HomeMy WebLinkAboutCouncil Actions 05-21-18PRICE
41130- 052118
ROANOKE CITY COUNCIL
REGULAR SESSION
MAY 21, 2018
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Joseph L. Cobb,
Chaplain, Hermitage Roanoke.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Friday, May 25 at 7:00 p.m., and Sunday, May 27 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:
Fair Housing Board — four vacancies
Unexpired terms of office ending March 31, 2019
Unexpired terms of office ending March 31, 2021
Human Services Advisory Board — three vacancies
Unexpired term of office ending November 30, 2018
Unexpired term of office ending November 30, 2019
Unexpired term of office ending November 30, 2020
Personnel and Employment and Practices Commission — three vacancies
Three -year terms of office ending June 30, 2021
Roanoke Neighborhood Advocates — two vacancies
Unexpired term of office ending June 30, 2019
Unexpired term of office ending June 30, 2020
Roanoke Valley - Alleghany Regional Commission — one vacancy
Three -year term of office ending June 30, 2021
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.
Shawn Hunter, 514 24�" Street, N. W., appeared before the Council with
regard to a complaint against a Roanoke City Council Member.
Robert Gravely, 3360 Hershberger, Road, N. W., appeared before the
Council with regard to his termination from the City.
4. CONSENT AGENDA:
(APPROVED, AS AMENDED 7 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
C -1 A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the disposition of publicly -owned property located
at 13 Church Avenue, S. E., where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Clerk advising of the resignations of
Antwyne Calloway and Dennis Light as members of the Fair Housing Board,
effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -3 A communication from the City Clerk advising of the resignation of
Christina Hatch as a member of the Roanoke Neighborhood Advocates, effective
immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -4 Report of qualification of R. Brian Townsend as a City representative of
the Virginia's First Regional Industrial Facility Authority for a four -year term of
office ending June 30, 2022.
RECOMMENDED ACTION: Received and filed.
A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the disposition of City -owned property
situated at 2410 Mason Mill Road, N. E., 2402 Mason Mill Road, N.E., 2320
Mason Mill Road, N. E., and 2002 Blue Hills Drive, N. E., where discussion
in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the 21" Century Community Learning Center Grant
funds from the U.S. Department of Education for the Roanoke
Public Libraries.
Adopted Resolution No. 41130- 052118 and Budget Ordinance
No. 41131. 052118.(7 -0)
2. Acceptance of the FY2017 - 2018 Local Emergency Management
Performance Grant supplemental funds from the Virginia
Department of Emergency Management to support the "Slop the
Bleed" Campaign.
Adopted Resolution No. 41132. 052118 and Budget Ordinance
No. 41133 - 052118. (7 -0)
3. Acceptance of the Foundation for Roanoke Valley Grant funds to
provide assistance to clients seeking services through the Social
Services Central Intake Program.
Adopted Resolution No. 41134 - 052118 and Budget Ordinance
No. 41135-052118. (7-0)
COMMENTS OF THE CITY MANAGER.
The City Manager shared the following comments:
Silver -Level Ride Center Designation
• Last week the International Mountain Bicycling Association awarded
Virginia's Blue Ridge (which represents the Roanoke region) a Silver -
Level Ride Center designation.
• The IMBA Silver -Level Ride Center status solidifies the enthusiasm for
mountain biking in our area and puts Virginia on par with some of the
greatest mountain bike destinations.
• In fact, there are only 15 Silver -Level Ride Centers in the world and ours is
the only Ride Center on the East Coast, so this is a big deal.
• Our status as America's East Coast Mountain Biking Capital will affect not
only Roanoke, but all localities under the Visit Virginia's Blue Ridge
umbrella.
• It look nearly two years of hard work by many people to get to this point,
and I want to thank Landon Howard, President of Visit Virginia's Blue
Ridge, and his staff and Board of Directors for their efforts to make this a
reality.
Roanoke Festival in the Park Returns
• Friday, May 25 through Sunday, May 27
• Elmwood Park
• Produced by Roanoke Festival in the Park, Inc., this event began its run in
1968 and has continued annually over the Memorial Day weekend for 50
years in Roanoke's Elmwood Park.
• The event has always been a place for the family to come and have fun,
with performances, activities, and events for kids.
• They also have a great lineup of bands for adults featuring:
• Friday: Russell Dickerson & Drake White
• Saturday: Foghat
• Sunday: 1964 the Tribute
• A schedule with activities, performance times, and admission passes can
be accessed online at www.roanokefestival.com
National Preservation Month
• May is recognized as National Preservation Month.
• The Roanoke Valley Preservation Foundation has joined the National
Trust for Historic Preservation for the acknowledgement.
• This year's theme is titled 'This. Place. Matters."
S. REPORTS OF COMMITTEES:
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. 41136 - 052118. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Adopted Ordinance No. 41137. 052118 authorizing the City Manager to
execute Amendment No. 2 to the Contract for Purchase and Sale of Real
Property, dated April 20, 2016 between the City of Roanoke, Virginia and
Deschutes Brewery, Inc. and Oregon corporation qualified to transact
business in the Commonwealth of Virginia, and its subsidiaries and
affiliates that may be created to own and /or operate the Facility described
below, to sell to the Buyer certain real property located at 2002 Blue Hills
Drive, N. E., Roanoke, Virginia 24012, consisting of approximately 49.4173
acres, more or less, together with all improvements thereon, designated as
Official Tax Map No. 7230101, for the construction and operation of a
brewery and warehouse facility, to amend certain terms of the Contract to
extend the Closing Date; authorizing the City Manager to execute such
further documents and take such further actions as may be necessary to
accomplish the above matters.
(7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Garland recently attended the dedication of First
Presbyterian Church as a historical marker, learned the history of the
church and urged the research and dedication of more historical
markers throughout the City.
Council Member Garland mentioned the amount of sediment allowed
to run into the Roanoke River Watershed in connection with the
Mountain Valley Pipeline and encouraged keeping the conversation
in the forefront.
Council Member Bestpitch recently met with Governor Northam
along with Dwayne D'Ardenne, Stormwater Manager and others to
discuss the Mountain Valley Pipeline.
Vice -Mayor Price and Council Member Bestpitch attended the
Baccalaureate Services for both William Fleming and Patrick Henry
High Schools which was very inspiring
Mayor Lea announced that Vice -Mayor Price was honored with the
Lifetime Achievement Award by the NAACP.
Mayor Lea mentioned the recent school shooting in Santa Fe, Texas
and called attention to Friday, June 1 as National Gun Violence
Awareness Day and urged all citizens to join him in wearing the color
orange to remember the victims of gun violence in the nation and
work together to address gun violence in the Nation, Commonwealth
and in the City.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 2:47 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING
IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451; AND THEREAFTER
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
ROANOKE CITY COUNCIL
REGULAR SESSION
MAY 21, 2018
7:00 P.M.
CITY COUNCIL CHAMBER
Call to Order - -Roll Call. Council Member Ferris was absent.
The Invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (6 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Friday, May 25 at 7:00 p.m., and Sunday, May 27 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:
Recognition of the City of Roanoke 2018 Leadership College Graduates.
Mayor Lea presented Certificates of Appreciation to the City of Roanoke
2018 Leadership College Graduates.
B. PUBLIC HEARINGS:
1. Request of A & M Enterprises L.P., to rezone property located at 310
Shenandoah Avenue, N. E., from D, Downtown District, to 1 -1, Light
Industrial District, with conditions. Maryellen F. Goodlatte, Esquire,
Spokesperson.
Adopted Ordinance No. 41138-052118. (6.0)
2. Proposal of the City of Roanoke to consider the sale of portions of City -
owned properties located at 0 Norfolk Avenue, S. E., and 26 Salem
Avenue, S. E., respectively, to Faison - Roanoke Office Limited
Partnership; Blue Ridge Highlands, Inc.; William J. Lemon; Sarah L.
Ludwig; W. Tucker Lemon, Individually and as a Trustee of the W. Tucker
Lemon 1990 Living Trust; and Stephen W. Lemon, in various interests as
tenants in common. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41139-052118. (6 -0)
3. Proposal of the City of Roanoke to consider a Contract for Purchase and
Sale of Real Property located at 201 Carver Avenue, N. E., to RYT, L.L.C.
Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41140-052118. (6 -0)
4. Approval of a request of Allegheny West .Regional Conference
Corporation of Seventh -Day Adventists, d /b /a Melrose Avenue Child
Development Center, for designation of its real and personal properties,
respectively, located at 1523 Melrose Avenue, N. W., as exempt from
taxation. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41141. 052118. (6 -0)
C. OTHER BUSINESS:
Amendment of the City Code with regard to erosion and sediment control
regulations.
Adopted Ordinance No. 41142-052118. (6 -0)
2. Amendment of the City Code to update the City's Stormwater
Management Code.
Adopted Ordinance No. 41143. 052118. (6 -0)
3. (a) Petition for Appeal filed by Becky Dole, on behalf of Raz M. Taz, LLC,
appealing a decision of the Architectural Review Board denying her
request that includes replacing the wood windows with new windows,
replacing old vinyl siding with new, and to finish installing vinyl siding on
the rear detached garage that currently has a combination of wood
clapboard and vinyl siding at 1402 Patterson Avenue, S. W. Becky Dole,
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.
The Appeal was remanded to the Architectural Review Board for
further review. (5 -0, Vice -Mayor Price abstained from the vote)
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.
Karen Cobb, Louis Garcia, Katrina Wood, Barbara Andes, Robin Barnhill,
Catherine .Koebel,.Jordan Bell, David Lawhorn, Fred Donaher, representing
Moms Demand Action, appeared before the Council with regard to
recognizing Friday, June 1, as National Gun Violence Awareness Day.
Sophia Bryant appeared before the Council with regard to the guardianship
of her grandchildren.
Mayor Lea called attention to Friday, June 1 as National Gun Violence
Awareness Day and urged all citizens to join him in wearing the color
orange to remember the victims of gun violence in the nation and work
together to address gun violence in the Nation, Commonwealth and in the
City.
Alison Blanton, President, Roanoke Valley Preservation Foundation,
appeared before the Council to thank the Council and provide information
on May 2018 as National Preservation Month.
E. ADJOURNED - 8:47 P.M.
10
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Request for Closed Meeting
This is to request that City Council c
disposition of publicly -owned property,
Map No. 4011 706), where discussion in
the bargaining position or negotiating
g2.2- 3711.A.3, Code of Virginia (1950),
t/ -------- - - - - --
Robert S. Cowell, Jr.
City Manager
onvene a closed meeting to discuss the
located at 13 Church Avenue, S.E. (Tax
an open meeting would adversely affect
strategy of the public body, pursuant to
as amended.
Distribution: Council Appointed Officers
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 240114536
relepho ,e: (5411)85.3-2541
Eu�: (5411)85]-1145
S EPIIANIE M. MOON REYNOLDS, MMC E -null: rlcrku ruunoke,u.gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EDU, CMC
Assistant Deputy Ce, Clerk
May 25, 2018
Dennis B. Light
2066 Kenwood Blvd, S. E
Roanoke, Virginia 24013
Dear Mr. Calloway
A communication from the City Clerk advising of your resignation as a member of the
Fair Housing Board was before the Council of the City of Roanoke at a regular meeting,
which was held on Monday, May 21, 2018.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Fair Housing Board from
November 5, 2012 to May 21, 2018. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
Sin erely; -)
Cecelia T. Webb, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Dennis B. Light
AS A MEMBER OF THE
FAIR HOUSING BOARD
FROM NOVEMBER 5, 2012
TO MAY 21, 2018
ON THIS 25TH DAY OF MAY, 2018
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SHERMAN P. LEA, SR.
MAYOR
ATTEST:
204='4�d "b)
CECELIA T. WEBB
ASSISTANT DEPUTY CITY CLERK
c CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fee: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk@roanokeva.gov
City Clerk
May 21, 2018
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that Antwyne Calloway and Dennis Light have tendered their
resignations as members of the Fair Housing Board, effective immediately.
Sincerely, q_
Stephanie M. Moon Re Id
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'(elepLo,te: (5411) A9 -2541
Pnx: (540) 853 -1145
5 IIT11ANIE M. MOON REYNOLDS, MMC E-n,ail: clerk {u�rmn,okeva.g °v CECELIAI'.MCCOV
City Clerk Deputy ('it) Clerk
('U ELIA'1'. W EDD, ('MC
AWsmnt Deoob' (9tv Clcrk
May 25,2018
Christina B. Hatch
2239 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Hatch:
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a
regular meeting, which was held on Monday, May 21, 2018.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke Neighborhood
Advocates from September 18, 2017 to May 21, 2018. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
�ecelia T. Webb, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Christina B. Hatch
AS A MEMBER OF THE
ROANOKE NEIGHBORHOOD ADVOCATES
FROM SEPTEMBER 18.2017
TO MAY 21, 2018
ON THIS 25TH DAY OF MAY
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED
-
P 4 :5�
SHERMAN P. LEA, SR.
MAYOR
ATTEST:
CECELI.A T. WEBB
ASSISTANT 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
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MM(' E -mail rlerk(a;roanokeva.gov
Che Clerk
May 21, 2018
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIAT. WEBB,CMC
Assistant Deputy City Clerk
This is to advise that Christina Hatch has tendered her resignation as a member of the
Roanoke Neighborhood Advocates, effective immediately.
Sincerely,
*L'
Stephanie.'
Moon Rey ds,
City Clerk
May 22, 2018
Christy Straight, Project Manager
Virginia's First Regional Industrial Facility Authority
6580 Valley Center Drive, Suite 124
Radford, Virginia 24141
Dear Ms. Straight:
This is to advise you that R. Brian Townsend has qualified as a City representative of
the Virginia's First Regional Industrial Facility Authority for a four -year term of office
ending June 30, 2022.
Sinc ferply,
�Cedetfa T. Webb, CMC
Assistant Deputy City Clerk
CITY OF ROANOKE
OFFICE OF 'rHE CITY CLERK
215 Church Avenue, S. W., Romn 456
Roanoke, Virginia 24011 -1536
'1'elephmm: (540) 853 -2541
Par (540)853 -1145
SI I(PIIANIF M. MOON REYNOLDS, MM('
Ftu,ui: clerk(nlroxnokevn . gnv
CECELIA F. MCCOY
C'it, Clerk
Oeyvty ('Ly ('Ierk
('ECELIAT. WEBB, CM('
Assistant Deputy City Clerk
May 22, 2018
Christy Straight, Project Manager
Virginia's First Regional Industrial Facility Authority
6580 Valley Center Drive, Suite 124
Radford, Virginia 24141
Dear Ms. Straight:
This is to advise you that R. Brian Townsend has qualified as a City representative of
the Virginia's First Regional Industrial Facility Authority for a four -year term of office
ending June 30, 2022.
Sinc ferply,
�Cedetfa T. Webb, CMC
Assistant Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, R. Brian Townsend, do solemnly swear that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Virginia's First Regional Industrial Facility Authority
for a four -year term of office ending June 30, 2022, according to the best of my ability.
(So help me God).
The foregoing oath of office was taken, sworn to, and subscribed before me by
R. Brian Townsend this day of r 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Request for Closed Meeting
This is a request that the Council convene in a Closed Meeting to discuss the
disposition of City -owned property situated at 2410 Mason Mill Road, N.E.,
(Official Tax Map No. 7170509); 2402 Mason Mill Road, N.E., (Official Tax Map
No. 7170505); 2320 Mason Mill Road, N.E., (Official Tax Map No. 7170504);
and 2002 Blue Hills Drive, N.E., (Official Tax Map No. 7230101), where
discussion in an open meeting would adversely affect the bargaining position or
negotiation strategy of the public body, pursuant to Section 2.2 -3711 (A)(3),
Code of Virginia (1950), as amended.
- - -- - -- - - - - - --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
OL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41130 - 052118.
A RESOLUTION authorizing the acceptance of the 21 "Century Community Leming Center
grant from the U.S. Department of Education to the Roanoke City Public Schools ( "Schools "), to
provide students, families and the community after- school and summer learning opportunities, and
authorizing execution of any and all necessary documents to comply with the terms and conditions of
the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Schools hereby accepts the 21 "Century Community Learning Center grant from
the U.S. Department of Education in the amount of $51,840, with a voluntary local match in the
amount of $3,966 from the City of Roanoke, to be distributed to the Roanoke Public Libraries to pay
for the Library Literacy Specialist salaries to provide reading and math tutoring to students and to
plan, develop and facilitate or deliver district -wide professional development programs for the 21"
Century staff and librarians, as more particularly set forth in the City Council Agenda Report dated
May 21, 2018.
2. The City Manager is hereby authorized to execute any and all requisite documents
pertaining to the City's acceptance of these funds, and to furnish such additional information as may
be required in connection with the City's acceptance of the grant funds. All such documents shall be
approved as to form by the City Attorney.
A "' EST:
Assi epu ity Cler .
R- AUthoriie acceptance of21' Century Coin in tin ity Learning CeMcrgant (521.18)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41131 - 052118.
AN ORDINANCE to appropriate funding from the Roanoke City School Board, for
the 215' Century Community Learning Centers workshops, amending and reordaining
certain sections of the 2017 -2018 Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2017 -2018 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Grant Funds
Appropriations
Temporary Employee Wages - School
Workshops
FICA
School Workshops
Revenues
21s' Century Literacy FY18- RCPS
21$' Century Literacy FY18- Local
35- 650- 8318 -1019 $ 51,840
35- 650 - 8318 -1120 3,966
35- 650 - 8318 -2235 4,000
35- 650- 8318 -8318 55,840
35- 650 - 8318 -8319 3,966
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST
4ity Clerk.
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Acceptance and Appropriation of Funds for the Roanoke Public
Libraries from the Roanoke City Public Schools 2111 Century
Grants.
Background:
Roanoke City Public Schools is the recipient of 21st Century Community
Learning Center grants from the U.S. Department of Education, for Westside
Elementary School, Hurt Park Elementary School, Morningside Elementary
School, Round Hill Elementary School, Garden City Elementary School, Jackson
Middle School, Woodrow Wilson Middle School and William Fleming High School.
The Roanoke Public Libraries is a co- applicant. The Community Learning
Centers created as a part of these grants provide students, families and the
community after - school and summer learning opportunities.
Considerations:
The Roanoke Public Libraries, as a co- applicant, will receive funds for the multi-
year grant from the schools to facilitate the services in the grant agreement.
The grant provides $51,840 annually to pay for Library Literacy Specialist
salaries to provide reading and math tutoring to students. The grant does not
provide funds for FICA and therefore $3,966 is needed as a voluntary local
match. In addition, the Roanoke Public Libraries will plan, develop and facilitate
or deliver District -wide professional development programs for 21st Century
staff and Librarians at an anticipated cost of $4,000.
Recommended Action:
Accept the funds from the U.S. Department of Education via the Roanoke City
Public Schools as described above and authorize the City Manager to execute
any required agreements or documents, such to be approved as to form by the
City Attorney.
Adopt the accompanying budget ordinance to transfer funding in the amount of
$3,966 from the Grant Match account 35- 300 - 9700 -5415, establish a revenue
estimate in the amount of $55,840 and appropriate $59,806 into accounts to
be established in the Grant Fund by the Director of Finance.
-------- - - - - -- --- - - - - --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Amelia Merchant, Director of Finance
Sheila S. Umberger, Director of Libraries
IN "f HE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41132- 052118.
A RESOLUTION accepting the 2017 Supplemental Local Emergency Management
Performance Grant to the City from the Virginia Department of Emergency Management, and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke does hereby accept the 2017 Supplemental Local
Emergency Management Performance Grant (SLEMPG) offered by the Virginia Department of
Emergency Management (VDEM) in the amount of $30,000, with a required local match from
the City of Roanoke in the amount of $30,000, for a total award of $60,000, to purchase personal
protective equipment and supplies to support the "Stop the Bleed" campaign. The grant is more
particularly described in the City Council Agenda Report dated May 21, 2017.
2. The City Manager is hereby authorized to execute, respectively, for and on behalf
of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such
documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City s acceptance of this grant.
R -V DFM -SI FM K; Grant Acw,W,, , FYI 7 -, 21 1 R.doc
41E ty Clerk.
Ift-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41133 - 052118.
AN ORDINANCE appropriating funding from the Department of Homeland
Security (DHS) Federal Emergency Management Agency (FEMA) through the
Commonwealth of Virginia Department of Emergency Management (VDEM) for ballistic
protection and training, amending and reordaining certain sections ofthe 2017 -2018 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 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment ( <$5,000)
Training and Development
Wearing Apparel
Revenues
VDEM LEMPG FY18 Supplement
VDEM LEMPG FY18 Supplement — Local
35-
520-
3772 -2035
$ 2,474
35-
520
- 3772 -2044
1,000
35-
520-
3772
-2064
56,526
35- 520- 3772 -3772 30,000
35 -520- 3772 -3773 30,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Virginia Department of Emergency Management Supplemental
Local Emergency Management Performance Grant Acceptance
Background:
Roanoke Fire -EMS has been awarded a grant from the Virginia Department of
Emergency Management (VDEM) under the 2017 Supplemental Local Emergency
Management Performance Grant (SLEMPG) in the amount of $60,000. Grant
funds will be used to purchase personal protective equipment and supplies to
support the "Stop the Bleed" campaign. This grant does require a 50/50 grant
match from the City of Roanoke. Funding in the amount of $30,000 can be
provided from the Grant match account.
Considerations:
City Council action is needed to formally accept and appropriate these funds.
Recommended Action:
Adopt the accompanying resolution accepting the funds from VDEM as
described above and authorize the City Manager to execute any required
agreements or documents, such to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $30,000 for State grant funds and $30,000 for local match
funds. Transfer funding in the amount of $30,000 from the grant match
account (35-300-9700-5415), and appropriate funding in the amount of
$60,000 to accounts to be established by the Director of Finance.
,�,t _44 - --
r'PIRobert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
(P)-L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41134 - 052118.
A RESOLUTION authorizing the acceptance of a grant from the At and Olivia Graham Fund
of Foundation for Roanoke Valley to the City of Roanoke on behalf of the City's Department of
Human Services, to be used to provide rent and utility assistance to clients seeking services through
the Central Intake program, and authorizing execution of any and all necessary documents to comply
with the terms and conditions of the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
I . The City of Roanoke hereby accepts a grant from the Al and Olivia Graham Fund of
Foundation for Roanoke Valley to the City of Roanoke, on behalf of the City's Department of
Human Services, in the amount of $6,000, with no local match from the City, to be used to provide
rent and utility assistance to clients seeking services through the Central Intake program, as more
particularly set forth in the City Council Agenda Report dated May 21, 2018.
2. The City Manager is hereby authorized to execute any and all requisite documents
pertaining to the City's acceptance of these funds, and to furnish such additional information as may
be required in connection with the City's acceptance of the grant funds. All such documents shall be
approved as to form by the City Attorney.
R- AUlh.naz aweplan,a of AI and Olivia Graham Fund of] oundalion for Roanoke Valley grant (521.18)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41135- 052118.
AN ORDINANCE to appropriate funding from the Foundation for Roanoke
Valley to provide rent and utility assistance to clients seeking services through the
Central Intake program, amending and reordaining certain sections of the 2017 -2018
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 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Administrative Supplies
Program Activities- Rent & Utility
Revenues
Crisis Housing Program FY19
35- 630- 5409 -2030 $ 300
35- 630 - 5409 -2066 5,700
35- 630 - 5409 -5409 6,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE S y
A E ty Clerk.
4�p4
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Foundation for Roanoke Valley Grant: Crisis Housing Program
Background:
In March of 2018, the City of Roanoke Department of Human Services applied
for a grant from the Foundation for Roanoke Valley to provide rent and utility
assistance to clients seeking services through the Central Intake program.
This project will increase capacity for the number of households we are able to
assist. The funds will be used to fill gaps created by the closing of other
programs and prioritized for prevention service. The target population will be
households with incomes 30% Area Median Income (AMI) or below.
The City of Roanoke Department of Human Services received notice on April 11,
2018, that the Foundation for Roanoke Valley has approved grant of $6,000
from the Al and Olivia Graham Fund to be used to provide utility and rent
assistance to clients (see attached budget). No local match is required by the
City.
Recommended Action:
Accept the Foundation for Roanoke Valley grant and authorize the City Manager
to execute the grant agreement and any necessary documents required to
accept the grant, to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the Grant Fund for $6,000 and appropriate total funding of $6,000 into
accounts-to-be, established by the Director of Finance in the Grant Fund.
�-
--- - -- - - -- ------ - - - - --
Robert S. Cowell, r.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Steven Martin, Director of Human and Social Services
Carol Tuning, Human Services Administrator
Amelia C. Merchant, Director of Finance
Housing Crisis Program Budget
July 1, 2018 -June 30, 2019
Revenue
Foundation for Roanoke Valley $6,000
Expenses
Rent $1,700
Utility Assistance $4,000
Administrative Supplies $ 300
Total $6,000
A
FOUNDATION
FOR ROANOKE VALLEY
Your Community Foundation
Grant #: 20182910
Officers
1 am pleased to inform you that Foundation for Roanoke Valley has approved a grant
A. Damon Waham,
April 11, 2018
Cbdr
assistance to clients as per the project budget. A check for the grant amount is
Cynthia M. Shdmr
enclosed.
otr. Cbnh
Ms. Carol Tuning
semi Rairrro Coles
City of Roanoke
1'e" " " "'
Department of Human and Social Services
Alan E. Rumk
1510 Williamson Rd.
bkocmry and
have not already done so, please make sure you sign and submit the online Grant
esrr„a;nr fl;raaor
Roanoke, VA 24012
Board of Governors
Richard G. BaiIry, DV.M, Dear Carol,
NL Bishop
John Is Bvdd, Jr.
1 am pleased to inform you that Foundation for Roanoke Valley has approved a grant
tram, G. G..
Miml Cdcs
of $6,000.00 from the AI and Olivia Graham Fund to be used to provide utility and rent
V. Dyn
Nancy V. Dye. M.D.
assistance to clients as per the project budget. A check for the grant amount is
Lauren Ellenaan
enclosed.
William D. Ellin,
Tammy M. rnley
Suaam Lanaasrcr
The Foundation requires that you provide us with a final report which details the
S,sphcn W Lemon
impact of this grant on your agency or program and which specifically explains how
Ganage A. Lo+akl. D. DS.
the funds were used. The final grant report is to be completed by 04/12/2019. If you
James W. MrAdem
have not already done so, please make sure you sign and submit the online Grant
D,b, A. Mnsmhah''re
Deborah A.Oehlsehlaeger
Agreement. These documents can be accessed by logging onto your account with the
Aamlall R. Rhea hID.
Foundation's Grant Software.
C.,ahia hl. Shdor
ciem c. sma
We also ask that your organization publicize this grant and send any copies of resulting
LecraTmmpersr,
1.<Onard Whacks
coverage to the Foundation. Please recognize this grant as coming from the AI and
g g
A. Damon Williams
Olivia Graham Fund of Foundation for Roanoke Valley. You may also submit good
quality digital photographs - one or two images that best show your grant project, plus
a brief description - that could be used for the Foundation's newsletter, annual report,
or other publications. Please remember to always obtain a photo release from anyone
that appears in the photographs. The only exception to this is if the picture is from a
public event.
If you have any questions about publicizing your grant, please contact the Foundation
at 540- 985 -0204. We are happy to support the work of your organization.
Sincerely,
g C
Michelle Eberly
Program Officer
Enclosure
Workingdzhgendy to each $70 million in total assets by the end of 201$ in honor oicour 30th Onniversary
Please consider supporting our "70x 30 "Initiative!
RQ &,a 1159 • Roanmka VA 24006.,5401985 -0204 ..rsrw,Eoundanonf rroancka-allcyu,g
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41136 - 052118.
AN ORDINANCE to appropriate funding from the Commonwealth and local 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 fallowing 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
Prof Other Prof Services 302 - 140 -0000- 0390 -303N- 61210 - 43313 -3 -01 $ 17,500
Prof Other Prof Services 302 -140- 0000 - 0390 -303N- 61210 - 43313 -3 -01 17,500
Misc. Field Trips 302 -203- 0000 - 1000 -753M- 62130 - 45583 -0 -00 5,000
Revenues
State Grant Receipts 302 - 000 - 0000 - 0000 - 303N - 00000 - 32464 - 0 - 00 $ 35,000
Local /Other Revenue 302 - 000 - 0000 - 0000 - 753M - 00000 - 33808 - 0 - 00 5,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
A4,t Cler-
FA
i
MIA
ROANOKE CITY
PUBLIC SCHOOLS
May 21, 2018 School Board
Annette Lewis
Chairman
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council Mark K. Cathey
Roanoke, VA 24011 Vice Chairman
William B. Hopkins, Jr.
Dear Members of Council: Elizabeth C. S. Jamison
Laura D. Rottenborn
As a result of official School Board action on Tuesday, May 8, 2018, Lutheria H. Smith
the Board respectfully requests that City Council approve the Dick Willis
following appropriation requests: Dr. Rita D. Bishop
New Appropriation Award Superintendent
Cindy H. Poulton
Foundation for Roanoke Valley 2017 -18 $5,000.00 Clerk of the Board
GEAR UP Virginia (GUV) - College Advising Corps 2018 -19 $35,000.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton
School Board Clerk
PC: Dan Callaghan Rita D. Bishop
Bob Cowell Kathleen Jackson
Amelia Merchant Holli Salyers (w /details)
Annette Lewis
'i R MAY- R PM 7 :57
ww.rcoz info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: School Board Appropriation Request
Background
As the result of official Roanoke City School Board action at its May 8, 2018
meeting, the Board respectfully requested that City Council appropriate funding
as outlined in this report.
The 2018 -19 Gear Up Virginia grant award of $35,000 addresses the widening
gap in college access for low income, first generation, and under - represented
students. This award will be reimbursed by state funds and will end June 30,
2019. This is a continuing program.
The 2017 -18 Foundation for Roanoke Valley grant award of $5,000 from the
Community Catalyst Funds enables Roanoke City Public School Students to
participate in the Salem Red Sox Education Day.
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
appropria ing 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
ofi
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Irl,ll.nc (540)8531541
Fox; (540)a53-II45
S'1'EPIIANIE M. MOON REYNOLDS, MMC
E -mail: elerk(r {roanokeva.I;nv CECELIA F. M('COY
City Clerk
Dupaty City Clerk
CECEL1AT. WEBB,CMC
May 22, 2018 Assistant Depaty City Clerk
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am enclosing copy of Ordinance No. 41137 - 052118 authorizing you to execute
Amendment No. 2 to the Contract for Purchase and Sale of Real Property, dated
April 20, 2016 (the "Contract ") between the City of Roanoke, Virginia (the "City "), and
Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the
Commonwealth of Virginia (the 'Parent"), and its subsidiaries or affiliates that may be
created to own and /or operate the Facility described below (together, such subsidiaries
and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and
severally, are the "Buyer "), to sell to the Buyer certain real property located at 2002 Blue
Hills Drive, N. E., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres,
more or less, together with all improvements thereon, designated as Official Tax Map
No. 7230101 (the "Property "), for the construction and operation of a brewery and
warehouse facility (the "Facility "), to amend certain terms of the Contract to extend the
Closing Date; authorizing the City Manager to execute such further documents and take
such further actions as may be necessary to accomplish the above matters.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
Robert S. Cowell, Jr.
