HomeMy WebLinkAboutCouncil Actions 01-21-20ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY 21, 2020
2:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
1. Call to Order - -Roll Call. All Present.
OSBORNE
41653- 012120
The Invocation was delivered by The Reverend Kathy O'Keeffe, Pastor,
Kingdom Life Ministries.
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:
This afternoon's Council meeting will be televised live and replayed on RVTV
Channel 3 on Thursday, January 23 at 7:00 p.m., and Saturday, January 25 at
4:00 p.m.; and video streamed through Facebook Live at
facebook.com /RoanokeVa. Council meetings are offered with closed captioning
for the hearing impaired.
ANNOUNCEMENTS:
The Council of the City of Roanoke is seeking applications for the following
current vacancies and /or upcoming expirations of terms of office:
Architectural Review Board — one vacancy
Board of Zoning Appeals — one vacancy
Mill Mountain Advisory Board — one vacancy
1
Access the City's homepage to complete an online application for the
abovementioned vacancies.
Expiration of the three -year terms of office of William B. Hopkins, Jr., and
Elizabeth C. S. Jamison as Trustees of the Roanoke City School Board
ending June 30, 2020. Information pertaining to the School Board process
and application for appointment are available on the City's website and in
the City Clerk's Office. Deadline for receipt of applications is Tuesday,
March 10, 2020. For questions and /or additional information, contact the
City Clerk's Office at (540) 853 -2541.
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.
Alejandros Filth, 319 Mountain Avenue, appeared before the Council and
read a biblical scripture.
4. CONSENT AGENDA:
(APPROVED 7 -0)
All matters listed under the Consent Agenda are considered routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
C -1 Minutes of the regular meetings of City Council held on Monday,
November 18, 2019; Monday, December 2, 2019; Monday, December 16, 2019;
and Monday, January 6, 2020.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approve as recorded.
C -2 A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the disposition of an approximately one acre
portion of City -owned property located at 2424 Brambleton Avenue, S. W., 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.
2
C -3 A communication from the City Manager requesting that Council convene
in a Closed Meeting for discussion and consideration of the acquisition of real
property for public purposes, pursuant to Section 2.2- 3711(A)(3), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -4 A communication from the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel and hear briefings by staff
members or consultants pertaining to actual litigation, where such consultation or
briefing in open meeting would adversely affect the negotiating or litigation
posture of the City, pursuant to Section 2.2 -3711 (A)(7), Code of Virginia (1950),
as amended.
RECOMMENDED ACTION: Concurred in the request.
C -5 A communication from the City Manager requesting that Council schedule
a public hearing to be held on Tuesday, February 18, 2020, at 7:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager may determine, in his discretion, to enter into a Parking Agreement
for unreserved parking permits for the Center in the Square Garage located at 11
Campbell Avenue, S. E.
RECOMMENDED ACTION: Concurred in the request.
C -6 A communication from the City Attorney requesting that Council schedule
a public hearing to be held on Tuesday, February 18, 2020, at 7:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager may determine, to consider a Cable Television Franchise
Agreement between the City of Roanoke and Shenandoah Cable
Television, LLC.
RECOMMENDED ACTION: Concurred in the request.
C -7 A communication from the Acting City Clerk advising of the resignation of
LaTron Brown as a member (Mill Mountain Zoo representative) of the Mill
Mountain Advisory Board, effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -8 A communication from the Acting City Clerk advising of the resignation of
Walton Rutherfoord as a member of the Board of Zoning Appeals, effective
January 14, 2020.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
3
C -9 Report of qualification of Va'Shay McCalla as a Student/Patrick Henry
High School member of the Youth Service Citizen Board, for a term of office
ending June 30, 2020.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Discussion of the formation and utilization of the Roanoke Area Complete
Count Committee in the upcoming 2020 United States Census effort.
Daryn Warner, Partnership Specialist, United States Census Bureau,
Spokesperson. (Sponsored by the City Manager)
Received and filed.
At this point, Council Member Osborne left the meeting (2:33 p.m.).
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Amendment of the City Code to establish regulations for smoking in
the Amphitheater at Elmwood Park.
Adopted Ordinance No. 41653- 012120. (6 -0, Council Member
Osborne was not present when vote was recorded.)
2. Execution of Amendment No. 4 to the Agreement for Purchase and
Sale of Real Property for development of a downtown parking
facility and hotel at 116 and 120 Church Avenue, S. E.
Adopted Ordinance No. 41654- 012120. (6 -0, Council Member
Osborne was not present when vote was recorded.)
COMMENTS OF THE CITY MANAGER.
The City Manager recognized Police Chief Tim Jones on his 39 years
of service with the City on the occasion of his upcoming retirement;
following accolades and comments by the Council, Chief Jones
thanked the City for the opportunity to serve.
4
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
NONE.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 3:00 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING
IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER, TO RECONENVE
AT 7:00 P.M. IN THE COUNCIL CHAMBER.
5
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY 21, 2020
7:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Dwight O. Steele, Sr.,
Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (6 -0, Council Member
Osborne abstained from voting inasmuch as she was not present for the
Closed Session.)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, January 23 at 7:00 p.m., and Saturday, January 25 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.
C.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the Virginia Colts and Virginia Wolverines American Youth
Football Teams.
The Mayor presented the teams and coaches with a Certificate and City gift.
B. PUBLIC HEARINGS:
1. Request of Hamlar Properties, LLC, to vacate two adjoining alleys that run
from Fairfax Avenue, N. W., to Moorman Avenue, N. W., and from 10th
Street, N. W., to Fairfax Avenue, N. W. Michael L. Hamlar, Petitioner.
Matter was continued until the March 9, 2020 City Planning
Commission Meeting.
2. Request of Franklin Road, LLC, to vacate an alley running north from
Franklin Road S. W., towards Luck Avenue S. W., adjacent to property
located at 117 Franklin Road, S. W., and extending north to the southwest
corner of 120 Luck Avenue, S. W., and to include the portion of the alley
running parallel to Franklin Road, S. W., and Luck Avenue, S. W.,
continuing east from its intersection with the aforementioned alley to the
southeast corner of the building on 120 Luck Avenue, S. W. David D.
Jones, Petitioner. Matter was continued until the February 10, 2020
City Planning Commission Meeting.
3. Request of JE2 Investments, LLC, to vacate a portion of Gregory
Avenue N. E., north of 901 11th Street, N. E., and running between
11 th Street, N. E., and Cherokee Street, N. E. John Lipscomb, Petitioner.
Matter was continued until the February 10, 2020 City Planning
Commission Meeting.
4. Request of Valley Funeral Home to rezone property located at 5005
Melrose Avenue, N. W., from CN, Commercial- Neighborhood District, and
R -5, Residential Single - Family District, to CG, Commercial - General
District, with conditions. Damon Gettier, Agent, Spokesperson.
Adopted Ordinance No. 41655- 012120. (7 -0)
5. Proposal of the City of Roanoke to lease of a portion of City -owned
property located at 2607 Salem Turnpike, N. W., commonly known as
Former Melrose Library to the City of Roanoke Redevelopment and
Housing Authority, to be used as the site for the new HUD designated
EnVision Center. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41656- 012120. (7 -0)
7
C. UNIFINISHED BUSINESS:
1. Continuation of the matter with regard to a proposed Contract for
Purchase and Sale of Real Property between the City of Roanoke and
Roanoke Higher Education Authority, wherein the City proposed to sell a
portion of certain real property located at 23 Centre Avenue, N. W.
Adopted Ordinance No. 41657- 012120. (6 -1, Council Member Davis
voting no.)
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.
Chris Craft, 1501 Eastgate Avenue, appeared before the Council regarding
issues of the Wildwood community.
Bradley Townsend, 8148 Otterview Drive, Hollins, Virginia, appeared before
the Council and spoke in defense of unborn children.
Patricia McLawhorn, 275 Walton Road, Radford, Virginia, appeared before
the Council regarding the sale of property at the Higher Education Center.
E. ADJOURNED - 10:05 P.M.
L
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of an approximately 1 acre portion of City -owned property located
at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to §2.2-3711 .A.3,
Code of Virginia (1 950), as amended.
j: ?r-
Robert S. towe l , fir.
City Manager
Distribution: Council Appointed Officers
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting for discussion and
consideration of the acquisition of real property for public purposes pursuant
to §2.2 -371 1 .A.3, Code of Virginia (1950), as amended.
Robert S. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
TELEPHONE 540- 853 -2431
FAX 540- 853 -1221
EMAIL: cityatty@roanokeva.gov
January 21, 2020
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
This is to request that City Council convene a closed meeting pursuant to Sec. 2.2- 3711.A.7, Code of Virginia,
to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation,
where such consultation or briefing in open meeting would adversely affect the negotiating or litigating
posture of the public body.
With kindest personal regards, I am
Sincerely yours,
Daniel J
City,
DJC /lsc
c: Robert S. Cowell, Jr., City Manager
Cecelia F. McCoy, Acting City Clerk
Y -> COUNCIL AGENDA REPORT
r-
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Request to Schedule a Public Hearing for a Parking Agreement for
Unreserved Parking Permits for the Center in the Square Garage
located at 1 1 Campbell Avenue, S.E.
Background:
The City of Roanoke is proposing to provide a Parking Agreement for 45 unreserved
parking permits within the Center in the Square Garage, a City -owned parking facility
located at 11 Campbell Avenue, S.E. in connection with development of a hotel. The
term for this Agreement would be for a period of twenty (20) years with the right to
extend the terms of the Agreement for up to four (4) additional five (5) year periods.
Pursuant to Sections 1 5.2 -2100 and 1 5.2 -2101, Code of Virginia (1950), as
amended, the City is required to give public notice that the City is proposing to
provide a franchise for parking rights subject to certain terms and conditions,
establish a bid procedure for parties interested in bidding on the franchise, and
conduct a public hearing. Subject to City Council's concurrence with this request, a
copy of the proposed agreement and related bid forms will be placed with the City
Clerk for public information and review on and after February 3, 2020. The required
legal advertisements will be placed in the Roanoke Times on February 3, 2020 and
February 10, 2020. The deadline for submittal of bids to the City Clerk from interested
parties will be Friday February 14, 2020 at 12:00 Noon. Bids received will be opened at
the City Council meeting on Tuesday, February 18, 2020 during the 2:00 PM session,
and referred to the City Manager for review and recommendation. The public hearing
on the bids will be held on February 18, 2020 during the City Council's 7:00 PM
session.
Recommended Action:
Authorize the scheduling and advertising for bids on this matter and for opening of
bids and a public hearing on February 18, 2020, or as soon thereafter as the matter
may be reached, or such other date and time as deemed appropriate by the City
Manager.
- - - - -- - -- -- ----- - - - - --
Robert . Cowell, jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert Ledger, Director, Economic Development
Marc B. Nelson, Manager, Economic Development
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
TELEPHONE 540- 853 -2431
FAX 540 - 853 -1221
EMAIL: cityatty@roanokcva.gov
January 21, 2020
Re: Authorization to advertise for adoption of a
Cable Television Franchise Agreement
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
The City of Roanoke representatives has been negotiating a Cable Television Franchise Agreement
between the City and Shenandoah Cable Television, LLC, ( "Shentel "). The Franchise Agreement will
be adopted pursuant to the City's existing Cable Television Ordinance, which was adopted on October
6, 2003. Prior to considering approval of the proposed Franchise Agreement, City Council must conduct
a public hearing on the matter.
RECOMMENDED ACTION
Authorize the scheduling and advertising of a public hearing to consider a Cable Television Franchise
Agreement between the City and Shenandoah Cable Television, LLC, to be held at the regular Council
session on February 18, 2020, at 7:00 p.m., or as soon thereafter as the matter may be reached, or at such
other date and time as deemed appropriate by the City Manager.
Sincerely yours,
Daniel J. laghan
City Attorney
DJC /lmc /lsc
CECELIA F. NICCOY, CMC
Acting City Clerk
LaTron Brown
2006 East Main Street
Apartment 1
Salem, Virginia 24153
Dear Mr. Brown:
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: clerk(a—roanokeva.gov
January 22, 2020
CECELIA T. NYEBB, CMC
Assistant Deputy City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Mill Mountain Advisory Board was before the Council of the City of Roanoke at a regular
meeting, which was held on Tuesday, January 21, 2020.
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 Mill Mountain Advisory
Board from March 5, 2018 to January 21, 2020. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
Cecelia F. McCoy, CMC
Acting City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
LaTron Brown
AS A MEMBER OF THE
MILL MOUNTAIN ADVISORY BOARD
FROM MARCI1 5, 2018
TO JANUARY 2I, 2020
ON THIS 22ND DAY OF JANUARY 2020
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
CS4-wcl P i7e
SI II'.:RMAN P. LI:A, SR.
MAYOR
AT FST:
C'I ('I LIA I'. MC'C'OY
A( PING CITY CLERK
CECELIA F. MCCOY, CMC
Acting 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
E -mail: clerk@roanokeva.gov
January 21, 2020
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that LaTron Brown has tendered his resignation as a member (Mill
Mountain Zoo representative) of the Mill Mountain Advisory Board, effective
immediately.
Sincerely,
Wnw,
Cecelia F. McCoy, CMC
Acting City Clerk
I am writing to regards to two topics.
On the firsthand, I am unable to attend the meeting today. I wanted to provide a few
highlights that I had prepared.
• David Robertson has reassumed ti- 1
e ro e of Board President and LaTron will remain on
as Immediate Past President.
• Our Board has welcomed six new Board Members: Brittany Thurman, Kathleen Herndon,
Jamie Butler, Leslie Wright, Geoffrey Manning, Douglas Pitzer. Their terms will be for 3
years ending December 2023.
• We are looking for an additional Board Member -- preferably someone who holds a CPA
license.
• We wish to extend a debt of gratitude to Mary Beth Nash and Betsy Parkins' for their
service to Mill Mountain Zoo's Board. There term ended in December 2019.
• We are receiving the 8 new red wolves Pack on Monday (January 13) from the Museum
of Life and Science. This recommendation was made by the Red Wolf Species Survival
Plan. A Species Survival Plan (SSP) is a cooperative effort between the U.S. Fish and
Wildlife Service (USFWS) and the Association of Zoos and Aquariums (AZA). We are
very excited to keep this family intact and provide support to this endangered species!
• Black bear is still in progress. We hope to have a further update on by the end of the
month.
• Currently operating in our Winter hours: Thursdays - Sundays l Oam -5pm. Admission cut
off are at 4pm.
• Upcoming events are as follows: Night Howls on Jan. 16, Feb. 20, and Mar. 19 and
Spring Fling on Mar. 21
• Mill Mountain Zoo wishes you all a Happy and Prosperous New Year!
On the second hand, due to the increased role that my work now entails, I must submit my
resignation to MMAB. I very much thank you all for allowing me to be a part of this Board.
While I serve as a Representative on behalf of Mill Mountain Zoo, I am working on a finalizing a
replacement for that vacancy. I have a Board member who has expressed a willingness. I have
provided much information to support the decision, and now am only waiting on a 'yes'- upon
which I will provide an introduction to you. To finalize the transition, is there anything further
that I must do?
Sincerely,
LaTron
LaTron S. Brown
(h) 540.397.3113 1 (wm) 540.352.2842 1 (o) 540.581.0620 ext 1118
CECELIA F. INICCOY, CINIC
Acting City Clerk
Walton Rutherfoord
206 Williamson Road
Apartment 304
Roanoke, Virginia 24011
Dear Mr. Rutherfoord:
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: clerk(lakroanokeva.gov
January 22, 2020
CECELIA T. NYEBB, CHIC
Assistant Depute City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Board of Zoning Appeals was before the Council of the City of Roanoke at a regular
meeting, which was held on Tuesday, January 21, 2020.
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 Board of Zoning Appeals
from February 6, 2017 to January 14, 2020. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
c ";74-. 142& as-
Cecelia F. McCoy, CMC
Acting City Clerk
Enclosure
pc: Tina Carr, Secretary, Board of Zoning Appeals
CERTIFICATE OF APPRECIATION
PRESENTED TO
Walton Rutherfoord
AS A MEMBER OF THE
BOARD OF ZONING APPEALS
FROM FEBRUARY 6, 2017
TO JANUARY 14, 2020
ON THIS 22ND DAY OF JANUARY , 2020
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SI II.RMAN P. 1,1 :A, SR.
MAYOR
ATTEST:
C'I?CI:LIA F. MCCOY
ACTING CITY CLERK
CECELIA F. MCCOY, CMC
Acting 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
E -mail: clerk@roanokeva.gov
January 21, 2020
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that Walton Rutherfoord has tendered his resignation as a member of
the Board of Zoning Appeals, effective January 14, 2020.
Sincerely,
Cecelia F. McCoy, CMC
Acting City Clerk
Dear BZA Chair Huffman, other members of the BZA, supporting staff and Assistant City
Attorney Spencer,
Due to some new business endeavors I regret to inform you that I will need to resign from the
BZA effective today, January 14, 2020. 1 have enjoyed serving on the board for the past four
years and have enjoyed knowing and working with each of you. I wish all of you the best in the
years ahead.
Sincerely yours,
Walton
Walton I Rutherfoord
CECELIA F. NICCOY
Acting City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(groanokeva.gov
January 22, 2020
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
CECELIA T. WEBB, CNIC
Assistant Deputy Cite Clerk
This is to advise you that Va'Shay McCalla has qualified as a member (Student/Patrick
Henry High School) of the Youth Services Citizen Board for a term of office ending
June 30, 2020.
Sincerely,
Cecelia F. McCoy, CMC
Acting City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit-
1, Va'Shay McCalla, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as the Student/Patrick Henry High School of the Youth Services
Citizen Board, for a term of office ending June 30, 2020, according to the best of my
ability. (So help me God)
A'SHAY MCCALLA
The foregoing oath of office was taken, sworn to, and subscribed before me by
Va'Shay McCalla this 00 day 2020.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
ESTE B A S. HAMILTON, CLERI
B , puty Clerk
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: .January 21, 2020
Subject: Presentation Regarding the 2020 United States Census and
Roanoke Area Complete Count Committee
I would like to sponsor a presentation by Daryn Warner, Partnership Specialist
with the United States Census Bureau, to discuss the formation and utilization
of the Roanoke Area Complete Count Committee in the upcoming 2020 United
States Census effort.
---------------------------
Robert S. Cowell .Jr.
City Manager
Distribution: Council Appointed Officers
Counting Young Children
in the 2020 Census
Counting everyone once, only once, and in the right place
An estimated 5 percent of kids under the age of 5 weren't counted in the
2010 Census. That's about 1 million young children, the highest of any
age group.
We need your help closing this gap in the 2020 Census. Here's what our
research tells us about why young children are missed and what you can
do to help make sure they are counted.
The child splits time between
two homes.
The child lives or stays with
another family or with another
relative such as a grandparent.
The child lives in a lower income
household.
•
•
The child lives in a household
with young parents or a young,
single mom.
•
The child is a newborn.
United States
Census
Bureau
• Emphasize that the census counts everyone where they live and sleep
most of the time, even if the living arrangement is temporary or the parents
of the child do not live there.
• If the child truly spends equal amounts of time between two homes, count
them where they stayed on Census Day, April 1. Coordinate with the other
parent or caregiver, if possible, so the child is not counted at both homes.
• If it's not clear where the child lives or sleeps most of the time, count them
where they stayed on Census Day, April 1.
Explain to service providers and families that responding to the census
helps determine $675 billion in local funding for programs such as food
stamps (also called the Supplemental Nutritional Assistance Program or
SNAP), the National School Lunch Program, and the Children's Health
Insurance Program (CHIP). When children are missed in the census, these
programs miss out on funding that is based on the number of children
counted.
• Explain that filling out the census yourself, on your own schedule, is easier
than having to respond when a census worker knocks on your door. Remind
these households that the form should only take about 10 minutes to fill
out and can be done online or over the phone, in addition to mailing it back.
• Encourage moms with young children to ask other household members to
count them and their children on the form if others live in the household.
• Emphasize that parents should include babies on census forms, even if they
are still in the hospital on April 1.
• Encourage facilities providing services to newborns to remind parents
about the importance of counting their children on the census form.
