark.
The court may reverse or modify the decision of City Council, in whole of in part, if it finds upon review
that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an
abuse of discretion, or the court may affirm the decision of the City Council
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch,.eh Aremte, S. W., Suite 456
Roanoke, Virginia 24011 -1536
0 Telephone: (540)853 -2141
Fax: (540)853 -1145
ST FPII.V'IF AI.OIOOV HI'A1u 01,118,>1M(. L- innil: I,,kW1.annkrvn.�oc
Cit}'(Jerk
February 1, 2018
The Honorable Mayor Sherman P. Lea, Sr.
and Members of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
REC- � "(' ,
FEB 01 2018
CITY OF kUAhpKE
PLANNING BUILDING 8
DEVELOP;RIENT
C €CEIAA F. NCCOI'
])".t\ Ci1> CI-k
CECELIA'1. REBB, URIC'
Assistant Deputr Cik Clerk
EXHIBIT
I am enclosing copy of a Petition for Appeal fled by Neil Aneja regarding a decision of
the Architectural Review Board at its meeting on January 11, 2018, denying request to
replace five wood double hung windows with vinyl windows and to replace two wood
double hung windows with four over one, wood Pella windows that ft the opening as
amended at 817 Ferdinand Avenue, S. W., which is not consistent with the H -2
Guidelines. The petition was received in the City Clerk's Office on Thursday,
February 1, 2018.
Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision of the
Architectural Review Board may present to the City Council a petition appealing such
decision, provided such petition is filed within 30 calendar days after the decision is
rendered by the Board. The Council shall schedule a public meeting and render a
decision on the matter within 60 calendar days of receipt of the petition, unless the
property owner and the Agent to Architectural Review Board agree to an extension.
The Council may affirm, reverse or modify the decision of the Architectural Review
Board, in whole or in part, or refer the matter back to the Board.
With the concurrence of City Council, a public meeting may be scheduled for Monday,
March 19, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
render a decision with regard to the Petition for Appeal filed by Mr. Aneja.
Sincerely,
t4L N' 0 Stephanie . Moon R ~M
City Clerk
Enclosure
The Honorable Mayor Sherman P. Lea, Sr.
and Members of Roanoke City Council
February 1, 2018
Page 2
Pc: Neil Aneja, 817 Ferdinand Avenue, S. W., Roanoke, Virginia 24016
Robert S. Cowell, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
#,ra-rviz Moosavi, Agent, Architectural Review Board
Donna Payne, Secretary, Architectural Review Board
VIRGINIA:
BS:OIwn 1 -R3j BT:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of
the City of Roanoke (1979), as amended.
1. Name of the Petitioner(s): Ci� Ane•ja
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
617 Ferd' d AL& Sw, R n Ife Vy} 2um6
4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2,
Historic Neighborhood Overlay District) of property(ies) which is the
subject of this appeal:
5. Date the hearing before the Architectural Review Board was held at
which the decision being appealed was made: D I - 11 -1 S
6. Section of the Code of the City of Roanoke under which the Certificate
of Appropriateness was requested from the Architectural Review Board
(Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 36 2 L3M S30
7. Description of the request for which the Certificate of Appropriateness
was sought from the Architectural Review Board: Leave 'n S
8. Grounds for appeal:
9. Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City Council: A lin
INoh1for- A0 dk. I/h '�Nbi1 54U 5C $4D
Owner
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted,
Signature of Owner(s)
(If not Petitioner):
Name: "'N A
(print or type
Name:
or type)
Signature of Petitioner(s) or
representative(s), where
applicable:
Name:
(print or type)
Name:
(print or type)
TO BE COMPLET D BY CITY CLERK:
Received by i� ( Date:K -u