May 22, 2018
Page 2
PC: Daniel J. Callaghan, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Acting Director, Economic Development
pl`*�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41137 - 052118.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the
Contract for Purchase and Sale of Real Property, dated April 20, 2016 (the "Contract') between
the City of Roanoke, Virginia (the "City"), and Deschutes Brewery, Inc., an Oregon corporation
qualified to transact business in the Commonwealth of Virginia (the "Parent'), and its
subsidiaries or affiliates that may be created to own and/or operate the Facility described below
(together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries
together, jointly and severally, are the `Buyer "), to sell to the Buyer certain real property located
at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, consisting of approximately 49.4173
acres, more or less, together with all improvements thereon, designated as Official Tax Map No.
7230101 (the "Property "), for the construction and operation of a brewery and warehouse facility
(the "Facility "), to amend certain terms of the Contract to extend the Closing Date; authorizing
the City Manager to execute such further documents and take such further actions as may be
necessary to accomplish the above matters; and dispensing with the second reading of this
Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40485- 041816,
adopted on April 18, 2016, in which Council approved the terms of a Contract between the City
and the Buyer, pursuant to which Contract the City agreed to sell City -owned property located at
2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012, consisting of approximately 49.4173
acres, more or less, together with all improvements thereon, designated as Official Tax Map No.
7230101;
WHEREAS, the City and Buyer executed the Contract which was dated April 20, 2016;
WHEREAS, Section 10 of the Agreement provides that Closing of the transaction shall
occur prior to May 1, 2018;
2018;
WHEREAS, the Buyer requested an extension of the Closing Date to prior to May 31,
WHEREAS, pursuant to Ordinance No. 41095- 041618, the City and Buyer executed an
Amendment No. 1 to the Contract which was dated April 17, 2018; and
2018.
WHEREAS, the City and Buyer desire to extend the Closing Date to prior to June 30,
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
City Council hereby approves the terms of Amendment No. 2 to the Contract as
set forth in the City Council Agenda Report dated May 21, 2018, which Amendment No. 2
amends the Contract approved by City Council by Ordinance No. 40485- 041816, adopted on
April 18, 2016, and provides for certain undertakings and obligations by the Buyer and City.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 2 to the Contract, to amend certain terms of the Contract to extend the Closing
Date to prior to June 30, 2018, as set forth in the aforementioned City Council Agenda Report.
Amendment No. 2 to the Contract is to be substantially similar to the Contract attached to the
Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the Buyer pursuant to the Contract and Amendment No. 2.
2
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATT T:
ity Clerk
Q) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Amendment No. 2 of Contract for Purchase and Sale of Real
Property between the City of Roanoke and Deschutes Brewery,
Inc.
Background:
Deschutes Brewery, Inc. (Deschutes) executed a Contract for Purchase and Sale
of Real Property (Contract) with the City of Roanoke (City) effective April 20,
2016, whereby the City agreed to sell approximately 49.41 73 acres, located at
2002 Blue Hills Drive, N.E., (Official Tax Map #7230101) to Deschutes for the
construction and operation of a brewery and warehouse facility (Facility). The
terms of this Contract provided for a closing date of May 1, 2018.
Deschutes notified the City that it anticipated some potential changes in the
scope and timing of the originally proposed project and those expected
changes could require adjustments in the original timeline. As a result, the City
and Deschutes presented an Amendment to the Contract to Council for
consideration at its April 16, 2018 meeting that extended the closing date to
prior to May 31, 2018 in order for a revised Contract to be drafted that would
accomplish the following:
(1) amend the description of the property to be sold to Deschutes to
include the three parcels acquired by the City adjacent to the large
site: (a) Roanoke City Tax Map No. 71 70509, 2410 Mason Mill Road,
N.E., Roanoke, Virginia; (b) Roanoke City Tax Map No. 7170505,
2402 Mason Mill Road, N.E., Roanoke, Virginia; and (c) Roanoke City
Tax Map No. 7170504, 2320 Mason Mill Road, N.E., Roanoke,
Virginia,
(2) sell the property (including the three recently acquired lots) to
Deschutes for $3,205,000 in cash on or before May 31, 2018. The
sale of the property will be subject to: (i) a restrictive covenant
limiting the use of the property to manufacturing; (ii) a restrictive
covenant preventing the sale or transfer of the property, or any
portion thereof without prior approval of the City; (iii) a right of first
refusal for the City to repurchase the property at the sale price, less
the amount of any reimbursement obligation of the City for the
federal grant for road improvements incurred by the City under
Section 20 of the current Contract, (iv) the agreement of Deschutes
to reimburse the City for any obligation for the federal grant for road
improvements; and (v) such other agreements and terms as the
parties may mutually accept.
The Amendment was approved by City Council on April 16, 2018 by adoption of
Ordinance No. 41095-041618. The Amendment was executed by the parties on
April 17, 2018.
Given the complex nature of this proposed Contract revision and the need to
carefully coordinate the revisions with the various timelines and performance
measures contained in the current Contract, the parties desire additional time
to complete the drafting /revision process. Therefore, an Amendment No. 2 is
desired so that the closing date for the transaction would be extended to prior
to June 30, 2018. This will enable the City Council to consider the revised
Contract at its June 18, 2018 public hearing.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an
Amendment No. 2 of the Contract between Deschutes Brewery, Inc. and the City
of Roanoke, substantially similar to the Amendment No. 2 attached to this
Report, with a revised closing date prior to June 30, 2018. All documents are
subject to approval as to form by the City Attorney.
i
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Rob Ledger, Acting Director of Economic Development
Amelia C. Merchant, Director of Finance
AMENDMENT NO.2
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
DATED APRIL 20, 2016
This Amendment No. 2, to the Contract for Purchase and Sale of Real Property dated
April 20, 2016, between the City of Roanoke, Virginia, a Virginia municipal corporation
( "Seller" or "City "), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact
business in the Commonwealth of Virginia ( "Parent'), and its subsidiaries or affiliates that may
be created to own and/or operate the Facility described below (together, such subsidiaries and
affiliates are `Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally,
are the `Buyer ") ( "Amendment No. 2 ") is made this _ day of May, 2018, by and between
Seller and Buyer.
RECITALS:
A. Seller and Buyer entered into a Contract for Purchase and Sale of Real Property
dated April 20, 2016 ( "Agreement') under which Agreement Seller agreed to sell, and Buyer
agreed to purchase, the Property as defined therein, for the sum of $2,750,000, together with
other considerations;
B. Section 10 of the Agreement provided that Closing of the transaction shall occur
prior to May 1, 2018;
C. Buyer notified the City that due to significant changes in its industry, it would like
to extend the Closing Date to May 31, 2018;
D. Seller and Buyer executed an Amendment No. 1 dated April 17, 2018, extending
the Closing Date to May 31, 2018; and
E. Buyer and Seller agree to amend certain terms of the Agreement to extend the
Closing Date for an additional amount of time to June 30, 2018.
NOW, THEREFORE, based upon the mutual covenants and agreements set forth in the
Recitals which are incorporated as a part of this Amendment No. 2, and for other good and
valuable consideration, the sufficiency of which the parties acknowledge, Seller and Buyer agree
as follows:
1. Amendments to Agreement
Seller and Buyer hereby amend the Agreement as follows:
Section 10 of the Agreement is amended by replacing the Section with the following:
Section 10. Closing Date. The Closing of this transaction shall occur prior to
June 30, 2018, on a date selected by Buyer ( "Closing Date "). Buyer shall
provide Seller with not less than thirty (30) days advance written notice of the
Closing Date. The Closing shall occur at a mutually acceptable time (anticipated
to be approximately 10:00 A.M) on the Closing Date in the Office of the City
Attorney, or at such other location and time as shall be approved by Buyer and
Seller.
2. Entire Aereement.
The Agreement, as amended by Amendment No. 1 and this Amendment No. 2,
constitutes the entire agreement between the parties. The Agreement, as amended by
Amendment No. 1 and this Amendment No. 2, remains in full force and effect.
SIGNATURES APPEAR ON FOLLOWING PAGES
IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. 2 by their
authorized representatives effective as of the Effective Date.
WITNESS: CITY OF ROANOKE, VIRGINIA
By
Robert S. Cowell, Jr., City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this _ day of May, 2018, by Robert
S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal
Corporation, for and on behalf of said municipal corporation.
My commission expires
Notary Public
SEAL
WITNESS: DESCHUTES BREWERY, INC.
on behalf of itself and its subsidiaries and
and affiliates that may be created to own
and/or operate the Facility
By
Michael LaLonde, President & CEO
STATE OF
To -wit:
CITY /COUNTY OF
The foregoing instrument was acknowledged before me this _day of May, 2018, by Michael
LaLonde, President & CEO of Deschutes Brewery, Inc., an Oregon Corporation for and on
behalf of Deschutes Brewery, Inc.
My commission expires:
Notary Public
SEAL
Approved as to Form: Approved as to Execution:
Assistant City Attorney
Authorized by Ordinance No.
Assistant City Attorney
r3�
CITY OF ROANOKE
Q)
OFFICE OF'FHE CITY CLERK
215 Church Avenue, S. W., Room 456
"aT""
Roanoke, Virginia 24011 -1536
'telephone: (540)X53 -2541
F.x (541)953-II4S
S'I'EPHANI E. M. MOON REYNOLDS, MM(
E -nMl< dke kG(rmwokeve.,,
('EC ELAA P. M('('OY
City C k
Depnty ('Iry ('lark
('ECELIA T. WEDD, CMC
Aesieou,t Dep„1t CRY Clerk
May 22, 2018
Maryellen F. Goodlatte, Esquire
Glenn Feldmann Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
I am enclosing copy of Ordinance No. 41138 - 052118 to rezone certain property located
at 310 Shenandoah Avenue, N. E., from D, Downtown District, to 1 -1, Light Industrial
District, subject to certain conditions proffered by the applicant, as set forth in the
Zoning Amendment Original Application dated March 23, 2018.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
t !_A'
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
Maryellen F. Goodlatte, Esquire
May 22, 2018
Page 2
PC: Geoffrey M. Ottaway, General Partner, A & M Enterprises, L.P., P. O. Box 7427,
Roanoke, Virginia 24019
PHTW, LLC, P. O. Box 8188, Roanoke, Virginia 24014
Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510
Lugh Pugh, City Engineer
Susan S. Lower, Director, Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Tina Carr, Secretary, City Planning Commission
Katharine Gray, Land Use and Urban Design Planner
Ian Shaw, Agent, City Planning Commission
IN I I IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41138 - 052118.
AN ORDINANCE to rezone certain property located at 310 Shenandoah Avenue,
N.E., from D, Downtown District, to I -1, Light Industrial District, subject to certain
conditions proffered by the applicant; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Geoffrey M. Ottoway, on behalf of A &M Enterprises, L.P., has
made application to the Council of the City of Roanoke, Virginia ( "City Council "), to
have the property located at 310 Shenandoah Avenue, N.E., bearing Official "Pax Map
No. 3014019, rezoned from D, Downtown District, to 1 -1, Light Industrial District
subject to certain conditions;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on May 21, 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, alter considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 3014019 located at 310
Shenandoah Avenue, N.E., be, and is hereby rezoned from D, Downtown District, to 1 -1,
Light Industrial District, subject to certain conditions proffered by the applicant, as set
forth in the Zoning Amendment Original Application dated March 23, 2018.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
A'I' "I' Svl
City C
2
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Application by A & M Enterprises L.P., to rezone the property
located at 310 Shenandoah Avenue, N.E., bearing Official Tax Map
No. 3014019, from D, Downtown District, to 1 -1 , Light Industrial
District, with conditions.
Recommendation
The Planning Commission held a public hearing on Monday, May 14, 2018. By
a vote of 6 - 0, with Commissioner Atwood absent, the Commission
recommended approval of the rezoning request, finding that the Original
Application is consistent with the City's Comprehensive Plan, Williamson Road
Area Plan, and Zoning Ordinance as the subject property, as conditioned, will
be developed and used in a manner appropriate to the surrounding area.
Application Information
Request:
Rezoning with Proffered Conditions
Owner:
A& M Enterprises L.P.
_
A licant:
Same as listed above
Authorized Agent:
I
Maryellen Goodlatte, Glenn Feldmann Darby &
Goodlatte
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
I Site Address/
Location:
310 Shenandoah Avenue, N.E.
Official Tax Nos.:
3014019
Site Area:
0.724 acres
Existin Zoning
D, Downtown District
Proposed Zoning:
1 -1, Light Industrial District, with conditions
Existing Land Use:
Health and fitness center
Proposed Land Use
Warehouse, and Distribution center
Neighborhood Plan:
Williamson Road Area Plan
Specified Future Land
Use:
Small and Medium Scale Commercial
Filing Date:
Original Application: March 23, 2018
Background
The building at 310 Shenandoah Avenue, N.E., was built in 2002 and served as
warehouse storage for an associated office. The property was rezoned from C -3,
Central Business District, to D, Downtown District, during the 2005 comprehensive
rezoning and the existing use became a legal, nonconforming use. In 2015, the
warehouse and distribution use was abandoned when the property use was
changed to a health and fitness center.
In the spring of 2018, the applicant met with staff to discuss the possibility of
amending the zoning of the property to permit the building to be used for
warehouse and distribution again.
Considerations
Proffered Conditions
The conditions proposed for adoption restrict the land uses allowed on the
property to those allowed in both D, Downtown District, and 1 -1 , Light Industrial
District, plus the additional use of warehouse, distribution center, and
microbrewery or microdistillery.
Surrounding Zoning and Land Use:
The property is located on the southernmost edge of the Williamson Road Area in
a transition area between office and industrial uses. As shown on the zoning map
excerpt enclosed as Attachment A, the property is surrounded by heavy industrial
zoned railroad use to the south, industrial zoning to the east, and the raised wall
of 581 to the west that physically separates this property from the majority of
downtown.
Compliance with the Zoninq Ordinance
The purpose of the 1 -1 District is to provide for a range of wholesale, warehousing,
distribution, storage, repair and service, assembly or processing, fabrication or
manufacturing, accessory commercial and office uses, intensive commercial uses,
and other types of uses such as flex space. The regulations of the 1 -1 District are
intended to mitigate conflict between adjacent uses within the district and to
protect neighboring nonindustrial districts and uses.
The future development of the property is subject to dimensional and
development standards of the ordinance.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Williamson Road Area Plan encourage the
redevelopment of properties within the underutilized areas along Shenandoah
and Kimball Avenue. The area is comprised of industrial, commercial, and
vacant properties located north of the heavy industrial railroad shop facilities.
Relevant policies and action items in the comprehensive plan include:
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
ED A26. Identify underutilized commercial sites and promote revitalization.
The Williamson Road Area Plan recognizes the need for redevelopment of property
within the plan area. Relevant policies and action items in the neighborhood plan
include:
Community Design Policies
Commercial Zoning: General commercial and light industrial zoning will
be limited within the area to locations where existing land uses and scale
of development reflect the purpose of those zoning districts.
The existing pre- engineered metal building was designed and built to serve as a
warehouse or similar use. Reuse of the vacant building for a use similar to
adjacent parcels is consistent with these plans.
Public Comment Summary
None.
Planning Commission Work Session (April 6 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 rezoning, with conditions, will allow the use of the property in a manner
appropriate to the surrounding area with an existing form reflective of the
simple warehouse characteristics appropriate to the area.
Planning Commission Public Hearing (May 14 2018):
No comments received.
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
Geoffery Ottaway, A & M Enterprises L.P.
Maryellen Goodlatte, Glenn Feldmann Darby & Goodlatte
ZONING DISTRICT MAP
310 Shenandoah Avenue, NE
Official Tax Parcel: 3014019
®a <a - ee `- --
Zoning
PR. Airpea Dev
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3
Attachment A
PG «
Zi, Ong Amendment
i A!piplicetioinRECFIVEa
Department of Planning. Building and Development MAR 2 3 2018 ROA N O K E
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. utv I r
Roanoke, Virginia 24011 PLANNING BUILDING Ckck H@rB 10 Pd01
Phone. (540) 853 -1730 Fax (540) 853.1230 D VFLOPMEN
Filing Dale: March 23 2018 Submittal Number Original Application
-- _t_�ei_ail'khaY6 aeeflAelt -
❑ Rezoning, Not Olhelvdse Listed ❑ Amendment of Proffered Conditions
[D Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay Dislricl
❑ Establishment of Comprehensive Sign Overlay District
Address 3105henandoah Avenue, N.E., Roanoke, VA 24016
Of0dal Tax No(s) 3014019
Existing F!] Wilbout Conditions ONinance
Zoning D ❑ With Conditions Il (If
❑ Planned Unit Development applicable).
Requested ❑ W.:houl Conditions Proposed Warehouse;
Zoning [1, Ughtindustrial Q With Conditions Land Use Distribution Cente
❑ Planned Unit Development
y_ Ini _.._ eXllipll
Name A & M Enterprises LP, Phone Number. +1(5401556 -6268
Address- P.O. Box 7427; f,(q�ndke, VA 24019 E -mat GMOttaway�aol.cam
A & M
v�a+w.sgar C, <nP.al Pa ^rner
iseti ffecrostcoansaw,o
Name: Phone Number
Address, E -mail.
Name. Maryellen F. Goodlatte,Elq. Phone Number: +11540)224 -8me
Address: Glenn Feldmann, et alb., P. O. Box 2887, Roanoke, VA 240012 E -mail mgoodiatteiagiennfeldmann.
Zoning Amendment
Application Checklist r
Fq r_pn r>a aabmivaa'wraliaaa�na: ROAN O K E
rx Completed application form and checklist.
Fx Written narrative explaining the reason for the request.
F- Metes and bounds description, if applicable.
Fx Filing fee.
Fpfarmnyt 1ot4 Wail, c"ingmustniebesubmtart
I- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
!F. X aeonditbpplrr1e�onhg ,Ihe (otlowfig not also ttj ajFMFja.7.
tx Written proffers. See the City's Guide to Proffered Conditions.
r. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
development plan' if proffered.
�FgGe�pl kk, "hi�,Cjs`relopmeMM, gfe folowing mu it be- submitted:.
I- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
'LFoi a comp t( halve sign o_w 9aKdjsbie4 the folldwinimuabe—be si bl gbx ,
r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
Lw an @matt-`d,..rQ. K'Of pmftemad;corHNtiena, the Q&i1ng. ct -o be submitted;
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.
Fora Ian
ne{ �UhitdevalepdneidaMOndment, the follor !mg must _also besubmitled
r Amended development plan ma sfing the requirements of Section 36.2 -326 of the Citys Zoning Ordinance.
F- Copy of previously adopted Ordinance.
For a wmpre 5�nstvasigrroverlay amendment, the following mist also be submited-
r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
i- Copy of previously adopted Ordinance .
1F5 a -Wfliat regtiresa traRie Impact sWdy bn suMrii�ad m ih ®City, file fdbvmig must also be submitted:
r A Traffic Impact Study in compliance with Appendix 8 -2(e) of the City's Zoning Ordinance.
Farapropltsel•_ giatrequiresa traffic, im pact anatysisbesubmWtoVfiOT ,thefdlowingmustalsobeaubmlttad;
r Cover sheet.
f- Traffic impact analysis.
F' Concept plan.
r- Proffered conditions, if applicable.
7 Required fee.
'An electronic copy of this application and checklist can be found at www, roanokeva .govlplanningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
NARRATIVE
PROPERTY ADDRESS:
310 SHENANDOAH AVENUE, N.E.
TAX PARCEL NO. 3014019
ACREAGE: 0.7240 ACRE
APPLICANT / OWNER: A & M ENTERPRISES, L.P.
The building at 310 Shenandoah Avenue was constructed in 2002 for use as a
warehouse /distribution facility. It has approximately 8,125 sq. ft. of warehouse space with
approximately 1,900 sq. ft. of office space. With a 24 foot ceiling height and two overhead loading
doors with drive -in access, it was originally occupied by the Roanoke Times for the warehousing
and distribution of its newspapers.
When the property was developed and the current building constructed, the property was
in the I -1 (industrial) zoning district. Warehouse and distribution uses were permitted of right in
that zoning district. As part of the comprehensive rezoning by the City in 2005, however, the
property was rezoned to the D (Downtown) zoning district. It is on the edge, however, of the
Downtown District, adjoining properties zoned 1 -1 and I -2.
The warehouse and distribution use continued as nonconforming uses after 2005 through
the occupancy periods of the Roanoke Times, as well as Bechtel Communications. In November,
2014, the use changed from warehouse and distribution to that of a sports training/fitness facility,
as the building was used by Velocity Roanoke, LLC. Velocity Roanoke, LLC occupied the
building until June, 2017, While Velocity's use was permitted under both the I -1 and D zoning
districts, that use had the effect of interrupting the nonconforming warehouse /distribution use.
Since that "interruption" continued for more than two yews, the nonconforming
warehouse /distribution use cannot be revived.
A regional company now wishes to enter into a long term lease of the property for
warehouse and distribution use. Since the building and site were specifically designed for
warehouse /distribution uses, no exterior modifications to the building or its parking are required.
A & M Enterprises seeks to conditionally rezone the property from the D (Downtown) zoning
district to the I -1 zoning district in order to allow this use. The proffered condition reflects the fact
that the property is at the edge of the Downtown zoning district. Consequently, the permitted uses
are restricted to uses permitted of right in both the D and the I -1 zoning districts, plus the
warehouse and distribution uses. Except for the warehouse and distribution uses, then, no other
uses can be made of the property other than uses already permitted of right.
PROFFERS TO BE ADOPTED ON
ROANOKE CITY TAX PARCEL NO. 3014019
1. The property shall be used only for the following uses:
The following uses which are permitted of right in both the D and I -1 zoning districts:
i. Business service establishment, not otherwise listed;
ii. Financial institution;
iii. Laboratory, dental, medical, or optical;
iv. Laboratory, testing and research;
V. Office, general or professional;
vi. Office, general or professional, large scale;
vii. Animal hospital or veterinary clinic, no outdoor pens or runs;
viii. Caterer, commercial;
ix. Outdoor advertising sign;
X. Studio /multimedia production facility;
xi. Bakery, confectionary, or similar food production, retail;
xii. Dry cleaning and laundry pick -up station;
xiii. General service establishment, not otherwise listed:
xiv. Internet sales establishment;
xv. Motor vehicle rental establishment, without inventory on -site:
xvi. Retail sales establishment, not otherwise listed:
xvii. Commercial printing establishment;
xviii. Workshop;
xix. Amphitheater;
xx. Eating establishment;
xxi. Eating and drinking establishment, not abutting a residential district;
xxii. Entertainment establishment, not abutting a residential district;
xxiii. Health and fitness center;
xxiv. Park or playground;
xxv. Recreation, indoor;
xxvi. Artist studio;
xxvii. Community garden;
xxviii. Educational facilities, business school or nonindustrial trade school;
xxix. Fire, police, or emergency services;
xxx. Government offices or other government facility, not otherwise listed;
xxxi. Post office;
xxxii. Supply pantry;
xxxiii. Limousine service;
xxxiv. Broadcasting studio or station;
xxxv. Utility distribution or collection, basic;
xxxvi. Wireless telecommunications facility, stealth; and
xxxvii. Accessory uses, not otherwise listed.
b. The following additional uses:
xxxviii.
Warehouse.
xxxix.
Distribution Center not otherwise listed
xl.
Microbrewery or microdistillery
s •h7�
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�PyTH OF `f� CH: 120.91' 45'15' W 0.41' FROM CORNER 5 75'02'30' W
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AS —BUILT SURVEY FOR
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NO. 1335
A� SITUATE
AV �6 310 SHENANDOAH AVENUE, N.E.
CITY OF ROANOKE, WRGIN/A
... –
ZONING DISTRICT MAP
310 Shenandoah Avenue, NE
Official Tax Parcel: 3014019
C3 Area to be Rezoned
Zoning
ee,..
AD: Airport Des
IF CG. Commercia FGeneral
CLS Commercial -Large Site
CN. Commercial- Neighborhood
- D: Downtown
-1 Light industrial
-2 Heavy Industrial
-IN institutions
O INPUD. Institutional Planned Unit Rev
- IPUD. Industrial Planned Unit Dev
MX'. Mixed Use
O MXPUD. Mixed Use Planned Unit Dev
R -12: Res Single - Family
R3. Res Single - Family
R -5: Res Single-Family
R -7'. Res Single-Family
RA'. Res- Agricu Aural
RM -1 Res Mixed Density
RM -2 Res Mixed Density
RMF Res Multifamily
- ROS. Recreation and Open Space
- OF Urban Flex
Conditional Zoning
N
w e
0 100 200 Feet +
1__� S
Adjoining Property Owners for 310 Shenandoah Avenue, N.E. (Official Tax Map No. 3014019)
TAXID
MailAddress
MailCity
State
Zip
LocalAddress
LocalCity
Zip
Ownerl
3013705
P2 BOX 8188
ROANOKE
VA
24014
25 WILLIAMSON RD NE
ROANOKE
24016
PHTW LLC
3013717
THREE COMMERCIAL PL
NORFOLK
VA
23510
216 SHENANDOAH AVE NE
ROANOKE
24016
N & W RAILWAY CO
3014018
110 S JEFFERSON ST STE 1200
ROANOKE
VA
24011
317 KIMBALL AVE NE
ROANOKE
24016
A & M ENTERPRISES LP
3014018
110 SJEFFERSON ST STE 1200
ROANOKE
VA
24011
317 KIMBALL AVE NE
ROANOKE
24016
A & M ENTERPRISES LP
3014019
110 S JEFFERSON ST STE 1200
ROANOKE
VA
24011
310 SHENANDOAH AVE NE
ROANOKE
24016
A & M ENTERPRISES LP
3015005
ITHREE COMMERCIAL PL
NORFOLK
VA
23510
435 KIMBALL AVE NE
ROANOKE
24016
NORFOLK AND WESTERN RAILWAY COMPANY
9999999
THREE COMMERCIAL PL
NORFOLK
VA
23510
NORFOLK SOUTHERN RAILROAD
9999999
THREECOMMERCIAL PL
INORFOLK
IVA
1235101
1
NORFOLK SOUTHERN RAILROAD
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - PDV
Aan Donna Payne
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW. SUITE 456
ROANOKE, VA 24011
Account Number
6011439
Date
May 08, 2018
Date
Category
Description
Pl he M e n
Ad Size
TOT,
0511412018
Legal Notices
PUBLIC HEARING NOTICE
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PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
The City of Roanoke Planning Commission public hearing advertised herein will be held on
May 14, 2018, at 1:30 p.m., or as soon as the matter may be heard, in the EOC Conference
Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, to consider this application. The application is available for review in
Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke,
Virginia.
Application by A & M Enterprises L.P. to rezone the property located at 310 Shenandoah
Avenue, N.E., bearing Official Tax Map No. 3014019, from D, Downtown District, to I -1, Light
Industrial District, with conditions. The proffered conditions restrict land uses permitted to those
uses which are permitted in both the D and I -1 districts, with the following additional uses,
warehouse, distribution center not otherwise listed, and microbrewery or microdistillery. 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 small and medium commercial, and does not specify density.
The proposed uses are warehouse and distribution.
Tina M. Carr, Secretary, City Planning Commission
Please note that this is a change in location for the May, 2018, Planning Commission public
hearing only.
City Council will hold a public hearing on the aforesaid application and matter on May 21,
2018, at 7:00 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, May I, 2018, and Tuesday, May 8, 2018.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Planning Coordinator
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
tina.carr @roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
ti EPIIANIf) M. MOON REYNOLDS, MM('
I I,, (lurk
PHTW,LLC
P. O. Box 8188
Roanoke, Virginia 24014
Dear Sir and Madam:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
315 Church Avenue, S. W., Room 456
Itunuoke, Virginia 24011 -1536
Iele,t : (5411) 853 -3541
Fl— (591)X53 -1145
L, n .& fl O k,,,. —okc. n.8m
May 8, 2018
CE('ELIA F. M('('OV
DeymJ ('it, CIO k
('E('ELIA L W ERD, ('M('
AW,tonl DeRm) cup ('lerk
Norfolk Southern Railroad
Three Commercial Place
Norfolk, Virginia 23510
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, May 14, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159,
First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a
request of A & M Enterprises, L.P. to rezone the property located at 310 Shenandoah
Avenue, N.E., from D, Downtown District to 1 -1, Light Industrial District, with conditions.
(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, May 21 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 May 14.
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 Reynol MMC
City Clerk
Enclosure
Maryellen F. Goodlatte, Esquire
Glenn Feldmann Darby & Goodlatte
R O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, May 14, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159,
First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a
request of A & M Enterprises, L.P. to rezone the property located at 310 Shenandoah
Avenue, N.E., from D, Downtown District to 1 -1, Light Industrial District, with conditions.
(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, May 21 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.gov, under "Roanoke Planning
Commission News ", following its meeting on May 14.
If you have questions regarding the Planning Commission public hearing, please
contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sinc ely,
^I W1j M
b I \ �rl
Stephanie M. Moon R Holds 'I
City Clerk
Enclosure
PC: Geoffrey M. Ottaway, General Partner, A & M Enterprises, L.P., P. 0. Box 7427,
Roanoke, Virginia 24019
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
~
215 Church Avenue, S. W., Room 456
Ruattoke, Virginin 24011 -1536
Trlepkune; (540)851-2541
Fe x: (540)853 -1145
STEPIIANIENI. MOON Br:YNOLDS,MM(.
L -nW: rlerk(n¢onnokevn.Xnv
('ECELIA F. MCCOY
lily ('krk
DeVnly ('ily ('lerk
CE('EUA T. W EBB, CM(
Assktnnt DuVn1y CITY Clerk
May 8, 2018
Maryellen F. Goodlatte, Esquire
Glenn Feldmann Darby & Goodlatte
R O. Box 2887
Roanoke, Virginia 24001 -2887
Dear Mrs. Goodlatte:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, May 14, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159,
First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a
request of A & M Enterprises, L.P. to rezone the property located at 310 Shenandoah
Avenue, N.E., from D, Downtown District to 1 -1, Light Industrial District, with conditions.
(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, May 21 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.gov, under "Roanoke Planning
Commission News ", following its meeting on May 14.