• Highlight the fact that the census form only takes about 10 minutes to
complete, and parents can fill it out online or over the phone in addition to
paper at a time that works best for them.
U.S. Department of Commerce
Economics and Statistics Administration
U.S. CENSUS BUREAU Connect with us
census,gov &uscensusbureau
i e e e
•
Remind the person filling out the form to count all children, including
nonrelatives and children with no other place to live, even if they are only
living at the address temporarily on April 1.
The child lives in a household that
Spread the word that the census counts all people living or staying at an
is large, multigene ratio na1, or
address, not just the person or family who owns or rents the property.
includes extended or multiple
families.
Encourage renters and recent movers to complete their census forms
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nabou•
online or over the phone, right away. That way they don't need to worry
r■ ' ■■
t paper forms getting lost in the move.
�
• Focus efforts on multiunit buildings that are likely to have renters.
The child lives in a household that
rents or recently moved.
• Please explain to those that have children living in places where they
aren't allowed (for example, grandparents in a seniors -only residence that
• have a grandchild living with them, a family with more people, including
children, than the lease allows) that they should include the children
n� because the Census Bureau does not share information so it can't be used
n against them.
The child lives in a household Emphasize the Census Bureau's legal commitment to keep census
where they're not supposed to be, responses confidential.
for one reason or another.
• Explain that the Census Bureau will never share information with
immigration enforcement agencies like Immigration and Customs
Enforcement (ICE), law enforcement agencies like the police or Federal
Bureau of Investigation (FBI), or allow this information to be used to
determine eligibility for government benefits.
• Conduct outreach and create resources in non - English languages that
highlight the importance of counting young children.
• Encourage non - English speakers to self- respond to the census and let
The child lives in a non - English them know that for the 2020 Census, the online form and telephone line
or limited - English speaking will be available in 13 languages, including English. Language guides will be
household. available in 59 languages other than English.
• Work with community members to conduct outreach in neighborhoods
with recent immigrants. Focus efforts on the community's gathering places
like local grocery stores, places of worship, and small restaurants.
The child lives in a household of Emphasize the Census Bureau's legal commitment to keep census
recent immigrants or foreign- responses confidential. Explain that the Census Bureau will never share
born adults. information with immigration enforcement agencies like Immigration and
Customs Enforcement (ICE), law enforcement agencies like the police or
Federal Bureau of Investigation (FBI), or allow this information to be used
to determine eligibility for government benefits.
3/12/2019 Response Outreach Area Mapper (ROAM)
United states' Kesponbe Outreach Area Mapper (ROAM) www.census.gov/roam
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What to Expect in the Mail
When it's time to respond, most households will receive an invitation in the mail.
Every household will have the option of responding online, by mail, or by phone.
Depending on how likely your area is to respond online, you'll receive either an invitation
encouraging you to respond online or an invitation along with a paper questionnaire.
Letter Invitation
■ Most areas of the country are likely to respond
online, so most households will receive a
letter asking you to go online to complete the
census questionnaire.
We plan on working with the U.S. Postal
Service to stagger the delivery of these
invitations over several days. This way we can
spread out the number of users responding
online, and we'll be able to serve you better if
you need help over the phone.
March 12 -20
An invitation to respond
online to the 2020 Census.
(Some households
will also receive paper
questionnaires.)
March 16 -24
A reminder letter.
If you haven't
responded yet:
March 26 -April 3
A reminder postcard.
April 8 -16
A reminder letter and
paper questionnaire.
April 20 -27
A final reminder postcard
before we follow up in
person.
Letter Invitation and Paper Questionnaire
Areas that are less likely to respond online
will receive a paper questionnaire along with
their invitation. The invitation will also include
information about how to respond online or
by phone.
We understand you might miss our initial
letter in the mail.
■ Every household that hasn't already
responded will receive reminders and will
eventually receive a paper questionnaire.
■ It doesn't matter which initial invitation
you get or how you get it —we will follow
up in person with all households that don't
respond.
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2020.
No. 41653 - 012120.
AN ORDINANCE amending and reordaining Article IV Parks, Chapter 24, Public
Buildings and Property Generally, Code of the City of Roanoke (1979), as amended, by adding a
new Section 24 -97.1, Regulation of Smoking at Amphitheater at Elmwood Park; establishing an
effective date; and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Add a new section Section 24 -97.1, Regulation of Smoking at Amphitheater at
Elmwood Park, Article IV Parks, Chapter 24, Public Buildings and Property Generally, Code of
the City of Roanoke (1979), as amended, as follows:
Sec 24-97.1 Regulation of Smoking at Amphitheater at Elmwood Park.
(a) Pursuant to section 15.2-926.4, Code of Virginia (1950), as
amended the city hereby designates non- smoking areas within the outdoor
amphitheater located at Elmwood Park 706 Jefferson Street S.E. bearing Official
Tax Map No 4013201 The non - smoking areas within the amphitheater at
Elmwood Park are depicted on Engineering Plan Number 6881 filed in the city's
department of engineering and the city's department of parks and recreation.
Smoking shall not be permitted within such designated areas. The city manager or
designee shall install and maintain signs within the amphitheater at Elmwood Park
that clearly designate the non - smoking areas within the amphitheater at Elmwood
Park.
(b) Any person who continues to smoke in such area after being asked
to refrain from smoking in such area shall be subject to .a civil penalty of twenty -
five dollars (S25.00) for each such violation A law- enforcement officer is
authorized to issue a summons regarding violation of this section.
(c) Civil penalties assessed under this section shall be paid to the city
treasurer and shall be expended solely for public health services.
Y )f X
2. The ordinance shall be effective upon its passage.
3. Pursuant to Section 12 of the Charter of the City, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
V& cpt
Acting City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Amendment of Chapter 24 of the City Code by Adding a New
Section (24- 97.1), Regulation of Smoking at Amphitheater at
Elmwood Park
Background:
In March, 2019, the Virginia General Assembly adopted an amendment to
Article 1, Chapter 9 of Title 15.2 of the Code of Virginia through the addition of
Section 15.2- 926.4, relating to the regulation of smoking in outdoor
amphitheater or concert venues, and the establishment of a civil penalty.
Section 15.2-926.4 became effective on July 1, 2019, and authorized localities
to establish by ordinance non - smoking areas in outdoor concert venues and
amphitheaters owned by that locality under certain terms and conditions,
including:
• the installation of adequate signage by the locality designating the non-
smoking areas;
• establishing a civil penalty of not more than $25 per offense;
• providing for law enforcement officers to issue summons to any person
who continues to smoke in such designated areas after being asked to
refrain from smoking; and,
• directing that revenue from all civil penalties collected by the locality
assessed under this regulation be expended solely for public health
purposes.
Considerations:
At City Council's work session briefing on January 6, 2020, staff provided
information regarding the proposed amendment to the City Code which
establishes non - smoking areas within the Amphitheater in Elmwood Park. As
presented at the work session and as illustrated in the attached Exhibit, the
non - smoking area proposed for the Amphitheater in Elmwood Park would
encompass the lower seating bowl and the food vendor area of the facility.
Upon passage of this proposed Ordinance, the Department of Parks and
Recreation would proceed in the establishment of required signage in the
venue, and begin an awareness and information sharing effort for both the
general public and those organizations scheduled to utilize the Amphitheater
during the upcoming season.
Recommended Action:
Adopt the attached Ordinance which establishes the regulation of smoking in
the Amphitheater at Elmwood Park by adding Section 24 -97.1 to the Code of
the City of Roanoke, (1979), as amended.
------------- ----- a�
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Michael Clark, Director, Parks and Recreation
2
Amphitheater at Elmwood Park: Designated No-Smoking Areas (indicated in blue)
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Engineering Plan Number 6881
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2020.
No. 41654 - 012120.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 4 to the
Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking
Facility and Hotel, dated September 20, 2018 (the "Agreement ") between the City of Roanoke,
Virginia (the "City "), Market Holdings, LLC, ( "MH ") and Big Lick Hospitality, LLC ( "Big
Lick "), which proposed Agreement provided that the City, as the owner of certain real property
of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church
Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 ( "City Parcel ");
MH, as the owner of certain real property of approximately 0.5755 acres, together with
improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as
Official Tax Map No. 4011412 ( "MH Parcel "); and Big Lick, agreed that the City would (i)
acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the
"Property "); (iii) construct on the Property and own a Parking Facility, in fee simple, and (iv)
convey to Big Lick condominium units, certain air rights, and appropriate nonexclusive easement
rights within the Parking Facility for the construction and operation of a Hotel Facility to
accommodate the operation of a Hotel on portions of the Property, to amend certain terms of the
Agreement to extend the Inspection Period, as defined in the Agreement; reordaining Ordinance
No. 41267 - 091718, adopted on September 17, 2018, Ordinance No. 41450- 052019, adopted on
May 20, 2019, Ordinance No. 41514- 071519, adopted July 15, 2019, and Ordinance No. 41595-
102119 adopted October 21, 2019 only to the extent not inconsistent with this Ordinance;
authorizing the City Manager to execute all documents necessary to perform, effectuate,
1
administer, and enforce the proposed Amendment No. 4, Amendment No. 3, Amendment No. 2,
Amendment No. 1, and the Agreement; and dispensing with the second reading of this Ordinance
by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41267- 091718,
adopted on September 17, 2018, in which Council approved the terms of the Agreement between
the City, MH and Big Lick;
WHEREAS, the City, MH and Big Lick executed the Agreement which was dated
September 20, 2018;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41450- 052019,
adopted May 20, 2019, in which Council approved the terms of an Amendment No. 1 to the
Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41514- 071519,
adopted July 15, 2019, in which Council approved the terms of an Amendment No. 2 to the
Agreement between the City, MH and Big Lick;
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41595- 102119,
adopted October 21, 2019, in which Council approved the terms of an Amendment No. 3 to the
Agreement between the City, MH and Big Lick;
WHEREAS, under the terms of the Agreement, the Inspection Period expires on January
31, 2020;
WHEREAS, all Parties have requested an extension of the Inspection Period, as defined
in the Agreement, to complete its due diligence and inspections in form and substance acceptable
to the City, MH, and Big Lick; and
2
WHEREAS, the City, MH and Big Lick desire to amend the Agreement to address these
matters in accordance with the terms of this Amendment No. 4.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of Amendment No. 4 to the Agreement as
set forth in the City Council Agenda Report dated January 21, 2020, which Amendment No. 4
amends the Agreement approved by City Council by Ordinance No. 41267- 091718, adopted on
September 17, 2018, and amends Amendment No. 1 approved by City Council by Ordinance
No. 41450- 052019, adopted May 20, 2019, and amends Amendment No. 2 approved by City
Council by Ordinance No. 41514- 071519, adopted July 15, 2019, and amends Amendment No. 3
approved by City Council by Ordinance No. 41595 - 102119, adopted October 21, 2019, and
provides for certain undertakings and obligations by Big Lick, the City, and MH.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 4 to the Agreement, to amend certain terms of the Agreement to extend the
Inspection Period to March 31, 2020, to complete the Parties due diligence review of the
Property, as set forth in the aforementioned City Council Agenda Report. Amendment No. 4 to
the Agreement is to be substantially similar to the Amendment No. 4 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 Big Lick, the City, and MH pursuant to the Agreement, Amendment No. 1, Amendment No.
2, Amendment No. 3 and Amendment No. 4.
9
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
Acting City Clerk
4
'
CITY COUNCIL AGEND A REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Amendment No. 4 to the Agreement for Purchase and Sale of
Real Property for the Development of a Downtown Parking
Facility and Hotel, dated September 20, 2018 (the "Agreement ")
at 116 Church Avenue, S.E., and 120 Church Avenue, S.E.
Background:
Market Holdings, LLC, (MH), Big Lick Hospitality, LLC (Big Lick), and the City of
Roanoke (City) executed an Agreement for Purchase and Sale of Real Property
(Agreement) dated September 20, 2018, whereby (i) MH agreed to sell, and the
City agreed to purchase, 0.5755 acres, together with improvements thereon,
located at 116 Church Avenue, S.E., Official Tax Map #4011412, and (ii) the City
agreed to consolidate with City -owned property of 0.3607 acres, together with
improvements thereon, located, at 120 Church Avenue, S.E., Official Tax Map
#4011413, for the development of a downtown parking facility and hotel. The
terms of this Agreement provided for an inspection period of 240 days
(Inspection Period) with a non - refundable deposit of $50,000.00 to be paid by
the City and Big Lick to MH no later than May 20, 2019.
The City, MH, and Big Lick entered into the Agreement under which the City
would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City
Parcel (collectively, the Property); (iii) construct and own a 490 -500 space
Parking Facility, in fee simple; and (iv) sell to Big Lick for $700,010.00 (a) two
condominium units for hotel lobby facilities, (b) air rights for hotel rooms, and
(c) appropriate nonexclusive easement rights in the Parking Facility in order for
Big Lick to construct and own a 125-150 room Hotel Facility to accommodate
the operation of a Hotel.
In May 2019, the City approved Amendment No. 1 to the Agreement due to all
parties requiring additional time for due diligence. In duly 2019, the City
approved Amendment No. 2 to the Agreement due to all parties requiring
additional time for additional soil testing and assessing the feasibility of the
Project. In October 2019, the City approved Amendment No. 3, as the parties
needed additional time to assess the feasibility of the Project. At this time, the
parties are addressing further logistical matters related to the design and
construction of the Project. To this end, the Parties are seeking approval to
extend the Inspection Period to March 31, 2020.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an
Amendment No. 4 to the Agreement among Market Holdings, LLC, Big Lick
Hospitality, LLC, and the City of Roanoke, substantially similar to the
Amendment No. 4 attached to this Report, with an extended inspection period
to March 31, 2020, and make such other amendments to the Agreement that
are set forth in the proposed Amendment No. 4. 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, Director of Economic Development
Amelia C. Merchant, Director of Finance
Laura M. Carini, Assistant City Attorney
AMENDMENT NO.4
TO
AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE
DATED SEPTEMBER 20, 2018
AMONG
THE CITY OF ROANOKE, VIRGINIA,
MARKET HOLDINGS, LLC,
AND
BIG LICK HOSPITALITY, LLC
This Amendment No. 4 to the Agreement for the Purchase and Sale of Real Estate for the
Development of Downtown Parking Facility and Hotel dated September 20, 2018, among the
City of Roanoke Virginia, a Virginia municipal corporation (the "City "), Market Holdings, LLC,
a Virginia limited liability company ( "MH "), and Big Lick Hospitality, LLC, a South Carolina
limited liability company and qualified to conduct business in the Commonwealth of Virginia
( "Big Lick ") ( "Amendment No. 4 ") is dated this 22nd day of January, 2020.
RECITALS
A. The City, MH, and Big Lick entered into the Agreement for the Purchase and Sale
of Real Estate for the Development of Downtown Parking Facility and Hotel dated September
20, 2018 (the "Agreement') under which Agreement, (i) MH agrees to sell, and the City agrees
to purchase, the MH Parcel, all as in accordance with the terms and conditions of the Agreement;
and (ii) the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property, all as
in accordance with the terms and conditions of the Agreement.
B. The Parties amended the Agreement by Amendment No. 1 dated May 20, 2019, to
extend the Inspection Period to July 31, 2019.
C. The Parties amended the Agreement by Amendment No. 2 dated July 17, 2019 to
extend the Inspection Period to October 31, 2019.
D.. The Parties amended the Agreement by Amendment No. 3 dated October 22,
2019 to extend the Inspection Period to January 31, 2020.
E. Due to additional due diligence review required by all Parties, the Parties desire to
extend the Inspection Period to March 31, 2020.
Based on the foregoing, for good and valuable consideration and the representations set
forth in the Recitals which are a material part of this Amendment No. 4 and are incorporated
herein, the Parties agree as follows:
{2464090 -1, 110046 - 00000 -011
I . Section 7. 1.1 of the Agreement is amended by deleting the first sentence in its
entirety and inserting the following sentence in its place:
Big Lick shall have 558 Days following the Effective Date to complete Big Lick's
due diligence review of the Property (the "Inspection Period "). The Inspection
Period expires on March 31, 2020.
2. Except as amended herein, the Agreement remains in full force and effect in
accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended
by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4,
constitutes the entire agreement between the Parties with respect to the purchase and sale of the
MH Parcel and Hotel Facility Property.
3. Capitalized terms not defined in this Amendment No. 4 shall have the meaning
ascribed to such terms as set forth in the Agreement.
Dated as of the day and date first above written.
SIGNATURES APPEAR ON FOLLOWING PAGES
{2464090 -1, 110046 - 00000 -01}
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 by their authorized
representatives as of the date of this Amendment No. 4.
WITNESS:
Print name and title
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
CITY OF ROANOKE, VIRGINIA
Bv:
Robert S. Cowell, Jr.
City Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2020, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke,
Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke, Virginia.
My Commission expires:
Notary Public
Approved as to form:
{2464090 -1, 110046 - 00000 -011 3
Approved as to execution:
SEAL
WITNESS:
Print name and title
STATE OF
CITY /COUNTY of
MARKET HOLDINGS, LLC
David Wine, Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2020, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited
liability company, on behalf of Market Holdings, LLC.
My Commission expires:
Notary Public
SEAL
{2464090 -1, 110046 - 00000 -01} 4
WITNESS:
BIG LICK HOSPITALITY, LLC
a South Carolina limited liability company
Print name and title By: Aughtry Hotel Management, LLC
a South Carolina limited liability company
its Manager
By:
Name: Paul C. Aughtry, III
Its: Manager
STATE OF
CITY /COUNTY of
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2020, by Paul C. Aughtry, III, the duly authorized manager of Aughtry Hotel Management,
LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a
South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC.
My Commission expires:
Notary Public
12464090 -1, 110046- 00000 -011
SEAL
CECELIA F. NICCOY, CHIC
Acting City Clerk
Damon Gettier
1615 E. Main Street
Salem, Virginia 24153
Dear Mr. Gettier:
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: clerk(47,roanokeva.gov
January 22, 2020
CECELIA T. W'EBB, C1IC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 41655- 012120 to rezone certain property located
at 5005 Melrose Avenue, N. W., from CN, Commercial- Neighborhood District, and R -5,
Residential Single - Family District, to CG, Commercial - General District, subject to certain
conditions proffered by the applicant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 2020, and is in full force and effect upon
its passage.
Sincerely,
'2 �
Cecelia F. McCoy, CMC
Acting City Clerk
Enclosure
PC: Buck Simmons, 1609 Peters Creek Road, N. W., Roanoke, Virginia 24017
Kelly Givens, FedStar Federal Credit Union, 5005 Melrose Avenue, N. W.,
Roanoke, Virginia 24017
Nancy W. Cross, 3815 Stratford Park Drive, S. W., Roanoke, Virginia 24018
Michael E. Wingate, 5111 Melrose Avenue, N. W., Roanoke, Virginia 24017
Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012
Linda M. Lee, 1204 Gilford Road, N. W., Roanoke, Virginia 24017
Richard E. and Eunice A. Jones, 1201 Gilford Avenue, N. W., Roanoke, Virginia
24017
Miller Investments of Greensboro, 1715 Willow Wick Drive, Greensboro, North
Carolina 27408
Ivan M. Brewer, 1210 Gun Club Road, N. W., Roanoke, Virginia 24017
Damon Gettier
January 22, 2020
Page 2
The Honorable Brenda Hamilton, Circuit Court Clerk
Robert S. Cowell, Jr., City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Christopher Chittum, Director, Planning Building & Development
Daniel J. Callaghan, City Attorney
Timothy Spencer, Senior Assistant City Attorney
Tina Carr, Secretary, City Planning Commission
Susan Lower, Director of Real Estate Evaluation
Luke Pugh, City Engineer
Katharine Gray, City Planner
J11-P
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2020.
No. 41655 - 012120.
AN ORDINANCE rezoning certain property located at 5005 Melrose Avenue,
NW, from CN, Commercial- Neighborhood District, and R -5, Residential Single- Family
District , to CG, Commercial - General District, subject to certain conditions proffered by
the applicant; and dispensing with the second reading of this ordinance by title.
WHEREAS, Buck Simmons has made application to the Council of the City of
Roanoke, Virginia ( "City Council "), to have the property located at 5005 Melrose
Avenue, NW, bearing Official Tax Map No. 6110147, rezoned from CN, Commercial -
Neighborhood District, and R -5, Residential Single- Family District, to CG, Commercial -
General District, subject to certain conditions;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on January 21, 2020, after due and timely notice thereof as required by §36.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and 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, is hereby amended to reflect that Official Tax Map No. 6110147 located at
5005 Melrose Avenue, NW, be, and is hereby REZONED from CN, Commercial -
Neighborhood District, and R -5, Residential Single - Family District, to CG, Commercial -
General District, subject to certain conditions proffered by the applicant, as set forth in
the Zoning Amendment, Amended Application No. 2, dated January 7, 2020.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
- ��CC -l' -fat. �•
Ae- irCity Clerk.
Rezone with proffers - 5005 Melrose.doc 2
CITY COUNCIL AGENDA REPORT
wr.' rte.
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Application by Valley Funeral Home to rezone property located at
5005 Melrose Avenue NW, Official Tax Map No. 61 10147, from CN,
Commercial- Neighborhood District, and R -5, Residential Single -
Family District, to CG, Commercial - General District, with conditions.
Summary:
The Planning Commission held a public hearing on January 13, 2020. By a vote
of 7 -0 the Commission recommends approval of the rezoning request, finding
that the Amended Application No. 2 is consistent with the City's Comprehensive
Plan, Peters Creek North Neighborhood Plan, and Zoning Ordinance as the
subject property will be redeveloped and used in a manner appropriate to the
surrounding area.
Application Information:
Request:
Rezoning to CG, with conditions
Applicant:
Buck Simmons, Valley Funeral Home
Owner:
Kelly Givens, FedStar Federal Credit Union
Agent:
Damon Gettier
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Address:
5005 Melrose Avenue, N.W.
Official Tax Nos.:
6110147
Site Area:
1.0380 acres
Relevant Plans:
Peters Creek North Neighborhood Plan
Proposed Land Usi
Funeral Home
Future Land Use:
Commercial
Filing Date:
Original Application: November 25, 2019
Amended Application No. 1: December 13, 2019
Amended Application No. 2: January 7, 2020
Background:
5005 Melrose Avenue NW was built and used as a bank in the 1960's and has
been used as a financial institution since its construction. The current credit
union owner has built a new facility and is vacating the property. At the same
time, Valley Funeral Home has been looking for a facility in the area for its
funeral home use. The zoning of the property was changed from C -2,
Commercial General District, to CN, Commercial Neighborhood District, as part
of the 2005 Comprehensive Rezoning. This change was based on the use that
existed there at the time and the less intensive uses in this area in the northern
part of Melrose Avenue.
The applicant proposes to use the property for a funeral home, however, that use
is not permitted in the CN, Commercial Neighborhood, or R -5, Residential Single -
Family, zoning districts. Therefore, the applicant requests to rezone to the CG,
Commercial General, zoning district where the use is permitted. The applicant
has proffered conditions restricting the uses to those uses permitted in both CN
and CG plus the funeral home use, requiring the installation of a landscape
buffer, and restricting the signage to that permitted in the CN District.
Proposed Use /Development:
The proposed use is classified in the zoning ordinance as a funeral home.
The applicant has requested to rezone the property to the CG, Commercial
General District, with conditions. The conditions restrict the uses to a list of uses
allowed in both the CN and CG districts plus one additional use allowed only in
the CG District, require a landscape buffer at the rear of the property, and restrict
signage to that allowed in the CN District.
The conditions proffered for Official Tax No. 6110147 are as follows:
1. The property shall be used for only the following uses which are permitted
of right or by special exception in both the CN and CG zoning districts:
• Short -term rental
• Business service establishment, not otherwise listed
• Financial institution
• Laboratory, dental, medical, or optical
• Medical clinic
• Office, general or professional
• Office, general of professional, large scale
• Animal hospital or veterinary clinic, no outdoor pens or runs
• Animal hospital or veterinary clinic, outdoor pens and runs
• Community market
• Live -work unit
• Mixed -use building
• Studio /multimedia production facility
2
• Bakery, confectionary, or similar food production, retail
• Body piercing establishment
• Dry cleaning and laundry pick -up station
• General service establishment, not otherwise listed
• Internet sales establishment
• Laundromat
• Motor vehicle rental establishment, without inventory onsite
• Personal service establishment, not otherwise listed in this table
• Tattoo parlor
• Club, lodge, civic, or social organization
• Community center
• Eating establishment
• Eating and drinking establishment, not abutting a residential district
• Eating and drinking establishment, abutting a residential district "Y
• Entertainment establishment, abutting a residential district **
• Health and fitness center
• Meeting hall, abutting a residential district
• Meeting hall, not abutting a residential district
• Microbrewery or microdistillery, not abutting a residential district
• Microbrewery or microdistillery abutting a residential district
• Park or playground
• Place of worship
• Theater, movie or performing arts
• Artist studio
• Community garden
• Day care center, adult
• Day care center, child
• Educational facilities, business or non - industrial trade school
• Educational facilities, elementary /middle /secondary
• Education facilities, school for the arts
• Fire, police, or emergency services
• Government offices or other government facility, not otherwise listed
• Library
• Museum
• Post office
• Supply pantry
• Broadcasting studio or station
• Utility distribution or collections, basic
• Utility distribution or collection, transitional
• Wireless telecommunications facility, small cell on existing structure
• Wireless telecommunications facility, stealth
• Wireless telecommunications facility, not otherwise listed
• Agricultural operations **
• Accessory uses, not otherwise listed
• Homestay
• Outdoor display area
• Outdoor recreation facility lighting or sports stadium lighting'`
• Wind turbine, small **
And the following additional use permitted in the CG zoning district:
• Funeral home
* Indicates a use permitted only by special exception.
2. Valley Funeral Home will plant eight standard -size magnolia grandiflora
trees, at least five feet tall and planted on 20 foot centers, shall be
established and maintained in a 20 foot buffer strip located adjacent to the
entire length of the Official Tax Map No.61 10149.
3. Any new signage on the property will conform to the requirements of the
City of Roanoke Zoning Ordinance, Table 668 -1, for the CN, Commercial -
Neighborhood District.
Considerations:
Compatibility with Surrounding Land Uses:
The property is located in a commercial strip along Melrose Avenue with
buildings generally situated with a suburban development pattern (buildings set
back from the street and spaced apart with large parking areas). The area to the
east is zoned CG, Commercial - General District, and RM -2, Residential Mixed
Density District. The properties to the south are zoned R -7, Residential Single
Family District, and CG, Commercial General District. The properties to the west
are zoned R -5, Residential Single - Family District. And, the property to the north
is zoned R -5, Residential Single- Family The future land use map from the Peters
Creek North Neighborhood Plan envisioned this entire portion of this corridor as
commercial. The 2005 Comprehensive Rezoning later clarified that the
commercial use intensity should be greater in commercial nodes and lesser in
other areas.
Applicability /Appropriateness of Proposed Zoning District:
The proposed CG District is the least intensive of the multiple purpose zoning
districts that permits the funeral home use and is the predominant multiple
purpose zoning district on this part of Melrose Avenue, including adjacent
parcels. The conditions proffered by the applicant keep the intensity of uses
similar to what is currently permitted.
Availability of Other Property:
The property sits in a relatively low intensity portion of the Melrose Avenue
commercial corridor. Other commercial properties in the immediate vicinity
zoned appropriately for a funeral home use are not available at this time.
al
Consistency with Comprehensive Plan:
Both Vision 2001 -2020 and the Peters Creek North Neighborhood Plan recognize
that services that provide for needs in commercial areas are an important part of
the community and rezoning this property to a higher intensity of commercial use
with conditions is appropriate in this location.
Policy/Action
Plan I Applicability to matter
Roanoke's neighborhoods should
Comprehensive
The property is proposed to
function as villages, offering
Plan', pg. 40
be used for a funeral home to
opportunities to live, work, shop, play,
meet the needs of the
and interact in a neighborhood
northwest community.
setting.
Economic Development Policies:
Peters Creek
The funeral home will be in an
Concentrate commercial uses in
North
area noted for commercial use
commercial nodes.
Neighborhood
on the future land use map.
Plan, pg. 30.
Economic Development Policies:
Peters Creek
Although there are some
Encourage redevelopment of vacant
North
vacant properties on Melrose,
and underused commercial property
Neighborhood
they are not currently
before allowing new commercial
Plan, pg. 30
available and this is an
zoning.
appropriate location for a
limited CG use.
Economic Development Policies:
Peters Creek
Encourage good relationships between
North
The proffered conditions limit
commercial and residential
Neighborhood
the uses to those mostly
development through thoughtful site
Plan, pg. 30
allowed in both CN and CG
and building design, landscaping, and
Districts, requires a landscape
transitional uses.
buffer at the rear of the
property, and restricts
signage
Comments on Application:
Planning Commission Work Session:
The following items were discussed and changes were recommended to:
correctly reflect the zoning ordinance, incorporate the concept plan back into the
application, examine the number of uses proposed, and restrict signage to that
appropriate to adjoining residential area.
The applicant amended the application to address most of the noted concerns.
Vision 2001 -2020 City of Roanoke, 2001
Peters Creek North Neighborhood Plan City of Roanoke, 2002
5
Interdepartmental Comments:
General comments were provided from the Western Virginia Water Authority and
Planning Building and Development related to the change of use, the
nonconforming nature of the existing building, and water and sewer availability.
Public Comments:
None.
Public Hearing:
Linda Lee, 1204 Guilford Avenue NW, questioned if the rezoning affected her
property, requested the applicant take care of the shrubbery adjacent to her
property, questioned if there would be dead bodies in the building, and
requested continued access on the said property to easily access her back yard.
Conclusions and Recommendations:
The proposed rezoning facilitates the addition of a funeral home within an
existing commercial section on the Melrose Avenue Corridor. While no major
changes to the existing building are proposed, any changes will be required to
meet the CG zoning district standards, as restricted by the conditions proffered
regarding use, landscaping, and signage. Staff recommends approval.
qf . &U�k - /1'.-C
James E. Smith, Chair
City Planning Commission
Enclosure: Attachment A, Zoning District Map
Distribution: 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
Timothy Spencer, Senior Assistant City Attorney
Buck Simmons, Valley Funeral Home
Kelly Givens, FedStar Federal Credit Union
Damon Gettier, Damon Gettier Associates, Realtors
C•1
ZONING MAP EXCERPT
5005 Melrose Avenue NW
OFFICIAL TAX MAP NO. 6110147
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Attachment A
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730
Submittal Number: Amended Application #2
❑x Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 5 Avenue NW, Roanoke, VA 24017
Official Tax No(s).: 16110147
Cads two to Ptint
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Existing g Without Conditions Ordinance
Zoning: CN, Commercial- Neighborhood ❑ With Conditions No(s). (If
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed
Zoning: CG, Commercial - General ❑X With Conditions Land Use:
❑ Planned Unit Development
,.�
Name: FedStar Federal Credit Union Phone Number: +1 (540) 589 -6538
Address: 5005 Melrose Avenue NW, Roanoke, VA 24017 E -mail: Kgivens @Fedstar.org
Name: Buck Simmons Phone Number: F +1 (540) 580 -9508
Address: 1690 Peters Creek Road, Roanoke, VA 24017 E -mail: ValleyFuneralService @hotm
Name: Damon Getber Phone Number: +1 (540) 3141199
Address: 1615 E Main Street, Salem, VA 24153 E -mail: Damon @DamonGettler.com
Doc ID: 082828257aa7c96c779c8f7cOcOed45326546c82
Zoning Amendment
Application Checklist
{
Cx Completed application form and checklist.
fx Written narrative explaining the reason for the request.
F- Metes and bounds description, if applicable.
r Filing fee.
for
r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
i 40ft ;..
r Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as
'development plan' if proffered,
Far�F,
f Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
Fcr� ICI;
r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For Imo` ., ! *WW* MW 000 be d
Amended development or concept plan meeting the Application Requirements of item '2(c)'in Zoning Amendment Procedures,
r if applicable.
F- Written proffers to be amended. See the City's Guide to Proffered Conditions.
F- Copy of previously adopted Ordinance.
r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
f— Copy of previously adopted Ordinance.
Fort dolt, !b8 t
j— Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
For , x , a tic impWstudy b W t AS0 to #10 QKY, be AUWOW:
F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
fior, I tf aq r }lcalt a it ii t a nots b"dMftd ti VDOT, i ` hg;M e.
F Cover sheet.
F- Traffic impact analysis.
r Concept plan.
r Proffered conditions, if applicable.
f— Required fee.
*An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
11/25/2019
Hello,
My name is Buck Simmons, owner and operator of Valley Funeral Home, currently
located close by at 1609 Peters Creek Rd, Roanoke, VA 24017. 1 am writing you today to inform
you of my intentions of purchasing the former Fedstar Federal Credit Union building, located at
5005 Melrose Avenue, Roanoke, VA 24017, to operate my funeral home business out of. I will
not host actual funeral services at this location, but it will be a sales and processing location.
Therefore, my business practices will not generate substantial traffic as a funeral home location
typically would.
In order to relocate to the aforementioned address the City of Roanoke requires that I
get that area rezoned from "Commerical- Neighborhood" to "Commercial - General ". The majority
of the parcels located on Melrose Avenue to the corner of Peters Creek Road are zoned for
"Commercial - General" use, including Enterprise (right next door) and Sunnybrook Auto & Tire
Inc. Rezoning this parcel will bring 5005 Melrose Avenue in alignment with the surrounding
businesses and will also prevent this building from becoming vacant longterm.
Fedstar Federal Credit Union will be vacating the premises on December 31, 2019,
regardless of the outcome of the rezoning process. I am also going to be planting eight five foot
tall magnolia trees as a separation screen along the right border of the property, between 5005
Melrose Avenue and residential neighbor at Official Tax Map No.6110149. The City of Roanoke
will be mailing letters out also to inform citizens of this rezoning request.
If you have any questions or concerns, please reach out to me. I look forward to
becoming your neighbor!
Sincerely,
Buck Simmons, Owner of Valley Funeral Home
(540) - 580 - 9508
Written Narrative - Rezoning 6006 Melrose Avenue, Roanoke, VA 24017
Buck Simmons, owner and operator of Valley Funeral Service, a funeral home and
crematory, currently located at 1609 Peters Creek Rd NW, Roanoke, Virginia 24017, has been
looking for a suitable building to relocate their current business to for some time. When looking
for a suitable building, the owner (Buck Simmons), is seeking a building that not only would suit
him and his clientele functionally, but aesthetically as well. Mr. Simmons has made an
exhaustive search in his endeavor to find a building that would work in function and aesthetics.
No other befitting existing buildings or lots have been listed for sale between the City of Salem
boundary and the intersection of Peters Creek Road and Melrose Avenue, except for the former
Fedstar Federal Credit Union building, located at 5005 Melrose Avenue NW, Roanoke, Virginia
24017. This location is not only conveniently located in close proximity to the current location,
but it also has the aesthetic look and feel that Valley Funeral Service and their clientele desire.
Mr. Simmons is under contract to purchase 6006 Melrose Avenue, Roanoke, Virginia
24017 with the condition that Roanoke City will rezone tax number 6110147 to "Commercial
General" in order to conduct his funeral home business. Fedstar Federal Credit Union will officially
vacate December 31, 2019 and is already operating at a new location on Main Street in Salem.
The subject property was for sale for over a year, initially in April 2018. First listed at $750,000, then
$695,000, then $595,000. This property is under contract for $500,000 with Mr. Simmons; this
purchase price is well below the City's 2019 assessment of $688,500. Fedstar Federal Credit Union
is contributing $50,000 to upfit the property in order to get it sold; part of which is going towards
planting a separation screen of eight Magnolia grandiflora trees along the right border of the
property, between the subject parcel and residential neighbor.
Buck Simmons requests that the zoning be changed to "Commercial - General ", as the
majority of the parcels (13 out of 19) are currently zoned as such. Rezoning the property to
Commercial - General will actually bring this property into alignment with the majority of the
properties along Melrose Avenue, between Salem City and the intersection of Peters Creek
Road. As recommended in the 'Peter's Creek North Neighborhood Plan', Melrose and Peters
Creek intersections are "...areas of development opportunities for commercial development."
With few exceptions, the entire roadway is zoned Commercial - General; with the exception of the
subject property, two vacant lots that have been for sale for over a decade (6110145 and
6110146), and one residential property (6110144) that already borders a "Commercial General"
zoned business (6110167, Sunnybrook Auto & Tire Inc).
Valley Funeral Service performs 160 -200 burials or cremations yearly. The vast majority
are cremations. Valley Funeral Service envisions performing any rare actual funeral services at
local churches and not at the funeral home and crematory. Therefore not generating substantial
traffic at the subject property. The new location would be the sales, crematory and embalming
location. Mr. Simmons will be going door -to -door to notify surrounding neighbors about his
intentions for his new prospective business location. Attached is a letter Mr. Simmons will
distribute to the neighbors, informing them of his plans.
Concept Plan - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Buck Simmons, owner and operator of Valley Funeral Service, is proposing a change in
zoning for 5005 Melrose Avenue, Roanoke, Virginia 24017 with the condition that Roanoke City
will rezone tax number 6110147 to "Commercial General" in order to conduct his funeral home
business at that location. Damon Gettier is the preparer of this rezoning application and is the
listing agent for the subject property that is currently for sale. Fedstar Federal Credit Union, the
current owner of the building, initially put their property on the market in August 2018. The sale
of this currently vacant building is conditional on it being rezoned to suit Mr. Simmons' business
needs as a funeral home service provider. The previous use of the space was as a credit union,
including a covered drive -in area, formerly used as a teller drive - through, on the left side of the
building. If this parcel is rezoned, Valley Funeral Service is set to begin occupancy as soon as
possible in January 2020.
Tax parcel 6110147 is situated at the intersection of Melrose Avenue (US Route 460)
and Gilford Avenue. The property is 1.0380 acres or 45215 square feet. The property's depth is
254 feet and the property's frontage is 152 feet. The firm panel is 51161C0142G. The building is
fire resistant and 3776 square feet. There are two Western Virginia Water Authority sewer lines
that cross through tax parcel 6110147. One is on the back end of the property and has a 20'
Public Sanitary Sewer Easement. The other sewer line is on the front portion of the subject
property, paralleling Melrose Avenue; attached is a supporting map with those two utility lines
defined. Melrose Avenue and Gilford Avenue are the two streets adjacent to the subject
property. Gilford Avenue is the one -way entrance to the property, with a one -way exit out on
Melrose Avenue. This one way exit is adjacent to a railroad tie retaining wall on the north
western border of the parcel.
Mr. Simmons will not be conducting funerals at this location. He conducts funerals at
local churches elsewhere. He will be using it as a processing and sales location. There will not
be an increase to the traffic as a result of his business operations. He will not be altering the
building, parking, access or existing covered drive -in area. He will be replacing the existing
freestanding FedStar Federal Credit Union Sign with a similar "Valley Funeral Home" sign of the
same dimensions, maintaining the CN type signage that is currently present. The sign will be in
compliance with Sec. 36.2 -671 of the City of Roanoke Code of Ordinances. In addition to
updating signage, Mr. Simmons will plant eight standard -size Magnolia grandiflora trees, at least
five feet tall and meeting the requirements of Table 642 -1 in the City of Roanoke Zoning
Ordinance, planted on 20 foot centers, shall be established and maintained in a 20 foot buffer
strip located adjacent to the entire length of the residential neighbor at Official Tax Map
No.6110149. Fedstar Federal Credit Union has agreed to contribute $50,000 towards the
landscaping. Aside from updating the existing signage and planting Magnolia trees, there will
not be any foreseeable changes to the exterior of the property.