If you have questions regarding the Planning Commission public hearing, please
contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sinc ely,
^I W1j M
b I \ �rl
Stephanie M. Moon R Holds 'I
City Clerk
Enclosure
PC: Geoffrey M. Ottaway, General Partner, A & M Enterprises, L.P., P. 0. Box 7427,
Roanoke, Virginia 24019
CITY OF ROANOKE
OFFICE OF T111E CITY CLERK
215 Chnrch Avenne, S. W., Room 456
Roanoke, Virginia 24011 -1536
'I'elephmre: (540)853-2541
Fns: (540)953 -1145
.STEPHANIE M. MOON REYNCB DS, MM(
CECELIA F. MC'C'OY
City ('lerk
Deputy City Clerk
CECELIA T. WEBB, C'M('
Assistnnt Depnty City Clerk
May 22, 2018
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am enclosing copy of Ordinance No. 41139- 052118 authorizing you to execute the
necessary documents providing for the sale and conveyance of the following two
parcels of City owned property described as being (i) an approximate 0.1687 acre
portion of land located at 0 Norfolk Avenue, S. W., Roanoke, Virginia, being a portion of
Official Tax Map No. 4010121; and (ii) an approximate 0.1129 acre portion of land
located at 26 Salem Avenue, S. E., Roanoke, Virginia, being a portion of Official Tax
Map No. 4010118, (collectively, the 'Property "), to Faison Roanoke Office Limited
Partnership, a North Carolina limited partnership, Blue Ridge Highlands, Inc., a Virginia
corporation, William J. Lemon, Sarah L. Ludwig, W. Tucker Lemon, individually, and as
a Trustee of the W. Tucker Lemon 1990 Living Trust, and Stephen W. Lemon, in
various interests as tenants in common, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
Cece a T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Acting Director, Economic Development
jx-�
IN THE COUNCIL OF THE, CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41139 - 052118.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the sale and conveyance of the following two parcels of City owned property
described as being (i) an approximate 0.1687 acre portion of land located at 0 Norfolk Avenue,
S.W., Roanoke, Virginia, being a portion of Official Fax Map No. 4010121; and (ii) an
approximate 0.1129 acre portion of land located at 26 Salem Avenue, S.E., Roanoke, Virginia,
being a portion of Official Tax Map No. 4010118, (collectively, the "Property "), to Faison
Roanoke Office Limited Partnership, a North Carolina limited partnership, Blue Ridge
Highlands, Inc., a Virginia corporation, William J. Lemon, Sarah L. Ludwig, W. Tucker Lemon,
individually, and as a Trustee of the W. Tucker Lemon 1990 Living Trust, and Stephen W.
Lemon, in various interests as tenants in common, upon certain terms and conditions; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on May 21, 2018, pursuant to § §15.2 -1800 and
15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such sale and conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to execute a
Special Warranty decd and all other necessary documents, in a form approved by the City
Attorney, providing for the sale and conveyance of the Property to Faison Roanoke Office
Limited Partnership, a North Carolina limited partnership, Blue Ridge Highlands, Inc., a Virginia
corporation, William J. Lemon, Sarah L. Ludwig, W. Tucker Lemon, individually, and as a
Trustee of the W. Tucker Lemon 1990 Living Trust, and Stephen W. Lemon, in various interests
as tenants in common, being the owners of adjacent real property designated as Official Tax Map
No. 4010117 (commonly known as the Wells Fargo Tower) to such purchasers, in order for such
purchasers to consolidate the Property with their holdings, and as more particularly stated in the
City Council Agenda Report dated May 21, 2018.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
AT
�55 . Q�Cuy Clerk.
O- conveyance to raison Roanoke, et als (5 21 .18)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Public Hearing Regarding Sale of an Approximately 0.1687 Acre
Portion of City -owned Property located at 0 Norfolk Avenue, S.E.,
and an Approximately 0.1129 Acre Portion of City Owned Property
Located at 26 Salem Avenue, S.E.
Background
The City of Roanoke is proposing to sell (i) approximately 0.1687 acres of land
located at 0 Norfolk Avenue, S.E., which is a portion of a parcel bearing Official
Tax Map Number 4010121; and (ii) approximately 0.1129 acres of land located at
26 Salem Avenue, S.E., which is a portion of a parcel bearing Official Tax Map
Number 4010118, (collectively, the Property) to Faison Roanoke Office Limited
Partnership, a North Carolina limited partnership; Blue Ridge Highlands, Inc., a
Virginia corporation; William J. Lemon; Sarah L, Ludwig; W. Tucker Lemon
Individually and as a Trustee of the W. Tucker Lemon 1990 Living Trust; and
Stephen W. Lemon, in various interests as tenants in common (Buyer).
The City proposes to sell the Property for a nominal sum of $10 in order for the
Buyer to consolidate the Property with their holdings, which comprise the Wells
Fargo Tower Building and the adjacent Tower Garage bearing Official Tax Map
Number 4010117. The floors within the Tower Garage bear Official Tax Map
Numbers 4010119 and 4010120 The Property, which the City desires to sell to
the Buyer, is immediately adjacent to the parcel bearing Official Tax Map Number
4010117, and is in certain areas physically integrated into the Wells Fargo Tower
and Tower Garage. The sale of the Property to the Buyer will relieve the City of
future maintenance of the improvements on the Property and return the property
to the tax rolls. The sale of the Property will not have an adverse impact on the
public's access and use of the sidewalks and public spaces around the perimeter
of the Wells Fargo Tower and Tower Garage. As a part of this proposal, the
proposed subdivision and consolidation plat will dedicate an approximately
0.1060 acre portion of City -owned property adjacent to Norfolk Avenue, S.E. and
bearing Official Tax Map No. 4010121 for public streets.
A public hearing is required for the sale of city -owned property
Recommended Action:
Absent comments at the public hearing to the contrary, approve the attached
ordinance authorizing the City Manager at Closing to execute and deliver a
Special Warranty Deed conveying the Property to the Buyer, in a form
substantially similar to that which is attached to this Agenda Report, and
execute such other documents and to take such further actions as may be
necessary to implement, administer, and enforce such transfer of property. All
documents are subject to approval as to form by the City Attorney
-- - �--- _ - - - --
Robert S. Cowell, jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Robert Ledger, Acting Director, Economic Development
Amelia C. Merchant, Director of Finance
DRAFT — MAY 10, 2018
Prepared by: Martin, Hopkins & Lemon, P.C.
Post Office Box 13366
Roanoke, Virginia 24033
Stephen W. Lemon, Esq., VSB ##33900
Returned To:
Tax Map Nos: Portion of 4010121 and 4010 118
NO TITLE SEARCH PERFORMED IN CONVECTION WITH THE PREPARATION
OF THIS DEED.
Title Insurance Underwriter: Unknown
Assessed Value: S (total value of whole parcel — % of
parcel conveyed)
Consideration; $
Exemption Claimed: Grantor is exempted from recordation taxes
and fees pursuant to §58.1 -811 C (4), Code of Virginia.
A. THIS DEED, made and entered into this _ day of
, 2018, by and between, the CITY OF ROANOKE, VIRGINIA, a
Virginia municipal corporation, ( "Grantor ") and FAISON ROANOKE OFFICE LIMITED
PARTNERSHIP, a North Carolina limited partnership, whoseaddress is c/o Faison & Associates, I.I.C,
121 West Trade Street, Suite 2800, Charlotte, NC 28202; BLUE RIDGE HIGHLANDS, INC., a
Virginia corporation, whosc address is PO Box 13366 Roanoke, VA 24033; WILLIAM J. LEMON, a
resident of the Commonwealth of Virginia, whose address is c/o PO Box 13366 Roanoke, VA 24033;
SARAH L. LUDWIG, , a resident of the Commonwealth of Virginia, whose address is c/o PO Box 13366
Roanoke, VA 24033; W. TUCKER LEMON INDIVIDUALLY AND AS TRUSTEE OF THE W.
TUCKER LEMON 1990 LIVING TRUST, a resident of the Commonwealth of Virginia, whoseaddress
is c/o PO Box 13366 Roanoke, VA 24033; and S'T'EPHEN W. LEMON, a resident of the
1
DRAFT -MAY 10, 2018
Commonwealth of Virginia, whose address is c/o PO Box 13366 Roanoke, VA 24033, as tenants in
common in the percentages set forth below (collectively, `Grantccs"),
WITNESSETH:
WHEREAS, the Grantor and Grantees entered into a purchase and sale agreement
dated , whereby the Grantor agreed to convey certain property designated as a
portion of Roanoke Tax Map No. , to the Grantees; and
WHEREAS, City Council for the City of Roanoke, Virginia, authorized the
conveyance of the property described herein to Grantees by Ordinance No. ,
dated
NOW THEREFORE, THAT FOR AND IN CONSIDERATION OF the sum of
in hand, paid by the Grantees and other good and
valuable consideration, the receipt, adequacy and sufficiency of which is hereby
acknowledged, the Grantor does hereby GRANT and CONVEY in fee simple, by Special
Warranty of Title unto the Grantees, their successors and assigns, in the following undivided
interests as tenants in common; FAISON ROANOKE OFFICE LIMITED PARTNERSHIP, an
Forty Point Fifty percent (40.50 %x) undivided interest as a tenant in common; BLUE RIDGE
HIGHLANDS, INC., a Virginia corporation, an Twenty Eight Point Fifty Six percent (28.56 %)
undivided interest as a tenant in common; WILLIAM J. LEMON, an Fifteen Point Forty Seven
percent (15.47 %) undivided interest as a tenant in common; SARAH L. LUDWIG, an Five and
47 /300ths undivided interest as a tenant in common; W. TUCKER LEMON INDIVIDUALLY
AND AS TRUSTEE OF THE W. TUCKER LEMON 1990 LIVING TRUST, an Five and
47 /300ths undivided interest as a tenant in common; and STEPHEN W. LEMON, an Five and
3
DRAFT —MAY 10, 2018
47 /300ths undivided interest as a tenant in common, all those certain lots or parcels of land
lying and being in the City of Roanoke, Virginia, together with all rights and interests therein,
and more particularly described as follows, to -wit:
That 0.1129 acre (4,919 square foot) portion of New Parcel 2C -2 and that 0.1687
acre (7,350 square foot) portion of New Parcel 2C -1 both as delineated on the
Map of Subdivision for The City of Roanoke prepared by Hayes, Seay, Mattern
& Mattem, under date of August 18, 1994 of record in Map Book I at page 1340
in the Clerk's Office of the Circuit Court for the City of Roanoke, which plat is
incorporated by reference herein being combined with New Parcel 1 -C as
delineated on the Map of Resubdivision for Faison Roanoke Office Limited
Partnership and City of Roanoke prepared by T. P. Parker & Son, Engineers -
Survcyors- Planners, under date of July 20, 1990 of record in Map Book I at
page 989 in the Clerk's Office of the Circuit Court for the City of Roanoke,
which plat is incorporated by reference thereby creating Parcel I -Cl as more
particularly shown on Plat of Partial Survey for Faison Roanoke Office Limited
Partnership, a North Carolina Limited Partnership, William J. Lemon, Blue
Ridge Highlands, Inc., Sarah L. Ludwig, W. Tucker Lemon individually and as
trustee of the W. Tucker Lemon 1990 Living Trust, and Stephen W. Lemon &
the City of Roanoke prepared by Alan Clemons, LS No. 002823 bearing date
March 21, 2018 and recorded in the Clerk's Office of the Circuit Court for the
City of Roanoke immediately prior to this deed (the "Plat ").
BEING part of the same property conveyed to City of Roanoke, a municipal
corporation organized and existing under the laws of the Commonwealth of
Virginia, by Deed dated_ , from and
recorded in the Clerk's Office of [he Circuit Court for the City of Roanoke,
Virginia, as Instrument No.
Together with and subject to the duties, restrictions and benefits relating to same
set forth in Reciprocal Operating Agreement dated September 16, 1991 recorded
in Deed Book 1645 at page 1188 in the Clerk's Office of the Circuit Court for
the City of Roanoke as amended by Deed of Correction; Quitclaim Deed and
Modification of Reciprocal Operating Agreement dated February 22, 1996
recorded in Decd Book 1758 at page 342 in the Clerk's Office of the Circuit
Court for the City of Roanoke (collectively, the "REA "), including the use
restrictions set forth in Section 12.2 of the REA.
To have and to hold unto the Grantees, their successors and assigns
forever. This conveyance is made expressly subject to all recorded conditions,
DRAFT MAY 10, 2018
easements and restrictions affecting title to the property herein conveyed, including,
without limitation all encumbrances and restrictions depicted on the Plat.
WITNESS the following signatures and seals:
GRANTOR:
CITY OF ROANOKE, VIRGINIA, a Virginia
municipal corporation
0
Robert S. Cowell, Jr., City Manager
STATE OF VIRGINIA )
CITY /COUNTY OF ) to -wit:
The foregoing instrument was acknowledged before me this day of
, 2018, by Robert S. Cowell, Jr., the City Manager for the City of Roanoke,
Virginia, for and on behalf of the City.
My commission expires:
Notary Public
Registration
DRAFI -MAY 10,2015
Grantees hereby accept the property described above on the terms and conditions stated
herein and assume and agree to be bound by the REA with respect to the property
conveyed by this deed as set forth in Section 11. 1 of the REA.
FAISON ROANOKE OFFICE LIMITED PARTNERSHIP
By: Faison Enterprises, Inc., general partner
By:
Name:
Title:
STATE OF
CITY /COUNTY OF
to -wit:
The foregoing instrument was acknowledged before me this day of
, 2018, by the , of Faison
Enterprises, Inc. for and on behalf of Faison Roanoke Office Limited Partnership.
My commission expires:
Notary Public
Registration No
WRAF I -MAY 10, 2018
BLUE RIDGE HIGHLANDS, INC.
By:
Name:
Title
STATE OF
CITY /COUNTY OF
The foregoing instrument
2018,by
Highlands, Inc.
My commission expires:
to -wit:
was acknowledged before me this day of
the of Blue Ridge
Notary Public
Registration
DRAFT- MAY 10,2018
WILLIAM J. LEMON
STATE OF )
CITY /COUNTY OF ) to -wit:
The foregoing instrument was acknowledged before me this day of
2018, by William J. Lemon.
My commission expires:
Notary Public
Registration
DRAFT MAY 10, 2018
SARAH L. LUDWIG
STATE OF _ )
CITY /COUNTY OF ) to -wit:
The foregoing instrument was acknowledged before the this day of
2018, by Sarah L. Ludwig.
My commission expires:
Notary Public
Registration
DRAFT - MAY 10.2018
W. TUCKER LEMON INDIVIDUALLY AND AS TRUSTEE OF THE W. TUCKER
LEMON 1990 LIVING TRUST
STATE OF )
CITY /COUNTY OF ) to -wit:
The foregoing instrument was acknowledged before me this _ day of
2018, by W. Tucker Lemon individually and as trustee of the W.
Tucker Lemon 1990 living trust.
My commission expires:
Notary Public
Registration
DRAFT - MAY 10, 2018
STEPHEN W. LEMON
STATE OF
CITY /COUNTY OF
to -wit:
The foregoing instrument was acknowledged before me this day of
2018, by Stephen W. Lemon.
My commission expires:
Notary Public
Registration No
10
DRAFI —MAY 10, 2018
Approved as to Fonn:
Assistant City Attorney
11
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKIL CI ERKS GIIICE
Ann RBRIAN TOWNSLND
215 CHURCH AVE SW
ROOM 456
ROANOKE. VA 24011
Account Number
606]932
Date
May 14, 2018
Date
Category
Description
Ad No,
Total Coel
0512012018
Legal Notices
NOTICE OF PUBLIC HEARING
Pursuant to the requirements
1x841
453.04
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
051412018
The First insertion being given ... 05114!2018
Newspaper reference: .0000753210///n/
Billing Representative
Sworn to and subscribed before me this Monday, May 14, 2018
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Notary ubli �ti r.- pUI, lC c
State of Virginia = * : F:eG.: %132164 {;
htY COMF.5�0i�: K_
City/County of Roanoke c-
My Commission expires
'1BMAY-16N2
;4B . O.k�4,
ALtt p40"
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
Pursuant to the requirements of Sections 15.2 - 1800.11 and 15.2 -1813, Code of Virginia
(1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a
public hearing on May 21, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard,
in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011, whereby the City of Roanoke (City) proposes to
convey certain real properties located at (i) 0 Norfolk Avenue, S.E., Roanoke, Virginia,
consisting of approximately 0.1687 acres of land, being a portion of City -owned property,
designated as Official Tax Map No. 4010121; and (ii) 26 Salem Avenue, S.E., Roanoke,
Virginia, consisting of approximately 0.1129 acres of land, being a portion of City -owned
property, designated as Official Tax Map No. 4010118 (Property) in various interests as tenants
in common to Faison Roanoke Office Limited Partnership, a North Carolina limited partnership,
Blue Ridge Highlands, Inc., a Virginia corporation, William J. Lemon, Sarah L. Ludwig, W.
'fucker Lemon, individually, and as a "Trustee of the W. Tucker Lemon 1990 Living Trust, and
Stephen W. Lemon, (collectively, (Buyer)), being the owners of adjacent real property
designated as Official Tax Map No. 4010117 (commonly known as the Wells Fargo Tower) for
the sum of $10.00. The property is more particularly described on a "Plat of Partial Survey for
Faison Roanoke Office Limited Partnership, a North Carolina Limited Partnership, William J.
Lemon, Blue Ridge Highlands, Inc., Sarah L. Ludwig, W. Tucker Lemon individually and as
Trustee of the W. Tucker Lemon 1990 Living Trust, and Stephen W. Lemon & the City of
Roanoke, dated March 21, 2018 ".
A copy of the proposed Plat and Ordinance will be available at the City Clerk's Office,
Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011, on and after Monday, May 14, 2018. For further information on the matter, you may
contact the Office of the City Clerk at (540)853 -2541.
All parties and interested entities may appear on the above date and time to be heard on
the above matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, May 17,
2018.
Given under my hand this 10 day of May, 2018.
Stephanie M. Moon Reynolds, MMC,
City Clerk
Note to Publisher
Please publish once in The Roanoke Times, legal notices, on Monday, May 14, 2018
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
4" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Phone: (540) 853 -2541
Send Invoice to:
R. Brian Townsend, Assistant City Manager for Community Development
3`d Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540) 853 -2333
CECELIA T. WEBB, CHIC
May 22, 2018 Assistant Depnty ('iry Clerk
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am enclosing copy of Ordinance No. 41140- 052118 authorizing the proper City
officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ")
between the City of Roanoke, Virginia ( "City "), and RYT, L.L.C. ( "Buyer'), to sell to
Buyer an approximately 1.2106 acres of a portion of City -owned property, together with
the Building situated thereon, located at 201 Carver Avenue, N. E., Roanoke, Virginia,
which parcel consists of a portion of City -owned property designated as Official Tax
Map No. 2041817, .upon certain terms and .conditions; and authorizing you to execute
such further documents and take such further actions as may be necessary to
accomplish the above matters.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Acting Director, Economic Development
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF "1'HF, CITY CLERK
215 C'hnrdi Avenue, S. W., Runm 456
Rmmoke, Virginia 24011 -1536
'1'elennone: (54110 953-254 1
htd (540)R534145
.S1 EPBANIE M. MOON REVNOLDS, MM(
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Dgntly City Clerk
CECELIA T. WEBB, CHIC
May 22, 2018 Assistant Depnty ('iry Clerk
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am enclosing copy of Ordinance No. 41140- 052118 authorizing the proper City
officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ")
between the City of Roanoke, Virginia ( "City "), and RYT, L.L.C. ( "Buyer'), to sell to
Buyer an approximately 1.2106 acres of a portion of City -owned property, together with
the Building situated thereon, located at 201 Carver Avenue, N. E., Roanoke, Virginia,
which parcel consists of a portion of City -owned property designated as Official Tax
Map No. 2041817, .upon certain terms and .conditions; and authorizing you to execute
such further documents and take such further actions as may be necessary to
accomplish the above matters.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Acting Director, Economic Development
Cassandra L. Turner, Economic Development Specialist
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41140 - 052118.
AN ORDINANCE authorizing the proper City officials to execute a Contract for
Purchase and Sale of Real Property ( "Contract') between the City of Roanoke, Virginia ( "City "),
and RYT, L.L.C. (`Buyer'), to sell to Buyer an approximately 1.2106 acres of a portion of City -
owned property, together with the Building situated thereon, located at 201 Carver Avenue, N.E.,
Roanoke, Virginia, which parcel consists of a portion of City -owned property designated as
Official Tax Map No. 2041817, upon certain terms and conditions; authorizing the City Manager
to execute such further documents and take such further actions as may be necessary to
accomplish the above matters; and dispensing with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on May 21, 2018, pursuant to Section 15.2 -1800
and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
t. The City Manager is hereby authorized on behalf of the City to execute a sales
Contract, substantially similar to the Contract attached to the City Council Agenda Report to this
Council dated May 21, 2018, to sell to Buyer an approximately 1.2106 acres of a portion of City -
owned property, together with the Building situated thereon ( "Property "), the Property being a
portion of City -owned property located at 201 Carver Avenue, N.E., Roanoke, Virginia, which
parcel is designated as Official Tax Map No. 2041817 for the purchase price of $72,733, upon
certain terms and conditions, as more particularly set forth in the above - mentioned Agenda
Report.
O- Autlmnze convact baween 0tyand RY 1, L1,C- TM2041817 (201 CarvcrAve) (5 21 .18)
2. The City Manager is further authorized to execute such further documents,
including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in
accordance with the terms of the Contract, and take such further actions as may be necessary to
implement, administer, and enforce the Contract, and complete the sale and transfer of the
Property to the Buyer.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the Buyer pursuant to the Contract.
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
AT
�Ciry Clerk.
0 ALMOnzn contract bcoxven City and RY 1, LLCTM2041817 (201 Carver Ave) (521.18) 2
(are;
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Request for Sale of Approximately 1.2106 Acres of City -owned
Property located at 201 Carver Avenue, N.E.
Background:
The City of Roanoke is proposing to sell approximately 1.2106 acres of land
located at 201 Carver Avenue, N.E., bearing Official Tax Map Number 2041817,
(Property) to RYT, L.L.C., a Virginia limited liability company (Buyer). The Buyer
proposes to pay $72,733 for the Property, and assume other performance
obligations, for the purpose of constructing parking on the Property in order to
facilitate the construction of a building to expand the existing wrecker sales,
installation, and service business on adjacent property identified as 210 Carver,
N.E., bearing Official Tax Map Number 2041341, (Adjacent Parcel).
Buyer will have a 90 day due diligence period after the execution of the Contract
for Purchase and Sale of Real Property (Contract), and shall not be obligated to
purchase the property without successfully obtaining a final approval from the
City of Roanoke to rezone the Property to an appropriate zoning district that
permits, as a matter of right, the construction of the use contemplated by the
Contract on the Property and Adjacent Parcel.
Recommended Action:
Absent comments at the public hearing to the contrary, approve the attached
ordinance authorizing the City Manager to execute a contract substantially
similar to the Contract attached to this Agenda Report; and at Closing, execute
and deliver a Special Warranty Deed conveying the Property to R.Y.T., L.L.C.;
and execute such other documents and to take such further actions as may be
necessary to implement, administer, and enforce such Contract. All documents
are subject to roval as to form by the City Attorney.
- - -- - - -- --------------- -
Robert :'Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Acting Director Economic Development
Cassandra L. Turner, Economic Development Specialist
DRAFT DATE: MAY 11, 2018
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract for Purchase and Sale of Real Property (Contract) is dated May ,
2018, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal
corporation ( "Seller" or "City "), and RYT, L.L.C., A Virginia limited liability company
( "Buyer ").
RECITALS:
WHEREAS, Seller is the owner in fee simple of certain real property located at
201 Carver Avenue, N.E., Roanoke, Virginia 24012, Official Tax Map No. 2041817,
containing approximately 1.2106 acres, together with all improvements thereon, as
shown and described more particularly in Section 1 of this Contract ( "Property ");
WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is
desirous of acquiring such Property for the purposes of constructing parking on the
Property in order to facilitate the construction of a building to expand the existing
wrecker sales, installation, and service business on the Adjacent Parcel ( "Contemplated
Use ");
WHEREAS, the Property has an assessed value of $158,200, and Seller will sell
the Property to Buyer for the sum of $72,733 a price less than the assessed value
provided Buyer fully complies with all terms and conditions as set forth in this Contract
and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to
Seller for remedies set forth hereinafter or for such other remedies available to Seller as
set forth in this Contract or by law;
THEREFORE, for and in consideration of the mutual covenants and conditions
herein set forth in this Contract including the Recitals above, which Recitals are
incorporated herein and made a part of this Contract and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by the parties hereto,
Seller and Buyer hereby agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the
following terms shall have the meanings set forth in this Section:
Adjacent Parcel: The real property owned by Buyer located at 210 Carver Avenue,
N.E., Roanoke, Virginia 24012, Official Tax Map No. 2041341, on which Adjacent
Parcel Buyer operates wrecker, sales, installation, and service business.
Closine: The consummation of this Contract by Seller's delivery of a Special Warranty
Deed to the Property to Buyer.
Closing Date: The date provided for in Section l 1 hereof for the Closing
DRAFT DATE: MAY 11, 2018
Construction Activity: The receipt of all Permits and Approvals and the initiation of
site work on the Property by Buyer.
Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer
has commenced Construction Activity to the reasonable satisfaction of Seller, which date
shall be no later than three hundred sixty -five (365) days after the Closing Date.
Contemplated Use: The development of the Property by Buyer for the purpose
described in the Recitals to this Contract. Development shall include the construction of
parking on the Property and construction of an approximately 11,200 square foot building
on the Adjacent Parcel, all as more particularly depicted and described in Exhibit A
attached hereto and made a part hereof. The new construction on both the Property and
Adjacent Parcel shall comply with all applicable zoning and building regulations
including screening requirements.
Days: Unless otherwise stated, this term means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record,
this Contract, the Restrictive Covenant, and as set forth in the Title Commitment. The
Deed shall also be subject to all obligations of Buyer under the terms of this Contract.
Deposit: The sum of One Thousand Dollars ($1,000.00) paid by Buyer as a deposit for
the Purchase Price. The Deposit shall be held by Seller in a non - interest bearing account
maintained by the City Treasurer and shall be applied to the Purchase Price at Closing,
or otherwise retained by Seller or returned to Buyer in accordance with the terms of this
Contract.
Governmental Authority: Govermnental Authority means the United States of
America, the Commonwealth of Virginia, any other state of the United States, the City,
any Federal, state, regional, or local body, commission, or agency having jurisdiction
with respect to the construction, development, occupancy, use, and operation of the
Property as contemplated in the Project.
Notice on Restriction on Transfer: The notice to be executed by Buyer and recorded in
the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia providing notice
that, pursuant to Section 4.B. 8 of this Contract, Buyer has imposed a restriction on the
transfer of the Adjacent Parcel.
Permits and Approvals: All permits, approvals, consents, and authorizations issued by
a Governmental Authority that are required for the construction, and use of the Property
as contemplated in the Project, all such permits, approvals, consents, and authorization
having been finally issued and subject to no condition unacceptable to Buyer and subject
to no appeal.
Project: Development of the Property and Adjacent Parcel for the Contemplated Use
DRAFT DATE: MAY 11, 2018
Property: The real property located at 201 Carver Avenue, N.E., Roanoke, Virginia
24012, designated as Official Tax Map No. 2041817, and containing approximately
1.2106 acres, together with all improvements thereon. The Property is described as a
portion of the property conveyed to Seller by deed of Fred C. Ellis, dated January 22,
2002, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia as Instrument No. 020001410. The description of the Property may be amended
to reflect the description established by survey in the event that Buyer has the Property
surveyed prior to Closing.
Purchase Price: The sum of $72,733.00 to be paid by Buyer for the acquisition of the
Property from Seller.
Restriction on Transfer Covenant: The restriction on transfer of (i) title to the Property,
any portion thereof, or any interest therein, all as set forth in Section 4. B. 8 of this
Contract and the Deed; or (ii) title to the Adjacent Parcel, any portion thereof, or any
interest therein, all as set forth in Section 4. B. 8 of this Contract and the Notice on
Restriction on Transfer.
Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to
perform all obligations of Buyer as set forth in Sections 4.B. 1 through 7, of this Contract.
Substantial Completion Substantially Complete or Completed or Substantial
Conformance: Development of the Property by Buyer in accordance with the
Contemplated Use and where a final certificate of occupancy has been issued to Buyer
from the City of Roanoke, Department of Planning, Building, and Development for the
Project.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property
to be issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to
Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase, the
Property from Seller, upon all the terns, covenants, and conditions set forth in
this Contract.
B. The purchase price for the Property ( "Purchase Price ") shall be Seventy -Two
Thousand Seven Hundred and Thirty -Three Dollars ($72,733.00) payable in cash
or certified check from Buyer to Seller at Closing, together with the other
obligations of Buyer as set forth in this Contract. Upon execution of this Contract,
Buyer shall pay the Deposit to Seller.
DRAFT DATE: MAY 11, 2018
SECTION 3. CONDITIONS PRIOR TO CLOSING
A. I. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Seller,
as of the Closing, shall have complied with Seller's representations and
warranties in Section 10 of this Contract, the fulfillment to Buyer's
reasonable satisfaction of Seller's delivery to Buyer on the Closing Date
of title to the Property and other documents as prescribed in Section 11,
Buyer shall have obtained all Permits and Approvals, and Buyer shall be
satisfied with the results of its due diligence and inspections undertaken
pursuant to Section 16.
2. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Buyer
shall have obtained final approval to rezone the Property and the Adjacent
Parcel to an appropriate zoning district that permits, as a matter of right,
the constmction of the Project and the operation of the Contemplated Use
on the Property and Adjacent Parcel. Buyer shall initiate such proceedings
within sixty (60) Days after execution of this Contract and diligently
pursue such approval. Subject to review of the application, Seller will
cooperate with Buyer in submitting the application to rezone the Property
by executing such application as the owner of the Property.
3. As a condition precedent to Seller's obligation to sell the Property or
otherwise to perform any obligations provided for in this Contract, Buyer,
as of the Closing, shall have complied with Buyer's obligations,
representations, and warranties in this Contract.
B. Buyer and/or Seller may, at any time on or before the Closing Date, at its
respective election, waive in writing any of the other party's conditions precedent
referenced in this Section 3, and Buyer's and Seller's consummation of the
transaction on the Closing Date shall waive all such conditions precedent.
C. In the event that the Closing has not occurred, through no fault of Seller on or
before the Closing Date, Seller, by written notice given to Buyer, shall provide
Buyer with a ten (10) Day cure period from the Closing Date in which to deliver
the Purchase Price and proceed with Closing. If Closing has not occurred within
such additional time period through no fault of Seller, this Contract shall
automatically be terminated without any further action. In the event of any
termination as set forth in the preceding sentence, this Contract shall be deemed
terminated and of no further force and effect and the Deposit shall be retained by
Seller. In the event that the Closing has not occurred on or before the Closing
Date through no fault of Buyer, Buyer, by written notice to Seller, shall provide
Seller with a ten (10) Day cure period from the Closing Date in which to proceed
with Closing. If Closing has not occurred within such additional time period
through no fault of Buyer, this Contract shall be automatically be terminated
DRAFT DATE: MAY 11, 2015
without any further action. In the event of any termination as set forth in the
preceding sentence, this Contract shall be deemed terminated and of no further
force and effect, and the Deposit shall be returned to Buyer.
D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within
a reasonable period of time after receipt of any preliminary or final survey, test
results or conclusory reports and opinion statements, deliver copies of same to
Seller. If Seller so requests, Buyer shall also turn over copies of raw data
obtained and any laboratory and observation reports or analyses. Such copies of
all the above shall be provided to Seller without charge. Neither Buyer or the
provider of the report makes any representations or warranties to Seller about
such reports or opinions and Seller may not rely on such information.
E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees,
designees, representatives and consultants, shall at all times comply with all
applicable federal, state, and local laws, rules, and regulations. Buyer, its officers,
agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, prior to exercising any rights under this Section 3,
shall obtain, at their cost, any and all Permits and Approvals for such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
I. Seller's Obligations.
At the Closing, Seller agrees to sell to Buyer the Property and deliver the
Deed to Buyer in accordance with the terms of this Contract.
2. Buyer's Obligations.
Buyer agrees and promises that it will do and /or has done the following at
Closing:
(i) Buyer will purchase the Property from Seller for the Purchase
Price and will make payment in accordance with the terms of this
Contract.
(ii) Buyer accepts the Property in an "AS IS" condition and
acknowledges and agrees that Seller makes no representations or
warranties with respect to the Property other than what is contained
within this Contract. Buyer agrees that Buyer is taking the
Property without any warranties or representations from Seller
(other than the warranties and representations set forth in Section
10 below) and that Buyer has had sufficient opportunities to fully
DRAFT DATE: MAY 11, 2018
examine the Property, and that Buyer shall comply with all
environmental and other laws in developing the Property.
(iii) Buyer shall promptly pay for all advertising costs and any related
fees or costs connected with this Contract and/or the sale of the
Property, including, but not limited to costs for any advertisement
of required public hearing(s). Such payment shall be made directly
to the entity providing the advertising or other service, or to the
City, as the City may direct.
(iv) Buyer agrees that the conditions and obligations of Buyer set forth
in Section 4B under this Contract are conditions and obligations
that shall be incorporated either directly or by reference in any
deed to the Property from Seller to Buyer, shall survive Closing,
and shall be binding on Buyer's successors and assigns.
B. Post - Closing Performance Obligations of Buyer.
Buyer acknowledges and agrees that a part of the consideration for the Seller is
the Buyer's commitment to develop the Project and the performance of this
commitment. Buyer agrees to perform each of the following obligations in
accordance with the terms and conditions set forth in this Contract.
Buyer will develop the Property and Adjacent Parcel in accordance with
the Project. Completion of this development shall be pursued diligently
and timely by Buyer and Buyer shall be solely responsible for satisfying
its obligations hereunder subject to delays caused by events set out in
Section 31 of this Contract.
2. Buyer shall commence Construction Activity by the Commencement Date
to the reasonable satisfaction of Seller. For the purposes of this Contract,
"Construction Activity" shall mean: Buyer has hired a contractor or
contractors to construct and complete the Project and that such
contractor(s) has obtained the required building permits and licenses and is
actively working on the Project and will continue to do so, subject to
delays caused by events set out in Section 31 of this Contract, without
interruption, until the Project is completed. Failure to meet these
requirements shall be a material breach of this Contract for which Seller
shall have its remedies as set forth in Section 4.13.4 hereof.
3. All design, engineering, demolition, and construction work necessary to
complete the Project shall be Substantially Completed by one thousand
and ninety -five (1,095) days after the Closing Date. In the event that
Buyer fails to Substantially Complete the Project in accordance with this
Section, Buyer shall be in material breach of this Contract for which Seller
shall have its remedies as set forth in Section 4.B.4 hereof.
DRAFT DATE: MAY 11, 2018
4. If the Buyer fails to commence Construction Activity on the Adjacent
Parcel within three hundred sixty -five (365) days after the Closing Date,
as provided in Section 4.13.2. of this Contract, or Buyer fails to
Substantially Complete all work for the Project on the Property and the
Adjacent Parcel within one thousand and ninety -five (1,095) days after the
Closing Date as set forth in Section 4.B.3. of this Contract, the Seller shall
have the right to call upon the Buyer to pay Eighty-Seven Thousand Two
Hundred Sixty -Seven Dollars ($87,267), the entire amount of which Buyer
shall be obligated to pay to the Seller without delay, but in no event later
than fifteen (15) days after receipt of Seller's demand for payment. The
parties recognize that the Seller will suffer damages if the Buyer fails to
comply with the terms of this Contract. The parties also recognize the
delays, expense, and difficulties involved in proving the actual loss or
damages the Seller will suffer if Buyer fails to comply with this Contract.
Therefore, the Buyer hereby agrees to provide the amount specified in this
section as liquidated damages for loss and damages to the Seller for
Buyer's failure to comply with any of the terms of this Contract, but not as
a penalty, and Seller shall have no other remedies against Buyer.
5. All undisputed payments to contractors for the design, engineering,
demolition, and construction work necessary to complete the Project in
accordance with Buyer's Proposal in accordance with the Plans shall be
paid by Buyer to all contractors and subcontractors within 60 days
following Substantial Completion of the Project.. In the event that Buyer
fails to make all payments to contractors and subcontractors in accordance
with this Section, Buyer shall be in material breach of this Contract for
which Seller shall have its remedies, at law or in equity, together with its
remedies as set forth in Section 15.0 hereof.
6. Buyer shall file all appropriate and applicable real estate taxes, other taxes,
stormwater utility fees, other fees assessed against owners of real property,
and other tax forms or notices with the City and timely pay all such taxes
and fees to the City, arising after the Closing, as of 12 months after the
Closing Date. In the event that Buyer fails to file tax forms or notices or
timely pay such taxes and fees in accordance with this Section, Buyer
shall be in material breach of this Contract for which Seller shall have its
remedies, at law or in equity, together with its remedies as set forth in
Section 15.0 hereof.
7. Buyer agrees to and shall provide written progress reports (which may be
by email) to the Seller's Assistant City Manager for Community
Development four times a year, on the 1 st day of the months of January,
April, July, and October subsequent to Closing and until Substantial
Completion. Such progress reports shall provide the Seller with sufficient
information regarding Buyer's status as to performance of Post - Closing
DRAFT DATE: MAY 11, 2018
activities to meet the terms of this Contract and to alert Seller to any
issues, problems, or delays that Buyer has encountered or anticipates
Buyer may encounter.
8. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or
otherwise dispose of (i) the Property or the Adjacent Parcel; (ii) any
portion of the Property or the Adjacent Parcel; (iii) or any interest in the
Property or the Adjacent parcel, other than a deed of trust or mortgage in
connection with the development and construction of the Project, until the
Property and the Adjacent Parcel have been developed completely in
accordance with the Project, and a final, permanent certificate of
occupancy issued by the City of Roanoke Department of Planning,
Building, and Development has been granted to Buyer for the parking
developed on the Property and the building constructed on the Adjacent
Parcel pursuant to the Project. Buyer imposes the Restriction on Transfer
Covenant on the Property and the Adjacent Parcel.. If Buyer conveys,
transfers, or attempts to convey or transfer, prior to Substantial
Completion of the Project (i) the Property or the Adjacent Parcel; (ii) any
portion of the Property or the Adjacent Parcel; (iii)or any interest in the
Property or the Adjacent Parcel; any such conveyance shall be deemed
void, of no force or effect, and a breach of this Contract. Seller shall have
the remedies set forth herein and in Section 15.B. of this Contract for such
breach. Any deed of trust shall be expressly subordinate to the rights and
remedies of Seller set forth in this Contract. Notwithstanding any of the
foregoing, there shall be no restriction on Buyer transferring the Property
or the Adjacent Parcel or any interest therein at any time to any wholly
owned subsidiary of Buyer, subject to the terms of this Contract.
C. Obligations Survive Closet
Buyer agrees that the conditions and obligations of Buyer under Section
4.B. of this Contract are conditions and obligations that shall be
incorporated either directly or by reference in any deed to the Property
from Seller to Buyer, shall survive Closing, and shall be binding on
Buyer's successors and assigns. These conditions and obligations of the
Buyer which survive the Closing shall run with the land. Upon the written
request of Buyer after satisfaction of one or more conditions or obligations
by Buyer which survived the Closing, the City shall verify satisfaction of
such conditions or obligations by Buyer and, upon verification, the City
shall execute and deliver to Buyer a document in which the City
acknowledges the satisfaction of such conditions or obligations of the
Buyer which survived the Closing. Such document shall be in a form
suitable for recording in the Clerk's Office of the Circuit Court for the
City of Roanoke, Virginia. The form of the document shall be approved by
the City Attorney and shall acknowledge satisfaction of only those
conditions or obligations of Buyer specifically set forth in such document
DRAFT DATE: MAY 11, 2018
and shall further provide that all other conditions and obligations of Buyer
(except for those previously satisfied and acknowledged by the City in
writing) remain in full force and effect If requested by Buyer, the City
shall provide a separate document following the satisfaction of each
condition or obligation of the Buyer hereunder. The Buyer shall be
responsible for the costs of recording each such document.
SECTION 5. COMPLIANCE WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state, and local laws,
ordinances, and regulations, including all applicable licensing requirements. Buyer
further agrees that Buyer does not, and shall not during the performance of this Contract,
knowingly employ an unauthorized alien as defined in the federal Immigration Reform
and Control Act of 1986.
Buyer acknowledges and agrees that (i) the Project is subject to all applicable ordinances,
regulations and rules of each Governmental Authority having jurisdiction over the
Project; and (ii) approval of this Contract by Roanoke City Council does not obligate City
Council or any department or agency of the City to grant any permit or approval required
by Buyer from the City to develop, construct, and operate the Project.
SECTION 6. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written
consent of Seller, which will not be unreasonably withheld, and any such assignment
shall not relieve Buyer from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to indemnify and hold harmless Seller and its officers, agents, and
employees free and harmless for and from any and all claims, causes of action, damages
or any liability of any type, including reasonable attorney's fees, on account of any
claims by or any injury or damage to any persons or property growing out of or directly
or indirectly resulting or arising in any way out of any actions, omissions, or activities of
Buyer or its agents, employees, contractors, or representatives arising out of or connected
in any way to any of the matters involved in this Contract or any performance thereunder.
Buyer's indemnity obligations hereunder shall be subject to the provisions of Section
16.13.3. of this Contract.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of
competent jurisdiction, which shall be the Circuit Court or General District Court for City
of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the
Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions
which shall not apply, and that all claims, disputes and other matters shall be decided
DRAFT DATE: MAY 11, 2018
only by such court according to the laws of the Commonwealth of Virginia as aforesaid.
Buyer further waives and agrees not to assert in any such action, suit or proceeding, that
it is not personally subject to the jurisdiction of such courts, that the action, suit or
proceeding, is brought in an inconvenient forum or that the venue of the action, suit or
proceeding, is improper.
SECTION 9. EASEMENTS.
Buyer promises and agrees to grant and dedicate to Seller and /or the Western Virginia
Water Authority, at any time before Substantial Completion, all reasonably necessary
easements on Buyer's Property for the construction of infrastructure improvements
needed for or benefiting the Property and which easements are necessary to and
benefitting the development of the Project in accordance with Buyer's Proposal,
including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost
to the Seller and/or the Western Virginia Water Authority.
SECTION 10. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this
Contract, Seller warrants and represents that Seller will, in accordance with this
Contract, convey title to the Property in an AS IS condition and subject to any
items of record.
B. Seller further represents and warrants with respect to the Property that
1. Title. Seller has title to the Property subject to any restrictions of record.
Seller is the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent
domain as to any part of the Property or the limiting or denying of any
right of access thereto.
3. Taxes. Seller has heretofore paid any taxes due and owing with respect to
the Property, and has no knowledge of, nor has it received any notice of,
any special taxes or assessments relating to the Property or any part
thereof.
4. Hazardous Materials. Seller makes no warranties or representations of
any type regarding hazardous materials of any type.
5. No Leases. There are no leases of the Property.
6. Access. Ingress to and egress from the Property is available and provided
through Carver Avenue, N.B,
10
DRAFT DATE: MAY 11, 2018
SECTION 11. TITLE AND CLOSING.
A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the
following:
1. Ad valorem real property taxes and stormwater utility fees due for the
current year, not yet due and payable;
2. The Restriction on Transfer Covenant;
3. The Restrictive Performance Covenant;
4. Those other matters of title to which Buyer has not objected to in writing;
5. Those matters reflected on the survey, if prepared for Buyer, to which
Buyer has not objected to in writing, or, in the event that Buyer does not
perform a survey prior to Closing, all matters that would be revealed by an
accurate ground survey of the Property;
6. Easements, encumbrances, encroachments, and other restrictions of record
as of the date of execution of this Contract; and
7. Other standard exceptions contained in a Title Policy as defined in
Section I I.B. below.
B. Delivery of title in accordance with the foregoing shall be evidenced by the
willingness on the Closing Date of the Title Company to issue, upon payment of
its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title
Insurance (the "Title Policy') insuring Buyer in the amount of the Purchase Price
in respect to the Property and that title to the Property is vested in Buyer subject
only to the Conditions of Title.
C. Buyer and Seller shall consummate and complete the Closing of this transaction
no sooner than thirty (30) days but no later than sixty (60) days after satisfaction
of all conditions set forth in Section 3. Buyer shall designate the specific date on
which the Closing shall occur within such period set forth above at least ten (10)
business days prior to the Closing Date. Under no circumstance shall the Closing
occur later than October 1, 2018, unless Seller grants further extension periods.
D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City
Attorney, or at such other location, date, and time as shall be approved by Buyer
and Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer
the following documents:
11
DRAFT DATE: MAY 11, 2018
a) Its duly executed and acknowledged Deed conveying to Buyer the
Property in accordance with the provisions of this Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work
has been performed on the Property by Seller in the one hundred
twenty -five (125) days immediately preceding the Closing Date
that could result in a mechanic's lien claim, or, if such work has
been performed, it has been paid for in full;
C) Such evidence and documents including, without limitation, a
certified copy of the ordinance adopted by Seller, as may
reasonably be required by the Title Company evidencing the
authority of the person(s) executing the various documents on
behalf of Seller in connection with its sale of the Property;
d) A duly executed counterpart of a Closing Statement;
e) Notice of Restriction on Transfer which shall be executed by
Buyer and recorded in the chain of title of the Adjacent Parcel in
the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia; and
f) Any other items required to be delivered pursuant to this Contract
or other items reasonably required by the Title Company and that
do not include the payment of money, indemnity, or assumption of
any liability or obligation.
E. At Closing, real property taxes (if any), and storm water utility fees (if any) shall
be prorated with Buyer being responsible for all periods.
F. Buyer shall pay for (i) the cost of all investigations of the Property including but
not limited to examination of title and title insurance premiums for issuance of the
Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to
Buyer; and (iii) any Grantee's tax and recording costs required to be paid in
connection with the recording of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for
Seller, if any.
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing
Date, subject to the provisions of this Contract.
12
DRAFT DATE: MAY 11, 2018
SECTION 12. CONDEMNATION
Setter has no actual knowledge of any pending or threatened condemnation of the
Property. However, if, after the date hereof and prior to the Closing Date, all or any part
of Property is subjected to a bona fide threat of condemnation or condemned or taken by
a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer
shall be promptly notified thereof in writing and within twenty (20) days after receipt of
written notice to Buyer, Buyer may by written notice to Seller elect to cancel this
Contract prior to the Closing Date, in which event all parties shall be relieved and
released of and from any further duties, obligations, rights, or liabilities hereunder, and
thereupon this Contract shall be deemed terminated and of no further force and effect. If
no such election is made by Buyer to cancel this Contract, this Contract shall remain in
full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon
the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title,
and interest of Setter in and to any awards that have been or that may thereafter be made
for any such taking or takings.
SECTION 13. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed,
except if such loss is the result of acts or omissions of Buyer or Buyer's employees,
agents, contractors, or representatives, in which case such loss shall be Buyer's
responsibility. Provided, however, if the Property is substantially damaged or destroyed
before Closing by such casualty, then either party may cancel this Contract by giving the
other party thirty (30) days written notice of such cancellation and neither party will have
any further obligations to the other and Seller shall not be liable to Buyer for any failure
to deliver the Property to Buyer.
SECTION 14. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the
other or with the Property regarding this transaction has been directly between
themselves and their employees. Seller and Buyer warrant and represent that no person
or entity can properly claim a right to a commission, finder's fee, or other compensation
based upon contracts or understandings between such claimant and Buyer or Seller with
respect to the transaction contemplated by this Contract. Buyer agrees to indemnify
Seller against and to hold it harmless from any claim, loss, cost, or expense, including,
without limitation, attorneys' fees, resulting from any claim for a commission, finder's
fee, or other compensation by any person or entity based upon such contacts or
understandings.
SECTION 15. REMEDIES.
A. In the event Buyer shall have fully performed or tendered performance of its
duties and obligations hereunder, but Seller fails to perform any of its duties or
13
DRAFT DATE: MAY 11, 2018
responsibilities in accordance with the terms and provisions hereof, Buyer's sole
and exclusive remedy shall be an equitable suit to enforce specific performance of
such duties or responsibilities. Any and all other remedies otherwise available to
Buyer, at law or in equity, are hereby expressly waived by the Buyer except as
otherwise specifically stated in this Contract.
B. In the event of a breach of the Restriction on Transfer Covenant as set forth in
Section 4.B.8. of this Contract, the attempted conveyance shall be deemed void
and of no effect and Buyer shall pay to Seller liquidated damages in the amount of
$87,267.00.. Buyer hereby waives any defense as to the validity of any liquidated
damages stated herein on the grounds that such liquidated damages could be void
as penalties or are not reasonably related to actual damages incurred by Seller in
enforcing the Restriction on Transfer Covenant.
C. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's
obligations, of this Contract, prior to Closing, Seller may retain the Deposit and
enforce any and /or all remedies available to Seller under this Contract including,
but not limited to termination of this Contract, and all such remedies as may be
allowed by law or in equity.
SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD.
A. Buyer shall have ninety (90) Days upon execution of this Contract to complete
Buyer's due diligence review of the Property (Inspection Period) to determine if
there are any issues that would prevent the Buyer's use of the Property. Should
Buyer determine during such Inspection Period that it is not satisfied with the
Property or any characteristics thereof for any reason whatsoever, in Buyer's sole
and absolute discretion, Buyer may terminate this Contract by notifying the Seller
in writing as soon as possible, but no later than ten (10) Days after the end of such
Inspection Period, of Buyer's decision to terminate the Contract. In such case,
this Contract shall thereupon be terminated and of no further force and effect,
unless Seller and Buyer mutually agree to modify this Contract to address any
such issues. Upon such termination, the Deposit shall be returned to Buyer.
B. In connection with the Buyer's ability to conduct its due diligence review
mentioned above the Seller hereby grants to Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees, representatives, and
consultants, a revocable right to enter upon the Property at any time during the
Inspection Period, upon two (2) working days prior written notice to the Seller, in
order to survey, make test borings, and carry out such other examinations,
exploratory work, or settings as may be necessary to complete Phase I and Phase
II Environmental Assessments, or geotechnical assessments, or nondestructive
engineering evaluations of the Property, and to store Buyer's property and
equipment, upon the following terms and conditions:
14
DRAFT DATE: MAY 11, 2018
I_ If the Buyer exceeds its rights granted under this Section or fails to
obtain and maintain the insurance required by this Section 16, the
Seller may immediately revoke this right of entry.
2. Buyer agrees to be responsible for any and all damages resulting
from the activity or activities of Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on the Property in the exercise of
the rights granted under this Section. Buyer shall, at its sole cost,
promptly and fully restore any land disturbed by the exercise of the
rights under this Section to a condition equal to that existing
immediately prior to entry on the Property if Buyer does not
purchase the Property.
3. Buyer agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Seller and its officers, agents,
employees, volunteers, and representatives free and harmless from
any and all liability, claims, causes of action, costs and damages of
any type, including reasonable attorney's fees, on account of any
injury or damage of any type to any person or property growing
out of or directly or indirectly resulting from any act or omission of
Buyer in connection with this right of entry, including, but not
limited to, Buyer's use of the Property in violation of any provision
of this Contract, claims relating to the storage of property by Buyer
on the Property, or the exercise of any right or privilege granted by
or under this Section 16. In the event that any suit or proceeding
shall be brought against the Seller or any of its officers, employees,
agents, volunteers, or representatives, at law or in equity, either
independently or jointly with Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on account thereof, Buyer, upon
notice given to it by the Seller or any of its officers, employees,
agents, volunteers or representatives will pay all costs of defending
the Seller or any of its officers, employees, agents, volunteers or
representatives in any such action or other proceeding. In the
event of any settlement or any final judgment being awarded
against the Seller or any of its officers, employees, agents,
volunteers or representatives, either independently or jointly with
Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives and consultants, then Buyer
will pay such settlement or judgment in full or will comply with
such order or decree, pay all costs and expenses of whatsoever
nature, including reasonable attorney's fees, and hold the Seller or
any of its officers, employees, agents, volunteers or representatives
harmless therefrom. Buyer's indemnity obligations hereunder are
conditioned upon the indemnified party: (i) promptly notifying
15
DRAFT DATE: MAY 11, 2018
Buyer of any claim in writing; (ii) cooperating with Buyer in the
defense of the claim; and (iii) granting Buyer sole control of
defense or settlement of the claim at the sole cost and expense of
Buyer.
4. Buyer shall require its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives, and
consultants to comply with, all applicable federal, state, and local
laws, rules, and regulations. Buyer shall obtain, and shall require
its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives, and consultants to obtain,
prior to exercising any rights under this Section 16 and any and all
permits therefore at their expense.
5. Buyer shall, at its sole expense, obtain and maintain, or have its
contractors or representatives obtain and maintain, the insurance
set forth below. Any required insurance shall be effective prior to
the beginning of any work or other performance by Buyer under
this Section 16 of this Contract. The following policies and
coverages are required:
(i) Commercial General Liability. Commercial General
Liability insurance, written on an occurrence basis, shall insure
against all claims, loss, cost, damage, expense or liability from loss
of life or damage or injury to persons or property. The minimum
limits of liability for this coverage shall be $1,000,000 per
occurrence, and $2,000,000 general aggregate.
(ii) Contractual Liability. Broad form Contractual Liability
insurance shall include the indemnification obligation set forth
above.
(iii) Workers' Compensation. Workers' Compensation insurance
covering Buyer's statutory obligation under the laws of the
Commonwealth of Virginia and Employer's Liability insurance
shall be maintained for all its employees engaged in work under
this Section 16. Minimum limits of liability for Employer's
Liability shall be $100,000 bodily injury by accident each
occurrence; $500,000 bodily injury by disease (policy limit); and
$100,000 bodily injury by disease (each employee). With respect
to Workers' Compensation coverage, the insurance company shall
waive rights of subrogation against the Seller, its officers,
employees, agents, volunteers and representatives.
(iv) Automobile Liability. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined
16
DRAFT DATE: MAY 11, 2018
single limit applicable to owned or non -owned vehicles used in the
performance of any work under Section 16 of this Contract and
shall be written on an occurrence basis.
6. The insurance coverages and amounts set forth above may be met
by an umbrella liability policy following the form of the
underlying primary coverage in a minimum amount of $1,000,000.
Should an umbrella liability insurance coverage policy be used,
such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers
indicated for the insurance providing the coverages required by
this Section, and it is further agreed that such statement shall be
made a part of the certificate of insurance famished by Buyer to
the Seller.
7. All insurance shall also meet the following requirements: Buyer
shall furnish Seller appropriate documentation showing the type,
amount, effective dates, and date of expiration of policies;
certificates of insurance shall include any deductible amounts; that
the City of Roanoke, its officers, employees, agents, volunteers,
and representatives are named as additional insureds; where waiver
of subrogation is required with respect to any policy or insurance
required, such waiver shall be specified; insurance coverage shall
be in a form and with an insurance company approved by Seller,
which approval shall not be unreasonably withheld; and any
insurance company providing coverage shall be authorized to do
business in the Commonwealth of Virginia. Buyer shall provide
the City's Risk Manager with not less than thirty (30) Days
advance notice of cancellation or material alteration of any of the
above required insurance coverage.
SECTION 17 NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal
service, if sent by certified mail, return receipt requested, or by a nationally recognized
overnight courier, addressed as follows (or any other address the party to be notified may
have designated to the sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-2333
17
DRAFT DATE: MAY 11, 2018
With a Copy to: City of Roanoke Department of Economic
Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, VA 24011
Fax No. 540- 853 -1213
If to Buyer: Robert Young
RYT, L.L.C.
210 Carver Avenue, N.E.
Roanoke, VA 24012
With a Copy to: W.F. Mason, Jr., Esquire
3131 Electric Road
Roanoke, VA 24018
Notice shall be deemed delivered upon the date of personal service, three days after
deposit in the United States mail, or the day after delivery to a nationally recognized
overnight courier.
SECTION 18. TIME.
Time is of the essence in the performance by the parties' with respect to each and
every obligation in this Contract.
SECTION 19. SUCCESSORS AND ASSIGNS.
This Contract shall more to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
SECTION 20. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts
so executed shall constitute one Contract binding on all of the parties hereto,
notwithstanding that all of the parties are not signatories to the same counterpart.
SECTION 21. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of
this Contract or any amendments or exhibits hereto.
18
DRAFT DATE: MAY 11, 2018
SECTION 22. SEVERABILITY AND SURVIVAL
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect. The
parties intend for the provisions of this Contract to be enforced to the fullest extent
permitted by applicable law. Accordingly, the parties agree that if any provisions are
deemed not enforceable by any court or agency of competent jurisdiction, they shall be
deemed modified to the extent necessary to make them enforceable. The indemnity
obligations of Buyer shall survive the Closing.
SECTION 23. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the
intent and purpose of this Contract.
SECTION 24. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and
warrant they are duly authorized to execute this Contract on behalf of their respective
entity.
STD I /y Y C I% (� i .� \ C 17 i ; ► ri %\ u
Each party agrees that any party's waiver or failure to enforce or require performance
of any term or condition of this Contract or any party's waiver of any particular breach
of this Contract by any other party extends to that instance only. Such waiver or
failure is not and shall not be a waiver of any of the terms or conditions of this
Contract or a waiver of any other breaches of the Contract by any party and does not
bar the non - defaulting party from requiring the defaulting party to comply with all the
terms and conditions of this Contract and does not bar the non - defaulting party from
asserting any and all rights and/or remedies it has or might have against the defaulting
party under this Contract or by law.
SECTION 26. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.- 4343.1, be advised that the City does not
discriminate against faith -based oreanizations.
SECTION 27. CONFLICT BETWEEN OTHER DOCUMENTS AND
CONTRACT TERMS.
Seller and Buyer agree that the provisions of any other documents provided by Buyer
to Seller are intended to be consistent with the terms of this Contract. However, if any
of Buyer - supplied documents are in conflict with the terms of this Contract, the parties
agree that the terms of this Contract shall control, unless the parties mutually agree
otherwise in a writing signed by both parties.
19
DRAFT DATE: MAY 11, 2018
SECTION 28. NONDISCRIMINATION.
During the performance of this Contract, Buyer agrees as follows
A. Buyer will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is
a bona fide occupational qualification reasonably necessary to the normal operation of
the Buyer. Buyer agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf
of Buyer will state that Buyer is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
D. Buyer will include the provisions of the foregoing in every subcontract or
purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
SECTION 29. DRUG -FREE WORKPLACE.
During the performance of this Contract, Buyer agrees to (i) provide a drug -free
workplace for Buyer's employees; (ii) post in conspicuous places, available to
employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition; (iii)
state in all solicitations or advertisements for employees placed by or on behalf of
Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of
the foregoing clauses in every subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug -free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
20
DRAFT DATE: MAY 11, 2018
Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as
amended, which provides that a contractor organized as a stock or nonstock
corporation, limited liability company, business trust, or limited partnership or
registered as a registered limited liability partnership shall be authorized to transact
business in the Commonwealth as a domestic or foreign business entity if so required
by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its
existence to lapse or its certificate of authority or registration to transact business in the
Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled
at any time during the term of the Contract. Seller may void the Contract if Buyer fails
to remain in compliance with the provisions of this section.
SECTION 31. FORCE MAJEURE.
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Contract if such delay or failure arises by any reason beyond
its reasonable control, including any act of God, any acts of common enemy, the
elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in
transportation or communication, shortages of material, approval delays or any act or
failure to act by the other party or such other party's employees, agents or contractors;
provided, however, that lack of funds shall not be deemed to be a reason beyond a
party's reasonable control. The Parties shall promptly inform and consult with each
other as to any of the above causes which in their judgment may or could be the cause
of a delay in the performance of this Agreement.
For purposes of this Contract, any one (1) delay caused by any such occurrence shall
not be deemed to last longer than four (4) months and the party claiming delay caused
by any and all such occurrences shall give the other party written notice of the same
within 30 days after the date such claiming party learns of or reasonably should have
known of such occurrence. Notwithstanding anything else set forth above, after a total
of six (6) months of delays of any type have been claimed by a party as being subject
to force majeure, no further delays or claims of any type shall be claimed by such
party as being subject to force majeurc and/or being an excusable delay.
SECTION 32. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the
entire understanding between the parties hereto with respect to the subject matter
hereof. Any prior correspondence, email, text messages, memoranda, or contracts are
replaced in total by this Contract and the exhibits hereto. No amendment to this
Contract shall be valid unless made in writing and signed by the appropriate parties.
21
DRAFT DATE: MAY 11, 2018
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their
authorized representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
LIM
City Clerk Robert S. Cowell, Jr.
City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this _day of , 2018,
by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia
Municipal Corporation, for and on behalf of said municipal corporation.
My commission expires:
Notary
WITNESS /ATTEST RYT, L.L.C.
By
Robert Young, President
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
SEAL
The foregoing instrument was acknowledged before me this day of , 2018,
by Robert Young, the duly authorized President, of RYT, L.L.C., a Virginia limited
liability company, for and on behalf of RYT, L.L.C.
My commission expires:
Public
SEAL
22
DRAFT DATE: MAY 11, 2018
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
23
DRAFT DATE: MAY 11, 2018
Contract for Purchase and Sale of
Real Property dated ,2018
City of Roanoke, Virginia (Seller) and
RYT, L.L.C. (Buyer)
EXHIBIT A
Description of Contemplated Use
The construction of parking on the Property in order to facilitate the construction of an
approximately 11,200 square foot building on the Adjacent Parcel to expand the
existing wrecker sales, installation, and service business as depicted on the drawing
24
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE -CLERKS OFFICE
Attic RBRIAN TOWNSEND
215 CHURCH AVE SW
ROOM 456
ROANOKE, VA 24011
Account Number
6007932
Date
May 14, 2018
Date Category Description Ad Sea Total Cost
0512012018 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirement: 1 x 64 L 361.84
NOTICE OF PUBLIC HEARING
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Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
0511412018
The First insertion being given ... 0511412018
Newspaper reference: 0000753227
Billing Representative
Sworn to and subscribed before me this Monday, May 14, 2018
V „r / A
State of Virginia
City/County of Roanoke
My Commission expires
/= , FU6LIC
* : V3 32F64 A-
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ALTO qF t
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
Pursuant to the requirements of Sections 15.2- I800.13 and 15.2 -1813, Code of Virginia
(1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a
public hearing on May 21, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard,
in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real
Property (Contract) between the City of Roanoke, Virginia (City) and RYT, L.L.C., (Buyer)
wherein the City proposes to sell to Buyer certain real property located at 201 Carver Avenue,
N.E., Roanoke, Virginia, consisting of approximately 1.2106 acres of a portion of City -owned
property, together with the Building situated thereon (Property), the Property being a portion of
City -owned property designated as Official Tax Map No. 2041817 for the sum of $72,733.00,
together with other consideration and performance of other obligations by Buyer.
A copy of the proposed Contract and Ordinance will be available at the City Clerk's
Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, 24011, on and after Monday, May 14, 2018. For further information on the matter, you
may contact the Office of the City Clerk at (540)853 -2541.
All parties and interested entities may appear on the above date and time to be heard on
the above matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, May 17,
2018.
Given under my hand this 14`h day of May, 2018.