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
PROFFERS TO BE ADOPTED ON ROANOKE CITY
TAX PARCEL # 6110147
1. The property shall be used only for the following uses:
The following uses which are permitted of right or by special exception in both CN and
CG zoning districts:
Accommodations and Group Living
• Short -term rental
Commercial Uses: Office and Related Uses
• Business service establishment, not otherwise listed
• Financial institution
• Laboratory, dental, medical, or optical
• Medical clinic
• Office, general or professional
• Office, general or professional, large scale
Commercial Uses: Miscellaneous
• Animal hospital or veterinary clinic, no outdoor pens or runs
• Animal hospital or veterinary clinic, outdoor pens or runs. (By special
exception only)
• Community market
• Live -work unit
• Mixed -use building
• Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
• Bakery, confectionary, or similar food production, retail
• Body piercing establishment
Dry cleaning and laundry pick -up station
• General service establishment, not otherwise listed
• Internet sales establishment
• Laundromat
• Motor vehicle rental establishment, without inventory on -site
• Personal service establishment, not otherwise listed in this table
• Pet grooming
Retail sales establishment, not otherwise listed
• Tattoo parlor
Assembly and Entertainment Uses
• Club, lodge, civic, or social organization
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
• Community center
• Eating establishment
• Eating and drinking establishment, not abutting a residential district
• Eating and drinking establishment, abutting a residential district. (By
special exception only)
• Entertainment establishment, abutting a residential district. ( By special
exception only)
• Health and fitness center
• Meeting hall, abutting a residential district. (By special exception only)
• Meeting hall, not abutting a residential district
• Microbrewery or microdistillery not abutting a residential district
• Microbrewery or microdistillery abutting a residential district. (By special
exception only)
• Park or playground
• Place of worship
Theater, movie or performing arts
Public, Institutional, and Community Facilities
•
Artist studio
•
Community garden
•
Day care center, adult
•
Day care center, child
•
Educational facilities, business school or nonindustrial trade school
•
Educational facilities, elementary/middle /secondary
•
Educational facilities, school for the arts
•
Fire, police, or emergency services
•
Government offices or other government facility, not otherwise listed
•
Library
•
Museum
•
Post office
•
Supply pantry
Utility Uses
• Broadcasting studio or station
• Utility distribution or collection, basic
• Utility distribution or collection, transitional. (By special exception only)
Wireless telecommunications facility, small cell on existing structure
• Wireless telecommunications facility, stealth
• Wireless telecommunications facility, not otherwise listed. (By special
exception only)
Agricultural Uses
• Agricultural operations. (By special exception only)
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Accessory Uses
• Accessory uses, not otherwise listed in this Table
• Homestay
• Outdoor display area
• Outdoor recreation facility lighting or sports stadium lighting. (By special
exception only)
• Wind turbine, small. (By special exception only)
The following uses which are permitted of right or by special exception in CG zoning
districts:
And the following additional use:
Funeral Home
2. Valley Funeral Service will plant eight standard -size magnolia grandiflora trees, at least
five feet tall and planted on 20 foot centers, shall be established and maintained in a 20
foot buffer strip located adjacent to the entire length of the Official Tax Map No.6110149.
3. Any new signage on the property will conform to the requirements of the City of Roanoke
Zoning Ordinance, Table 668 -1, for the CN, Commercial- Neighborhood District.
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The Roanoke Times Account Number
Roanoke, Virginia 6011439
Affidavit of Publication
Date
CITY OF ROANOKE - PDB January 14, 2020
Attn Tina Carr
215 CHURCH AVE
ROOM 166
ROANOKE, VA 24011
Date Category Description Ad Size Total Cost
01/16/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 101 L 991.12
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE An was published in said newspapers on the
following dates:
12131. 01/07/2020
The First insertion being given ... 12/31/2019
Newspaper reference: 0001044111
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Billing Representative
Sworn to and subscribed before me this Tuesday, January 14, 2020
�At
Notary Pub1i (klmb*dyR.Harrta
NOTARY PUBLIC
State of Virginia
Commonweattt+ of Vlr9 nie
Registre0on Number 356753
City/County of Roanoke
Nohvy
Commission Expires January 31 2021
My Commission expires
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
Any public hearings advertised herein
will be held in the City Council
Chamber, fourth floor, Room 450, Noel
C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke,
Virginia. Any applications will be
available for review in Planning,
Building, & Development, first floor,
Room 170, 215 Church Avenue, S.W.,
Roanoke, Virginia.
The City of Roanoke Planning
Commission will hold a public hearing
on January 13, 2020, at 1:30 p.m., or as
soon thereafter as the matters may be
heard, to consider the following
matters:
Application by Hamlar Properties, LLC,
to vacate two adjoining alleys that run
from Fairfax Avenue NW to Moorman
Avenue NW and from 10th Street NW to
Fairfax Avenue NW.
Application by Franklin Road, LLC, t0
vacate an alley running north from
Franklin Road SW towards Luck Avenue
SW, adjacent to property located at 117
Franklin Road SW, Official Tax Map No.
1012613, and extending north to the
southwest corner of 120 Luck Avenue
SW, Official Tax Map No. 1012606, and
to include the portion of the alley
running parallel to Franklin Road SW
and Luck Avenue SW, continuing east
from its intersection with the
aforementioned alley to the southeast
corner of the building on 120 Luck
Avenue SW.
Application by JE2 Investments, LLC, to
vacate a portion of Gregory Avenue NE,
north of 9011 1th Street NE, Official Tax
Map No. 3051106, and running between
11th Street NE and Cherokee Street NE.
Application by Valley Funeral Home to
rezone property located at 5005
Melrose Avenue NW, Official Tax Map
No. 6110147, from CN, Commercial.
Neighborhood District, and R•5,
Residential Single - Family District, to
CG, Commercial - General District, with
conditions. The land use categories
permitted in CG District include
residential; accommodations and
group living; commercial; industrial;
warehousing and distribution;
assembly and entertainment; public,
institutional and community facilities;
transportation; utility; agricultural; and
accessory with no maximum density
specified and a maximum floor area
ratio of 5.0. The comprehensive plan
designates the property for
commercial use. The proposed use of
the property is a funeral home.
Tina M. Carr, Secretary, City Planning
Commission
City Council will hold public hearings
on the aforesaid matters on January 21,
2020, at 7:00 p.m., or as soon thereafter
as the matters may be heard, In the
City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. Citizens are advised
that the date on which these matters
will be heard Is a departure from the
usual date on which such matters are
heard by City Council.
Any person with a disability requiring
any special accommodation to attend
or participate in the public hearings
should contact the City Clerk's office at
(540) 853 -2541 at least five days prior
to the scheduled public hearings.
Cecelia F. McCoy, CMC, Acting City
Clerk
(1044111)
Gay
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
Any public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
Any applications will be available for review in Planning, Building, & Development, first floor,
Room 170, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on January 13, 2020, at
1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters:
Application by Hamlar Properties, LLC, to vacate two adjoining alleys that run from Fairfax
Avenue NW to Moorman Avenue NW and from 10th Street NW to Fairfax Avenue NW.
Application by Franklin Road, LLC, to vacate an alley running north from Franklin Road SW
towards Luck Avenue SW, adjacent to property located at 117 Franklin Road SW, Official Tax
Map No. 1012613, and extending north to the southwest corner of 120 Luck Avenue SW,
Official Tax Map No. 1012606, and to include the portion of the alley running parallel to
Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the
aforementioned alley to the southeast corner of the building on 120 Luck Avenue SW.
Application by JE2 Investments, LLC, to vacate a portion of Gregory Avenue NE, north of 901
11th Street NE, Official Tax Map No. 3051106, and running between l Ith Street NE and
Cherokee Street NE.
Application by Valley Funeral Home to rezone property located at 5005 Melrose Avenue NW,
Official Tax Map No. 6110147, from CN, Commercial - Neighborhood District, and R -5,
Residential Single - Family District, to CG, Commercial - General District, with conditions. The
land use categories permitted in CG District include residential; accommodations and group
living; commercial; industrial; warehousing and distribution; assembly and entertainment;
public, institutional and community facilities; transportation; utility; agricultural; and accessory
with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive
plan designates the property for commercial use. The proposed use of the property is a funeral
home.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid matters on January 21, 2020, at 7:00 p.m.,
or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens
are advised that the date on which these matters will be heard is a departure from the usual date on
which such matters are heard by City Council.
Any person with a disability requiring any special accommodation to attend or participate in the
public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to
the scheduled public hearings.
Cecelia F. McCoy, CMC, Acting City Clerk
Please publish in newspaper on Tuesday, December 31, 2019, and Tuesday, January 7, 2020.
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 170
Roanoke, VA 24011
540/853 -1730
tina.carr ruroanokeyA.gov
Please send affidavit of publication to:
Cecelia F. McCoy, Acting City Clerk
City of Roanoke
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
CECELIA F. MCCOY, CMC
Acting Cite Clerk
Damon Gettier
1615 E. Main Street
Salem, Virginia 24153
Dear Mr. Gettier:
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: clerk(a roanokeva.gov
January 2, 2020
CECELIA T. WEBB, CMC
Assistant Deputy Cite Clerk
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, January 13, at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Valley
Funeral Home to rezone property located at 5005 Melrose Avenue, N. W., from
Commercial - Neighborhood District, and Residential Single - Family District, to Commercial -
General District, with conditions. The land use categories permitted in Commercial - General
District include residential; accommodations and group living; commercial; industrial;
warehousing and distribution; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory with no maximum
density specified and a maximum floor area ratio of 5.0. The comprehensive plan
designates the property for commercial use. The proposed use of the property is a funeral
home. (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
Tuesday, January 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 Monday, January 13.
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,
We,
Cecelia F. McCoy, CMC
Acting City Clerk
Enclosure
c: Buck Simmons, 1609 Peters Creek Road, Roanoke, Virginia 24017
Kelly Givens, FedStar Federal Credit Union, 5005 Melrose Avenue, N. W., Roanoke,
Virginia 24017
CECELIA F. hICCOY, CMC
.Acting City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCa7oanokeva.goy
Nancy W. Cross
Michael E. Wingate, ETALS
Valley Properties, LLC
Linda M. Lee
Ladies and Gentlemen:
January 2, 2020
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Richard E. and Eunice A. Jones
Miller Investments of Greensboro
Ivan M. Brewer
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, January 13, at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Valley
Funeral Home to rezone property located at 5005 Melrose Avenue, N. W., from
Commercial- Neighborhood District, and Residential Single- Family District, to Commercial -
General District, with conditions. The land use categories permitted in Commercial - General
District include residential; accommodations and group living; commercial; industrial;
warehousing and distribution; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory with no maximum
density specified and a maximum floor area ratio of 5.0. The comprehensive plan
designates the property for commercial use. The proposed use of the property is a funeral
home. (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
Tuesday, January 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 January 13.
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,
Cecelia F. McCoy, CMC
Acting City Clerk
Enclosure
Zoning Amendment
Application
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730
Filing Date:I rml
Click We to Print
Submittal Number: &I'%QA �0•
❑ Rezoning, Not Otherwise Listed
❑
x Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 15005 Melrose Avenue NW, Roanoke, VA 24017
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Official Tax No(s).: 6110147
Existing ❑x Without Conditions Ordinance
Zoning: CN, Commercial - Neighborhood ❑ With Conditions No(s). (if
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed
Zoning: CG, Commercial - General With Conditions Land Use:
❑ Planned Unit Development
Pt.9Rvo19— Ci or tld9 —r t1{Ittll+'
Name: IFedStar Federal Credit Union Phone Number: +1 (540) 589 -6538
Address: 5005 Melrose Avenue NW, Roanoke, VA 24017 E -mail: Kglvens @Fedstar.org I
% i✓e-,115
aop.rya.mhsg.r.:
Appftlat.fat ~ti_on (it Of 0100t f E9 MIJOW111111litU
Name: Buck Simmons Phone Number: +1 (540) 580 -9508
Address: 11690 Peters Creek Road, Roanoke, VA 24017
E -mail: VValleyFuneralService @hotm
AW ..A00t
Name: Damon Gettier Phone Number. +1 (540) 314 -1199
Address: 1615 E Main Street, Salem, VA 24153 E -mail: Damon @DamonGettier.com
Doc ID: 082828257aa7c96c779c8f7cOcOed45326546c82
Zoning Amendment
Application Checklist
The blowing must be submitted fvr all applications:
r Completed application form and checklist.
fV Written narrative explaining the reason for the request.
I-" Metes and bounds description, if applicable,
r Filing fee.
For a rezoning not otherwise Rated, the following must also be submitted.
r Concept plan meeting the Application Requirements of item 2(c)' in Zoning Amendment Procedures.
For a conditional rezoning, the following must also be stetted
ix Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
'development plan' if proffered.
For a planned unit development, the blowing must also be submit1W.
F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
For a comprehensive sign overlay district, the following must be submitted.
r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For an amendment of proffered conditions, the following must also be submitted:
Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures,
r if applicable.
F- Written proffers to be amended. See the City's Guide to Proffered Conditions.
F- Copy of previously adopted Ordinance.
For a planned unit development amendment, the following must also be submitted.
F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
For a comprehensive sign overlay amendment, the foloWng must also be submitted,
r Amended comprehensive signage plan meeting the requirements of Section 362- 336(d) of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted:
F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposal that requires a traffic impact analysis be submitted to VDOT, the blowing must also be submitted:
r Cover sheet.
r Traffic impact analysis.
r Concept plan.
F- Proffered conditions, if applicable.
F- Required fee.
"An electronic copy of this application and checklist can be found at www. roanokova .gov /planningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
11/25/2019
Hello,
My name is Buck Simmons, owner and operator of Valley Funeral Home, currently
located close by at 1609 Peters Creek Rd, Roanoke, VA 24017. 1 am writing you today to inform
you of my intentions of purchasing the former Fedstar Federal Credit Union building, located at
5005 Melrose Avenue, Roanoke, VA 24017, to operate my funeral home business out of. I will
not host actual funeral services at this location, but it will be a sales and processing location.
Therefore, my business practices will not generate substantial traffic as a funeral home location
typically would.
In order to relocate to the aforementioned address the City of Roanoke requires that I
get that area rezoned from "Commerical- Neighborhood" to "Commercial - General. The majority
of the parcels located on Melrose Avenue to the corner of Peters Creek Road are zoned for
"Commercial - General" use, including Enterprise (right next door) and Sunnybrook Auto & Tire
Inc. Rezoning this parcel will bring 5005 Melrose Avenue in alignment with the surrounding
businesses and will also prevent this building from becoming vacant longterm.
Fedstar Federal Credit Union will be vacating the premises on December 31, 2019,
regardless of the outcome of the rezoning process. I am also going to be planting eight five foot
tall magnolia trees as a separation screen along the right border of the property, between 5005
Melrose Avenue and residential neighbor at Official Tax Map No.6110149. The City of Roanoke
will be mailing letters out also to inform citizens of this rezoning request.
If you have any questions or concerns, please reach out to me. I look forward to
becoming your neighbor!
Sincerely,
Buck Simmons, Owner of Valley Funeral Home
(540) - 580 - 9508
Written Narrative - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Buck Simmons, owner and operator of Valley Funeral Service, a funeral home and
crematory, currently located at 1609 Peters Creek Rd NW, Roanoke, Virginia 24017, has been
looking for a suitable building to relocate their current business to for some time. When looking
for a suitable building, the owner (Buck Simmons), is seeking a building that not only would suit
him and his clientele functionally, but aesthetically as well. Mr. Simmons has made an
exhaustive search in his endeavor to find a building that would work in function and aesthetics.
No other befitting existing buildings or lots have been listed for sale between the City of Salem
boundary and the intersection of Peters Creek Road and Melrose Avenue, except for the former
Fedstar Federal Credit Union building, located at 5005 Melrose Avenue NW, Roanoke, Virginia
24017. This location is not only conveniently located in close proximity to the current location,
but it also has the aesthetic look and feel that Valley Funeral Service and their clientele desire.
Mr. Simmons is under contract to purchase 5005 Melrose Avenue, Roanoke, Virginia
24017 with the condition that Roanoke City will rezone tax number 6110147 to "Commercial
General" in order to conduct his funeral home business. Fedstar Federal Credit Union will officially
vacate December 31, 2019 and is already operating at a new location on Main Street in Salem.
The subject property was for sale for over a year, initially in April 2018. First listed at $750,000, then
$695,000, then $595,000. This property is under contract for $500,000 with Mr. Simmons; this
purchase price is well below the City's 2019 assessment of $688,500. Fedstar Federal Credit Union
is contributing $50,000 to upfit the property in order to get it sold; part of which is going towards
planting a separation screen of eight Magnolia grandiflora trees along the right border of the
property, between the subject parcel and residential neighbor.
Buck Simmons requests that the zoning be changed to "Commercial - General ", as the
majority of the parcels (13 out of 19) are currently zoned as such. Rezoning the property to
Commercial - General will actually bring this property into alignment with the majority of the
properties along Melrose Avenue, between Salem City and the intersection of Peters Creek
Road. As recommended in the 'Peter's Creek North Neighborhood Plan', Melrose and Peters
Creek intersections are "...areas of development opportunities for commercial development."
With few exceptions, the entire roadway is zoned Commercial - General; with the exception of the
subject property, two vacant lots that have been for sale for over a decade (6110145 and
6110146), and one residential property (6110144) that already borders a "Commercial General"
zoned business (6110167, Sunnybrook Auto & Tire Inc).
Valley Funeral Service performs 160 -200 burials or cremations yearly. The vast majority
are cremations. Valley Funeral Service envisions performing any rare actual funeral services at
local churches and not at the funeral home and crematory. Therefore not generating substantial
traffic at the subject property. The new location would be the sales, crematory and embalming
location. Mr. Simmons will be going door -to -door to notify surrounding neighbors about his
intentions for his new prospective business location. Attached is a letter Mr. Simmons will
distribute to the neighbors, informing them of his plans.
Concept Plan - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Buck Simmons, owner and operator of Valley Funeral Service, is proposing a change in
zoning for 5005 Melrose Avenue, Roanoke, Virginia 24017 with the condition that Roanoke City
will rezone tax number 6110147 to "Commercial General" in order to conduct his funeral home
business at that location. Damon Gettier is the preparer of this rezoning application and is the
listing agent for the subject property that is currently for sale. Fedstar Federal Credit Union, the
current owner of the building, initially put their property on the market in August 2018. The sale
of this currently vacant building is conditional on it being rezoned to suit Mr. Simmons' business
needs as a funeral home service provider. The previous use of the space was as a credit union,
including a covered drive -in area, formerly used as a teller drive - through, on the left side of the
building. If this parcel is rezoned, Valley Funeral Service is set to begin occupancy as soon as
possible in January 2020.
Tax parcel 6110147 is situated at the intersection of Melrose Avenue (US Route 460)
and Gilford Avenue. The property is 1.0380 acres or 45215 square feet. The property's depth is
254 feet and the property's frontage is 152 feet. The firm panel is 51161 C01 42G. The building is
fire resistant and 3776 square feet. There are two Western Virginia Water Authority sewer lines
that cross through tax parcel 6110147. One is on the back end of the property and has a 20'
Public Sanitary Sewer Easement. The other sewer line is on the front portion of the subject
property, paralleling Melrose Avenue; attached is a supporting map with those two utility lines
defined. Melrose Avenue and Gilford Avenue are the two streets adjacent to the subject
property. Gilford Avenue is the one -way entrance to the property, with a one -way exit out on
Melrose Avenue. This one way exit is adjacent to a railroad tie retaining wall on the north
western border of the parcel.
Mr. Simmons will not be conducting funerals at this location. He conducts funerals at
local churches elsewhere. He will be using it as a processing and sales location. There will not
be an increase to the traffic as a result of his business operations. He will not be altering the
building, parking, access or existing covered drive -in area. He will be replacing the existing
freestanding FedStar Federal Credit Union Sign with a similar "Valley Funeral Home" sign of the
same dimensions, maintaining the CN type signage that is currently present. The sign will be in
compliance with Sec. 36.2 -671 of the City of Roanoke Code of Ordinances. In addition to
updating signage, Mr. Simmons will plant eight standard -size Magnolia grandiflora trees, at least
five feet tall and meeting the requirements of Table 642 -1 in the City of Roanoke Zoning
Ordinance, planted on 20 foot centers, shall be established and maintained in a 20 foot buffer
strip located adjacent to the entire length of the residential neighbor at Official Tax Map
No.6110149. Fedstar Federal Credit Union has agreed to contribute $50,000 towards the
landscaping. Aside from updating the existing signage and planting Magnolia trees, there will
not be any foreseeable changes to the exterior of the property.
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
PROFFERS TO BE ADOPTED ON ROANOKE CITY
TAX PARCEL # 6110147
1. The property shall be used only for the following uses:
The following uses which are permitted of right or by special exception in both CN and
CG zoning districts:
Accommodations and Group Living
• Short-term rental
Commercial Uses: Office and Related Uses
• Business service establishment, not otherwise listed
• Financial institution
• Laboratory, dental, medical, or optical
• Medical clinic
Office, general or professional
Office, general or professional, large scale
Commercial Uses: Miscellaneous
• Animal hospital or veterinary clinic, no outdoor pens or runs
• Animal hospital or veterinary clinic, outdoor pens or runs. (By special
exception only)
• Community market
• Live -work unit
• Mixed -use building
• Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
• Bakery, confectionary, or similar food production, retail
• Body piercing establishment
Dry cleaning and laundry pick -up station
General service establishment, not otherwise listed
• Internet sales establishment
• Laundromat
• Motor vehicle rental establishment, without inventory on -site
• Personal service establishment, not otherwise listed in this table
Pet grooming
• Retail sales establishment, not otherwise listed
• Tattoo parlor
Assembly and Entertainment Uses
• Club, lodge, civic, or social organization
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
• Community center
• Eating establishment
• Eating and drinking establishment, not abutting a residential district
• Eating and drinking establishment, abutting a residential district. (By
special exception only)
• Entertainment establishment, abutting a residential district. ( By special
exception only)
• Health and fitness center
• Meeting hall, abutting a residential district. (By special exception only)
• Meeting hall, not abutting a residential district
• Microbrewery or microdistillery not abutting a residential district
• Microbrewery or microdistillery abutting a residential district. (By special
exception only)
• Park or playground
• Place of worship
• Theater, movie or performing arts
Public, Institutional, and Community Facilities
•
Artist studio
•
Community garden
•
Day care center, adult
•
Day care center, child
Educational facilities, business school or nonindustrial trade school
Educational facilities, elementary/middle /secondary
•
Educational facilities, school for the arts
•
Fire, police, or emergency services
•
Government offices or other government facility, not otherwise listed
Library
•
Museum
Post office
•
Supply pantry
Utility Uses
• Broadcasting studio or station
• Utility distribution or collection, basic
• Utility distribution or collection, transitional. (By special exception only)
• Wireless telecommunications facility, small cell on existing structure
• Wireless telecommunications facility, stealth
• Wireless telecommunications facility, not otherwise listed. (By special
exception only)
Agricultural Uses
• Agricultural operations. (By special exception only)
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Accessory Uses
Accessory uses, not otherwise listed in this Table
• Homestay
• Outdoor display area
• Outdoor recreation facility lighting or sports stadium lighting. (By special
exception only)
• Wind turbine, small. (By special exception only)
The following uses which are permitted of right or by special exception in CG zoning
districts:
And the following additional use:
• Funeral Home
2. Valley Funeral Service will plant eight standard -size magnolia grandiflora trees, at least
five feet tall and meeting the requirements of Table 642 -1 in the City of Roanoke Zoning
Ordinance, planted on 20 foot centers, shall be established and maintained in a 20 foot
buffer strip located adjacent to the entire length of the Official Tax Map No.6110149.
3. Any new signage on the property will conform to the requirements of the City of Roanoke
Zoning Ordinance, Table 668 -1, for the CN, Commercial- Neighborhood District.
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PROPERTY OF
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ZONING MAP EXCERPT
5005 Melrose Avenue NW
OFFICIAL TAX MAP NO. 6110147
Legend
Q propriy
MX(c) Mbasd Use
Communal
Zoning
MXPUD: Mlod Use Planned
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De partment of Planning, Building and Development NOV 2 5 2019
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. CITY OF ROANOKE
Roanoke, Virginia 24011 PLANNING BUILDING & DEVELOPMENT
Phone: (540) 853 -1730
Filing Date: �Cj 2 (✓> q
❑ Rezoning, Not Otherwise Listed
Click Here to Print i
Submittal Number: [_Or i Il he ( ApPlicbJi6m
❑x Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 5005 Melrose Avenue NW, Roanoke, VA 24017
Official Tax No(s).: 6110147
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Existing ❑x Without Conditions Ordinance
Zoning: CN, Commercial- Neighborhood ❑ With Conditions No(s). (If
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed
Zoning: CG, Commercial - General ❑x With Conditions Land Use:
❑ Planned Unit Development
R
Name. FedStar Federal Credit Union Phone Number: +1 (540) 589 -6538
Address: 5005 Melrose Avenue NW, Roanoke, VA 24017 E -mail: Kgivens @Fedstar.org
% i ✓CrlS
Name: Buck Simmons Phone Number: +1 (540) 580 -9508
AddressAlf
eters Creek Road, Roanoke, VA 24017 E -mail: ValleyFuneralService @hotm
Name: Damon Gettier Phone Number: +1 (540) 314 -1199
Address: 1615 E Main Street, Salem, VA 24153 E -mail: Damon @DamonGettier.com
Doc ID: 082828257aa7c96c779c8f7cOcOed45326546c82
Zoning Amendment
Apolicatibn C
g "t We W"Wlfor all a S:
r Completed application form and checklist.
R Written narrative explaining the reason for the request.
F Metes and bounds description, if applicable.
F Filing fee.
Fora rop,- Ong not;other U, Qsted, the foflorifing must also 0 Submitted:
:
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For a al.reo�ning,>�e �blbwirtg liustaiss:
rx Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
f 'development plan' if proffered.
For a p �$y devu�pnte meowing ;mt+st at;�
i— Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
Far a ¢oreprohe"" 0 digit Overlay d, ,'the fotlow%ng.tnust be subm�ted:
f Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
Foran me'ndment of profferod Conditions, the loll" mus# also be sulMUtted:
r Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
If applicable.
r— Written proffers to be amended. See the City's Guide to Proffered Conditions.
F Copy of previously adopted Ordinance.
Fara.planned unit,dee}opment.arnendment. the folbwing must also be suftted:
F mended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
Foil compreltensWe > overlay amendment, the, fogox+mg rrwgf.atso be sabmitW:
f Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
(-' Copy of previously adopted Ordinance.
Fora. prnposa(fhai requites a traffic impact study be sub[rtitted to the:City, the f0owitIq must also be submitted: '{
r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposai that requires a traffic impact aMlysiis be submitted to VDOT, the fo
#OVA ng must lso be sabrrtitted:
(— Cover sheet.
F- Traffic impact analysis.
F Concept plan.
r Proffered conditions, if applicable.
r— Required fee.
'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcOmmission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
Written Narrative - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
Buck Simmons, owner and operator of Valley Funeral Service, a funeral and crematory,
currently located at 1609 Peters Creek Rd NW, Roanoke, Virginia 24017, has been looking for a
suitable building to relocate their current business to for some time. When looking for a suitable
building, the owner (Buck Simmons), is seeking a building that not only would suit him and his
clientele functionally, but aesthetically as well. Mr. Simmons has made an exhaustive search in
his endeavor to find a building that would work in function and aesthetics. No other befitting
existing buildings or lots have been listed for sale between the City of Salem boundary and the
intersection of Peters Creek Road and Melrose Avenue except for the former Fedstar Federal
Credit Union building, located at 5005 Melrose Avenue NW, Roanoke, Virginia 24017.
This location is not only conveniently located in close proximity to the current location,
but it also has the aesthetic look and feel that Valley Funeral Service and their clientele desire.
The property is 1.0380 acres or 45215 square foot. The property's depth is 254 feet and the
property's frontage is 152 feet. The property's firm panel is 51161C0142G. The building is fire
resistant and 3776 square feet. There are two Western Virginia Water Authority sewer lines that
cross through tax parcel 6110147. One is on the back end of the property and has a 20' Public
Sanitary Sewer Easement. The other sewer line is on the front portion of the subject property,
paralleling Melrose Avenue.
Mr. Simmons is under contract to purchase 5005 Melrose Avenue, Roanoke, Virginia
24017 with the condition that Roanoke City will rezone tax number 6110147 to "Commercial
General" in order to conduct his funeral home business. Fedstar Federal Credit Union will officially
vacate December 31, 2019 and is already operating at a new location on Main Street in Salem.
The subject property was for sale for over a year. First listed at $750,000, then $695,000, then
$595,000. This property is under contract for $500,000 with Mr. Simmons; this purchase price is well
below the City's 2019 assessment of $688,500. Fedstar Federal Credit Union is contributing $50,000
to upfit the property in order to get it sold; part of which is going towards planting a separation screen
of eight Magnolia trees along the right border of the property, between the subject parcel and
residential neighbor.
Buck Simmons requests that the zoning be changed to "Commercial - General ", as the
majority of the parcels (13 out of 19) are currently zoned as such. Rezoning the property to
Commercial - General will actually bring this property into alignment with the majority of the
properties along Melrose Avenue, between Salem City and the intersection of Peters Creek
Road. As recommended in the 'Peter's Creek North Neighborhood Plan', Melrose and Peters
Creek intersections are ...areas of development opportunities for commercial development."
With few exceptions, the entire roadway is zoned Commercial - General; with the exception of the
subject property, two vacant lots that have been for sale for over a decade (6110145 and
6110146), and one residential property (6110144) that already borders a "Commercial General"
zoned business (6110167, Sunnybrook Auto & Tire Inc).
Valley Funeral Service performs 160 -200 burials or cremations yearly. The vast majority
are cremations. Valley Funeral Service envisions performing any rare actual funeral services at
local churches and not at the funeral home and crematory. Therefore not generating substantial
traffic at the subject property. The new location would be the sales, crematory and embalming
location. Mr. Simmons will be going door -to -door to notify surrounding neighbors about his
Written Narrative - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
intentions for his new prospective business location. Attached is a letter Mr. Simmons will
distribute to the neighbors, informing them of his plans.
11/25/2019
Hello,
My name is Buck Simmons, owner and operator of Valley Funeral Home, currently
located close by at 1609 Peters Creek Rd, Roanoke, VA 24017. 1 am writing you today to inform
you of my intentions of purchasing the former Fedstar Federal Credit Union building, located at
5005 Melrose Avenue, Roanoke, VA 24017, to operate my funeral home business out of. I will
not host actual funeral services at this location, but it will be a sales and processing location.
Therefore, my business practices will not generate substantial traffic as a funeral home location
typically would.
In order to relocate to the aforementioned address the City of Roanoke requires that I
get that area rezoned from "Commerical- Neighborhood" to "Commercial- General ". The majority
of the parcels located on Melrose Avenue to the corner of Peters Creek Road are zoned for
"Commercial - General" use, including Enterprise (right next door) and Sunnybrook Auto & Tire
Inc. Rezoning this parcel will bring 5005 Melrose Avenue in alignment with the surrounding
businesses and will also prevent this building from becoming vacant longterm.
Fedstar Federal Credit Union will be vacating the premises on December 31, 2019,
regardless of the outcome of the rezoning process. I am also going to be planting eight five foot
tall magnolia trees as a separation screen along the right border of the property, between 5005
Melrose Avenue and residential neighbor at Official Tax Map No.6110149. The City of Roanoke
will be mailing letters out also to inform citizens of this rezoning request.
If you have any questions or concerns, please reach out to me. I look forward to
becoming your neighbor!
Sincerely,
Buck Simmons, Owner of Valley Funeral Home
(540) - 580 - 9508
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
PROFFERS TO BE ADOPTED ON ROANOKE CITY
TAX PARCEL # 6110147
1. The property shall be used only for the following uses:
The following uses which are permitted of right or by special exception in both CN and
CG zoning districts:
Accommodations and Group Living
• Short-term rental
Commercial Uses: Office and Related Uses
• Business service establishment, not otherwise listed
• Financial institution
• Laboratory, dental, medical, or optical
• Medical clinic
• Office, general or professional
• Office, general or professional, large scale
Commercial Uses: Miscellaneous
• Animal hospital or veterinary clinic, no outdoor pens or runs
• Animal hospital or veterinary clinic, outdoor pens or runs. (By special exception
only)
• Community market
• Live -work unit
• Mixed -use building
• Studio /multimedia production facility
Commercial Uses: Retail Sales and Service
• Bakery, confectionary, or similar food production, retail
• Body piercing establishment
• Dry cleaning and laundry pick -up station
• General service establishment, not otherwise listed
• Internet sales establishment
• Laundromat
• Motor vehicle rental establishment, without inventory on -site
• Personal service establishment, not otherwise listed in this table
• Pet grooming
• Retail sales establishment, not otherwise listed
• Tattoo parlor
• Funeral home
Assembly and Entertainment Uses
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
• Club, lodge, civic, or social organization
• Community center
• Eating establishment
• Eating and drinking establishment, not abutting a residential district
• Eating and drinking establishment, abutting a residential district. (By special
exception only)
• Entertainment establishment, abutting a residential district. ( By special exception
only)
• Health and fitness center
• Meeting hall, abutting a residential district. (By special exception only)
• Meeting hall, not abutting a residential district
• Microbrewery or microdistillery not abutting a residential district
• Microbrewery or microdistillery abutting a residential district. (By special
exception only)
• Park or playground
• Place of worship
• Theater, movie or performing arts
Public, Institutional, and Community Facilities
• Artist studio
• Community garden
• Day care center, adult
• Day care center, child
• Educational facilities, business school or nonindustrial trade school
• Educational facilities, elementary/middle /secondary
• Educational facilities, school for the arts
• Fire, police, or emergency services
• Government offices or other government facility, not otherwise listed
• Library
• Museum
• Post office
• Supply pantry
Utility Uses
• Broadcasting studio or station
• Utility distribution or collection, basic
• Utility distribution or collection, transitional. (By special exception only)
• Wireless telecommunications facility, small cell on existing structure
• Wireless telecommunications facility, stealth
• Wireless telecommunications facility, not otherwise listed. (By special exception
only)
Agricultural Uses
Proffered Conditions - Rezoning 5005 Melrose Avenue, Roanoke, VA 24017
• Agricultural operations. (By special exception only)
Accessory Uses
• Accessory uses, not otherwise listed in this Table
• Homestay
• Outdoor display area
• Outdoor recreation facility lighting or sports stadium lighting. (By special
exception only)
• Wind turbine, small. (By special exception only)
2. Valley Funeral Service will plant eight standard -size magnolia grandiflora trees, at least
five feet tall and meeting the requirements of Table 642 -1 in the City of Roanoke Zoning
Ordinance, planted on 20 foot centers, shall be established and maintained in a 20 foot
buffer strip located adjacent to the entire length of the Official Tax Map No.6110149.
ZONING MAP EXCERPT
5005 Melrose Avenue NW
OFFICIAL TAX MAP NO. 6110147
Legend
Q Subject Property
i= 1 MX(c) Mixed Use
Conditional
Zoning
MXPUD: Mixed Use Planned
ZONING
(� Unit Dew
AD: Airport Dew
MXPUD(c): Mixed Use
Planned Unit Dev Conditional
AD(c): Airport Dew
Conditional
R -12: Res Single- Family
CG. Commercial - General
R- 12(c): Res Single -Famiry
Conditional
CG(c), Commercial- General
R -3: Res Single - Family
Conditional
CLS: Commercial -Large Site
R -3(c): Res Single- Family
Conditional
CLS(c): Commercial -Large
Site Conditional
R -5: Res Single - Family
CN: Commercial-
R -5(c): Res Single -Famiry
Conditional
Neighborhood
CN(c): Commercial-
R -7: Res Single-Family
11- JNeighborhood Conditional
R- 7(c)'. Res Single- Family
Conditional
D: Downtown
RA: Res- AgricuttuMl
D(c): Downtown Conditional
RA(c): Res - Agricultural
�� Conditional
1 -1: Light Industrial
1.1 (c): Light Industrial
RM -1: Res Mixed Density
Conditional
RM -1(c): Res Mixed Density
- 1 -2 Heavy Industrial
Conditional
1 -2(c). Heavy Industrial
RM -2' Res Mixed Density
Conditional
RM -2(c): Res Mixed Density
�� Conditional
® IN: Institutional
IN(c): Institutional Conditional RMF: Res Multifamily
Institutional Plannetl t RMF(c) -, Res Multifamily
�t: �
OINPUD:
Unit Dow
Conditional
.e INPUD(c) -. Institutional
ROS: Recreation and Open
Space
Planned Unit Dow Conditional
Industrial Planned Una
ROS(c): Recreahon anti
FS40penSpaCeC
®IPUD'
Dew
onditional
IPUD(c): Industrial Planned
= UF: Urban Flex
Unit Dew Conditional
UF(c): Urban Flex
MX. Mixed Use
op Conditional
Filodplain Overlay, F
IMAGERY.BIGFOO...
RGB
- Red: Band_1
- Green: Bend —2
- Blue. Band —3
N
F-T-r-17n
0 2040 80 Feet
1 inch = 100 feet
Good evening Mayor Lea, Vice Mayor Cobb and members of Roanoke City
Council.
My name is Charisse Brewer. Currently, my husband and I are living with my
father at 1210 Gun Club as we prepare to build our dream home on the vacant
lot on Guilford, across the street from the property now occupied by Fedstar
Federal Credit Union. I grew up in this community, and am moving back
because it's a great place to live. We recently sold our house on Thrush
Avenue in Roanoke.
I came tonight to say that we, my husband and I, are not opposed to business.
However, we have read the documentation that was submitted by the
petitioner and we are concerned that the lack of parking on the site will
generate traffic concerns for the residential neighborhood to the north.
Since there are just 20 parking spots on the site, some of those spaces would
be occupied with business vehicles, so when funerals occur, traffic would flow
into the neighborhood with cars parked along the street, thereby creating
safety concerns for residents and even visitors. There's no other place for cars
to park but in the neighborhood should you approve this request.
I know the petitioner says he will work to move funerals to churches or other
sites, but once the approval is given, there is no sure fire way that anyone can
control that.
I am hopeful that you will concur that my concerns are legitimate and we ask
that you deny this zoning request.
Thanks for your time and thanks for your commitment to public service.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2020.
No. 41656 - 012120.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with the
City of Roanoke Redevelopment and Housing Authority , for the lease of City -owned property
located at 2607 Salem Turnpike, N.W., Roanoke, Virginia, designated as Official Tax Map No.
2420206, commonly known as Former Melrose Library ( "Property "); and dispensing with the
second reading of this ordinance by title.
WHEREAS, a public hearing was held on January 21, 2020, pursuant to Sections 15.2 -
1800(B) 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 the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the Acting City Clerk are hereby authorized, to execute and
attest, respectively, in a form approved by the City Attorney, . a lease agreement with City of
Roanoke Redevelopment and Housing Authority, to lease a portion of City -owned property located
at 2607 Salem Turnpike, N.W., Roanoke, Virginia designated as Official Tax Map No. 2420206,
commonly known as Former Melrose Library, to be used by RRHA for offices, community, and
service provision space, for a term of 18 months, commencing February 1, 2020, at an annual
rental of $1.00 per year, upon certain terms and conditions, all as more particularly described in
the City Council Agenda Report dated January 21, 2020.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
eze-ate_, J
Acting City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Lease of Former Melrose Library Also known as Tax Map
Number 2420206 to the City of Roanoke Redevelopment and
Housing Authority
Background:
City of Roanoke Redevelopment and Housing Authority (RRHA) recently
submitted a proposal for lease of the former Melrose Library building located at
2607 Salem Turnpike, N.W. RRHA plans to utilize the property as the site of
the new HUD designated EnVision Center. The Center will be occupied by RRHA
as well as other local community agencies that seek to provide individuals and
families with services that assist toward self- sufficiency and self- determination.
The center will focus on four pillars: 1) Economic Empowerment, 2) Educational
Advancement, 3) Health and Wellness, and 4) Character and Leadership.
With RRHA operating this building, the partnership between the City and
various other agencies can continue toward implementation of the People
Chapter of the Choice Neighborhood Plan that was completed in 2014.
Recommended Action:
Absent comments at the public hearing needing further consideration,
authorize the City Manager to execute such Lease Agreement between the City
and RRHA for a term of Eighteen (18) months, substantially similar to the
document attached to this report, and to execute such other documents and to
take such further actions as may be necessary to lease the site with the form of
such Lease Agreement and any other documents to be approved as to form by
the City Attorney.