Stephanie M. Moon Reynolds, MMC,
City Clerk
Note to Publisher:
Please publish once in the Roanoke Times, legal notices, on Monday, May 14, 2018
Please send affidavit of publication to
Stephanie M. Moon Reynolds, MMC, City Clerk
4'd Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Phone. (540) 853 -2541
Send Invoice to
R. Brian Townsend, Assistant City Manager
3rd Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540) 853-2333
STEPHANIE M. MOON 12EVNOLDS, MM(
City Clerk
CITY OF ROANOKE
OFFICE +' OF' THE CI`FV CLERK
215 0lurch Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
1:111ail: clerk(nvroanokeva.gov
The Honorable Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
June 29, 2018
CECELIA F. MCCOV
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
The Honorable Evelyn W. Powers
City Treasurer
Roanoke, Virginia
I am forwarding an attested copy of Ordinance No. 41141 - 052118, which has been
properly executed by Allegheny West Regional Conference Corporation of Seventh -Day
Adventists d /b /a Melrose Adventist Child Development Center, for purposes of
assessment and collection of the service charges established by the Ordinance.
Sincerely,,
r
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Dr. William T. Cox, Sr., President, Allegheny West Conference of Seventh -Day
Adventist, 1080 Kingsmill Parkway, Columbus Ohio 43229
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Director of Finance
Susan Lower, Director, Real Estate Valuation
R.B. Lawhorn, Budget Manager, Management and Budget
S'1'ITHANIL 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
Teleplmoe: (540)853 -2541
Fax (5411) 853 -1145
E -moil: elakprrnnnnkevu.kav
May 22, 2018
Dr. William T. Cox, Sr., President
Allegheny West Conference of Seventh -Day Adventists
1080 Kingsmill Parkway
Columbus, Ohio 43229
Dear Mr. Cox:
('PC EAAA F. MCC'OY
Depnly City Clerk
C'ECELIA T. WEBB, CMC'
Assistant Depab City Clerk
I am enclosing a copy of Ordinance No. 41141 - 052118 exempting from real estate
property taxation certain real property, and exempting from personal property taxation
certain personal property, located in the City of Roanoke owned by Allegheny West
Regional Conference Corporation of Seventh -Day Adventists, d /b /a Melrose Adventist
Child Development Center, (Applicant') a Virginia non - stock, non - profit corporation,
devoted exclusively to charitable or benevolent purposes on non- profit basis.
Furthermore, the City Clerk is directed to forward an attested copy of this Ordinance,
after it is properly executed by the Applicant, to the Commissioner of the Revenue and
the City Treasurer for purposes of assessment and collection, respectively, of the
service charge established by Ordinance No. 41141- 052118, and to Dr. William T.
Cox, Sr., President, Allegheny West Conference of Seventh -Day Adventists, 1080
Kingsmill Parkway, Columbus, Ohio 43229.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, May 21, 2018; and is in full force and effect on July 1,
2018, if by such time a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
Sincerely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
Dr. William T. Cox, Sr., President
May 21, 2018
Page 2
PC: C. Shaun Arthur, Pastor, Melrose Avenue Seventh -Day Adventist Church, P. O.
Box 6311, Roanoke, Virginia 24017
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41141- 052118.
AN ORDINANCE exempting from real estate property taxation certain real property, and
exempting from personal property taxation certain personal property, located in the City of Roanoke
owned by Allegheny West Regional Conference Corporation of Seventh -Day Adventists, d /b /a Melrose
Adventist Child Development Center, ( "Applicant ") a Virginia non - stock, non -profit corporation,
devoted exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective
date, and dispensing with the second reading by title of this Ordinance.
WHEREAS, the Applicant, has petitioned Council to exempt certain real property of the
Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, the Applicant has petitioned Council to exempt certain personal property of the
Applicant from taxation pursuant to Article X. Section 6(a)(6) of the Constitution of Virginia;
WI IEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to
the Applicant's petition was held by Council on May 21, 2018;
WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as
amended, have been examined and considered by Council;
WHEREAS, the Applicant agrees that the real property to be exempt train taxation is certain real
estate, including the land and any building located thereon, identified by Roanoke City Tax Map No.
2221709, and commonly known as 1523 Melrose Avenue, N.W., Roanoke, Virginia, (the "Property "),
and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or
benevolent purposes on a non -profit basis;
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has
K I es Len,, 7 day edrcntisi child care rtnl ,d permnol properly 5 18 do,,
voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the
City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not
exempt from such taxation, for so long as the Property is exempted from such taxation: and
WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain
personal property, including office equipment, office supplies, child care equipment and supplies, and
furnishings, which shall be used by the Applicant exclusively for charitable purposes on a non - profit
basis.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
I. Council classifies and designates Allegheny West Regional Conference Corporation of
Seventh -Day Adventists, d/b /a Melrose Adventist Child Development Center, a Virginia non - stock, non-
profit corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of
Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate,
including the land and any building located thereon, identified by Roanoke City Tax Map No. 2221709,
and commonly known as 1523 Melrose Avenue, N.W., Roanoke, Virginia, and owned by the Applicant,
which property is used exclusively for charitable or benevolent purposes on a non -profit basis.
Continuance of this exemption shall be contingent on the continued use of the Property in accordance
with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to
the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty
(20 %) percent of the City of Roanokc-s real estate tax levy, which would be applicable to the Property,
were the Property not exempt from such taxation, for so long as the Property is exempted from such
taxation.
3. Council hereby exempts from personal property taxation certain personal property,
including office equipment, office supplies, child care equipment and supplies, and furnishings, owned
K NACarvm \Tae 1 7 day advnnisl dhild care real w,d personal propene 5 18 dwc
by' the Applicant. which property is used exCl'axivcly ti7r charitable putpows on a non - profit hi,.sis;
Continuance of this exempti011 shall be culttingent on the wnn:in4rud use of the ,perwinal prop.ertti in
accordance with tllc: purposes Which th; Applicam has dc!�igrtawd in this Ordinance.
4. This Ordinance shrill be in full Curve and cl` eel on July 1, 201 S. if by Such time a copy,
duly executud by an authorized off fic r orific Applicant, hMs bevcn Ciled wiih the City Clerk.
C}lc City Clerk is du'cctod to rorward an .attested copy of This Ordinance. after it is
properIv executed by the Applicant, to tite Commissioner of the Revenuc and the City I'reasurer for
purpc'scsofwscssment and wollectiOn. reslwLtivcly, r,r the scr}-i;:e Charge cstablished by this Ordinance.
anti to fir. W -11 r�ula 1'. Cox. Sr., President, A',legheny West C'nnfercrice of Seventh-Day Adventist, 1080
Kil RSITnll Par14wa '. C'tslumhu_, 011 4 452-29_
Pursuarit to Section, 12 of the ('ity C°haller, the second reading of tttis Ordinance by title
is herek)y- dispenser! %ith.
FO
A awity clerk_
ACC'EPU D, AGREED TO AND EXL•C1_i'I'F.Ti) try Allegheny Wcst Regional Conference C orporHOL015
of Sewn ih -Day Adventist,, d-lb. a Mclrose Adventist t`'Od Devclopment renter, a Virginia non- sLuu.1%,
non -profit corporation, this 4 t day of June . 2418.
Allegheny West Rt innal C onfcrence C: orlwation
of Seventh -Day j'idv - mists, d-Va h'lclwsc Adventist
Child Development C'cnter
Marne. Dr. William T. Cox Sr.
Title: President, Allegheny West Conference
K.4,40; re::.Tzx 7 dflr ndnntisl child =,, rvol -fL i erwnW yrr:�_ �i:x
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Tax Exemption Request on Real and Personal Property of the
Allegheny West Regional Conference Corporation of Seventh -
Day Adventists, d /b /a Melrose Adventist Child Development
Center
Background
Allegheny West Regional Conference Corporation of Seventh -Day Adventists,
d /b /a Melrose Adventist Child Development Center, a non - stock, non - profit
corporation (Organization), has filed for tax exemption of real and personal
property located in the City, at 1523 Melrose Avenues NW (Official Tax Map
#2221709). The Organization desires the property to be designated as exempt
from real estate and personal property taxes pursuant to the provisions of the
Code of Virginia.
In September 2016, the Melrose Avenue Seventh -Day Adventist Church (under
its affiliation with the Allegheny West Regional Conference Corporation)
purchased the property located at 1523 Melrose Avenue (formerly the
Northwest Child Development Center) and in September 2017 opened it as the
Melrose Adventist Child Development Center to provide Christian child daycare
services for the citizens of Roanoke City and surrounding areas.
At present, annual real estate taxes due on the parcel are $4,891 on a total
assessed value of $400,900. Annual personal property taxes are $949 on a
total assessed value of $27,499. The personal property consists of equipment,
supplies, games, toys, and other items used in the operation of a daycare
center for children. The Organization is current on both its real estate and
personal property taxes.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non - profit organizations for tax exemption of
certain property in the City by Resolution 36331 - 051903, with an effective date
of January 1, 2003. Based on this policy and procedure, Allegheny West
Regional Conference Corporation of Seventh -Day Adventists, d /b /a Melrose
Adventist Child Development Center has provided the necessary information
required for applications for exemptions that would take effect July 1, 2017.
As noted above, the assessed value of the real property is currently $400,900
with annual taxes due of $4,891. In lieu of the $4,891 in real estate taxes, the
Organization would agree to pay to the City an annual service charge equal to
twenty percent of the tax levy on the parcel for as long as the exemption
continues. In this case, based on the current assessed value, the service charge
amount would be $978. Consequently, the City would be foregoing $3,913
annually in real estate revenue. There is no service charge levied on personal
property exempted from personal property tax; it is 100% exempt. Based on
this current year's taxes, the City would be foregoing $949 in personal property
revenue.
Commissioner of the Revenue, Sherman Holland, has determined that the
Organization is not exempt from paying taxes by classification or designation
under the Code of Virginia. The IRS recognizes the Organization as a 501(c)(3)
tax - exempt organization due to its affiliation with the General Conference of
Seventh -Day Adventists.
Notification of a public hearing to be held May 21, 2018, was duly advertised in
the Roanoke Times.
Recommended Action:
Adopt an ordinance to authorize Allegheny West Regional Conference
Corporation of Seventh -Day Adventists, d /b /a Melrose Adventist Child
Development Center exemptions from real and personal property taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective
July 1, 2018.
�1ltz�mg�1J1G-- ___ --
{,P,Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
Pastor Shaun Arthur
Melrose Avenue Seventh -Day Adventist Church
P. O. Box 631 1 Roanoke, VA 24017
Department of Management &Budget
Noel C. Taylor Municipal building
215 Church Avenue, S.W., Room 357
Roanoke,Vircunia 24011
ROANOKE
May 8, 2018
C. Shaun Arthur
Senior Pastor
Melrose Avenue Seventh -Day Adventist Church
P. O. Box 6311
1601 Melrose Avenue, N.W.
Roanoke, VA 24017
Dear Pastor Arthur:
The Allegheny West Conference Corporation of Seventh -Day Adventists, d /b /a Melrose
Adventist Child Development Center, filed a petition in the City Clerk's Office on April 13,
2018 requesting exemption from taxation of real and personal property located at 1523
Melrose Avenue, NW. The real property is identified as tax map number 2221709.
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a
public hearing if it wishes to consider a petition for a tax exemption. At a regular session
of the Roanoke City Council held on Monday, May 7, 2018, the Council approved a request
of the City Manager to hold a public hearing on Monday, May 21, 2018, at 7:00 p.m., or as
soon thereafter as the matter may be heard, to receive citizen comments on the request.
Notices of a public hearing with regard to the matter will be published in the Roanoke
Times. Your organization will be billed for the amount incurred for publishing the notices.
I am forwarding you a draft copy of a Council Report dated May 21, 2018, from the City
Manager's Office addressed to the Mayor and Members of City Council regarding the
petition. Although we are recommending authorization for exemption from real estate and
personal property taxation on the property, please be advised that the final decision with
regard to the exemption rests with City Council. Council will also consider citizen
comments from the public hearing. It is strongly suggested that a representative from the
organization be present at the public hearing on May 21 st to respond to questions that may
be raised regarding the petition. The session will be held in the City Council Chambers,
Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
If you have any questions regarding this information, please feel free to call me at 540 -853-
1643.
Sincerely,
R. B. Lawhorn, Jr.
Budget Manager
c CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_ 215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
IdOflipnc (MO)S53 -2541
Fnx: (541)953 -1145
moil: clerk(aroenokevagov
KI'P:PNANIY: M. MOON REYNOLDS, P LDS, MM('
('ip ('lerk
April 13, 2018
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
('ECELIA F. M('('OY
Depap' City ('lerk
C'EC'ELIA "1'. Wk:)D. CM('
Assistmnt Depup City Clerk
I am attaching copy of a petition from the Allegheny West Conference Corporation of
Seventh -Day Adventists, d /b /a Melrose Adventist Child Development Center, dated
April 4, 2018, which was filed in the City Clerk's Office on Friday, April 13, 2018,
requesting exemption from taxation of real and personal property located at 1523
Melrose Avenue, N. W., Official Tax Map No. 2221709, to be used exclusively for
charitable and benevolent purposes, pursuant to Section 58.1 -3651, Code of Virginia
(1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1st.
Sincerely,
Stephanie M. Moon Reynolds
City Clerk
Attachment
pc: William T. Cox, Sr., President, Allegheny West Conference of Seventh -Day
Adventists, 1080 Kingsmill Parkway, Columbus, Ohio 43229
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel J. Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Manager
1 ALLEGHENY
1 WEST CONFERENCE
of SEVENTH-DAY ADVENTISTS
Office of the President
April 4, 2018
TO WHOM IT MAY CONCERN:
RE: Exemption of property located at 1523 Melrose Ave, NW, Map # 2221709;
Property located at 1507 Melrose Ave NW; Map # 2221710 (vacant lot)
Property located at 1831 Moorman Road NW; Map # 2210101 (vacant lot)
Enclosed is a Petition for Exemption from Real Estate Taxes on our daycare center
(Melrose Adventist Child Development Center).
Also enclosed are copies of the letters sent to Mr. Holland requesting this exemption.
(Mr. Ifolland indicated lie would be forwarding these letters to you, but to be safe, I
thought it best to include them as well.)
Per the enclosed letters, three (3) property exemptions are being requested (see above).
However, the 1523 Melrose property is the main one we are most concerned about for
tax exemption, hence the only one that we filled a petition form out on.
If you have any questions, I can be reached at 614- 252 -5271 (Office) or 937 -529 -9214
(Cell).
Thanking you in advance for your attention and consideration of this request.
Sincerely,
cv� . '4�
Dr. William T. Cox, Sr.,
President
Enclosures
AWCONF.ORG
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Ia. Your Petitioner,.4/(hs17pv1eIt�ferp.��i���/,I e�•�7K �i1 ✓-✓S&
a Virginia, non -stoc , no for pmt r tt co�ton owhs certain real property,
located at f5.23/� _, Z, 1� in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID #dZli 70 , with a total
assessed value of $ 4c, and a total of $-Y 8x0.98 `n real
property taxes that were paid or would have been paid in the most recent
year, desires to be an organization designated pursuant to the provisions of
Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the
referenced real property, to be used exclusively for charitable and
benevolentpul osesdin
��k,s�.4 -✓GF. ��d�Cr12G Sro,[cs�L+7�2 [% /ia,✓S °� OA•v�Lc
7 i j
iv n ✓�% acs n,.e z�',r� R'v[.rr
i
(Describepreposed use ofreal property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete gsection
/ Lb)
,n p N! •M+Sf fG +1
]b. Your Petitioner, /t��a�KV��de�(sdLec..✓�e. �ir .r ��w�✓Pnv v- s' —✓"tw
a Virginia, non-stock, n t fier profit eorporaEidn owns cer ain personal
property, located at 15sz3 /�&,,t k, et/ in the City of Roanoke,
Virginia, with a total assessed value of $m27, -Fp5 and a total of
$ 4v6. 7z in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in do
(Describe proposed use ofpersonal property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 ° %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both
the City of Roanoke Commissioner of the Revenue and the City of Roanoke
Treasurer in writing in each instance when the property, or any portion
thereof, is being leased to a third party and provide the City with a copy of the
fully executed lease. Your petitioner agrees to include a provision in all leases
of the property that such third parties shall be responsible for paying the City
applicable leasehold taxes that may be assessed by the City. Petitioner
acknowledges that if the foregoing conditions are not met, the City reserves
the right to terminate the tax exempt status of the property.
4. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
(Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to ,action 501 (c) of the Internal Revenue
Code of 1954 on
(Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): /10
(Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): A/
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
such organization is generated by funds received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
or other m feria] services.
(A): 7cs
(Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it >F -s , � Jam/
p Deacrlbethepu lc.servpice)
d>7Ca5 �4�72��itc �q y�.,Gtmc� ta2dcc �.. ✓.�"
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): 4//
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): 41/2
8. (Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): yQ
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
I��rf(
/ /iICGJSC (/GTS/ Llcu //. ✓' i'>
avide as uecessary)..9( / =fps <++ryryU /�.riC
Note: All tax exemption petitions submitted for consideration by
City Council must he filed with the City Clerk's Office.
/l6a/Szy
THEREFORE, your Petitioner, w� ��p. /�i �.,�il.✓�.�a .,'�..a-C._
`12 this
respectfully requests to the Council of City of Roanok that eat or
personal property, or both, of your Petitioner be designated exempt from
taxation so long as your Petitioner is operated not for profit and the
pro�pe�rty so//
exempt is used for the particular purposes of providing
(Repeat proposed use oJproperty).
Respectfully submitting this
K``°`day 4--, 20/9.
By:
President
\ ALLEONENY
1 VVESTCONFERENCE
aE UVENTH-DAY ADVENfI S
Office ofthe Chief Financial Officer
March 21, 2018
To Whom It May Concerns,
The Melrose Adventist Child Development Center, located on 1523 Melrose Ave, NW, Roanoke,
which also utilizes the following address: 1507 Melrose Ave NW, Roanoke and Melrose SDA Church
also utilizes the following address: 1831 Moorman Road NW, Roanoke, VA are entities organized as
part of the Allegheny West Conference of Seventh -Day Adventists. This center is listed under the
Seventh -Day Adventist Church's 501C -3 and receives all the rights and privileges of the exemption
and meets the requirements of this type of organization.
Our Organization Tax Exemption Number is: 31- 0729212 (Allegheny West Conference)
52- 0643036 (General Conference)
If you have any additional questions or concerns, please feel free to contact me at hnursera?awconf.oi
or at 614 -252 -5271 ext. 16.
Sincerely,
*�T e ,0_/_
H. Candace Nurse
Chief Financial Officer
Allegheny West Conference
All pheny Waat CoMarance Corporation of S nnthAq A&eMish
1339 Fast Broad Sta¢ I Columbus, OH 43205 -1503
Td,hone 614- 252- 52717Mfree 800- 238 -9707 Max 614- 252 -3246 ViA vh 1' -a R1n/{�
Websuew AWConfor
1
S�t�rrx -DS��
��. ADVENTIST G.mdrwde,.ar,
CHURCH waddilm*.nrs
December 7, 2011
oltl. at General t UI I
12501 Old U[Adui Pis
Sk Spiio0, Aral d
209tH 6600056
Re: Allegheny West Conference alailus f301) 06370
FEIN: 31- 0729212 f., 1301) 6806329
To Whom It May Concern:
The Internal Revenue Service has determined that the General Conference of Seventh -day
Adventists, an unincorporated association, is a 501(0)(3) organization and has listed it in Volume
2 on page 1479 of the most recently published IRS Publication 78, Cumulative List of
Organizations described in Section 170(0) of the Internal Revenue Code of 1986 (revised to
September 30, 2009). That listing gives the General Conference of Seventh -day Adventists a
Code 1 designation, which indicates that it is "(g)enerally, a central organization holding a group
exemption letter, whose subordinate units covered by the group exemption are also included as
having contributions deductible, even though they are not separately listed."
The Allegheny West Conference, located at 1339 East Broad Street, Columbus Ohio 43205, is
affiliated with the General Conference of Seventh -day Adventists and thus covered by our group
exemption (Number 1071). Therefore, gifts and grants to this institution qualify for deductions
under Section 170 of the Internal Revenue Code. It is classified as an organization that is not a
private foundation as defined in 509(a) of the Internal Revenue Code.
The Internal Revenue Service does not issue letters confirming exempt status of entities under a
group exemption. This responsibility is delegated to the organization administratively responsible
for maintaining the records of a group exemption, which in this case is the General Conference of
Seventh -day Adventists. (See Rev. Proc. 80 -27 and IRS Publication 4573 which can be found at
http: / /www irs goy /nub /irs- pdf/p4573 12df) If there are any questions, please contact the
undersigned directly.
Sincerely,
Thomas E. Wetmore
Associate General Counsel
Any tax advice contained in dus letter was not intended to be used, and cannot be used, for the purpose of avoiding
penalties that may be imposed under federal tax law. Under IRS rules, a taxpayer may rely on our advice to avoid
Penalties only if the Advice is reflected m a more formal tax opinion that conforms to new IRS standards. Please contact
us if you would like to discuss the preparation of a legal opinion that conforms to these roles.
Internal Revenue Service
Disinc:
Director
�'Gsneral Conference of Seventh Day
Adventists
12501 Old Columbia Pike
Silver Spring, MD. ,20904 -66W
Dear Sir /Nadam:
Determent cf the 7rea5Lr/
Person in contact:
EP /EO Sax Examiner
Telephone Number:
9d2 -6058
Refer Reply to:
WED:
Date: January 31, 1992
This is in response to your inquiry dated OCtober 21, 1991
requestinv a copy of the letter which granted tax-exempt status to the
above named organization.
Our records shoe that the organization was recognized as tax - exempt from
federal income tax under section 501(c)(3) of the Internal Revenue Code
and issued a Group Exemption Letter effective Julmsty 6, 1950
us have also determined that the orgaaitsGedq Sad ISM toundatiom
because it is described in sections) �vttt 1llli) /0MW0511J
Your Group Exemption Number is 1071
Donors may deduct contributions to you under section 170 of the Code.
You are required to notify the Service at lease 90 days before the end of
your annual accounting period, a statement describing any changes during
the year in purposes, character, or method of operation of your
subordinates.
A copy of our latter certifying the status of the organization is not
available, however, this letter may be used to verify your tax - exempt
status.
Because this letter could help resolve any questions about your exempt
status, it should be kept in your permanent records.
Sincerely yours,
14W�_
District Dirdct:r
n rr rr nit qri inn r �i r �� � n r h
yy �,
.'T
CEW�nTIME OE (jOOID STA" MG
I Certify the Eoflowing from the RScords of the Commission:
That Allegheny West Conference Corporation ofSeventh -day Adventists, a corporation
incorporated under the law of Ohio, is authorized to transact business in the Commonwealth of
Virginia;
That it obtained a certificate of authority to transact business in Virginia from the Commission
on February 15, 2018; and
That the corporation is in good standing in the Commonwealth of Virginia as of the date set
forth below.
Nothing more is hereby certified.
CISECOM
Document Control Number: 1803216005
SignedandSeaCedat Richmondon this (Date:
March 21, 2018
lmfgf. Peck Clerkof de Commission
TLYLtQi o'tX%t
(1) , fafr Grparnfiun Cammissi z�
I Certify the Foflowing from the Records of the Commission:
The foregoing is a true copy of the certificate of authority to transact business in Virginia issued
for Allegheny West Conference Corporation of Seventh -day Adventists, a OHIO corporation.
Nothing more is hereby certified.
CiSDJD
Signed andSeafed at Richmond on this (Date:
Aprif S, 2018
9oe[W.. Teck Crerkof tru Commission
lFa
00
COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION
A
AT RICHMOND, FEBRUARY 15, 2018 G
u+
C9
w
The State Corporation Commission has found the accompanying application for a certificate of
authority to transact business in Virginia submitted on behalf of
Allegheny West Conference Corporation of
Seventh -day Adventists
to comply with the requirements of law, and confirms payment of all required fees. Therefore, it
is ORDERED that this
CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA
be issued and admitted to record with the application in the Office of the Clerk of the
Commission, effective February 15, 2018.
The corporation is authorized to transact business in Virginia, subject to all Virginia laws
applicable to the corporation and its business.
STATE A".
EECORPORATION COM MISSION
By qf��
Mark C. Christie
Commissioner
CORFACPT
CISLFD
18-02 -09 -0008
as MELROSE AVENUE SEVENTH -DAY ADVENTIST CHURCH
1601 Melrose Avenue, N.W.
P.O. Box 6311
Roanoke, VA 24017
540- 343 -7174
September 25, 2017
Mr. Sherman A. Holland
Commissioner of the Revenue
Noel C' Taylor Municipal Bldng.
215 Church Ave SW, Room 251
Roanoke,VA 24011
Dear Mr. Holland:
In September 2016 we, Melrose Avenue Seventh -day Adventist Church (under the Allegheny West
Conference corporation) purchased the properties located at 1523 Melrose Ave NW (map #221709), the
adjacent lot at 1507 Melrose Ave NW (map 0221710) and we are requesting tax exemption status on
these two properties. On September 25, this property will open as the Melrose Adventist Child
Development Center (MACDC).
Enclosed is a letter from our Conference regarding this tax exemption request.
MACDC (1523 Melrose Ave) will have its ribbon cutting ceremony this Saturday, September 30 at
10 a.m. followed by an 11 a.m. worship service at the church (directly across the street). You are
cordially Invited to attend this joyous and blessed event and hope your schedule allows you to do so.
Also Included in the Conference letter is tax exemption requested for church property located at 1831
Moorman Road NW.
If you have any questions, Pastor Shaun Arthur can be reached at 540.343 -7174 (church) or 614 -940.
9714 (home).
Thanking you in advance for your attention to and consideration of this request.
Since ly,
De' eFrye
Treasurer
Enc.
wiu,asN
1 11��C �WaNY.0 WNCE
OJJlce ofthe ChiefFYnancial Ofcer
September 20, 2017
To Whom It May Concerns,
The Melrose Avenue Child Development Center, located on 1523 Melrose Ave, NW, Roanoke,
which also utilizes the following address: 1507 Melrose Ave NW, Roanoke and Melrose SDA
Church also utilizes the following address: 1831 Moorman Road NW, Roanoke, VA are entities
organized as part of the Allegheny West Conference of Seventh -Day Adventists. This center is
listed under the Seventh -Day Adventist Church's 501C -3 and receives all the rights and
privileges of the exemption and meets the requirements of this type of organization.
Our Organization Tax Exemption Number is: 31- 0729212 (Allegheny West Conference)
52- 0643036 (General Conference)
If you have any additional questions or concems, please feel free to contact me at
hnurse(a),awconf ore or at 614- 252 -5271 ext. 16.
Sincerely,
H. Candace Nurse
Chief Financial Officer
Allegheny West Conference
Ab&" Wag a
I h..bu ON 43205 -1503 SEVENTH -DAY
Tdg me 614- 25252712bllfrm 884238 -9707 Fu 614452 -3246 ADVENTIST CHURCH Aj
Webs&w AWConEorg
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief Deputy
October 6, 2017
Ms. Desiree Frye, Treasurer
Melrose Avenue Seventh -Day ,Adventist Church
P.O. Box 6311
Roanoke, VA 24017
Re: Exemption of properties located at 1523 Melrose Ave., NW (Parcel No.
2221709), 1507 Melrose Ave., NW (Parcel 4 2221710) and 1831
Moorman Road, NW (Parcel No. 22 1010 1)
Dear Ms. Frye:
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned properties. The above parcels are currently
being taxed by the City of Roanoke for real estate taxes. Based on the information
submitted, these properties are not eligible for exemption by classification or designation.
However, you may submit a petition to the City Clerk's Office to apply for an exemption
for non -profit organizations through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
.11' i%�
Sherman A. Rolland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Chnmh Avenue SW, Room 251 * Roanoke, Virginia 24011
Phone (540)853 -2521 * Fix (540)853 -1115 ♦ www.roanokegnucom
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fez: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk@romokeva.gov
City Clerk
October 13, 2017
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CIVIC
AMISUR( Deputy City Clerk
I am attaching copy of a petition from the Allegheny West Conference
Corporation/Melrose Avenue Seventh -Day Adventist Church, dated October 11, 2017,
which was filed in the City Clerk's Office on Thursday, October 13, 2017, requesting
exemption from taxation of real property located at 1523 Melrose Avenue, N. W., Official
Tax Map No. 2221709, to be used exclusively for charitable and benevolent purposes,
pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1 St.
Sincerely,
XL-t-1 M. yv � Q�
Stephanie M. Moon Reynolds, MM
City Clerk
Attachment
PC: C. Shawn Arthur, Senior Pastor, Melrose Avenue Seventh -Day Adventist Church,
1601 Melrose Avenue, N. W., Roanoke, Virginia 24017
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel J. Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Administrator
00— MELROSE AVENUE SEVENTH -DAY ADVENTIST CHURCH
may_ 1601 Melrose Avenue, N. W.
P.O. Box 6311
Roanoke, VA 24017
540- 343 -7174
October 11, 2017
TO WHOM IT MAY CONCERN:
RE: Exemption of property located at 1523 Melrose Ave NW, Map # 2221709;
Property located at 1507 Melrose Ave NW; Map # 2221710 (vacant lot)
Property located at 1831 Moorman Road NW; Map #2210101 (vacant lot)
Enclosed is a Petition for Exemption from Real Estate Taxes on our daycare center (Melrose
Adventist Child Development Center).
Also enclosed are copies of the letters sent to Mr. Holland requesting this exemption. (Mr.
Holland indicated he would be forwarding these letters to you; but to be safe, I thought it best to
include them as well.)
Per the enclosed letters, three (3) property exemptions are being requested (see above). However,
the 1523 Melrose property is the main one we are most concerned for tax exemption, hence the
only one that we filled a petition form out on.
If you have any questions, I can be reached at 540- 343 -7174 (church) or 614- 940 -9714 (cell).
Thanking you in advance for your attention and consideration of this request.
Sincerely,
C. Shaun Arthur
Senior Pastor
Enclosures
17 OCT-12 an 1:12
VIRGINIA:
IN THE COUNCIL OF TIIE CITY OF ROANOKE
RL PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
la. Your Petitioner, e�G e.✓ L�J �✓ ego✓% oe ✓, w7i lSe�w/�;1,�1�/wfs %�
a Virginia, non -stock not or,E fit oc 11 ation owns certain eal property,
located at /:,12, , Vklr 5e ��NG in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID # 22/'7 with a total
assessed value of $38470 and a total of $ 4,1,56.7 / in real
property taxes that were paid or would have been paid in the most recent
year, desires to be an organization designated pursuant to the provisions of
Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the
.referenced real property, to be used exclusively for charitable and
benevolent put posess in
6+- NV7Tj ?!✓ G�l G/.f+/CFe- S< - GAS (rirt //q C �t2 S yr
fSTjv...�..��,�e �'>ly, �o �.,i � , ,�v it �f ✓rke .O g .
r
(Describe proposed use of real property, f applicable)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section l.b)
lb. Your Petitioner,
a Virginia, non- stock, not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia, with a total assessed value of $ and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in
(Describe proposed use ofpersonal property, if applicable)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
1. (Q): Whether the organization is exempt from taxation
pursuant to Section 501 (e) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954 on /9/0 7
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
A:
3. (Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): 4�1
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
such organization is generated by fiords received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
m othermatepal services.