- - - --
X
- - - - - --
Robert ,
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robert Ledger, Director Economic Development
Cassandra L. Turner, Economic Development Specialist
DRAFT: January 13, 2020
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Lease Agreement ") dated this day of
2020, is entered into between the City of Roanoke Redevelopment and
Housing Authority, a political subdivision of the Commonwealth of Virginia ( "Lessee "), and the City
of Roanoke, Virginia, a municipal corporation organized under the laws of the Commonwealth of
Virginia, hereinafter referred to as ( "City ").
WHEREAS, the City is the owner of property located at 2607 Salem Turnpike, N.W.,
Roanoke, Virginia, bearing Official Tax Map No. 2420206 (also known as former Melrose Library),
containing a building and adjacent parking lot area ( "Leased Premises ");
WHEREAS, Lessee has proposed to lease the Leased Premises from the City in order to use
as office, community, and service provision space;
WHEREAS, the City is desirous of leasing the Leased Premises to Lessee under certain terms
and conditions; and
WHEREAS, Roanoke City Council authorized the City to enter into this Lease Agreement
pursuant to Ordinance No.
adopted by Roanoke City Council on
January, 21, 2020, after advertising and holding a public hearing.
1. Leased Premises: That in consideration of the rent provided for herein and the
covenants and agreements set forth below, the City does hereby lease to Lessee the Leased Premises
as more particularly depicted on a plan marked "Exhibit A" attached hereto and made a part of this
Lease Agreement.
2. Term: The term of this Lease Agreement shall be for 18 months, commencing on
February 1, 2020, and terminating on July 31, 2021.
3. Rent: Lessee, for and during any term of this Lease Agreement, shall pay rent to the
City for the use and occupancy of the Leased Premises at an annual lease rate of $1.00 per year,
payable in advance to the City of Roanoke Treasurer's Office, Room 254,215 Church Avenue, S.W.,
Roanoke, Virginia 24011.
4. Termination: Either party hereto may terminate this Lease Agreement for any reason
by giving written notice to the other party sixty (60) days in advance. The written notice shall
identify the date on which this Lease Agreement shall terminate in accordance with this Section 4.
Notwithstanding the foregoing, this Lease shall automatically terminate and be of no further force or
effect in the event that Lessee fails to use the Leased Premises for the purposes set forth in this Lease
Agreement for a period of 30 consecutive days. In such event, the City shall notify Lessee that this
Lease Agreement has terminated and Lessee shall have no further right or interest in the Leased
Premises.
5. Uses of Leased Premises: Lessee may use the Leased Premises for the purposes of
office use as described in the RRHA proposal dated October 29, 2019 and herein attached as Exhibit
B. Lessee may also investigate all aspects of the Leased Premises to make such marketing, financial,
surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental,
water drainage, and traffic studies and any other audits, investigations, inspection, evaluations,
studies, tests, borings, and measurements as Lessee deems necessary or advisable to determine
whether there exist any issues with that would prevent Lessee's future intended use of the Leased
Premises.
6. Improvements to Become Property of the City: Any and all improvements made to
the Leased Premises by the Lessee shall become the property of the City upon the expiration of this
Lease Agreement. However, no such improvements shall be made, including those to the parking
2
area and grounds, without the express prior, written approval of the City Manager, which approval
may be granted or denied in the sole discretion of the City Manager. All approved improvements
shall be made in compliance with applicable local, state, and federal laws, rules, and regulations. The
Lessee shall be responsible, at its sole cost and expense, for all costs and expenses for the approved
improvements, including all permit fees.
7. Maintenance and Other Obligations of Parties: The parties agree as follows:
(a) The Leased Premises shall be kept by Lessee in good repair and condition,
neat, clean, orderly, and sanitary by Lessee at all times.
(b) During the term of this Lease Agreement, Lessee shall be solely responsible
for all maintenance and upkeep of the Leased Premises, including, but not
limited to, interior and exterior cleaning; snow removal; interior painting and
repairs; trimming trees, brush and shrubs; weeding, mowing, trimming and
watering of the lawn and vegetation on the Leased Premises; and, repair of
appliances and heating, ventilation, air conditioning systems, plumbing, and
electrical systems. Lessee shall be responsible for obtaining and paying all
janitorial services, utilities and charges on the Leased Premises, including,
but not limited to, charges for electricity, water, sewage, storm water, gas,
cable, internet, and household and leasehold taxes, if applicable.
(c) Lessee shall reimburse City for the stormwater utility fees and solid waste
fees assessed against the Leased Premises by the City of Roanoke, Virginia,
and paid by City. All reimbursements shall be paid within thirty (30) days
after receipt of evidence from Landlord that such stormwater utility fees and
solid waste fees have been paid with respect to the Leased Premises.
(d) Lessee shall promptly pay for all advertising costs and any related fees or
costs connected with this Lease, including, but not limited to costs for any
advertisement of required public hearing(s). Such payments shall be made
directly to the entity providing the advertising or other service, or to the City,
as the City may direct.
(e) Lessee agrees that any such maintenance, repair or replacement of any portion
of the Leased Premises, shall be performed in a good and workmanlike
manner.
(f) City shall have no duty or obligation with respect to the Leased Premises
except as expressly provided for herein. This includes and is not limited to,
providing for security and risk of loss.
(g) Lessee acknowledges that it is leasing the Leased Premises AS IS, WHERE
IS, and that City makes no representations or warranties of any kind regarding
the suitability of the Leased Premises for Lessee's use.
8. Damage to Leased Premises: In the event the Leased Premises, or any part thereof,
are completely destroyed or are so badly damaged so as to practically amount to total destruction, or
if the City, regardless of the extent of the damage, and regardless of the cause, including, but not
limited to, fire, vandalism, robbery, theft, or any other casualty, or from wind, water, storm, rain or
snow or any other cause whatsoever, decides not to rebuild or repair the Leased Premises, or any part
of them, the City may immediately terminate this Lease Agreement, or exclude from the provisions
of this Lease Agreement, any one of the structures in the Leased Premises upon written notice to
Lessee, invitees, guests, or any other person. In such an event, the City shall not be liable to Lessee,
invitees, guests, or any other person or entity for any damages whatsoever for any damage,
compensation or claim arising from the loss of use of the Leased Premises. The City shall not be
liable for any goods, property or personal effects stored or placed in or around the Leased Premises,
and the City shall not in any way be held responsible therefor or liable for damage or injury thereto,
even if the City's conduct, or the conduct of one of its own employees, volunteers, or contractors is a
contributing cause for the damage.
9. Environmental Laws: The Lessee shall maintain and operate the Leased Premises
strictly in accordance with all applicable federal, state and local environmental protection laws,
regulations, rules and orders, including but not limited to those laws relating to the storage, disposal
and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same
meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of
2
solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into
groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental
Law "). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the
time required by applicable law, all environmental permits and licenses required by any
Environmental Law in connection with the maintenance and operation of the Lessee's business upon
the Leased Premises.
10. Intentionally Omitted.
11. Environmental Right-of-Ent : The Lessee shall grant and give to the City, its agents
and employees the right and license to enter the Leased Premises, without notice, at any reasonable
time to inspect the Leased Premises or to conduct a reasonable environmental investigation,
including but not limited to an environmental assessment or audit of the Leased Premises to satisfy
the City that the Leased Premises are free from environmental contaminations and hazard. The City
may employ engineers to conduct such investigations on the City's behalf, and the Lessee shall give
to such engineers the same rights and licenses as the City may have pursuant to this section. The
Lessee shall from time to time and upon the request of the City, give to the City or to whomever the
City may designate such assurances as may be necessary to show that the Lessee is in compliance
with any and all Environmental Laws. The City shall use its best efforts to minimize interference
with the Lessee's business but shall not be liable for any interference or harm caused by the City's
exercise of its rights under this section. If any environmental contamination be found, after
conduction any such environmental investigation as required herein, the cost of such investigation
and audit, in addition to all costs required to comply with any Environmental Law and to conduct
necessary cleanup, shall by borne by the Lessee, bear interest at the annual rate of eighteen percent
5
(18 %) and be payable as additional rent immediately upon written demand thereof.
12. Environmental Disclosures: The Lessee shall disclose to the City at the
Commencement Date of this Lease Agreement, and on January 1 of each calendar year thereafter (all
such dates being hereinafter called "Disclosure Dates "), including January 1 of the year after the
termination of this Lease Agreement, the names and amounts of all Hazardous Substances, which
were stored, used or disposed of at the Leased Premises, or which the Lessee intends to store, use or
dispose of at the Leased Premises, for the year prior to and after each Disclosure Date. The City, in
its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or
both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leak -proof
containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and
(iii) the Lessee shall use such matter in accordance with all Environmental Laws.
13. Indemnification: The Lessee shall be solely responsible for any and all liability,
losses, damages, costs and expenses resulting from: (a) any acts or omissions, negligent or otherwise,
of (i) the Lessee; (ii) the Lessee 's employees or agents; or (iii) any subcontractors hired by the
Lessee; and (b)as the result of any violation by the Lessee of any Environmental Law, or as the result
of any necessary repair, cleanup, closure or detoxification of the Leased Premises or upon land in the
vicinity of the Leased Premises if due to conditions existing upon the Leased Premises or as a result
of a misrepresentation made by the City based upon information supplied by the Lessee to the City;
and the City shall have no responsibility or liability for any such acts or omissions or for the
consequences of any such acts or omissions. The Lessee agrees to carry, at its own expense,
commercial general liability insurance covering its activities in an amount customary and sufficient
for similar operations, but in no event less than $1,000,000.00 combined single limit. The Lessee
V
shall have City named as an additional insured on all such policies of insurance and shall provide
evidence of such insurance to the City in a form reasonably acceptable to the City. The provisions in
this section shall survive the termination or expiration of this Lease Agreement.
14. Insurance:
a. Requirement of insurance. The Lessee shall, at its sole expense, obtain and
maintain during the life of this Lease Agreement the insurance policies
required by this section. Any required insurance policies shall be effective
prior to the beginning of any term in which this Lease Agreement is in effect.
In all situations, the Lessee's coverage is primary and non - contributory
with any insurance or self - insurance carried by the City, its agents,
employees or assigns.
(1) Commercial General Liability. Commercial general liability insurance
shall insure against all claims, loss, cost, damage, expense or liability
from loss of life or damage or injury to persons or property arising out
of the Lessee's performance under this Lease Agreement. The
minimum limits of liability for this coverage shall be $1,000,000.00
combined single limit for any one occurrence.
(2) Contractual Liability. Broad form contractual liability insurance shall
include the indemnification obligation set forth in section 13 of this
Lease Agreement.
(3) Tenant's insurance. The Lessee shall, at its sole cost and expense,
obtain and maintain during the life of this Lease Agreement a
property insurance policy written on an "all risk" basis insuring all of
the Lessee's personal property, including, but not limited to,
equipment, furniture, fixtures, furnishings, and leasehold
improvements which are the Lessee's responsibility, for not less than
full replacement cost of such property. All proceeds of such insurance
shall be used to repair or replace the Lessee's property.
b. Umbrella Coverage. The insurance coverages and amounts set forth in
subsections (1) and (2) of this section may be met by an umbrella liability
policy following the form of the underlying primary coverage in a minimum
amount of $1,000,000.00. 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 subsections (1) and (2),
and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by the Lessee to this City.
7
C. Evidence of Insurance. All insurance shall meet the following requirements:
(1) Prior to execution of this Lease Agreement, the Lessee shall furnish
the City a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies. Such
certificates shall be attached to this Lease Agreement at the time of
execution of this Lease Agreement and shall be furnished in a timely
fashion to demonstrate continuous and uninterrupted coverage of all
of the required forms of insurance for the entire term of this Lease
Agreement.
(2) It shall be the responsibility of the Lessee to notify the City of any
changes in insurance coverage affecting this lease within 30 days of
such changes.
(3) The required certificate or certificates of insurance shall name the
City of Roanoke, its officers, employees, agents, volunteers and
representatives as additional insureds.
(4) Insurance coverage shall be in a form and with an insurance company
approved by the City which approval shall not be unreasonably
withheld. Any insurance company providing coverage under this
Lease Agreement shall be authorized to do business in the
Commonwealth of Virginia.
d. Ranges and Limits. At the end of each lease year, the City shall have the
right to require increases in the amounts of insurance specified above. Any
adjustments shall bear a reasonable relation to any change in the cost of living
or cost of repair or replacement, as measured by changes in the consumer
Price Index of the United States Bureau of Labor Statistics applicable to the
Commonwealth of Virginia or comparable measure if the Consumer Price
Index is no longer being issued.
15. Nonassignability of Lease: The Lessee agrees not to assign this Lease Agreement, or
sublet the Leased Premises, or any portion thereof, or transfer possession or occupancy thereof, to
any person or entity without the prior written consent of the City Manager, such consent to be
granted or denied in the sole discretion of the City Manager.
16. Compliance With Law By The Lessee: In the use and maintenance of the Leased
Premises, the Lessee shall fully comply with all local, state, and federal ordinances, laws, and
regulations, and shall be responsible for ensuring that all activities, uses, and structures placed or
located on the Leased Premises comply with Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended.
17. Equal Employment Opportunity: During the performance of this Lease Agreement,
the Lessee agrees as follows:
shall:
(a) The Lessee 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 Leased Premises. The
Lessee agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(b) The Lessee, in all solicitations or advertisements for employees placed by or
on behalf of the Lessee, will state that the Lessee is an equal opportunity
employer.
(c) Notices, advertisements and solicitations placed in accordance with federal
laws, rules or regulations shall be deemed sufficient for the purpose of
meeting the requirements of this section.
(d) The Lessee will include the provisions of the foregoing subsections in every
contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon the Lessee or its
vendor.
18. Drug -Free Workplace: During the time this Lease Agreement is in force, the Lessee
(a) Provide a drug -free workplace for the Lessee's employees;
(b) 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 Lessee's workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
6
(c) State in all solicitations or advertisements for employees placed by or on
behalf of the Lessee that the Lessee maintains a drug -free workplace; and
(d) Include the provisions of the foregoing clauses in every subcontract or
purchase order of over ten thousand dollars and no cents ($10,000.00) so that
the provisions will be binding upon each subcontractor or vendor.
For the purpose of this section, "drug -free workplace" means a site for the performance of work done
in connection with this Lease Agreement.
19. Faith -Based Organizations: Pursuant to X2.2- 4343.1 of the Code of Virginia (1950),
as amended, the City does not discriminate against faith -based organizations.
20. Governing Law: This Lease Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
21. No Third Party Beneficiary The provisions of this Lease Agreement are for the
exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Lease
Agreement be deemed to have conferred any rights, express or implied, upon any third person unless
otherwise expressly provided for herein.
22. Forum Selection And Choice Of Law: By virtue of entering into this Lease
Agreement, the Lessee submits itself to a court of competent jurisdiction in the City of Roanoke,
Virginia, and further agrees that this Lease Agreement is controlled by the laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by
such court according to the laws of the Commonwealth of Virginia.
23. Authority Of Representatives: The persons who have executed this Lease Agreement
represent and warrant that they are duly authorized to execute this Lease Agreement in their
respective capacities as indicated.
10
24. Employment Of Unauthorized Aliens: The Lessee shall not during the time this
Lease Agreement is in force knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
25. Notice: Any notice, request, or demand given or required to be given under this Lease
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed
duly given only if delivered personally or sent by certified mail, return receipt requested to the
addresses stated below.
To City: City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
To Lessee: Frederick Gusler
Director of Redevelopment and Revitalization
City of Roanoke Redevelopment & Housing Authority
2624 Salem Turnpike NW
Roanoke, VA 24017
540- 983 -9260
fgusler@rkehousing.org
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof.
SIGNATURES APPEAR ON FOLLOWING PAGES
11
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the
day and year first hereinabove written.
ATTEST:
Cecelia F. McCoy, Acting City Clerk
COMMONWEALTH OF VIRGINIA § To wit
CITY OF ROANOKE
CITY OF ROANOKE, VIRGINIA
:
Robert S. Cowell, Jr., City Manager
The foregoing instrument was acknowledged before me this day of , 2020, by
Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia
municipal corporation, on behalf of the City of Roanoke, Virginia.
My Commission Expires:
Registration No.
ATTEST:
Secretary
Printed Name
COMMONWEALTH OF VIRGINIA § To wit
CITY OF ROANOKE
Notary Public
SEAL
CITY OF ROANOKE REDEVELOPMENT
AND HOUSING AUTHORITY
in
President
The foregoing instrument was acknowledged before me this day of , 2020, by
, the duly authorized of City of Roanoke
Redevelopment and Housing Authority, apolitical subdivision of the Commonwealth of Virginia, on
behalf of City of Roanoke Redevelopment and Housing Authority.
My Commission Expires:
Notary Public
Registration No.
SEAL
12
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
Authorized by Ordinance No.
13
EXHIBIT A
PLAN OF LEASED PREMISES
November 19,2019 1:2.133
0 0.0175 0.035 0.07 mi
0 0.0275 0.055 0.11 km
C14 of Roam oke , Eagk Memo
CMJ Of Roam oke
14
EXHIBIT B
RRHA Proposal
15
CITY
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Department of Economic Development
Rob Ledger, Acting Director
1I7 Church Avenue, SVV
Roanoke, VA 24011
Dear Mr. Ledger,
October Z9,2O1g
Please see the enclosed revised proposal for the former Melrose Branch Library from the Roanoke
Redevelopment and Housing Authority.
if you have any questions on this matter or need additional information, please contact me at (540) 983-
9260 or fgusler@rkehousing.org.
Sincerely,
Frederick Gusler, Director of Redevelopment and Revitalization
Revised Proposal for the Acquisition of
2607 Salem Turnpike, NW.
City of Roanoke Redevelopment and
Housing Authority
October 29, 2019
Introduction
The City of Roanoke Redevelopment and Housing Authority (RRHA) is herein modifying its original
proposal to acquire the property at 2609 Salem Turnpike, NW, Official Tax Map Number 2420206 ( "the
property "). RRHA proposes to use the property as the site of the new HUD designated EnVision Center,
with office, community, and service provision space. The space would be occupied by RRHA as well as
other local community agencies that seek to provide individuals and families with services that assist
them toward self - sufficiency and self - determination.
RRHA was recently notified by HUD that on November 13, 2019, Roanoke will be designated as an
EnVision Center site ( https : //hud.gov /envisioncenters). The City's support was a prerequisite in order to
qualify for this designation, and RRHA included a letter of commitment from Mayor Lea that satisfied the
application requirements. Approving the use of the property for this purpose would demonstrate to HUD
and others that the City strongly supports this initiative.
The Center focuses on the following four pillars: 1) Economic Empowerment, 2) Educational
Advancement, 3) Health and Wellness, and 4) Character and Leadership. Services that Center visitors
will receive include job search assistance, soft skill training, job retention instruction, financial
empowerment counseling, health and wellness coaching /services, and referrals for job skill training, on
the job training, and work experience. Youth services that promote character and leadership will also be
encouraged both onsite and in partnership with Goodwill and the Melrose library youth initiative.
With RRHA operating this building and controlling the site, the partnership between the City, RRHA and
various other agencies can continue toward implementation of the People chapter of the Choice
Neighborhood Plan that was completed in 2014. As the City nears the end of the Melrose- Orange Target
Area process, the dedication of the property as an Envision Center, along with the forthcoming
streetscape project for Melrose Avenue and the new Melrose Library, would add another lasting impact to
the western end of the project.
1
Renovation/Reuse Plan
RRHA proposes a two phase process for the reuse of the property. The first phase will be the relocation
of some of RRHA's staff from the central office building at 2624 Salem Turnpike. Partner agencies will
also be encouraged to establish space in the building during this phase. This will require only minimal
changes to the building. RRHA is prepared to move into the building as soon as possible as noted below.
The second phase is the build out and alteration of the building and grounds for community space and
agency office space.