(A): —�
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the co n/
good of the public in as much as it _ Z,i r Z7D%n�'
(D�sn ibe the public servire)
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): AL
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): / n
8. (Q): Whether there is a significant revenue impact to the
locatity and its taxpayers of exempting the property.
(A): zo
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance. ,r
(A):� cAVF 5Lw.✓p4%`%Rc
(Provide as necessary).
Note: All Tax Exemption Petitions must be filed with the City
Clerk's Office.
"fHEREPORE, your Petitioner,�%J(ey
respectfully requests to the Council of the City the foi�Ro oke that this real or
personal property, m both, of your Petitioner be designated exempt from
taxation so long as your Petitioner is operated not for profit and the
PI Opel exe npt is used for the particular proposes of providing
C�9iiI�pV f I4 C Crt✓G SCr UC <S ._
(Repeat proposed use of proper(,).
Respectfully submitting this
//day 201.
President
00— MELROSE AVENUE SEVENTH -DAY ADVENTIST CHURCH
��_ 1601 Melrose Avenue, N.W.
P.O. Box 6311
Roanoke, VA 24017
540 - 343 -7174
September 25, 2017
Mr. Sherman A. Holland
Commissioner of the Revenue
Noel C. Taylor Municipal Bldng
215 Church Ave SW, Room 251
Roanoke,VA 24011
Dear Mr. Holland
In September 2016 we, Melrose Avenue Seventh -day Adventist Church (under the Allegheny West
Conference corporation) purchased the properties located at 1523 Melrose Ave NW (map #221709), the
adjacent lot at 1507 Melrose Ave NW (map #221710) and we are requesting tax exemption status on
these two properties. On September 25, this property will open as the Melrose Adventist Child
Development Center ( MACDC).
Enclosed is a letter from our Conference regarding this tax exemption request.
MACDC (1523 Melrose Ave) will have its ribbon cutting ceremony this Saturday, September 30 at
10 a.m. followed by an 11 a.m. worship service at the church (directly across the street). You are
cordially invited to attend this joyous and blessed event and hope your schedule allows you to do so.
Also included in the Conference letter is tax exemption requested for church property located at 1831
Moorman Road NW.
If you have any questions, Pastor Shaun Arthur can be reached at 540- 343 -7174 (church) or 614 -940-
9714 (home).
Thanking you in advance for your attention to and consideration of this request.
Sincer ly,
De'ee Frye
Treasurer
Enc.
\ ALLEGHENY
1 WEST CONPBRNNCE
Office of the Chief Financial Officer
September 20, 2017
To Whom It May Concerns,
The Melrose Avenue Child Development Center, located on 1523 Melrose Ave, NW, Roanoke,
which also utilizes the following address: 1507 Melrose Ave NW, Roanoke and Melrose SDA
Church also utilizes the following address: 1831 Moorman Road NW, Roanoke, VA are entities
organized as part of the Allegheny West Conference of Seventh -Day Adventists. This center is
listed under the Seventh -Day Adventist Church's 501C -3 and receives all the rights and
privileges of the exemption and meets the requirements of this type of organization.
Our Organization Tax Exemption Number is: 31- 0729212 (Allegheny West Conference)
52- 0643036 (General Conference)
If you have any additional questions or concerns, please feel free to contact me at
hnursena.awconfore or at 614 - 252 -5271 ext. 16.
Sincerely,
W7 -0-1�-
H. Candace Nurse
Chief Financial Officer
Allegheny West Conference
Aftheny West Confewee rorpoWw of ae mthday Adwm
1339 Eat Broad Sheet I Columba, OH 43 205 -15 03 SEVENTH -DAY
Telephone 614252 -5271 700free 800 -23 &9707 Fax 614252 -3246 ADVENTIST CHURCH Aj
We&Meu .AWCOO n
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE SHERMAN A. HOLLAND
b wd O l-1JU 1,14 Cmmniscioner
F ° l
LMP;125UN
- � CLivf fl nnlS
October 6, 2017
Ms- Desiree Fiye, Treasurer
Melrose Avenue Seventh -Day Adventist Church
P_O. Box 5311
Roanoke, VA 24017
Re- Exemption of properties located at 1523 Melrose Ave., NW (Parcel No.
2221709), 1507 Melrose Ave., NW (Parcel I1 2221710) and 1831
Moorman Road, NW (Parcel No. 2210101)
Dear Ms. Frye:
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned properties. The above parcels are currently
being taxed by the City of Roanoke for real estate taxes. Based on the information
submitted, these properties are not eligible for exemption by classification or designation.
However, you may submit a petition to the City Clerk's Office to apply for an exemption
for non -profit organizations through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: 1/ Stephanie Moon Reynolds, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SW, Room 251 + Roanoke, Virginia 24011
Phone (540) 853 -2521 + bax (540) 853 -1115 r wwm ra.m,k,gov_ com
4/912018
Mall - msdat7@hotmall.wm
Fwd: Melrose Adventist Child Development Center �!��so�4e_' lol «r
Carldin Arthurs <ArthursC @avvconf.crg>
Men 4/9/2018 3:34 PM
To Desiree Frye <msdat7 @hotmail corn >;
Get Outlook for OS
From: Melissa Dales <Melissa.Dales @roanokeva.gov>
Sent: Monday, April 9, 2018 2:00:26 PM
To: Carldin Arthurs
Subject: Re: Melrose Adventist Child Development Center
Pastor Arthur,
The business personal property account for Melrose Adventist Child Development Center has been added to the system.
The business personal property assessed value for tax year 2018 is $27,499 and the tax amount due is $948.72.
The tax bill will be mailed next week and is due on or before May 31, 2018.
I hope this is helpful.
Sincerely,
Melissa
Melissa Lucas Dales
Tax Compliance Auditor
Commissioner of the Revenue's Office
City of Roanoke
215 Church Avenue SW, Room 251
Roanoke, VA 24011
Phone: (540) 853 -2524
Fax: (540)853 -1115
The contents of this message are legally privileged and confidential under Title 58.1 -3 Code of Virginia and all other applicable
laws. This message is intended only for the use of the individual or entity in which it is addressed. If the reader of this message
is not the intended recipient or the employee or the responsible agent for delivering the message to the intended recipient, you
are hereby notified that any dissemination, distribution, or copying of this Communication is prohibited.
From: Caddla Arthurs NrthursC @ammn(ag>
T. Melissa Dales<mellssadaIas @ roamkeva.gov
Date: 04/052018 03'59 AM
Subject Re: Melrose Adventist Child Development Center
Mips: / /outlwk.live wwdowa/Fpath= /maiVinboWM 1/3
Dishwasher
2017
$2,695.00
1
$2,685.00
2017
Stainless Steel Freezer
2017
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SS Racks and Shelves
2017
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SS Refrigerator
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Stackable Washer and Dryer
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Window shades
2017
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Brown sofa
2017
$701.80 w..
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2017
Nesbng tables
2017
$3]290
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Chairs
2017
$11592
11
$1,854.]2
2017
Reception Desk
2017
$1,08515{
1
$1,08515
2017
Director's Desk
2017
$69135
1
$691.35
2017
Lobby child table &oheirs
2017
$13381 °'
1
$133.81
2017
Samsung - 40'Class LED -1080p -Smart HDTV - Black
2017
$32800] xiEZ
3
$98400
2017
Samsung - 55'Clan LED -1080p -Smart HDTV - Black
2017
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2017
HP Pavilion All -In -One
2017
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HP Pawllon All -In- One - Touch screen
2017
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HP Pavilion Laptops -15t
2017
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4
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2017
KidKmft Ultimate Comer Play Kitchen with Lights and Bounce
2017
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2017
Step2 Neighborhood fun center
2017
$33998 j+,.
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Step2 S4 and Play Junior Picnic Table with Removable Unit
2017
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Step2 Gather &Grill Playhouse
2017
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Step2 Rein Showers Splash Pond Water Table
2017
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Busy Ball May table
2017
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Waterfall discovery well
2017
$4124
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ECR4Kids Peek -A -BO Caterpillar Climbing Play Structure
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Little bug walking no,
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Liquid Tile Mats
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Nap Mats
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Step on Up- Toddler Charging Table
2017
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1
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2017
Rectangular Kids Color Adjustable Tables- Low 30' x]8' table
2017
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Touch of Color Stacking Chairs -912'
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Touch of Color Slacking Chairs -11 112'
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Touch of Color Stacking Chairs- 13112'
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Comfy Comer Listening Center
2017
$299.001`n"
1
$299.00
2017
Exlra-wide Comfy Couch
2017
$24900
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Bi Beanbag Seat
2017
$69.991
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$209.97
Getting Ready to Read Carpet - 9' x 12'
2017
$479.00
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2017
$299.00
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United States Activity Carpets 6'x 9'
2017
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2017
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2017
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Pretend &Play Market
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2017
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; -,:�
1
$329.00
Heary -Duy Toddler Dressi Center
2017
$329.00T
1
$329.00
Store Anything Shelves & Cobbles
2017
$359.00
1
$359.00
Clear View Bins - Set of
2017
$41.50
"
1
$4150
Heary -Duy Toddler Storage Unit
201]
$2]9.00
1
$279.00
Heary -Duty Fold Fold & Roll Storage Unit
2017
$679.00
x*:
2
$1,358.00
See-Everything Law Storage Unit with Acrylic Back
2017
$29900
2
$598.00
See - Everything Medium Storage Unit with Acrylic Back
2017
$349.00
2
$698.00
Round Table , 4 chains
unknown
'gH9y, J.
$114.50
1
$114.50
3 Red Tables
unknown
$114.50
3
$343.50
2 Semi Circle Tables
unknown
2 _
,^�!
$114.50
2
$229.00
Book Case
unknown
'�.
$2500
1
$2500
Plano
unknown
$15000
1
$150.00
2 Small Cabinets
2017
2
$198.00
2 Large Cabinets
unknown
$300.00
2
$60000
S'ek ROOM Cabinet and Cot
unknown
$100.00
1
$10000
Directors File Cabinet
unknown
$50.00
1
$50.00
Kitchen Microwave Staff)
unknown
< waft 1
$150.00
1
$150.00
Vacuum
2017
". ^.."
1
$80.00
Nominee. Items (stovel. Rake. Ecl)
unknown
515.00
4
$6000
Heaters 3 New @ $99. 1 Old @$99 and 1 Other
unknown
' .i
$99.00
4
$396.00
Pop Up Tent
known
1U,
$45.00
1
545.00
Shed
unknown
$35000
1
$35000
Fans
"_�
$2000
2
$40.00
Kinetic Sand! Colonel e
2017
$42 99
2
$85.98
Therapuly
2017
$2699
F -"' y
2
$53.98
Themputy
2017
$2699
2
$53.98
Therepulty
2017
$26.99
r- '
2
$53.98
FOAM SENSORY PAINT
2017
$2499w
1
$24.99
MULTI COLOR MAGIC WATER MARBLES
2017
$14991
f""
2
$29.98
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
201]
unknown
unknown
unknown
unknown
unknown
201]
unknown
unknown
unknown
unknown
201]
unknown
unknown
unknown
unknown
unknown
201]
201]
2017
201]
201]
2017
ZOOB CAR DESIGNER
2017
$34.99 1
1
$34.99
2017
Soft Unit block starter set
2017
$139.001
2
$27800
2017
hardwood community vehicle set
2017
$29.9f)
$29.99
2017
lakeshore commuinty garages?
2017
$6999',
1
$69.99
2017
block play traffic Signs
2017
$29.991
1
$29.99
2017
Hardwood construction vehicles
2017
$29.991'
2
$5998
2017
block play simple machines
2017
_
$9500
1
$9500
2017
window block
2017
$49.991 rr'.�'^
2
$9998
2017
play People
2017
$3499t
1
$34.99
2017
around town blocks play centers - airport
2017
_
$29991
1
$2999
2017
around town blocks play centers - fire station
2017
$2999E. - %:a!'
1
$29.99
2017
kids among the world play people
2017
$34 99
1
$34P9
2017
magnet color mase
2017
$3999
2
$7998
2017
Dress Frames - complete set
2017
$69.99!___
1
$69.99
2017
Magnetic Designer
2017
$19.99,
1
$19.99
2017
Pattern cards for magnetic designers
2017
$6.99f
1
$6.99
2017
draw antl write touch board
2017
$34.991
1
$34.99
2017
STANDUP MANETIC BOARD
2017
$89991
1
$89.99
2017
JUMBO MAGNETIC DESIGN SHAPES
2017
$39.991 -_
1
$39.99
2017
Lightup building bricks
2017
_
$29.991
2
$5998
2017
star builders
2017
$39991
2
$79.98
2017
NUTS AND BOLD BUILDERS
2017
$39991
1
$39.99
2017
waffle builders
2017
$39991
1
$39.99
2017
slot A Shape builders
2017
$49.991
1
$49.99
2017
3 -D MAGNETIC BUILDERS
2017
$1199911
1
$119.99
2017
giant number and wonting beads
2017
$29.99r,
r7
1
$29.99
2017
poll
2017
$24.99[-
-
1
$24.99
2017
BEST -BUY BUILDING BRICKS
2017
$99991
1
$99.99
2017
GEOSTICKS
2017
$1999___
2
$39.98
2017
gear builders
2017
$39991,';<
1
$39.99
2017
snap togeMer letter blocks
2017
$4999
1
$49.99
2017
translucent magna builders
2017
$]999
1
$79.99
2017
BIG BOLT CONSTRUCTION SETS
2017
$59991
1
$59.99
2017
Sensory Star beanbags set
2017
$16991
"'
1
$16.99
2017
Toddler Tambonnes
2017
$39.991
2
$7998
2017
sort a shape activity board
2017
$19991
-N -7
1
$1999
2017
color mass si board
2017
$19991
-
1
$1999
2017
SEE INCSIED SORTING BUCKET
2017
$14991
>v
1
$1499
2017
Toddler Career Costume Set
2017
$16900
.
1
$16900
2017
Soft Safe family
Soft Safe family
TODDLER SFAE DOLL HOUSE WITH SOFT FURNITURE
feelings and emotions washable dolls set
big knob first pi set
SCIENCE CENTER
touch and learn picture cards
Lakeshore Career Costume Set
WASHABLE DRESSUP MASKS
HUGGABLE AND WASHABLE BIG BABY DOLLS
SOFT AND WASHABLE SCHOOL DOLL SET
CIRCLE TIME ACTIVITY PUPPET
LAKESHORE PUPPET TREE
big mouth animal puppets
15 player rhythym set
HEAW DUTY RYTHYM SET
magnetic wants
early math activity center
SMART PENCIL MATH LEARNING
peg number boards
GLOBE
GLOBE
Let's go shopping two basket -fmits
Let's go shopping two basket - vegetables
rai Working cash register
Best buy Kitchen Playset
Lakeshore grocery set
Best buy Play food assortment
Soft and squeezy animals complete set
Best buy tub of animals
MOOD AND EMOTIONS MIRRORS
COMMUNTY PLAY CARPET
UNLOCK IT
NAMETAGS
PHOTO NAMEPLATES
APRON
paint bmshas set of 30
no spill paint cups
washable liquid temps
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
2017
$24.99!
$3999:
$14500
$36.99:
$49991
$44.99' ,
$29.99k
$29.99`
$3699;
$39.99r� - - --
$39.991
$49B91
$115001 "_-
$49.991-'--__
$29.99 1
_
$49,991
$29 99$36.991
$3.991l
$12.99L -'
$19.99f
$11991 _ -
$15.997
1
$29.99
2017
1
$29,99
2017
1
$129.00
2017
1
$95.00
2017
1
$4999
2017
2
$139.98
2017
2
$79.98
2017
1
$349.99
2017
2
$59.98
2017
1
$74.99
2017
1
$229.00
2017
1
$45.00
2017
1
$3999
2017
1
$55.00
2017
1
$89P9
2017
1
$4999
2017
1
$24.99
2017
1
$39,99
2017
1
$145.00
2017
2
$73.98
2017
1
$49,99
2017
1
$44.99
2017
1
$29.99
2017
1
$29.99
2017
1
$36.99
2017
1
$39.99
2017
1
$39.99
2017
1
$49.99
2017
1
$115.00
2017
1
$49.99
2017
1
$29.99
2017
1
$49.99
2017
1
$29.99
2017
2
$73.98
2017
2
$7.98
2017
6
$77.94
2017
2
$39.98
2017
2
$23.98
2017
10
$159.90
2017
heavy duty paint aprons
2017
$499'�'tr `,.l
32
$159.68
SPONGE PAINT DESIGN SET
2017
$24.99
1
$24.99
HELP YOURSELF GLUE TUBES
2017
$12.99'."
1
$12.99
Game Hoops - Sat of 3
2017
$16.99 =`
2
$33B8
Game Hoops - Set of 3
2017
$19.99
2
$39.98
Swivel - Handle Jump Rope
2017
$3.99 .P
4
$15.96
Swing and Catch cups -sat of
2017
$15.99 :.
1
$1599
Mini bowling set
2017
$19.99 -
1
$19.99
Heavy -duty hopscotch puzzle mat
2017
$24.99
-
1
$24.99
Ben -Buy Kitchen Playlet
2017
$3199
_, '3 `"'.
2
$63.98
Basketball Goal
$10.99
1
$1099
unknown
Hauck
$19.00
2
$38.00
unknown
Radio Flyer Wagon
$39.00
1
$3900
unknown
Radio Flyer Trike Bike
A�I.
$19.00
2
$3800
unknown
Radio Flyer Big Flyer
c °li
$1900
3
557.00
unknown
Big Wheel
$20.89
2
$41.78
unknown
Power Wheel
$25.00
1
$25.00
unknown
Lima Balls
$2.00
3
$600
unknown
Art Easel
$45.00
1
$4500
unknown
Big Binders
$389
2
$7,78
unknown
Little Binders
$1.64
3
$4.92
unknown
Medium Binders
''-
$2.58
$000
unknown
Books
$0.50
100
$5000
unknown
Crayons
$040
40
$16.00
unknown
Hole Puncher
$15.00
3
$45.00
unknown
Lammator
$10.00
1
$1000
unknown
Printer
$89.00
1
$8900
unknown
Shedder
$2500
$0.00
unknown
Tape
$3.50
10
$35.00
unknown
Formic
I
$549
20
$109.80
unknown
Note Book Paper
$275
30
$82.50
unknown
Gamest Board Games
$27.00
1
$27.00
unknown
Paper Cutter
r
$15.00
1
$15.00
unknown
Total
$45,83140
201)
2017
2017
2017
2017
201)
201)
201)
2017
2017
'18
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - DEPT OF FINANCE
Alto R.B. LAWHORN
STEPHANIE M MOON REYNOLDS, CITY CLERK
NOEL C TAYLOR MUNICIPAL BUILDING. ROOM
456
215 CHURCH AVE SW
ROANOKE. VA24011
Account Number
6012830
Dale
May 14, 2018
Dale
Category
Description
Ad Size
Total Cost
0512712018
Legal Notices
NOTICE OF PUBLIC HEARING
Notice is hereby given that th
1 x 65 L
366.40
NOTICE OF PUBLIC HEARING
Tre at
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n. 0540)853¢ ine Noan nn
CI IV EN I Ins— my h.1i in, 14m day If
co oh �k M. Moon Poynoldx Pal
11szs. °I
6 PM 2 ,49
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
0511412018
The First insertion being given ... 05/1412018
Newspaper reference: 0000752918
Billing Representative
Sworn to and subscribed before me this Monday, May 14, 2018
Notary P li
State of Virginia
j2P:'NOTARY < ,
City /County of Roanoke
II ti•. PUBLIC
- REU. &33264, -Ir
My Commission expires
W : it t, M11V OCMp9,3S',OW `
' VIRt
THIS IS NOT A BILL. PLEASE PAY FROM INVOICF THANR Vrlll .1, rlllrr I"
(? ),�
J/ NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on Monday, May 21, 2018, commencing at 7:00 p.m., in the Council
Chamber, 4's Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke,
Virginia, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of
Virginia (1950), as amended, approving the request of Allegheny West Regional Conference
Corporation of Seventh -Day Adventists, d/b /a Melrose Adventist Child Development Center, for
designation of its real property, identified as Official Tax Map No. 2221709, and commonlyknown
as 1523 Melrose Avenue, N.W., Roanoke, Virginia, as exempt from taxation, and approving the
request of Allegheny West Regional Conference Corporation of Seventh -Day Adventists, d/b /a
Melrose Adventist Child Development Center, for designation of its personal property as exempt
from taxation.
The total assessed value of the applicant's real estate for which tax exemption is being sought
is $400,900.00 for the 2018 tax year, with a tax of $4,891.00. The loss of revenue will be $3,913.00
annually after a 20% service charge is levied in lieu of real estate taxes.
The total assessed value of the applicant's personal property for tax year 2018 is $27,499.00,
with a total personal property tax assessment of $949.00 for the 2018 tax year.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, (540) 853 -2541, by 12:00 Noon on Thursday, May 17, 2018.
GIVEN under my hand this 14th day of May 2018.
Stephanie M. Moon Reynolds, MMC
City Clerk
K \O "'SOE .1 IC NEARIYO] 0189 =1 -IA TA %E£GIPT PH NOTIOE"I'D REAL PROPERR I Y SFV EMIT OAY AP1LTTISTSFH FOSE AEPTWIS 1C H11D
OEI 11 IVNE Vf I'D HEK .1
Note to Publisher:
Please publish once in the Roanoke Times, Legal Notices, on Monday, May 14, 2018
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Phone: (540) 853 -2541
Send Invoice to:
R. B. Lawhom
Manager
Management and Budget
215 Church Avenue, S.W., Room 357
Roanoke, Virginia 24011
N DTOD 'I E111-111 I111.D A'''IIB I A% cxEART ru NOTICE ? ?AmREAL 111P11 11111T. OAYAD.... A.. MmR011 AUVFtinsr IDILD
OF\ELOIMI NT CET ROOC
S I'EI'IIANl4: M. MOON REYNOLDS, MM('
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
16,1,pne (540)853 -2541
Fax: (540) 853 -1145
E -ne.& rlcrk(flrnanekeva...
May 22, 2018
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
CE.C'ELIA F. MCC'OY
D pnly City Clerk
CECELIAT. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 41142 - 052118 amending and reordaining the
Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.1, Erosion
and Sediment Control, and adopting a new Chapter 11.7, Erosion and Sediment
Control, a comprehensive revision of the erosion and sediment control regulations of the
City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sincerely,
Cecelia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Municipal Code Corporation
May 22, 2018
Page 2
PC: Donald S. Caldwell, Commonwealth's Attorney
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Timothy R. Spencer, Senior City Attorney
Amelia C. Merchant, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Christopher L. Chittum, Director, Planning, Building and Development
Ian D. Shaw, Planning Administrator
George R. Nevergold, Development Review Coordinator
Dwayne D'Ardenne, Manager, Stormwater Division
61�?
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41142 - 052118.
AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as
amended, by repealing Chapter 11. 1, Erosion and Sediment Control and adopting a new Chapter
11.7, Erosion and Sediment Control, a comprehensive revision of the erosion and sediment
control regulations of the City; and dispensing with the second reading of this ordinance by title.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 11.1, Erosion and Sediment Control, consisting of Sections 11.1 -1
through 11.1 -16, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED.
2. The Code of the City of Roanoke (1979), as amended, is amended and reordained
by the addition of a new Chapter 11.7, Erosion and Sediment Control, consisting of Sections
11.7 -1 through 11.7 -10, to read and provide as follows:
Chapter 11.7. Erosion and Sediment Control.
Sec. 11.7-1. Purpose of chapter.
Sec. 11.7 -2. Definitions.
As used in this chanter, unless the context requires a different meaning, the
following terns shall have the following meanings:
"A¢reement in
lieu of a
plan" means a contract between the
plan- approving
authority and
the owner
that specifies conservation measures
that must be
implemented in the construction of a single - family residence. The agreement may
be executed by
the plan- aporovina
authority in lieu of a formal site
plan.
Erosion and Sediment Control Ordinano"54- 18 7RS.docx
"Certified inspector" means an employee or agent of a VESCP authority who (i)
"Certified plan reviewer" means an employee or agent of a VESCP authority
who (i) holds a certificate of competence from the Board in the area of plan
professional soil scientist as defined in 0 54.1 -1000.
"Certified program administrator" means an employee Pr agent of a VESCP
authority who (i) holds a certificate of competence from the Board in the area of
"Department" means the Department of Environmental Ouality.
"Director" means the Director of the Department of Environmental Quality.
"District" or "soil and water conservation district" means a political subdivision
of the Commonwealth organized in accordance with the provisions of Article 3
(& 10.1-506 et seo 1 of Chapter 5 of Title 10.1
action or other coastal Processes.
Erosion and Sediment Control Ordinance-05 -448 TRS.docx
(a) Minor land - disturbing activities such as home gardens and individual
home landscaping- repairs and maintenance work;
(b) Individual service connections;
the road street or sidewalk that is hard - surfaced;
(d) Septic tank lines or drainage fields unless included in an overall plan for
land - disturbing activity relating to construction of the building to be
served by the septic tank system;
(e) Permitted surface or deep mining operations and projects or oil and gas
operations and projects conducted pursuant to Title 45.1 of the Code of
Virginia;
agricultural or improved pasture use as described in Subsection B of
Section 10.1 -1163;
(g) Repair or rebuilding of the tracks, rights -of -way, bridges, communication
facilities and other related structures and facilities of a railroad companv;
Erosion and Sediment Connol Ordinaace-05 -4 -1 S TRS.docx
(j) Installation of fence and sign posts or telephone and electric Poles and
other kinds of posts or Poles: and
(kl Emergency work to protect life limb or property and emergency repairs;
however if the land - disturbing activity would have required an approved
erosion and sediment control plan if the activity were not an emergency.
then the land area disturbed shall be shaped and stabilized in accordance
with the requirements of this chapter.
access its bankfull bench and its floodplain.
"Owner" means the owner or owners of the freehold of the Premises or lesser
estate therein mortgagee or vendee in possession assignee of rents receiver
executor, trustee lessee or other person firth or wrporation in control of a
Property.
"Peak flow rate" means the maximum instantaneous flow from a given storm
condition at a particular location.
"Person" means any individual partnership fimm association joint venture,
"Runoff volume" means the volume of water that runs off the land development
proiect from a prescribed storm event
Erosion and Sediment Control Ordin.nc 05 -4 -18 TRS.dmx
"Water auaGty volume" means the volume equal to the first one -half inch of
runoff multiplied by the impervious surface of the land development project.
Sec 11.7-3. Local erosion and sediment control Program and regulations.
Pursuant to Section 62.1- 4415'54 of the Code of Virginia- the City hereby
Sec 11.7-4. Timing of approvals applicable regulations
(a) Plans approved Prior to lulu 1 2014. In accordance with Section 62.1-
44 15.52 of the Code of Virginia any Plan approved Prior to July 1 2014,
that provides for stormwater management that addresses any flow rate
capacity and velocity requirements for natural or man -made channels shall
satisfy the flow rate capacity and velocity requirements for natural or man-
made channels if the practices are designed to (i) detain the water quality
volume and to release it over forty -eight (48) hours' (ii) detain and release
over a twenty-four -hour (24 -hour) period the expected rainfall resulting
from the one-yew, twenty- four -hour (24 -hour) storm: and (iii) reduce the
allowable peak flow rate resulting from the 1 5, 2, and 10 -year, twenty-
four -hour (24 -hour) storms to a level that is less than or equal to the peak
flow rate from the site assuming it was in a good forested condition,
achieved through multiplication of the forested peak flow rate by a
reduction factor that is equal to the runoff volume from the site when it
was in a good forested condition divided by the runoff volume from the
site in its proposed condition and shall be exempt from any flow rate
capacity and velocity requirements for natural or man-made channels
For Plans approved on and after Julv 1, 2014, the flow rate capacity an d
velocity requirements for natural and man-made channels shall be satisfied
by compliance with water quantity requirements specified in Section 62 1-
4415.24 et seg., of the Code of Virginia and 9VAC25- 870 -66 of the
Virginia Stormwater Management Program regulations, unless such land-
disturbing activities are in accordance with the grandfathering previsions
of the Virginia Stormwater Management Program regulations.
Sec. 11.7-5. Plan- approving authority.
Erosion and Sediment Control Ordinance -05 -4-18 TRS.docx
City shall employ a Person or persons to be a certified program
administrator, a certified plan reviewer, and a certified inspector.
Program Administrator shall have plan- approving authority and inspection
authority and may delegate such authorities to appropriately certified staff.
Sec. 11.7 -6. Plan requirements.
approved by the Program Administrator. No approval to begin a land
disturbing activity will be issued unless evidence of state permit coverage
is obtained where it is required.
(b) Required contents for an erosion and sediment control plan and required
certification of the plan preparer shall be as set forth below:
(1) Where the land disturbance involves the construction of any
single - family dwelling and such disturbed area is less than ten
thousand (10,000) square feet:
(i) The plan shall consist of an agreement in lieu of a plan,
such agreement to be supplied by the Department of
Planning, Building and Development.
ii) When the agreement in lieu of a plan form is submitted
with a building and zoning permit application, it shall be
considered as an executed agreement between the owner
and the City when the building and zoning permit is issued.
The Program Administrator may impose additional
requirements as a condition of approval or as field changes
require once the project is underway.
(2) Where the disturbed area is two thousand five hundred (2.500)
square feet or more but less than ten thousand (10,000) square
feet:
(i) The plan shall consist of a site plan demonstrating
compliance with 9VAC25- 840 -40, Minimum Standards
Erosion and Sedimmt Control Ordinance- 05-0-18 TRS.d..
I through 18 The Program Administrator may require
documentation of compliance with Minimum Standard 19,
if the Program Administrator determines that a proposed
conveyance or downstream channel is inadequate based on
documented flooding issues or the proposed work could
impede flow causing upstream flooding.
(ii) The plan shall be prepared by a certified responsible land
disturber, a certified landscape architect or a professional
engineer.
_(iii) Exception — the Program Administrator may allow an
agreement in lieu of a plan for temporary activities such as
a construction lavdown area when the area of disturbance
will be restored by a permanent seeding or by permanent
seeding or restoration to its original established condition if
the existing condition is not a lawn or Yard
(3) Where the disturbed area is ten thousand (10,000) square feet or
more:
i) The plan shall consist of a site plan and narrative
demonstrating compliance with 9VAC25- 840-40,
Minimum standards 1 through 19.
(ii) The plan shall be prepared by a certified landscape
architect or a professional engineer.
_(iii) When an erosion and sediment control plan or agreement in
lieu of a plan is required it shall be incorporated into the
basic development plan or comprehensive development
plan required by Chapter 36.2 Zoning of the City Code, or
into a subdivision site plan required by Chapter 31.1
Subdivisions of the City Code The review of such plan or
agreement shall occur within sixty (60) days of their
submittal or such review time frames as set out for such
plans in Chapters 31 .1, Subdivisions. and 36.2, Zoning of
the City Code, whichever is shorter.