Phase 1
RRHA plans to move two Family Self- Sufficiency Coordinators and the Section 3 Administrative
Coordinator into the Center as both of their programs conform to the purpose and mission of the EnVision
Center and will complement the work of partnering agencies. In order to get the Center established by
HUD's anticipated January 6, 2020 launch, RRHA will begin establishing short-term leases with partner
agencies during this phase. RRHA anticipates that such leases will be temporary but will lay the
groundwork to facilitate long -term leases that will meet the needs and desires of both the partnering
agencies and the Center as a whole. In essence, this phase will be a soft opening of sorts as RRHA and
partners will have several months to operate the Center and determine how the space of the building
should be renovated and best arranged for long -term use.
Phase 2
RRHA approached several agencies prior to submitting an application for the EnVision Center. Partners
that expressed interest and support during this process include:
• Apple Ridge Farm (ARF)- ARF has partnered with RRHA for many years and provides
educational, cultural and outdoor activities for low to moderate income children. ARF will
address the Character and Leadership pillar of the Center.
• City of Roanoke Department of Social Services (DSS) — DSS is responsible for administration of
all federal and state human services programs in the City, and has a history of partnering with
RRHA to better serve its clients. DSS will address the Economic Empowerment pillar of the
EnVision Center.
• Family Services of Roanoke Valley (FSRV) — FSRV is an agency that focuses on mental health
counseling, case management and life skills education for families and individuals, and works
with people of all ages. It has a long history of providing the Teen Outreach Program and Positive
Action programs for the children and teens of RRHA. FSRV will address the Character and
Leadership pillar of the EnVision Center.
• Freedom First Credit Union (FFCU) - FFCU is a community development financial institution
that serves many low to moderate income citizens that traditional banks do not. FFCU has
partnered with RRHA in the past providing financial literacy and homeownership classes. It is
anticipated that the services of this venture can be provided at the EnVision Center, at least in
part, and will address the Economic Empowerment pillar.
• Healthy Roanoke Valley (HRV) — HRV is an initiative of the United Way of the Roanoke Valley
and was created to lead Carillon Clinic's health needs assessment in 2012. HRV's mission is to
,'mobilize community resources to improve access to care, coordination of services and promote a
2
culture of wellness." HRV's membership includes representatives from health and human service
agencies, local governments, academic institutions, private businesses, and community leaders.
• Goodwill Industries of the Valleys — Goodwill has been a partner with RRHA on several projects
over the years, most recently in RRHA's Jobs Plus grant. Goodwill's expertise in job training
and career planning will enhance the Economic Empowerment pillar of the Envision Center.
• Virginia Career Works Blue Ridge (VCWBR) — VCWBR uses Department of Labor dollars to
serve the region by connecting employers with prospective employees. Through the Workforce
Innovation and Opportunity Act they provide qualifying individuals with opportunities for job
skill training, on the job training, and workplace experience. They work with individuals 16 and
older. VCWBR will address the Educational Advancement pillar of the EnVision Center.
Though not part of the initial application, two other agencies have already expressed marked interest in
participating in the EnVision Center. They are:
• The Virginia Cooperative Extension (VCE) — VCE is the Virginia Tech and Virginia State
University extension agency under the land grant university system established in the 1860s to
foster growth of underdeveloped areas. VCE offers services in the area and has partnered with
RRHA over the last few years by offering healthy cooking classes and demonstrations for
children, youth, and adults. Their participation would address the Health and Wellness pillar of
the EnVision Center.
• Local Environmental Agricultural Project (LEAP) — LEAP is a non -profit organization that has a
mission to promote local agricultural production and healthy eating. LEAP works on fulfilling its
mission by operating two weekly markets and a seasonal mobile market. The mobile market has
several stops near public housing and other low- income developments that are food desserts. For
several years LEAP has had a scheduled time at Melrose Towers, a public housing development
several blocks away from the property, and in years past had a stop at Lansdowne Park. LEAP is
interested in a long -term lease for its staff of 7 and some of their equipment. Their participation
would address the Health and Wellness pillar of the EnVision Center.
In addition to the partners listed above, The City of Roanoke has received funding to implement the
Financial Empowerment Center which will provide financial counseling to city residents. RRHA is a
partner in this initiative and anticipates that the FEC will be onsite in the EnVision Center to meet the
financial counseling needs of Center visitors. The frequency of onsite staff has yet to be determined.
A certain amount of space in the current building will be dedicated to a community room that would be
flexible and could accommodate various agencies and the public upon request. The size and details of
this space will be worked out once agreements with partner agencies are established. The experience
gained in Phase 1 will inform this process as each agency will work with RRHA to create a scope of work
for its space. Long -range plans at this point may entail building additions on to the building to fit certain
needs.
RRHA proposes to use HUD Capital Funds to renovate the property. RRHA's financial statements are
available online (http: / /rkehousing.org /about /financial- reports).
RRHA Qualifications
Chartered in 1949, RRHA is an independent, political subdivision of the Commonwealth of Virginia with
three primary responsibilities to the citizens of Roanoke:
1) To provide housing and homeownership opportunities and to accomplish neighbourhood
revitalization.
2) To take a leadership role in providing programs and resources for residents that promote and
encourage self - sufficiency, self - esteem and self - determination.
3) To maintain a leadership role in fostering economic development and job opportunities through
redevelopment.
RRHA is a public housing authority funded by HUD with federal obligations to manage public housing,
Housing Choice Vouchers (Section 8), and other HUD grant funded programs. RRHA currently owns and
manages 1,275 units of public housing and administers approximately 2,067 Section 8 vouchers that are
used by tenants in private properties. RRHA also owns and operates 24 units of housing that are
supported with Section 8 vouchers. In addition, RRHA manages 207 units of rental housing that are part
of the Low Income Housing Tax Credits program.
RRHA has been the developer of its tax credit projects and also was the developer on a historic tax credit
project, Eight Jefferson Place, which spurred the downtown housing market. RRHA has in recent years
developed a number of scattered site public housing units. At present RRHA has issued contracts to
modify nine public housing units with accessibility features and develop eight new public housing units.
Thus, RRHA staff has extensive experience in development, including cost estimating, the development
of the specifications, procurement of services, construction and contract management for projects from
start to finish.
RRHA has several homeownership programs and is helping many individuals and families of low- to
moderate - income realize the dream of homeownership. RRHA also partners with other housing agencies
and many community organizations that provide programs and assistance. We are a member of the
Roanoke Neighbourhood Revitalization Partnership and RRHA staff chairs those meetings.
Although HUD does not require public housing authorities to operate FSS programs, RRHA has
administered FSS grants since the early years of HUD's introduction of the programs in 1990. FSS
programs provide public housing residents with a combination of resources to address planning for their
future. RRHA's goal is to help residents become self - sufficient and reduce their dependency on public
assistance. RRHA was one of only nine public housing authorities in the United States to be awarded a
Jobs Plus grant by HUD which is in place at Lansdowne Park and allows residents to obtain employment
without affecting their rental rate.
RRHA plays a key role in enhancing the community through both residential and commercial
redevelopment activities. RRHA owns important parcels of land in the downtown Roanoke area and
works with Roanoke City, area businesses and homeowners to facilitate business and residential
redevelopment opportunities. The South Jefferson Redevelopment Area is the most recent redevelopment
4
project by the City and RRHA. RRHA played a vital role in drafting the redevelopment plan and
acquiring properties that have since transformed the area into a new medical school (Virginia Tech
Carilion) and mixed use community.
RRHA has funds from HUD and non - federal funds that may be applied to this project.
5
Property Conveyance
RRHA proposes that the property be conveyed by the City to RRHA at no cost. RRHA will be
responsible for all closing costs and any title related corrections. This conveyance will be subject to the
conditions of a due diligence period (see schedule below) and contract that allows RRHA to investigate
the property prior to entering into a contract to receive the property.
Transfer of the property would be contingent upon a contract with the following conditions:
1) Environmental Conditions
a. RRHA will be responsible for contracting a Phase 1 Environmental Site Assessment
(ESA) of the property, and potentially lead and asbestos surveys as well.
b. If the results of the Phase 1 ESA determine that the site or building may have recognized
environmental conditions (RECs), RRHA may opt to
i. Contract a Phase 2 ESA to determine what, if any, remediation may be needed.
ii. Opt out of the contract to acquire the property.
2) HUD Site Acquisition Proposal
Per HUD regulations, RRHA must submit a site acquisition proposal to the HUD Richmond Field
Office to get approval to acquire property with HUD Funds. RRHA is confident of such approval, but
anticipates that this process could take up to one year. Contingency of the transaction would need to
include such approval by HUD.
3) Title Defects, Deed Restrictions, etc.
Any issues that may exist related to the title and ownership of the property that may be
determined by RRHA to be too problematic to transfer this property, would allow RRHA to opt
out of the contract.
4) Public Hearings related to Zoning and Land Use
Prior to Phase 1 of this project, if the City of Roanoke staff determines that the reuse of the building and
site that RRHA proposes would require public hearings before the Planning Commission, Board of
Zoning Appeals and /or City Council, RRHA will have the option to make the transfer of the property
contingent upon the outcome of such hearings. Such issues include, but are not limited to; rezoning the
parcel and amending the site plan under the Institutional Planned Unit Development zoning designation.
To protect the property during the due diligence period RRHA proposes to occupy the building
immediately and will lease the space from the City until such time that all due diligence items have been
addressed. Terms of such lease would need to allow both parties the flexibility to terminate the lease
without penalty.
P0
Proposed Schedule
The proposed schedule assumes that no zoning or land use issues will require public hearings. RRHA has
deliberately proposed a conservative and methodical schedule, thus erring on the side of longer durations
for each activity. The fluidity of various HUD staff, policies and programming are such that we feel it is
paramount to plan for some delays in HUD reviews, while at the same time allowing for such
opportunities that may arise such as the Envision Center application.
As previously noted, RRHA is willing to occupy the building as soon as possible via a flexible lease in
order to protect the property.
Action or Milestone
Timeline*
Due Diligence
Months 1 - 12
a. Sign a lease with the City and occupy the building
b. Phase 1 Environmental Site Assessment
c. Lead and Asbestos Surveys
d. Building and site analysis
e. HUD Site Acquisition Proposal
Phase 1: RRHA & partner offices established
Months 1 -12
Phase 2
a. Partner agencies agree to MOU or lease
Months 13 -16
b. Design services procured and plans submitted for building /site
renovation
Months 16 -24
c. Contractors procured and improvements made to building and site
Months 24 -36
*Months are measured in time from the onset of the project, e.g. an event that happens in "Month 5" = the fifth month of the
project, it does not mean it will take 5 months
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
SHERMAN M STOVALL, ASSISTANT CITY MGR
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
Account Number
6017304
Date
January 13, 2020
Date
Category
Description
Ad Size
Total Cost
01/22/2020
Legal Notices
NOTICE OF PUBLIC HEARING The City of Roanoke (City) pr
1 x 57 L
329.92
NOTICE OF PUBLIC HEARING
The City of Roanoke (°City ")
proposes to lease a portion of City -
owned property located at 2607 Salem
Turnpike, N.W., Roanoke, Virginia,
designated as Official Tax Map No-
2420206, commonly known as Former
Melrose Library ("Property "). to City of
Roanoke Redevelopment and Housing
Authority, to be used as office,
community, and service provision
space for a term of 18 months
commencing February 1, 2020 and
terminating July 31, 2021.
Pursuant to the requirements of
Sections 15.2 - 1800(8) and 15.2 -1813.
Code of Virginia (1950). as amended,
notice is hereby given that the City
Council of the City of Roanoke will hold
a public hearing on the above matter at
its regular meeting to be held on
Tuesday. January 21, 2020,
commencing at 7:00 p.m., or as soon as
the matter may be heard, in the Council
Chamber, 4th Floor, Room 450, Noel C.
Taylor Municipal Building, 215 Church
Avenue, S-W., Roanoke, Virginia 24011.
Copies of the proposed Lease
Agreement and the proposed
ordinance will be available in the City
Clerk's Office, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia 24011, on and
after Monday, January 13, 2020.
All parties and interested entities
may appear on the above date and
time to be heard on this matter.
If you are a person with a disability
who needs a.CO modations for this
hearing, please contact the City Clerk's
Office at (540) 853 -2541, before 12:00
noon on Thursday, January 16, 2020.
GIVEN under my hand this 13th day
of January 2020.
Cecelia F. McCoy, Acting City Clerk
(1048628)
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:
01/13/2020
The First insertion being given ... 01/13/2020
Newspaper reference: 0001048628
Billing Representative
Sworn to and subscribed before me this Monday, January 13, 2020
otary Public
Kimbogy a. Hands
State of Virginia NOTARYPUBUC
City /County of Roanoke N Comrnonwaatth of Virginia
My Commission expires
Comm ssio®nE pies anuary 35, 2021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
tku
NOTICE OF PUBLIC HEARING
The City of Roanoke ( "City ") proposes to lease a portion of City -owned property located
at 2607 Salem Turnpike, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2420206,
commonly known as Former Melrose Library ( "Property "), to City of Roanoke Redevelopment
and Housing Authority, to be used as office, community, and service provision space for a term of
18 months commencing February 1, 2020 and terminating July 31, 2021.
Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia
(1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold
a public hearing on the above matter at its regular meeting to be held on Tuesday, January 21,
2020, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber,
4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be
available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, January 13, 2020.
All parties and interested entities may appear on the above date and time to be heard on
this matter.
If you are a person with a disability who needs acoomodations for this hearing, please
contact the City Clerk's Office at (540)853 -2541, before 12:00 noon on Thursday, January 16,
2020.
GIVEN under my hand this 13th day of January 2020.
Cecelia F. McCoy, Acting City Clerk
Note to Publisher:
Please publish once in the Roanoke Times legal notice on Monday, January 13, 2020.
Please send affidavit of publication to:
Cecelia F. McCoy, Acting City Clerk
4th Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Phone: (540)853 -2541
Send Invoice to:
Sherman Stovall, Assistant City Manager for Operations
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540)853 -2333
CECELIA F. MCCOY, CiNIC
Acting City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a—roanokeva.gov
January 22, 2020
Kay Dunkley, Executive Director
Roanoke Higher Education Authority
108 North Jefferson Street, N. W.
Roanoke, Virginia 24016
Dear Ms. Dunkley:
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 41657- 012120 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 the Roanoke Higher Education Authority (the "Buyer "), to sell
to the Buyer an approximately 0.2684 acre parcel of City -owned property, such property
being a portion of City -owned property located at 23 Centre Avenue, N.W., Roanoke,
Virginia, designated as Official Tax Map No. 2013016, 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.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 2020, and is in full force and effect upon its
passage.
Si�nycerely, 4
Cecelia F. McCoy, CMC
Acting City Clerk
C: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Brian Townsend, Assistant City Manager for Community Development
Rob Ledger, Director, Economic Development
Jaime Brooks, General Manager, Park Roanoke
Kay Dunkley
January 22, 2020
Page 2
Mike Sutton, Blue Eagle Partnership, LLC, 1502 Williamson Road, N. E.,
Roanoke, Virginia 24012
The Honorable John S. Edwards, Member Senate of Virginia, P. O. Box 1179,
Roanoke, Virginia 24006
The Reverend Barron Wilson, Pastor, First Baptist Church, 310 Jefferson Street,
N. W., Roanoke, Virginia 24016
Martin Jeffrey, Southwest Virginia Civil Rights Action Center, Inc., P. O. Box 312,
Roanoke, Virginia 24003
Evelyn Bethel, President, Historic Gainsboro Preservation District, Inc., 35 Patton
Avenue, N. E., Roanoke, Virginia 24016
Constance Crutchfield, Gainsborough Southwest Community Organization, Inc.,
131 Gilmer Avenue, N. W., Roanoke, Virginia 24016
Cecile Newcomb, 9 Gilmer Avenue, N. E., Roanoke, Virginia 24016
Jordan Bell, 5208 Lancelot Lane, N. W., Roanoke, Virginia 24019
Evelyn Slone, Hill Studio, 120 Campbell Avenue, S. W., Roanoke, Virginia 24011
Shmura Glenn, 1816 Staunton Avenue, N. W., Roanoke, Virginia 24016
The Reverend Kevin McNeil, 1407 22nd Street, N. W., Roanoke, Virginia 24017
Justin Patton, 326 Rutherford Avenue, N. W., Roanoke, Virginia 24016
Hu Tehuti, 1916 Mercer Avenue, N. W., Roanoke, Virginia 24017
William Amos, 5061 Foxridge Avenue, Roanoke, Virginia 24018
Reverend David Denham, 3512 Wright Road, S. W., Roanoke, Virginia 24015
Brenda Hale, P. O. Box 12362, Roanoke, Virginia 24025
Thomas Schwendeman, 1098 St. Clair Lane, Vinton, Virginia 24179
Terry Huxhold, 1125 16th Street, S. E., Roanoke, Virginia 24013
James Jordan, P. O. Box 6405, Roanoke, Virginia 24017
'A L",
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2020.
No. 41657 - 012120.
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 the
Roanoke Higher Education Authority (the "Buyer "), to sell to the Buyer an approximately 0.2684
acre parcel of City -owned property, such property being a portion of City -owned property located
at 23 Centre Avenue, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013016,
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 September 16, 2019, pursuant to Section 15.2-
1800.13 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;
WHEREAS, City Council closed the public hearing and, after deliberation, postponed
further consideration of this matter until December 16, 2019, at 7:00 p.m., or as soon thereafter as
the matter may be reached; and
WHEREAS, during its consideration of this matter at its evening session on December 16,
2019, and at the request of Buyer, City Council postponed further action on this matter until
January 21, 2020, at 7:00 p.m., or as soon thereafter as the matter may be reached;
WHEREAS, on January 21, 2020, Buyer proposed to amend the originally proposed
contract to (i) reduce the area of the property to be sold to the Buyer from approximately 0.370
acres to 0.2684 acres, more or less, and substitute a new Exhibit A to reflect the reduced area of
the property to be sold to the Buyer, (ii) clarify that Buyer is responsible for relocating up to eight
(8) handicapped parking spaces, (iii) revise the Buyer's Proposal for the Project and substitute a
new Exhibit B to the Contract; (iv) extend the last date on which the transaction may close from
July 31, 2020 to November 30, 2020; all as more particularly described in the attached City
Council Agenda Report dated January 21, 2020.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to execute a Contract,
substantially similar to the Contract attached to the City Council Agenda Report to this Council
dated January 21, 2020, to sell to the Buyer an approximately 0.2684 acre parcel of City -owned
property ( "Property "), being a portion of City —owned property located at 23 Centre Avenue, N.W.,
designated as Official Tax Map No. 2013016 ( "City Parcel ") for the purchase price of $10.00,
upon certain terms and conditions, as more particularly set forth in the above - mentioned Agenda
Report.
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 City Council 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.
ATTEST:
Acting City Clerk:
V,
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: January 21, 2020
Subject: Sale of a Portion of City -Owned Property Located at 23 Centre
Avenue, N.W.
Background:
The Roanoke Higher Education Authority (Buyer) had requested that the City of
Roanoke convey an approximately 0.370 portion of a property (Property)
located at 23 Centre Avenue, N.W., (Official Tax Map No. 201 3016) to the Buyer
for the development of a landscaped pedestrian plaza /courtyard and related
improvements on the Property for use by the Buyer (Project). The Property is
currently used as a paid short -term public parking lot by Park Roanoke.
City Council scheduled and conducted a public hearing on September 16, 2019,
at 7:00 p.m., or as soon thereafter as the matter could be reached, to consider
the proposed transaction. Following receiving comments from the public, the
Council postponed further consideration of this matter until December 16,
2019, at 7:00 p.m., or as soon thereafter as the matter could be reached. This
postponement afforded representatives of the Buyer and representatives of
neighborhood groups to meet and discuss the proposed transaction. At the
Council session on December 16, 2019, and at the request of the Buyer,
Council postponed further action until its session on January 21, 2020, at 7:00
p.m., or as soon thereafter as the matter may be reached.