(iv) The standards contained within the Virginia Erosion and
Sediment Control Regulations and the Virginia Erosion and
Sediment Control Handbook, as amended, are to be used by
the applicant when making a submittal under the provisions
of this chapter and in the preparation of an erosion and
sediment control plan. The Program Administrator, in
considering the adequacy of a submitted plan, shall be
guided by the same standards regulations and guidelines
Erosion and Sediment Control Ordinance- 05 -4 -18 TRS.docx
When the standards vary between the publications, the
State regulations shall take precedence
the regulations promulgated by the Virginia Department of Environmental
Ouality, and if the person responsible for carrying out the plan certifies
that such person will properly perform the measures included in the plan
and will conform to the provisions of this chapter. In addition, as a
prerequisite to engaging in the land- disturbing activities shown on the
approved plan the person responsible for canning out the plan shall
provide the name of the responsible land disturber, to the program
authority, who will be in charge of and responsible for carrying out the
land-disturbing activity. Failure to provide the name of the responsible
land disturber, prior to engaging in land - disturbing activities may result in
revocation of the approval of the plan and the person responsible for
amino out the plan shall be subject to the penalties provided in this
chapter.
1) When the plan is determined to be inadequate, written notice of
disapproval stating the specific reasons for disapproval shall be
communicated to the applicant The notice shall specify such
modifications terms and conditions that will permit approval of
the plan If no action is taken within forty -five (45) days, the plan
shall be deemed approved and the person authorized to Proceed
with the proposed activity.
(2) The Program Administrator shall approve or disapprove an y
erosion and sediment control plan that has been previously
disapproved within twelve (12) business days after the plan has
been revised and resubmitted.
promulgated by the Virginia Department of Environmental Quality and
the applicant certifies on the plan that such applicant will properly perform
the measures included in the plan and will conform to the provisions of
this chapter.
Erosion and Sediment Control Ordinance-054-18 7RS.docx
to the plan shall be consistent with the requirements of this chapter and
agreed to by the Program Administrator and the permittees
(f) Variances: The Program Administrator may waive or modify any of the
standards that are deemed to be inappropriate or too restrictive for site
conditions by granting a variance A variance may be grunted under these
conditions:
1. At the time of plan submission, an applicant may request a
variance to become part of the approved erosion and sediment
control plan The applicant shall explain the reasons for requesting
variances in writing Specific variances which are allowed by the
Program Administrator shall be documented in the Plan.
2 During construction the person responsible for implementing the
approved plan may request a variance in writing from the Program
Administrator. The Program Administrator shall respond in
writing either approving or disapproving such a request If the
Program Administrator does not approve a variance within ten (l O)
dUs of receipt of the request the request shall be considered to be
disapproved Following disapproval the applicant may resubmit a
variance request with additional documentation.
3 The Proptam Administrator shall consider variance requests
iudiciously, keeping in mind both the need of the applicant to
maximize cost effectiveness and the need to protect off -site
properties and resources from damage.
_(_) In order to prevent further erosion the Program Administrator may require
approval of a Plan for any land identified in the local program as an
erosion impact area.
(h) When a land - disturbing activity will be required of a contractor
Performing construction work pursuant to a construction contract the
preparation submission and approval of an erosion and sediment control
plan shall be the responsibility of the owner.
i) In accordance with the procedure set forth in Section 62.144.15.55 (E) of
the Code of Virginia any person engaging in more than one jurisdiction
in the creation and operation of wetland mitigation or stream restoration
banks which have been approved and are operated in accordance with
applicable federal and state guidance laws or regulations for the
establishment, use, and operation of wetland mitigation or stream
restoration banks, pursuant to a mitigation banking instrument signed by
the Virginia Department of Environmental Quality, the Marine Resources
Commission, or the U.S Army Corps of Engineers, may, at the option of
that person, file general erosion and sediment control specifications for
Erosion and Sediment Control Ordinancr054 -I8 TRS.doc
wetland mitigation or stream restoration banks annually with the Virania
State Water Control Board for review and approval consistent with
guidelines established by the Virania State Water Control Board.
Approval of general erosion and sediment control specifications does not
relieve the owner or operator from compliance with any other local
ordinances and regulations including requirements to submit plans and
obtain permits as may be required by such ordinances and regulations.
(i) State agency and Federal entity projects are exempt from the provisions of
this chapter except as provided for in Section 62.1-44.15:56 of the Code of
Virginia.
Sec. 11.7-7. Permits; fees; security for performance.
(a) The Program Administrator shall issue a land disturbing permit when the
applicant meets the following conditions:
(1) A plan or an agreement in lieu of a plan has been approved by the
Program Administrator.
(2) The applicant submits to the Proaram Administrator certification
that the plan will be followed and evidence of state permit
coverage where it is required.
(3) The applicant has provided the name of the certified responsible
land disturber who will be in charge of and responsible for
carrying out the land - disturbing activity. The Program
Administrator may waive the requirement for a certified
responsible land disturber for any project disturbing less than ten
thousand (10,000) square feet of area. However, if a violation
occurs during the land - disturbing activity, then the person
responsible for carrying out the plan shall correct the violation and
the Program Administrator may require a certified responsible land
disturber to be identified.
4) All applicable fees have been paid. The schedule of fees and
charges shall be as set forth in the fee compendium of the City as
adopted and amended from time to time by City Council. Such
fees and charges shall be paid (a) in full upon application, or (b)
pursuant to the deferred payment program set forth in Section 2-
178.2 of the City Code.
5) Where the estimated cost for initiating and maintaining appropriate
erosion and sediment control measures is five thousand dollars
($5,000) or more, the applicant shall provide to the Program
Administrator a cash escrow or an irrevocable letter of credit or
insurance bond acceptable to the City to ensure that measures
Erosion end Sedimmt Control Ordinanca054-I8 TRS.docx 10
could be taken by the City, or on behalf of the City, at the
applicant's expense should the applicant fail after proper notice,
within the time specified to initiate or maintain appropriate
conservation measures required of the applicant by the approved
plan m a result of the applicant's land - disturbing activity.
The amount of the performance guarantee shall not exceed the total
of the estimated cost to initiate and maintain appropriate erosion
and sediment control measures based on unit price for new Public
or private sector construction in the locality and a reasonable
allowance for estimated administrative costs and inflation which
shall not exceed ten percent (10%) of the cost of the measures.
Should it be necessary for the City to install erosion and sediment
control measure the City may collect from the pennittee any costs
in excess of the amount of the performance guarantee held.
Within sixty (60) days of adequate stabilization m determined by
the Program Administrator in any project or section of a project,
such performance guarantee or the unexpended or a
unobli p, red
portion thereof, shall either be refunded to the permittee or be
terminated based upon the percentage of stabilization
accomplished in the project or project section These requirements
are in addition to all other provisions relating to the issuance of
permits and are not intended to otherwise affect the requirements
for such permits.
Sec 11.7-8. Monitoring, reports, and inspections.
(a) The responsible land disturber shall be in charge of and responsible for
carrying out the land- disturbing activity and provide for periodic
inspections of the land - disturbing activity. The Program Administrator
may require the person responsible for carrying out the plan to monitor the
land disturbing activity. The person responsible for carrying out the plan
will maintain records of these inspections and maintenance, to ensure
compliance with the approved plan and to determine whether the measures
required in the plan are effective in controlling erosion and sedimentation
plan and to determine whether the measures required in the plan are
effective in controlling erosion and sedimentation. The owner, permittee,
or person responsible for carrying out the plan shall be given notice of the
inspection.
If the Program Administrator determines that there is a failure to comply
with the plan, notice shall be served upon the permnittee or person
Erosion and Sediment Control Ordinance 05 -4 -I8 TRS.docx
responsible for carrying out the plan by mailing with confirmation of
delivery to the address specified in the Permit application or in the plan
certification or by delivery at the site of the land- disturbing activities to
the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and
shall specify the time within which such measures shall be completed.
Upon failure to comply within the specified time the permit may be
revoked and the permittee or person responsible for carrying out the plan
shall be subject to the penalties provided by this chapter.
(c) Upon issuance of an inspection report denoting a violation of Sections
62.1-44.15:55 and 62.1- 4415.56 of the Code of Virginia, the Program
Administrator may, in coniunction with or subsequent to a notice to
comply as specified in this ordinance, issue an order requiring that all or
part of the land - disturbing activities permitted on the site be stopped until
the specified corrective measures have been taken.
If land - disturbing activities have commenced without an approved plan,
the Program Administrator may issue an order requiring that all of the
land - disturbing activities be stopped until an approved plan or any
required permits are obtained.
Where the alleged noncompliance is causing or is in imminent danger of
causing harmful erosion of lands or sediment deposition in waters within
the watersheds of the Commonwealth, or where the land- disturbing
activities have commenced without an approved plan or any required
permits such an order may be issued without regard to whether the
alleged violator has been issued a notice to comply as specified in this
ordinance otherwise such an order may be issued only after the alleged
violator has failed to comply with such a notice to comply.
The order shall be served in the same manner as a notice to comply, and
shall remain in effect for a period of seven (7) days from the date of
service Pending pplication by the City or permit holder for appropriate
relief to the Roanoke City Circuit Court. The City shall serve such order
for disturbance without an approved plan or permits upon the owner by
mailing with confirmation of delivery to the address specified in the land
records Said order shall be posted on the site where the disturbance is
occurring, and shall remain in effect until permits and plan approvals are
secured, except in such situations where an agricultural exemption applies.
If the alleged violator has not obtained an approved plan or any required
permits within seven (7) days from the date of service of the order, the
Program Administrator may issue an order to the owner requiring that all
construction and other work on the site, other than corrective measures, be
stopped until an approved plan and any required permits have been
Erosion and Sediment Control Ordinance-054 -18 7RS.docx
obtained Such an order shall be served upon the owner by mailing with
wnfinnation of delivery to the address specified in the permit application
or the land records of the City.
The owner may appeal the issuance of an order to the Roanoke City
Circuit Court.
Any person violating or failing neglecting or refusing to obey an order
issued by the Program Administrator may be compelled in a proceeding
instituted in the Roanoke City Circuit Court to obey same and to wmply
therewith by iniunction mandamus or other appropriate remedy.
Upon completion and approval of corrective action or obtaining an
approved plan or any required permits the order shall immediately be
lifted.
Nothing in this section shall prevent the Proemm Administrator from
taking any other action authorized by this chapter.
Sec 11.7-9. Penalties injunctions, and other legal actions.
(a) Violators of this ordinance shall be guilty of a Class I misdemeanor.
(b) Any person who violates any provision of Sections 62.1-44.15:55 or 62.1-
44 1556 of the Code of Virginia shall upon a finding of the Roanoke City
General District Court be assessed a civil penalty. The civil penalty for
Virginia.
(c) The Prow: m Administrator, or the owner or property which has sustained
damage or which is in imminent danger of being damaged, may apply to
the Roanoke City Circuit Court to enjoin a violation or a threatened
violation of Sections 62.1- 44.15:55 or 62.1- 44.15:56 of the Code of
Virginia without the necessity of showing that an adequate remedy at law
does not exist.
Erosion and Sediment Control Ordinanca05 -4 -I8 TRS.dmx
However an owner of property shall not apply for injunctive relief unless
such owner has notified in writing the person who has violated the local
program and the Program Administrator, that a violation of the local
program has caused or creates a probability of causing, damage to such
owner's property, and neither the person who has violated the local
program nor the program authority has taken corrective action within
fifteen (15) days to eliminate the conditions which have caused, or create
the probability of causing damage to his property.
(d) In addition to any criminal or civil penalties provided under this
ordinance any person who violates any provision of Sections 62.1-
44 15.55 through 62.1-44.15'65 of the Code of Virginia may be liable to
the City in a civil action for damages.
e) Without limiting the remedies which may be obtained in this section, an
person violating or failing neglecting or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to this section shall be
subject in the discretion of the court to a civil penalty not to exceed two
thousand dollars ($2,000) for each violation A civil action for such
violation or failure may be brought by the City.
Any civil penalties assessed by a court shall be paid into the treasury of
the City except that where the violator is the locality itself, or its agent,
the court shall direct the penalty to be paid into the state treasury
(R) The Commonwealth's Attorney shall upon request of the City, take legal
action to enforce the provisions of this chapter.
met and the complaining party must show negligence in order to recover
any damages.
Sec. 11.7-10. Appeals and iudicial review.
(a) Final decisions of the Program Administrator under this chapter shall be
subject to review by the Roanoke City Circuit Court provided an appeal is
Erosion and Sediment Control 0rdinance- 05 -4 -I8 TRS.dmx 14
filed within thirty (30) days from the date of any written decision
adversely affecting the rights duties or privileges of the person engaging
in or proposing to engage in land - disturbing activities.
3. This ordinance will become effective immediately upon adoption.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Erosion and Sedimmt Control Ordinanca05 -4 -I8 TRS.docx
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2015
Subject: Adoption of an Erosion and Sediment Control Ordinance
Background:
Roanoke's Erosion and Sediment Control code protects water quality by
preventing sediment -laden runoff from construction sites. All localities in Virginia
are required to adopt and administer an Erosion and Sediment Control program.
Roanoke last adopted an ordinance in 1997. Since then, terminology and
regulations have been updated and reflected in a model ordinance developed by
the Virginia Department of Environmental Quality. Staff used the model code to
develop the proposed ordinance, which repeals Chapter 11.1 Erosion and
Sediment Control and adopts a new Chapter 1 1.7 with the same title.
The Code of Virginia prescribes minimum requirements for local regulations and
authorizes local governments to adopt more stringent requirements as they deem
necessary to achieve water quality goals. State code requires applicability when
there is 10,000 square feet or more of disturbed land area. In the proposed
ordinance, staff recommends that a lower threshold for disturbed area be
retained, but raised slightly from 2,000 square feet to 2,500 square feet.
Local governments are given flexibility in how they regulate projects disturbing
less than 10,000 square feet. The proposed ordinance would modify
requirements for these smaller projects in the following ways:
• The narrative element of a plan is not required.
• Compliance with Minimum Standard 19 is not generally required unless
there is a known drainage problem.
• A plan can be prepared by a Responsible Land Disturber (or a certified
landscape architect or a professional engineer).
• No performance guarantee (bond) is required.
• Allow an agreement -in -lieu of a plan for temporary projects where no
grading is occurring.
Considerations:
Reduced plan and bonding requirements for small projects will reduce the cost of
developing small projects. Despite the eased requirements for plans, effective
erosion control measures will still be required. The changes will not reduce the
level of protection afforded. The content of this amendment is consistent with
the information provided to City Council during its briefing on this topic on May
7. 2018.
Recommended Action:
Approve the attached ordinance repealing Chapter 11.1 and adopting a new
Chapter 11 .7 of the Code of the City of Roanoke (1979), as amended.
I btjvlk��-
City olbe� M S. Cowell, Jr.
Ivl City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning, Building, and Development
Ian D. Shaw, Planning Administrator
George R. Nevergold, Development Review Coordinator
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
S'I'EPIIANIE M. MOON REYNOLDS, MMC
G y Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853 -1145
E -mail: clerka3roannkevxgav
May 22, 2018
CF( ELIA F. MC'COV
Deputy City Clerk
CECELIA T. WEBB, CM(-
Ax,mUnt Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 41143 - 052118 amending and reordaining Section
11.6 -603, Enforcement, holds on certificates of occupancy, of Chapter 11.6, Stormwater
Management, Code of the City of Roanoke (1979), as amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 21, 2018, and is in full force and effect upon its
passage.
Sinperely,
`-
&celia T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Municipal Code Corporation
May 22, 2018
Page 2
PC: Donald S. Caldwell, Commonwealth's Attorney
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Timothy R. Spencer, Senior City Attorney
Amelia C. Merchant, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Christopher L. Chittum, Director, Planning, Building and Development
Ian D. Shaw, Planning Administrator
George R. Nevergold, Development Review Coordinator
Dwayne D'Ardenne, Manager, Stormwater Division
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of May, 2018.
No. 41143 - 052118.
AN ORDINANCE amending and reordaining Section 11.6 -603, Enforcement, holds on
certificates of occupan cy, of Chapter 11.6, Stonmwater Management, Code of the City of
Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 11.6, Stormwater Management, Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Sec. 11.6 -603. - Enforcement, holds on certificates of occupancy.
Certificates of occupancy (temporary or permanent) shall not be granted
until the stormwater management features, including but not limited to, all storm
drains, culverts, conveyances, and BMPs, have been installed according to the
approved plans, inspected, as -built and accepted by the city, or the stomrwater
management features are substantially complete and a performance guarantee
consistent with the terms of Section 11.6-806 of the Code of the City of Roanoke
(1979), as amended, is retained by the city.
r e e
2. This ordinance will become effective immediately upon adoption.
3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
lu
LQ+(�City Clerk.
O- Amend Sa. 1r.6 603,d x
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: Amendment to Stormwater Management Code
Background:
Roanoke's stormwater management code is intended to require property owners
to include development features to manage the quantity and quality of
stormwater. Such management is achieved through the use of recognized Best
Management Practices ( "BMPs "). "Bioretention" is a desirable BMP because it
incorporates a constructed natural area to retain water and keep it on the site by
allowing it to infiltrate into the soil.
Several development projects using bioretention have been substantially
complete, but the bioretention areas have not been fully functioning because
plant material is either not installed or not established. The current code is
inflexible in cases where a bioretention area is not yet fully functioning, thus
prohibiting staff from issuing a certificate of occupancy, even under certain
conditions or circumstances.
Considerations:
The proposed amendment would allow issuance of a certificate of occupancy in
cases where BMPs are not fully functioning, provided that the developer maintains
a performance guarantee (bond) to ensure completion. If the development
involves construction of stormwater management features, the City will already
have a performance guarantee in place.
The proposed amendment will provide flexibility and remove a regulatory barrier
to the use of the favored bioretention strategies.
Recommended Action:
Approve the attached ordinance amending Sec. 11.6-603. Enforcement holds
on certificates of occupancv of the Code of the City of Roanoke (1979), as
amended.
� ,, Robert S. Cowell, Jr.
1 City Manager
r
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning, Building, and Development
Ian D. Shaw, Planning Administrator
George R. Nevergold, Development Review Coordinator
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
8'1EYHAN1E M. MOON RLVNOIAXS, MM('
City Clerk
CITY OF ROANOKE
OFFICE OF'I'HE CITY CLERK
215 Church Avenue, S. W., Room 456
Ronnoke, Virginia 24011 -1536
Teieoeone: (540)853 -2541
hux (54(1)953.1145
E uii1: c1n1 kOr,'ounnkevn.pnv
May 22, 2018
Becky McDole
Raz M. Taz, LLC
1402 Patterson Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. McDole:
CECTUA F. M('C'OV
Deputy City C'lu'k
(EC ELIA T. W EBB, CM('
Assixmnt Deputy City Clerk
The Petition for Appeal with regard to replacing at 1402 Patterson Avenue, S. W. was
before the Council of the City of Roanoke at a regular meeting on Monday, May 21,
2018.
On motion, duly seconded and adopted, the appeal was remanded back to the
Architectural Review Board for further review and consideration.
Sincerely,
Cecelia T. T. Webb, CMC
Assistant Deputy City Clerk
Enclosure
PC: Daniel J. Callaghan, City Attorney, Roanoke, Virginia
Robert S. Cowell, Jr., City Manager
Steven J. Talevi, Assistant City Attorney
Parviz Moosavi, Agent, Architectural Review Board
Donna Payne, Secretary, Architectural Review Board
STATEMENT OF CONFLICT OF INTEREST
I, Anita James Price, state that I have a personal interest in
Agenda Item C. 3 (a) of the City Council Agenda for the 7:00 p.m session of
City Council on May 21, 2018, regarding Petition for Appeal filed by Becky
Dole, on behalf of Raz M. Taz, LLC, appealing a decision of the Architectural
Review Board denying her request that includes replacing the wood windows
with new windows, replacing old vinyl siding with new, and to finish installing
vinyl siding on the rear detached garage that currently has a combination of wood
clapboard and vinyl siding at 1402 Patterson Avenue, S. W., Roanoke, Virginia,
because I have had a contractual relationship with Raz M. Taz, LLC
Therefore, pursuant to Virginia Code Sections 2.2 -3110 A. 4 and 2.2 -3112
A. 1, I 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 21" day of May, 2018.
(Seal)
Anita) ames Prig Member of Council
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 Becky McDole, on behalf of Raz M.
Taz, LLC, regarding a decision of the Architectural Review Board at its meeting on
February 8, 2018, denying request that includes replacing the wood windows with new
windows, replacing old vinyl siding with new, and finish installing vinyl siding on the rear
detached garage that currently has a combination of wood clapboard and vinyl siding,
which is not consistent with the H -2 Guidelines. The petition was received in the City
Clerk's Office on Friday, March 9, 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,
May 21, 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 Ms. McDole.
Sincerely,
Stephaniee Mt, Moon R molds, MC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 :hureh Avewe, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone (540)85 1-2541
Fnx: (541))853 -1145
,STEPHANIE M. MOON REYNOLDS, MM(
F. -nmll: elerkUlmnnakevn.gov
C'ECELIA F. MCCOY
City Clerk
Deputy City Clerk
('ECELIA T. WEBB, CM('
Assistant Depntv City Clerk
March 13, 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 Becky McDole, on behalf of Raz M.
Taz, LLC, regarding a decision of the Architectural Review Board at its meeting on
February 8, 2018, denying request that includes replacing the wood windows with new
windows, replacing old vinyl siding with new, and finish installing vinyl siding on the rear
detached garage that currently has a combination of wood clapboard and vinyl siding,
which is not consistent with the H -2 Guidelines. The petition was received in the City
Clerk's Office on Friday, March 9, 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,
May 21, 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 Ms. McDole.
Sincerely,
Stephaniee Mt, Moon R molds, MC
City Clerk
Enclosure
M. DEAN CRANWELL
Attorney and Counselor at Law Telephone (540) 777 -9265
3131 Electric Road facsimile (540) 774 -0780
Roanoke, VA 24018
May 19, 2018
To H uinitble Mayo, and h4embera of City Connul
Rc Appeal Hearing Application Critificates of Appropriateness
1402 Patterson Ave. Roanoke Virginia
Patterson Avenue Historical District
Applicants Statement of Case
Rita M Tax, LI.0 submitted an application fo, a Certificate of Appropriateness for the subject
propem November 7, 2017, The Architecmral Review Board (ARE) rejected the application Pebeuary 8, 2018
and advised the spphcaot by letter dated Pebruary 16, 2018 that the appbc.uon had been rejected. The ARB
f ... her advised in ban letter Amt in order to bring their project into compliance the applicant would need to
perform the following:
1. Remove a poriun of the vinyl installed over, the brick horald on the southeast corner and assess
the brick beneath. If the brick is in goad condition expose he original brick fd;rde. If the brick
was not in good condition propose different siding material such as I IardiePlank and to are the
same material on the basement access endosurc.
2. Remove a portion of the vinyl siding installed over the mod clapboard siding on the detached
accessory building Make every, effort to msintain and repair the existing wood clapboard siding.
Argument
Regarding the southeast earner of the subject property the ARB is basing their decision on the
assumption that the fa5ade beneath the vinyl side is in brick. The Engtoc is actually clapboard with the same
approximate profile as vinyl siding that has bran installed. Please refer to pictures in exhibits "1 ", "2" and
3..
The applicant believes the clapboard siding under the vinyl siding is not salvageable and that it would
not be cost effective to use [IardiePlank as opposed to vinyl siding. The applicant further believes tine vinyl
siding more closely follows the profile of the original siding use on this pardon of the subject property. It is
the applicant's belief that the vinyl siding follows the spirit of design and keeps the historic feel of the
Patterson Avenue Historic Dlsuict.
Regarding the accessory budding /garage; this budding is a two (2) bay clapboard garage and storage
building. Sec exlubita "4" and "S ". -Ilne clapboard siding is in very poor condition with multiple coats of paint
that have scaled and aackad, In addition vegetation has grown on cnncks and gaps in the siding leading to dry
rot and a general bad condition See exhibits "6" and T'. Again the applicant believes that vinyl siding more
closely matches the profile of the original building mateelal and lends itself amore accurate portrayal the
lAston, building nnam,ials .rd in Cut hoildmg.
2_ May 19, 2018
Conchsaioa
"Plae applicant believes that dse project as proposed meets the spirit of the H2 architecmtal
requirement and preserves the historic appearance of the subject property, using modern building materials and
techniques that will stand the test of time.
Respectfully submitted
Ras M Tas, LLC y
By:.
M. Dean Cram , Fsgiu,e
Attachments, Exhibit 1 Phonograph southeastern side of property
Exhlblt 2 Photograph southeastern side of pmpetty close -up
Rxhibit 3 Photograph of material wider siding on southeastern side of property
Exhibit 4 Phorograph of front of garage
Exhibit 5 Photograph of side of garage
Exhibit 6 Phonograph of original garage siding
Exhibit 7 Photograph depicting scaling and rot of original garage siding.
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9ZCITY COUNCIL AGENDA REPORT
AV`
To: Honorable Mayor and Members of City Council
Meeting: May 21, 2018
Subject: 1402 Patterson Avenue, S.W. (Official Tax Map No. 1213308)
Request from Raz M Taz, LLC, represented by Becky McDole,
that includes replacing the damaged double hung wood
windows with new wood windows, replacing vinyl siding on
East rear side of the building with smaller size vinyl siding,
installing vinyl siding on the rear detached garage that
currently has a combination of wood clapboard and vinyl
siding.
Background
A 2%: story, multifamily residential structure constructed in 1910 with a brick
veneer fa4ade and slate roof is located on the subject property, which is 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.
On November 7, 2017, a Certificate of Appropriateness (COA) application
(Exhibit A) was received from Raz M Taz, LLC, for the work that had already
taken place without ARB approval and a building permit.
The applicant demolished a one -story non - historic addition to the building
along 14'h Street, S.W.; removed and replaced the vinyl siding on the southeast
corner of the building; installed three doors facing 14`h Street, S.W.; enclosed
the basement access at the rear of the building with plywood, a door, and a
shed roof with asphalt shingles.
In addition, the applicant proposes the following
1. Install vinyl siding over the rear basement access.
2. Remove the vinyl and aluminum siding from the detached accessory
structure /garage and install vinyl siding over the clapboard siding.
On November 10, 2017, in an e-mail staff notified the applicant to provide
additional information for ARB review of the application (Exhibit B). No
additional information was provided.
On December 7, 2017, e-mail notice was sent to the applicant providing a link
to the ARB agenda package, including the staff report and notification of the
location, date, and time of the ARB meeting (Exhibit Q.
Staff made several attempts to contact the applicant by phone and via e-mail
(Exhibit D). No responses were received from the applicant.
On December 14, 2017, the applicant was not present at the ARB meeting and
the ARB continued the application to the next meeting scheduled for January
11, 2018.
On January 11, 2018, the applicant did not attend the ARB meeting and the
Board continued its review of the application to the next meeting scheduled for
February 8, 2018.
On January 16, 2018, a Notice of Zoning Violation (Z00018 -0033) was sent to
the applicant to comply with the H -2 Design Guidelines (Exhibit E).
On February 8, 2018, in the applicant's absence, the ARB reviewed and denied
the COA application based on its inconsistencies with the Architectural Design
Guidelines. A copy of staff report dated February 8, 2018, is labeled Exhibit F.
The ARB decision was based on the lack of information related to the windows
proposed to be replaced, installation of the vinyl siding, and the proposal to
install vinyl siding on the detached garage at the rear of the property.
On February 16, 2018, a letter denying the certificate of appropriateness was
sent to the applicant (Exhibit G).
On March 9, 2018, a Petition to Appeal the ARB decision was filed in the City
Clerk's office by Raz M Taz, LLC (Exhibit H).
Considerations:
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 criteria upon which the ARB rendered its denial, including the guideline
excerpts that are relevant for consideration of this COA, are detailed in both the
staff report (Exhibit F) and the letter to the applicant dated February 16, 2018,
explaining the ARB's decision (Exhibit G).
Recommended Action:
The ARB, in consideration of the adopted H -2 Architectural Design Guidelines,
found the alterations to be inconsistent with said guidelines. Therefore, ARB
recommends that City Council affirm the ARB decision to deny the Certificate of
Appropriateness for the work that has taken place and the proposed work.
------------------- - - - - --
John Fulton, Chair
Architectural Review Board
Attachments: Exhibit A through Exhibit H
c: Robert S. Cowell, Jr., City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian D. Shaw, Planning Administrator
Jillian Papa Moore, Zoning Administrator
Wayne Leftwich, Senior Planner
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Becky McDole, Raz M Taz, LLC (Applicant)
,`r EXMNBIT
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H -2, Historic Neighborhood
Overlay District
Application for Certificate
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H -2, Historic Neighborhood Overlay District
Detailed Project Description
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Re: 1402 Patterson Ave SW
tazbeckydb 1111012017 08:33 AM
Donna Payne
tazbeckydb 1402 Patterson
Parviz Moose,, Becky Thankyou /or providing me with the Ltst page ofthe windory surve
Becky,
Thank you for providing me with the first page of the window survey. I am now expecting to receive the
following to items to complete your COA application.
1- Pictures of the north, south, east and west sides of the building with window numbers.
2- Close up pictures of the windows showing the damages beyond repairs
3- Window sizes measured
4- Details of wood window products as replacements.
Should you have any questions. please advise
Parvrz Moosavi, Historic Preservation Planner
Planning, Building & Development Department
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -1522
tazbeckydb
tazbeckydb@aol.com
parviz.moosavi @manok eva.gov,
11/0912017 07:03 PM
1402 patlerson
W
rot
sorry 14024,pdf
r
i
Architectural Review Board: Agenda Package for December 14, 2017
chrisvail, jfulton4, ddparrjr, Bill Hume, jmissell,
Katherine Gutshall, bill.mason, bmasonroa, 12/07/201701.14 PM
soliver1340, Yovani Garcia, leeava, consultcja,
Chris Chittum, Ian Shaw, Wayne Leftwich, Paroz Moosavi, Steve
Talevi, Cassandra Barton, Tina Carr, Donna Payne
Donna Payne /Employees /City . of Roanoke
chdsvaf @cox net, ifultan4@cox net, ddparrjr @gmalLcom, "Bill Hume"
<bill hume @idgarchitecture.com >, jmissell@sfcs.com, "Katherine Gutshall"
<kgutshall @hilistudia.cam>, bill.mason@trane.com, bmasonroa@gmail.com,
Dear Board Members, Applicants, and Interested Parties
Please click here to access the December 14, 2017, ARB Agenda Package, which
contains the agenda, staff reports, and applications.
Should you have problems accessing the link, please contact me.
If you have questions regarding the matters before the Board, please contact Parviz
Moosaviat (540) 853 -1522 orparviz .moosavi(aroanokeva.eov.
Applicants and /or agents: Please plan to be present at the ARB meeting on
Thursday, December 74, 2017, at 5:00 p.m., in Council Chamber, Fourth Floor,
Noel C Taylor Municipal Building.
Thank you,
Donna M. Payne
Secretary to the Architectural Review Board
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1730
donna roanokeva.ciov
EXHIBIT
1402 Patterson Ave SW
lazbeckydb 1'.,21! 20' 7 C 1.35 PIA
Tazandbecky04
Parv¢Mr,evv" 1402 Patte,un Ave SW
Dear Becky,
In review of your COA application, the following commentslquestions came up.
Please provide the Following into
I- Window replacement style and product into
2- Consider repairing the clapboard siding on the detached garage.
3- Price comparison between using vinyl siding and Nardi -plank
siding.
4- Pro, ide dose up pictures of the damaged windows, interior and
exterior
Please address the comments /questions by November 27, 2017.
Have a great Thanksgiving Holiday
Thanks
Parviz
EXHISR
� D
Fw: 1402 Patterson Ave SW
Iazbeckydb J9 PM
Parmz rool i Fw 1402 Peller5an All SN
Becky
On Nov 21, 2017, 1 requested additional Information (see copy below) regarding your application that's
going to the Architectural Review Board next Thursday, December 14, 2017. However, you have not
responded to my e -mail Your application included window replacements. and the into I had requested
was crucial to make recommendations on However, I was unable to include your window replacement
request in my report due to the lack of info from you
you should now provide me with the pictures of the interior and exterior of those windows to be replaced
and also provide info on the replacement product I may be able to Include them in my presentation to the
Board on December 14, 2017
Please advise.
1 hanks
'aI CIL
Parviz Moosaw Employees'Cily or Roanoke
tazbeckydbLah7aol cam,
Tazandbecky04 @aol
1/211201701 -35 PM
1,102 Palleaon Ave SW
DeafBecky,
In review of your COA application, the following commentslquestions came up
Please provide the following info
I- Window replacement style and product info
2- Consider repairing the clapboard siding on the detached garage.
3- Price comparison behveen using vinyl siding and Nardi -plank
siding.
4- Provide close up pictures of the danmged windolas, inienor and
cxtcrior
Please address the comments /questions by November 27. 2017.
Have a great Thanksgiving Holiday.
1402 Patterson Ave SW
tazbeckydh 01;1012010 t)2.0 1 PM
taxantlheck,n4l
Parviz Monsavi 1402 Pallerson Ave S`N
Happy New Year Becky,
I hope you are well
I have tried contacting you on the phone and via e -mail in the past month. I would like to know if you are
still interested in having the ARB review your Certificate of Appropriateness application for the
modifications of the structures located at 1402 Patterson Ave SW.
You did not attended the ARB meeting last month (Dec 14, 2017) and your application was continued to
the ARB meeting scheduled for tomorrow, Thursday. January 11, 2018, starting at 5.00 pm.
Please advise, if you have changed your mind and are not interested in having the ARB review this
application. In that case, please respond to this e -mail and ask for the COA application to be witted awn
Should you have any questions or comments, please contact me
nar.i„
Parviz Moosavi Historic Preservation Planner
Planning, Building & Development Dept Room 187
City n( Roanoke
Phone .(540) 853 -1522
� , r i i f i i i i e i U i vls
ROANOKE
NOTICE OF ZONING VIOLATION
January 16, 2018
Certified Mail No: 7011 1570 0001 0374 9062 and regular mail Z00018 -0033
RAZ M TAZ LLC
1922 WALMANN RD
ROANOKE, VA 24018
Dear RAZ M TAZ LLC
Subject: 1402 PATTERSON AVE SW
Property Zoning: MX: Mixed Use
Parcel: 1213308
Legal Description: LT 1 BLK 12 WEL
A recent inspection of the above- referenced property has determined that there exists a
violation of the Code of the City of Roanoke(1979), as amended, in regards to:
36.2- 331(c) Historic Neighborhood Overlay District (H -2). Cert6cate ofApproptiateness. In the
H-2 OverlayDisbict, a Cerfifcate ofAppropriateness shall be required for the erection of any new
structure, the demolition, moving, reconstruction, aheration, orrestorallon of any existing structure
or historic landmark, Including the installation or replacement of siding, or the reduction In the floor
area of an existing bullding, including the enclosure orremoval of porch. A Certificate of
Approprfataness shall not be required for ordinary maintenance, as defined fn Section 36.2-530
(b)(4), orm -kind replacement with the same materials, proportons, and design The Zoning
Administrator, in consultation with the Agent to Me Architectural Review Board, Shall determine
whether an activity requires a Certificate ofAppropneleness.
In order to avoid further action by this department, the violation must be removed or corrected
within 10 days of receipt of this letter.
If you are aggrieved by this notice of zoning violation and order to comply with the above -cited
Code provision, you are hereby notified that you have the right to appeal this order to the City of
Roanoke's Board of Zoning Appeals within 30 days of receipt of this letter. If not appealed within
30 days the Zoning Violation and notice to comply shall be final. The filing fee is $250 plus the
cost of the legal advertisement for the public hearing.
If you have any questions about this matter, including the appeal process, please contact this
office at (540) 853 -2344.
Sincerely,
Barry Stacy
Codes Compliance Inspector
PLANNING BUILDING AND DEVELOPMENT
Noel C Taylor Municipal Building AGENDA ITEM III. A.
215 Church Avenue, SW. Room 166
Roanoke, Virginia 24011
ROAr� /�
r� I/ [� 540.8531730 fax 540P8531230
I y O K L Planningiffroanokeva.gov
No Changes
February 8, 2018
January 11, 2018
Ili 14, 2017
Mr. John Fulton, Chair,
and Members of the Architectural Review Board
Roanoke, Virginia
Dear Members of the Board:
Subject: 1402 Patterson Avenue, S.W. (Official Tax Map No. 1213308)
Request from Raz M Taz, LLC, represented by Becky McDole, that includes
replacing the damaged double hung wood windows with new wood windows,
replacing vinyl siding on East rear side of the building with smaller size vinyl
siding, installing vinyl siding on the rear detached garage that currently has a
combination of wood clapboard and vinyl siding.
Background:
The subject property is developed with a 2 -1/2 story residential building constructed in
1910. The property is located within the H -2 Historic Neighborhood Overlay District and
all building alterations are required to be reviewed and approved by the ARB, prior to
submitting a building permit application to the City Permit Center.
The applicant has recently purchased the residential structure which is located on a
corner lot. The building is developed with a brick veneer facade, wood double hung one -
over -one pane windows, a wrap- around front porch, partially enclosed with vinyl siding
and multi -pane vinyl windows, by previous owner. The structure also features a slate
cross gabled roof with finials, hidden gutters and two brick chimneys. A one -story
detached accessory structure /garage that exists at the rear of the property along the
alley. The accessory structure was originally developed with a wood clapboard siding
and a gable roof with tin metal roof. The exterior walls of the accessory structure has
partially been altered by installing horizontal vinyl and vertical aluminum siding.
The applicant is requesting review /approval of the following work that has taken place:
1. Removal of a one -story recent addition at the southeast corner of the building.
2. Replacement of a vinyl siding on the two -story section of the east facade.
3. Installation of a shed roof with asphalt shingle and braces over the east facade
4. Installation of two new doors along 14" Street, S.W.
F
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 2 of 8
The applicant plans to install vinyl siding over the rear basement access area that was
recently enclosed with plywood, a new door and a shed roof with asphalt shingles.
In addition the applicant is requesting to remove the vinyl and aluminum siding from the
detached accessory structure. The proposal includes installing new vinyl siding over the
clapboard siding of the accessory structure and installing the same vinyl siding over the
plywood walls accessing the basement area to match the already installed vinyl siding
on the southeast corner of the house.
Findings:
The H -2 Guidelines for Basic Design Principles recommend:
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 building.
The applicant has removed a one -story non - historic addition along 14r" Street,
S.W., and has replaced vinyl siding on a two -story section of the building's
southeast corner with a smaller size vinyl siding. This section of the house most
likely has a brick fa Fade underneath. The applicant should make every effort to
explore the brick condition to be retained and repaired.
A shed roof with braces has been installed over a newly installed door at the
existing concrete steps, without required landing along 14" Street S.W.
In addition, another new door has been installed, as a side entry to the enclosed
front porch area, along 14f" Street, S.W. None of the mentioned removed items
from the building were original historic material.
The applicant has enclosed the basement access entry area at the rear of the
building with plywood, a door and a shed roof with asphalt shingles. The lower
section of the plywood, sitting at grade, has been weathered due to the lack of
sufficient waterproof base or proper protection.
A detached accessory structuralgarage exists at the rear of the property near the
alley, which was originally developed with a wood clapboard siding and a tin
metal roof. Parts of the accessory building walls have been covered with vinyl
and aluminum siding. However, its tin metal roof remains. The applicant must
consider exploring the conditions of the clapboard siding and make every effort
to retain and repair them.
Repair deteriorated materials instead of removing or replacing them.
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 3 of 8
The applicant is proposing to remove the vinyl and aluminum siding on the
detached structure and install new vinyl siding to match the vinyl siding
already installed on the two -story section of the southeast corner of house. This
proposal is inconsistent with the above - mentioned statement.
• Replace deteriorated materials and features that cannot be repaired with new
elements of the same design and material.
The applicant should repair the clapboard siding on the detached accessory
structure and replace damaged siding with a similar material to be consistent
with the above- mentioned statement.
• 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.
New siding must be compatible with the existing siding on the detached
accessory building in size, scale, and material to comply with the H -2 Design
Guidelines.
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 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.
The subject site is a corner lot and the work already taken place and the
proposed work would be visible from the streets and the alley.
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
Siding
Residences of the H -2 Historic District demonstrate the diversity of siding materials
available in the late nineteenth and early twentieth centuries. Novelty siding (also known
as German or drop siding), popular during the late nineteenth century, appears
frequently as an exterior material. Many district Bungalows and American Four squares
exhibit the wide, sawn clapboards characteristic of the Mid - Atlantic and Southern states,
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 4 of 8
while many Queen Anne styles possess geometrically patterned wood shingles. These
types of sidings help to define the visual character of a building.
The main structure has a brick veneer on its facade. A previous owner had
enclosed the east side of the front porch using vinyl siding. In addition, the same
style vinyl siding had been installed on a two -story section of the building's
southeast facade over the brick veneer.
Current property owner has replaced the old vinyl siding that existed on the two -
story section at the southeast corner of the house, with a smaller size vinyl siding
and plans to use the same style vinyl siding on the walls of the basement access
enclosure located at the rear of the building. The Use of vinyl siding is
inconsistent with the H -2 Design Guidelines.
In addition, the property owner is proposing to install the same style vinyl siding
over the existing detached accessory structure. This accessory structure
currently has vinyl and aluminum siding over portions of its clapboard siding
facade. The condition of the clapboard sidings under the vinyl and aluminum are
not known at this point; however, repairing the existing clapboard siding on the
detached garage would be more appropriate than installing vinyl siding
throughout.
IMPORTANT CONSIDERATIONS...
Historic wood siding is a distinctive feature of many Roanoke residences. Changing or
covering siding can often alter or destroy the authentic character of a building. Both new
and historic siding requires periodic maintenance to give a building proper weather
protection.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Siding
Do not replace sound historic siding with new materials to achieve an "improved"
appearance.
The applicant should explore the condition of the existing clapboard sidings
under the vinyl and aluminum siding on the accessory structure. Repairing the
existing clapboard siding on the detached garage must be considered first. If the
clapboard siding is in a dilapidated condition, use a similar siding to repair the
damaged clapboard siding.
Preventing Deterioration
Architectural Review Board Staff Report Page 5 of 8
1402 Patterson Avenue, S.W.
February 8, 2018
Protect siding from water damage by:
• repairing leaking roofs, gutters, and downspouts,
• securing loose flashing around chimneys and other roof openings,
• grading the ground to slope away from the building,
• protecting against insect or fungus infestation,
• replacing deteriorated caulking in joints,
• replacing missing downspouts,
• unclogging gutters,
• using splash blocks, and
• priming both sides of new wood.
Select good - quality, quarter -sawn siding free from knots, checks, or wild grain to
prevent warping of replacement materials.
Do not use chemical preservatives that change the appearance of exterior siding
and wood features.
Removing Inappropriate Treatments
Some owners may wish to remove inappropriate treatments and restore the property to
a more historic appearance. Examples of such treatments include:
• plywood or wood paneling, simulated stucco, exposed aggregate board, and
simulated brick, asphalt, and asbestos shingles that cover original wood
clapboards or shingles.
Assess the impact of removing any cover up materials by first removing a small
area of the material in an inconspicuous location.
Remove a portion of the vinyl siding installed over the brick facade on the
southeast corner of the house to assess the condition of the brick underneath.
Remove the remainder of the vinyl siding, if the brick appear to be in good
condition, and expose the original brick facade.
Remove a portion of the existing vinyl and aluminum siding on the detached
accessory building /garage. If the clapboard siding underneath appears to be in
good condition, remove the remainder of the vinyl and aluminum siding to make
appropriate repairs.
Repairing Damage
Repair any deteriorated siding that is exposed following the removal of
inappropriate treatments. Rot and insect infestation may have occurred.
Remove deteriorated wood by cutting out damaged areas or removing affected
elements, such as individual clapboards.
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 6 of 8
Retain as much of the sound original material as possible and repair it by splicing
in new materials of the same species.
Do not replace a deteriorated feature if it can be repaired.
The applicant must follow the above- mentioned procedures when making repairs
to the existing wood clapboard siding on the detached accessory
structure/garage.
Replacing Missing Siding
Replace missing siding using established preservation techniques, such as
patching or piecing in. Materials should conform exactly to the original in
size and shape, color and texture, and joint and weather -face exposure.
Do not replace missing siding with new siding that is incompatible with the
remaining materials.
The damaged clapboard siding must be replaced with similar clapboard siding to
be consistent with the above - mentioned H -2 Design Guidelines
New, Replacement, and Substitute Siding
The application of synthetic sidings over original siding materials is inappropriate for
these reasons:
• Radical change in appearance can result when original materials are covered.
This is particularly true when wood siding is covered with synthetic siding; these
materials can never replicate the patina, texture or reflective light qualities of
wood. The thickness of added siding also reduces the depth between the
exterior wall and the window and door frames, thereby eliminating natural
shadows and creating a "flat' look that diminishes the architectural character,
When synthetic siding materials are used, original architectural features are
often removed to facilitate the installation of the new material. The results in
change of appearance and style of the building, and case cause damage to the
original siding.
Installation of synthetic siding without proper vapor barriers and ventilation can
cause excessive moisture building in the cavity between the original wall and
the new material,
Synthetic siding is often marketed as being "maintenance free' and therefore
cheaper than traditional materials, Aluminum siding may chalk or fade after
installation, and dents and scratches easily. Vinyl can get brittle and break in
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 7 of 8
very cold weather or melt and warp in hot weather, and if painted, it will have to
be painted as often as wood,
• Synthetic siding is often applied to a building in need of maintenance and
repair. New cladding may cover up potential problems that can become more
serious once they are no longer visible, and it may create the perfect
atmosphere for the establishment of decay and rot.
The applicant must explore the current condition of the wood clapboard siding
under the vinyl and aluminum siding previously installed on potions of the
existing detached accessory structure. The clapboard sidings that are in good
condition must be retained and the damaged siding must be replaced with similar
clapboard siding to be consistent with the H -2 Design Guidelines.
Staff Comments:
The applicant has altered the exterior of the main structure without obtaining a
certificate of appropriateness and proper building permits. The COA applicant includes
the following work already completed as well as additional exterior building alterations:
The following work has already been completed:
• Removal of a one -story recent addition at the southeast corner of the building.
• Replacement of a vinyl siding on the two -story section of the east facade.
• Installation of a shed roof with asphalt shingle and braces over the east facade
• Installation of two new metal doors along 10 Street, S.W.
The proposed work includes the following:
Installation of vinyl siding over already installed plywood, enclosing the rear
basement access area, a new door and a shed roof with asphalt shingles.
Removal of the vinyl and aluminum siding from the detached accessory
structure. The proposal includes installing new vinyl siding over the clapboard
siding of the accessory structure and installing the same vinyl siding over the
plywood walls accessing the basement area to match the already installed vinyl
siding on the southeast corner of the house.
The work already completed and the proposed work are inconsistent with the H -2
Design Guidelines and staff does not recommend approval of the COA application.
However, the following suggestions are made to bring the application in compliance:
Remove a portion of the vinyl siding installed over the brick facade on the
southeast corner of the house to assess the condition of the brick underneath.
Remove the remainder of the vinyl siding. If the brick is in good condition, expose
Architectural Review Board Staff Report
1402 Patterson Avenue, S.W.
February 8, 2018
Page 8 of 8
the original brick facade; otherwise propose a different siding material, such as
HardiePlank siding, and use the same for the basement access enclosure.
Remove a portion of the vinyl and aluminum siding installed over the wood
clapboard siding on the detached accessory building /garage. Make every effort
to maintain and repair the existing wood clapboard siding.
1
Parviz Moosavi, ARB Agent
PLANNING BUILDING AND DEVEA OPMENT
r
February 16, 2018
Ms. Becky McDole
Raz M Taz, LLC
1922 Walmann Road
Roanoke, VA 24018
Email: Ta.randbecky04 &ao1_ccm
Dear Property Owner:
Subject: Application for Certificate of Appropriateness
Certificate No. COAB17 -0055, 1402 Patterson Avenue, S.W
Official Tax # 1213308
On February 8, 2018, the Architectural Review Board of the City of Roanoke,
Virginia, reviewed your Certificate of Appropriateness application for the replacement of
wood windows with new windows, replacement of old vinyl siding with new, and finish
installing vinyl siding on the rear detached garage that currently has a combination of
wood clapboard and vinyl siding at the location at 1402 Patterson Avenue, S.W., as per
application dated November 7, 2017, 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 building.
The applicant has removed a one -story non - historic addition along 14th Street,
S.W., and has replaced vinyl siding on a two -story section of the building's
southeast corner with a smaller size vinyl siding. This section of the house most
likely has a brick facade underneath. The applicant should make every effort to
explore the brick condition to be retained and repaired.
A shed roof with braces has been installed over a newly installed door at the
existing concrete steps, without required landing along 14th Street, S. W.
E7RN ®IT
In addition, another new door has been installed, as a side entry to the enclosed
front porch area, along 14th Street, S.W. None of the mentioned removed items
from the building were original historic material.
The applicant has enclosed the basement access entry area at the rear of the
building with plywood, a door and a shed roof with asphalt shingles. The lower
section of the plywood, sitting at grade, has been weathered due to the lack of
sufficient waterproof base or proper protection.
A detached accessory structure /garage exists at the rear of the property near the
alley, which was originally developed with a wood clapboard siding and a tin
metal roof. Parts of the accessory building walls have been covered with vinyl
and aluminum siding. However, its tin metal roof remains. The applicant must
consider exploring the conditions of the clapboard siding and make every effort
to retain and repair them.
• Repair deteriorated materials instead of removing or replacing them.
The applicant is proposing to remove the vinyl and aluminum siding on the
detached structure and install new vinyl siding to match the vinyl siding already
installed on the two -story section of the southeast corner of house. This proposal
is inconsistent with the above- mentioned statement.
• Replace deteriorated materials and features that cannot be repaired with new
elements of the same design and material.
The applicant should repair the clapboard siding on the detached accessory
structure and replace damaged siding with a similar material to be consistent
with the above - mentioned statement.
• 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.
New siding must be compatible with the existing siding on the detached
accessory building in size, scale, and material to comply with the H -2 Design
Guidelines.
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 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.
The subject site is a corner lot and the work already taken place and the
proposed work would be visible from the streets and the alley.
ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT
Siding
• Residences of the H -2 Historic District demonstrate the diversity of siding
materials available in the late nineteenth and early twentieth centuries. Novelty
siding (also known as German or drop siding), popular during the late nineteenth
century, appears frequently as an exterior material. Many district Bungalows and
American Four squares exhibit the wide, sawn clapboards characteristic of the
Mid - Atlantic and Southern states, while many Queen Anne styles possess
geometrically patterned wood shingles. These types of sidings help to define the
visual character of a building.
The main structure has a brick veneer on its facade. A previous owner had
enclosed the east side of the front porch using vinyl siding. In addition, the same
style vinyl siding had been installed on a two -story section of the building's
southeast facade over the brick veneer.
Current property owner has replaced the old vinyl siding that existed on the two -
story section at the southeast corner of the house, with a smaller size vinyl siding
and plans to use the same style vinyl siding on the walls of the basement access
enclosure located at the rear of the building. The Use of vinyl siding is
inconsistent with the H -2 Design Guidelines.
In addition, the property owner is proposing to install the same style vinyl siding
over the existing detached accessory structure. This accessory structure
currently has vinyl and aluminum siding over portions of its clapboard siding
facade. The condition of the clapboard sidings under the vinyl and aluminum are
not known at this point; however, repairing the existing clapboard siding on the
detached garage would be more appropriate than installing vinyl siding
throughout.
IMPORTANT CONSIDERATIONS.
Historic wood siding is a distinctive feature of many Roanoke residences. Changing or
covering siding can often alter or destroy the authentic character of a building. Both new
and historic siding requires periodic maintenance to give a building proper weather
protection.
GUIDELINES FOR PRESERVATION AND REHABILITATION
Retaining Existing Siding
• Do not replace sound historic siding with new materials to achieve an "improved"
appearance.
The applicant should explore the condition of the existing clapboard sidings
under the vinyl and aluminum siding on the accessory structure. Repairing the
existing clapboard siding on the detached garage must be considered first. If the
clapboard siding is in a dilapidated condition, use a similar siding to repair the
damaged clapboard siding.
Preventing Deterioration
• Protect siding from water damage by
repairing leaking roofs, gutters, and downspouts,
securing loose flashing around chimneys and other roof openings,
grading the ground to slope away from the building,
protecting against insect or fungus infestation,
replacing deteriorated caulking in joints,
replacing missing downspouts,
unclogging gutters,
using splash blocks, and
priming both sides of new wood.
• Select good - quality, quarter -sawn siding free from knots, checks, or wild grain to
prevent warping of replacement materials.
• Do not use chemical preservatives that change the appearance of exterior siding
and wood features.
Removing Inappropriate Treatments
Some owners may wish to remove inappropriate treatments and restore the property to
a more historic appearance. Examples of such treatments include:
• plywood or wood paneling, simulated stucco, exposed aggregate board, and
simulated brick, asphalt, and asbestos shingles that cover original wood
clapboards or shingles.
• Assess the impact of removing any cover up materials by first removing a small
area of the material in an inconspicuous location.
Remove a portion of the vinyl siding installed over the brick facade on the
southeast corner of the house to assess the condition of the brick underneath.
Remove the remainder of the vinyl siding, if the brick appear to be in good
condition, and expose the original brick facade.
Remove a portion of the existing vinyl and aluminum siding on the detached
accessory building /garage. If the clapboard siding underneath appears to be in
good condition, remove the remainder of the vinyl and aluminum siding to make
appropriate repairs.
Repairing Damage
• Repair any deteriorated siding that is exposed following the removal of
inappropriate treatments. Rot and insect infestation may have occurred.
• Remove deteriorated wood by cutting out damaged areas or removing affected
elements, such as individual clapboards.
• Retain as much of the sound original material as possible and repair it by splicing
in new materials of the same species.
• Do not replace a deteriorated feature if it can be repaired.
The applicant must follow the above- mentioned procedures when making repairs
to the existing wood clapboard siding on the detached accessory
structure /garage.
Replacing Missing Siding
• Replace missing siding using established preservation techniques, such as
patching or piecing in. Materials should conform exactly to the original in:
• size and shape, color and texture, and joint and weather -face exposure.
• Do not replace missing siding with new siding that is incompatible with the
remaining materials.
The damaged clapboard siding must be replaced with similar clapboard siding to
be consistent with the above- mentioned H -2 Design Guidelines
New, Replacement, and Substitute Siding
The application of synthetic sidings over original siding materials is inappropriate for
these reasons:
• Radical change in appearance can result when original materials are covered.
This is particularly true when wood siding is covered with synthetic siding;
these materials can never replicate the patina, texture or reflective light
qualities of wood. The thickness of added siding also reduces the depth
between the exterior wall and the window and door frames, thereby eliminating
natural shadows and creating a "flat" look that diminishes the architectural
character,
• When synthetic siding materials are used, original architectural features are
often removed to facilitate the installation of the new material. The results in
change of appearance and style of the building, and case cause damage to the
original siding.
• Installation of synthetic siding without proper vapor barriers and ventilation can
cause excessive moisture building in the cavity between the original wall and
the new material,
• Synthetic siding is often marketed as being "maintenance free" and therefore
cheaper than traditional materials. Aluminum siding may chalk or fade after
installation, and dents and scratches easily. Vinyl can get brittle and break in
very cold weather or melt and warp in hot weather, and if painted, it will have to
be painted as often as wood,
• Synthetic siding is often applied to a building in need of maintenance and
repair. New cladding may cover up potential problems that can become more
serious once they are no longer visible, and it may create the perfect
atmosphere for the establishment of decay and rot.
The applicant must explore the current condition of the wood clapboard siding
under the vinyl and aluminum siding previously installed on potions of the
existing detached accessory structure. The clapboard sidings that are in good
condition must be retained and the damaged siding must be replaced with similar
clapboard siding to be consistent with the H -2 Design Guidelines.
Staff did not recommend approval of your COA application to the ARB. Staff suggested
the following revisions be made to bring the application in compliance:
1) Remove a portion of the vinyl siding installed over the brick facade on the
southeast corner of the house to assess the condition of the brick
underneath. Remove the remainder of the vinyl siding if the brick is in
good condition, expose the original brick facade; otherwise propose a
different siding material, such as HardiePlank siding, and use the same
for the basement access enclosure.
2) Remove a portion of the vinyl and aluminum siding installed over the wood
clapboard siding on the detached accessory building /garage. Make every
effort to maintain and repair the existing wood clapboard siding.
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,
4jtu'ry?
Donna M. Payne, Secretary to the Board
Architectural Review Board
Enclosure
'Oa\ i ON ROANOKE
F
OFFICE OF THE CITY U GRK
215 Cbm L lr rn ue. S w Svht Job
Ro un I l u'gini 24011-1536
R. N 1 111 e. LW0 14q l
�.. 1.
(Sa ul tl >J -I las
I: mail: dcrldinnunul,mu.C��r
.tiTISY11ANl¢ M. MOON It EYNOI DS, MM(
(it, Clw'k
March 13, 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 ECHAA F. Mt COy
Deputy City Clerk
CEC 2lIA i. WEBB. CM(
Assistant Depu(y Or Clerk
I am enclosing copy of a Petition for Appeal filed by Becky McDole, on behalf of Raz M.
Taz, LLC, regarding a decision of the Architectural Review Board at its meeting on
February 8, 2018, denying request that includes replacing the wood windows with new
windows, replacing old vinyl siding with new, and finish installing vinyl siding on the rear
detached garage that currently has a combination of wood clapboard and vinyl siding,
which is not consistent with the H -2 Guidelines. The petition was received in the City
Clerk's Office on Friday, March 9, 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,
May 21, 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 Ms. McDole.
Sincerely,
Stephanie M. Moon Reyno(dsi.MMC
City Clerk
Enclosure
M�7
The Honorable Mayor Sherman P. Lea, Sr.
and Members of Roanoke City Council
March 13, 2018
Page 2
PC, . Becky McDole, 1402 Patterson Avenue, S. W., Roanoke, Virginia 24016
Micheal Dean Cranwell, Attorney at Law, 5310 Valleypark Drive, N. W., Suite
100, Roanoke, Virginia 24019 -3067
Robert S, Cowell, Jr., 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
I UM%
z; , .h tj -8t16i H'
Its, i--,Dt1NC!L r,F THr!,iTYD! ROANOKF
N -G %v I i 1: H AI
PI UPON FOR NNO AL
i s is o G °,lition for Appc aj Irom a r ision of tho PrchStecfural Review
3muc r idcr Sec. rr 36.7 -530(r 'S) the Toning Ordinance of the Code et
the Cliv of Roanoke (1979). as ainencer..
1. N mw of iho lmitinnegs) it Z
lrin n ou si wss a s Cifapp i.,ac le).
Street edch ss of props tJ voiiri i is lhc suhjccf of this appeal
4. J.orlay zoning (H -1, Hnto nc Downtown Overlay District. or fl -7.
HIM Nagh 4 Mod 0 vat l8y IJistnci) of propertynr , which is the
r ite the my boor t [i A, —rii le,,rural Review Bnarc Aas0ad at
ch the Jr : io -i beciu ar. r F; el ti as
-. c1ion of the Code of th; City of Roanoke underwhich (he. Certificate
nt Appropriateness was c y rsted hom the Arciutectural Review Board
f Section 36 2030 , f 41 a Section 36203L'S 1i 2) y A J, A t
7. Description of the request foy which the Certificate of Appropriateness
was sought from the ArchRootural Review Board
8 &DWAS frc 3epeal:
R ,n, me ad—h—,, ana cloo;lone- number of ae qs :'hc will
mowM we atl5oner <1 h fore C t. mow U:
WHEREFORE, your WeLtIonm(s) requosts that the action of the
Architectural Revlcrw Board be reversed or moditied and that a Cerfficate of
Appropriateness he granted.
?O BF COM9 ; ETED BY CITY CLERK-
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
x Roanoke, Virginia 24011 -1536
"10,1hntc (540)853 -2541
Fnx: (540)853.1145
STEPHANIE M. MOON REYNOLDS, MM( Rnmil: dirk @lrounoktm,... CLCELIA F. MCCOY
City Clerk Dt,ty City Clerk
CEC'ELIA'1'. WERR, C'MC
MA, nt Deputy City Cltrk
May 25, 2018
Beatrice Schleupner
1842 Greenwood Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Schleupner:
Your term of office as a Student member of the Youth Services Citizen Board will expire
on June 30, 2018.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Youth Services Citizen
Board from April 4, 2016 to June 30, 2018. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
r 1• Y1�un, TBtrPro Qqy
Stephanie M. Moon Reynold , MMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Beatrice Schleupner
AS A MEMBER OF THE
YOUTH SERVICES CITIZEN BOARD
FROM APRIL 4, 2016
TO JUNE 30. 2013
ON THIS 25TH DAY OF MAY . 2013
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: pp ATTEST:
s
SHERMAN P. LEA, SR. STEPEIA`IIE hI. b ,N OL 5
MAYOR CITY CLERK
May 25, 2018
Madison Duval
1011 Welton Avenue, S.W.
Roanoke, Virginia 24015
Dear Ms. Duval:
Your term of office as a Student member of the Youth Services Citizen Board will expire
on June 30, 2018.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Youth Services Citizen
Board from June 5, 2017 to June 30, 2018. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely, y�
T 1t \' Ed�CStephanie M. Moon R
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
"1'elepLone: (54n)853 -2541
Fm: (540)X5.3 -1145
S I'ITHANIE M. MOON REYNOLDS, MM('
f -mail: dcrk(n {rmmokovag °v
CECELIA F. MCCOV
ell, Clerk
Depnty City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy Che, Clerk
May 25, 2018
Madison Duval
1011 Welton Avenue, S.W.
Roanoke, Virginia 24015
Dear Ms. Duval:
Your term of office as a Student member of the Youth Services Citizen Board will expire
on June 30, 2018.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Youth Services Citizen
Board from June 5, 2017 to June 30, 2018. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely, y�
T 1t \' Ed�CStephanie M. Moon R
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Madison Duval
AS A MEMBER OF THE
YOUTH SERVICES CITIZEN BOARD
FROM JUNE 5. 2017
TO JUNE 30. 2018
ON THIS 25711 DAY OF MAY . 2018
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED ATTEST-
SHERMAN P. LEA, SR. SiftPHANIE M 1 OOOON�,_ "\OLD
MAYOR CITY CLf