The Buyer has informed City staff that the Buyer requests the City to amend the
proposed transaction by (i) reducing the area of the Property from 0.370 acres
to 0.2684 acres, more or less, substituting a new Exhibit A to reflect the
reduced area of the property to be sold to the Buyer, (ii) amending the number
of handicapped parking spaces for which Buyer shall be responsible to relocate
from eight (8) to "up to" eight (8) handicapped parking spaces, (iii) amending
Buyer's Proposal and substituting a new Exhibit B to the proposed Contract that
describes Buyer's Proposal, and (iv) extending the closing date from duly 31,
2020 to November 30, 2020.
City staff has prepared an amended proposed Contract for Purchase and Sale of
Real Property to convey the Property to the Buyer under certain terms and
conditions of pre and post - closing performance by the Buyer. A copy of the
proposed amended Contract is included with this Report. The salient terms of
the proposed amended Contract include, but are not limited to, the following:
• Conveyance of the property to the Buyer for the nominal amount of
$10.00;
• A time period of one hundred eighty (180) days after completion of
its sixty (60) day inspection / due diligence period for the Buyer to
receive all necessary permits, approvals, and authorizations in
order to construct the landscaped pedestrian plaza prior to Closing
(Approval Period);
• The Buyer to re- establish up to eight (8) handicapped parking
spaces and related improvements currently located on the Property
to another location on the remaining area of the City's adjacent
parking lot at its sole cost;
• Buyer to commence construction activity within thirty (30) days
after Closing;
• A time period of eighteen (18) months after Closing for the
construction of the Project to be completed by the Buyer;
• Buyer to be responsible for all costs associated with the design,
approval, and construction of the Project;
• Buyer to complete the Project in substantial conformity to its
Proposal (Exhibit B), as amended, to the Agreement; and,
• Buyer to use the Property only for outdoor public assembly, open
space, and landscaping purposes, and not for any other purpose
without the prior written consent of the Roanoke City Council.
Under Section 15.2-1800, et seq., Code of Virginia (1950), as amended, prior to
conveying City -owned property the City is required to give prior public notice,
conduct a public hearing, and adopt an ordinance by City Council. City Council
conducted the public hearing on September 16, 2019. The proposed amended
Contract may be considered by City Council without the need for the
advertising and holding of another public hearing because the area of the
property to be conveyed under the proposed amended Contract is less than the
area included in the advertisement for the public hearing and the other
proposed changes do not materially affect the proposed transaction as
advertised and presented at the public hearing.
Recommended Action:
After consideration of comments that Council received at the public hearing on
September 16, 2019, and comments and discussions at the December 16, 2019
and the January 21, 2020 sessions of Council, and absent comments needing
further consideration, amend and substitute the attached Ordinance for the
pending Ordinance and adopt the attached Ordinance authorizing the City
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Manager to execute a contract substantially similar to the one attached to this
Report, and to execute such other documents and to take such further actions
as may be necessary to implement, administer, and enforce such contract. All
documents are subject to the 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, Director, Economic Development
Jaime Brooks, General Manager, Park Roanoke
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CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated ,
2020, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or
City), and Roanoke Higher Education Authority, a political subdivision of the Commonwealth of
Virginia (Buyer).
RFrrTAr.c-
WHEREAS, Seller is desirous of selling certain real property, including any
improvements thereon, situated at 23 Centre Avenue, N.W., Roanoke, Virginia, depicted as a
portion of Official Tax Map No. 2013016 (City Parcel), consisting of approximately 0.2684
acres, more or less, and more particularly described in Exhibit A attached hereto and made a part
hereof, (Property) to Buyer and Buyer is desirous of acquiring such Property upon the terms and
conditions set forth below;
WHEREAS, Buyer intends to construct a landscaped pedestrian plaza and courtyard on
the Property which will also provide for a better pedestrian connection between the Claude
Moore Education Complex located at 109 Henry Street, N.W. and the Roanoke Higher
Education Center located at 108 Jefferson Street, N.W.; and
WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with
certain 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 the remedies available to Seller as set
forth in this Contract.
THEREFORE, for and in consideration of the mutual covenants and conditions herein set
forth, and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby
incorporated into this Contract and that they further agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Buyer's Proposal: Buyer's Proposal refers to the document entitled "Roanoke Higher
Education Center Authority Project Description (January 2020)" (which is attached hereto and
made a part hereof as Exhibit B) ( "Proposal ") to construct a landscaped pedestrian
plaza/courtyard and related improvements on the Property for use by the Buyer.
Closing: The consummation of this Contract by Seller's delivery of a Deed to the Property
Closing Date: The date provided for in Section 11 hereof for the Closing.
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Contemplated Use: The development of a landscaped pedestrian plaza and courtyard and
related improvements.
Davis: Unless otherwise stated, this term means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the
provisions of Section 16 which shall be recited in the Deed, and as set forth in the Title
Commitment.
Facility: The development and construction of the landscaped pedestrian plaza and courtyard
and related improvements on the Property for the use by the Buyer as set forth in Buyer's
Proposal and described as the Contemplated Use.
Improvements: Any and all improvements, and all appurtenances thereto, located on the
Property at the time of Closing.
Plans or Plan: As defined in Buyers Proposal.
Proiect: This term means and includes the design and construction work to be done by Buyer
over the course of eighteen (18) months after Closing as well as any related and /or connected
work that may be required and /or done on any part of the Property to result in Buyer's
Contemplated Use of the Property, all in accordance with the terms and provisions of this
Contract.
Property: The real property, including any improvements, located at 23 Centre Avenue, N.W.,
Roanoke, Virginia, depicted as a portion of the City Parcel, and consisting of approximately
11,691 square feet, more or less (0.2684 acres, more or less) and more particularly described in
Exhibit A attached hereto and made a part hereof.
Substantial Completion, Substantially Complete or Completed, or Substantial
Conformance: Development of the Property by Buyer in accordance with the Contemplated
Use of the Property and Buyer's Proposal, and its availability and suitability for its use by'the
Institute and the Center.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property
from Seller, upon all the terms, covenants, and conditions set forth in this Contract.
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B. The purchase price for the Property ( "Purchase Price ") shall be Ten Dollars ($10.00)
payable in cash or certified check from Buyer to Seller at Closing, together with
performance of all other obligations of Buyer as set forth in this Contract.
SECTION 3. CONDITIONS PRIOR TO CLOSING.
A. 1. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Seller, as of
the Closing, shall have complied with Seller's obligations, representations and
warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction
of Seller's delivery to Buyer on the Closing Date of title to the Property and other
documents as prescribed in Section 11.
2. As a condition precedent to Seller's obligation to sell the Property or otherwise
perform any obligations provided for in this Contract, Buyer, as of the completion
of the Approval Period , and at the time of Closing, shall have secured written
commitments for funding all costs to be incurred by Buyer in the performance of
this Contract, including all costs for the work to be performed pursuant to Section
3A(B) hereof and all cost to be incurred in the development and construction of
the Project.
3. As a condition precedent to Seller's obligation to sell the Property or otherwise
perform any obligations provided for in this Contract, Buyer, as of the Closing,
shall have complied with Buyer's obligations, representations, and warranties in
this Contract.
B. Thirty (30) Days prior to the proposed Closing Date, Buyer will have obtained all
permits, approvals, and authorizations required by Section 3A (A) of this Contract and
completed the obligation of Buyer set forth in Section 3A (B) of this Contract and the
City has accepted such work in writing.
C. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive
in writing any of the other party's conditions precedent referenced in this Section 3, and
Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all
such conditions precedent.
D. In the event that the Closing has not occurred through no fault of Seller on or before the
Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a 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 above, this Contract shall be
deemed terminated and of no further force and effect.
E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
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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.
F. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, prior to exercising
any rights under Section 17, shall obtain, at their cost, any and all required permits and /or
licenses for any such work.
SECTION 3A. PERMITS AND APPROVALS.
A. Buyer's Permits and Approvals.
Following completion of Buyer's Due Diligence during the Inspection Period
pursuant to Section 17 of this Contract and Buyer's written election to proceed
with performance under this Contract, Buyer, at its sole cost and expense. shall
have one hundred eighty (180) Days (Approval Period) in which to apply for,
seek, and obtain all permits, approvals, and authorizations needed or required by
Buyer to develop, construct, complete, and operate the Project, including without
limitation, (1) all permits and approvals from the City of Roanoke Planning,
Building and Development Department for the construction of the Project; (ii)
subdivision approval of the City Parcel to create the Property parcel, street
dedication related to Jordan Alley; (iii) all permissions, approvals and
authorizations required for the operation of the Project as contemplated by Buyer;
and (iv) all such other approvals that are necessary for the construction of the
Project (collectively "Permits and Approvals "). No such Permits and Approvals
shall impose any restrictions or limitations on the development of the Property in
a manner consistent with Buyer's Proposal, or result in any limitations on Seller's
use of the remainder of the City Parcel. Prior to submitting any application for
any Permits and Approvals, Buyer shall present the proposed subdivision plat and
other applications required for all such Permits and Approvals to Seller for
Seller's approval, such Seller's approval shall not be unreasonably withheld. In
the event that Buyer is unable to obtain all Permits and Approvals, this Contract
shall terminate.
2. Under no circumstances shall the approval for subdivision of the City Parcel,
including the subdivision plat, be recorded with the Clerk's Office of the Circuit
Court for the City of Roanoke, Virginia, prior to the Closing.
3. Buyer acknowledges and agrees that the City Planning, Building and
Development Department shall review all applications for any Permits and
Approvals in accordance with applicable provisions of federal, state, and local
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laws, rules, and regulations, without regard to the fact that the City is a party to
this Contract. The authorization to execute and perform this Contract by the
Roanoke City Council does not constitute approval of any of the Permits and
Approvals required under this Section 3A(A).
B. Buyer's Obligation to Relocate Parking Facilities.
1. Buyer shall be responsible for the re- establishment of up to eight (8) Handicapped
Parking spaces located on the Property to another location on the portion of the
City Parcel to be retained by Seller with the approval of Seller, and shall also be
responsible for the relocation and re- installation of any Parking Pay Stations that
are impacted by the Project, at Seller's direction, and at the Buyer's sole cost and
expense.
2. Buyer shall initiate such work immediately following obtaining all Permits and
Approvals during the Approval Period. Seller shall provide Buyer with a right of
entry permit to enter onto the City Parcel to perform this work. Buyer shall
provide Seller with all insurance for Buyer and its contractors in amounts, terms,
and conditions in form and substance to the insurance requirements as required
under Section 17(B) of this Contract. Buyer shall complete all such work to the
written satisfaction of the City within thirty (30) Days after commencement of
such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
1. 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 or prior
to Closing:
(i) Buyer will purchase the Property from Seller for the Purchase Price of Ten
and no /100 Dollars ($10.00) 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
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DRAFT 01.21.2020
representations from Seller and that Buyer has had sufficient opportunities
to fully examine the Property.
(iii) Buyer, at its sole cost and expense, shall record the subdivision plat and
approval of the subdivision of the City Parcel to create the Property parcel
and dedicate a portion of Jordan Alley, in accordance with the approval of
Seller. The recording of the plat shall occur immediately before recording
of the Deed.
(iv) 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.
(v) Buyer agrees that the conditions and obligations of Buyer under this
Contract which are to be performed post - Closing are conditions and
obligations that shall be incorporated either directly or by reference in any
deed to 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 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.
Buyer shall be responsible for the costs of recording each such document.
B. Post- Closing Performance Obligations of Buyer.
Buyer acknowledges and agrees that a part of the consideration for the Seller is Buyer's
commitment to renovate the Property in accordance with Buyer's Plans 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.
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DRAFT 01.21.2020
Buyer will develop the Property in accordance with the Plans. Completion of this
development shall be pursued diligently and timely by Buyer and Buyer shall be
solely responsible for satisfying its obligations hereunder. TIME SHALL BE OF
THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF
BUYER HEREUNDER.
2. If Buyer fails to commence Construction Activity within thirty (30) Days after
Closing, Buyer shall be in default of this Contract and Seller may, at is sole
option, acquire the Property in accordance with Section 16 hereof. For the
purposes of this subsection "Construction Activity" shall mean: Buyer has
initiated physical demolition of the existing parking lot within the portion of the
City Parcel designated as the Property.
All construction work necessary to complete Buyer's Contemplated Use of the
Property shall be Substantially Completed within 18 months after the Closing
Date.
4. Buyer agrees to and shall provide written progress reports (which may be by
email) to Seller's Assistant City Manager for Community Development four times
a year, on the 1St day of the months of January, April, July, and October
subsequent to Closing and until Substantial Completion. Such progress reports
shall provide Seller with sufficient information regarding Buyer's status as to
performance of Post - Closing activities to meet the terms of this Contract and to
alert Seller to any issues, problems, or delays that Buyer has encountered or
anticipates Buyer may encounter.
5. The Property may be used only for outdoor public assembly, open space /
landscaping purposes only and not for any other purpose without the prior consent
of Roanoke City Council. Should Buyer transfer ownership of the Property at any
time for any purpose other than those contained in the preceding sentence, Buyer
shall pay to the City an amount equal to the then current value of the Property
(land only) as assessed for land only by the Commissioner of the Revenue of the
City of Roanoke for real estate tax purposes.
SECTION 5. COMPLIANCE WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements in executing the construction of
the Project. Buyer further agrees that Buyer does not, and shall not during the construction of
the Project, knowingly employ an unauthorized alien as defined in the federal Immigration
Reform and Control Act of 1986.
SECTION 6. ASSIGNMENT.
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Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any
such assignment shall not relieve Buyer from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to require each contractor and subcontractor that performs work at the Property in
connection with (i) the relocation of the parking facilities as set forth in Section 3A (B) of this
Contract; and /or (ii) the construction of the Facility to indemnify and hold harmless Seller and its
officers, directors, and employees free and harmless for and from any and all claims, causes of
action, damages or any liability of any type, including reasonable attorney's fees, on account of
any claims by or any injury or damage to any persons or property growing out of or directly or
indirectly resulting or arising in any way out of any actions, omissions, or activities of the
respective contractors, or subcontractors arising out of or connected in any way to (i) the
relocation of the parking facilities as set forth in Section 3A (B) of this Contract; and/or (ii) the
construction of the Facility as provided in this Contract.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the
laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to
assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of
such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the
venue of the action, suit or proceeding, is improper.
SECTION 9. EASEMENTS.
A. Easements to benefit Seller or Western Virginia Water Authority.
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 the Property for the construction of infrastructure improvements needed for
or benefiting the Property, including, but not limited to, storm drainage, sanitary sewers,
and /or water, all at no cost to 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
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title to the Property in an AS IS condition and subject to any items of record. This
provision shall survive Closing.
B. Seller further represents and warrants with respect to the Property that:
Title. Seller has title to the Property subject to any restrictions of record. Seller is
the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of the Property or the limiting or denying of any right of access thereto.
3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any
other 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 by
public streets dedicated to the City of Roanoke.
SECTION 11. TITLE AND CLOSING.
A. Title to the Property in accordance with the Survey, shall be conveyed by Seller to Buyer
by a Deed, subject to the following:
1. Ad valorem real property taxes and stormwater fees for the current year, not yet
due and payable;
2. Those matters of title to which Buyer has not objected to in writing (Seller agrees
to take reasonable efforts to resolve matters objected to by Buyer which efforts
shall not include the expenditure of funds to third parties);
3. Those matters reflected on the Survey to which Buyer has not objected to in
writing (Seller agrees to take reasonable efforts to resolve matters objected to by
Buyer which efforts shall not include the expenditure of funds to third parties);
4. Easements and other restrictions of record as of the date of execution of this
Contract by Seller that do not materially interfere with or prevent Buyer from
using the Property for the Contemplated Use;
5. Liens and objections shown on the Title Commitment;
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6. Other standard exceptions contained in a Title Policy as defined in Section 11(B)
below.
The restrictive covenant contained in Section 4.B.5 of this Contract.
Those items and matters set forth in this Contract and that the obligations and
undertakings of Buyer in this Contract shall survive Closing and be incorporated
into the Deed. All of the foregoing exceptions are herein referred to collectively
as the "Conditions of Title."
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 on or
before November 30, 2020, with the specific Closing date being designated by Buyer in
writing to Seller at least ten (10) business days in advance thereof (the "Closing Date ").
The Closing Date shall occur no earlier than thirty (30) Days after satisfaction of the
conditions in Section 3 and Section 3A of this Contract.
D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on
the Closing Date in the Office of the City Attorney, or at such other location, date, and
time as shall be approved by Buyer and Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer
the following documents:
a. Its duly executed and acknowledged Deed conveying to Buyer 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; and
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e) Any other items required to be delivered pursuant to this Contract.
E. At Closing, real property taxes (if any) and storm water fees shall be prorated with Buyer
being responsible for all periods thereafter.
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.
SECTION 12. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of the Property.
However, if, after the date hereof and prior to the Closing Date, all or any part of Property is
subjected to a bona fide threat of condemnation or condemned or taken by a body having the
power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified
thereof in writing and within twenty (20) Days after receipt of written notice to Buyer, Buyer
may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which
event all parties shall be relieved and released of and from any further duties, obligations, rights,
or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further
force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall
remain in full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon the
Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest
of Seller in and to any awards that have been or that may thereafter be made for any such taking
or takings.
SECTION 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. In the event of a loss due to
fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss
shall be payable to the Seller under all circumstances.
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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 contracts 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 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 Buyer except as otherwise specifically stated in this Contract.
B. In addition to the remedy of repurchasing the Property pursuant to Section 16 of this
Contract in the event of nonperformance of Buyer's obligations under Section 4.B.2 of
this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or
any of Buyer's obligations under this Contract that require Buyer's performance within a
specific time period; or (ii) fails to comply with any other terms of this Contract or any
other obligations of Buyer under this Contract after written notice of such default is
provided by Seller and Buyer fails to cure such default within thirty (30) Days following
Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract
and recover any specific monetary damages directly caused by Buyer's breach.
SECTION 16. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT
NOT TO CONVEY THE PROPERTY.
A. Notwithstanding any provision contained in this Contract or the Deed, if after 6 months
from the Closing, Buyer or its successor(s) in interest shall not have commenced
Construction Activity, as reasonably determined by the Seller, and as described in
Section 4.13.2, Seller shall have the right to refund to the then record owner(s) of the
Property all or any part of the original Purchase Price for the Property paid by Buyer to
Seller; whereupon the then record owner(s) of the Property shall forthwith convey the
Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other
encumbrances. In the event that the record owner(s) of the Property for any reason fails
or refuses to convey title back to the Seller as required herein, Seller shall have the right
to enter onto and take possession of the Property or the part thereof designated by Seller,
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along with all rights and causes of action necessary to have title to the Property or the
part thereof designated by Seller conveyed to the Seller.
B. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of
any such mortgage or deed of trust shall acknowledge and agree in writing that the right
granted Seller pursuant to Section 16.A is superior to the mortgage or deed of trust and
the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust
in the event Seller exercises its right to repurchase the Property pursuant to Section 16.A.
Buyer shall require that each and every lender of Buyer that seeks to encumber the
Property with a mortgage or deed of trust to acknowledge and agree to the provisions of
this Section 16.
SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD
A. Buyer shall have sixty (60) Days following the 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 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 Seller in writing as soon as possible, but
no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to
terminate the Contract. In such case, this Contract shall thereupon be terminated and of
no further force and effect, unless Seller and Buyer mutually agree to modify this
Contract to address any such issues.
B. In connection with the Buyer's ability to conduct its Due Diligence review mentioned
above 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 Due Diligence Period, upon two (2)
working days prior written notice to Seller, in order to survey, make test borings, and
carry out such other examinations, exploratory work, or settings as may be necessary to
complete a 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:
If Buyer exceeds its rights granted under this Section or fails to obtain and
maintain the insurance required by this Section 17, 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. Buyer shall pay to Seller the daily rate for any parking spaces used by
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Buyer or its contractors and subcontractors to conduct any inspections, testing, or
examinations of the Property for each Day on which a parking space is used for
such purposes or is otherwise not available for use by the general public.
3. Buyer agrees to require all contractors and subcontractors performing inspections
hereunder to indemnify, keep and hold Seller and its officers, agents, employees,
and representatives free and harmless from any and all liability, claims, causes of
action, costs and damages of any type, including 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 17. In the event that any suit or proceeding shall
be brought against Seller or any of its officers, employees, agents, 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, the Contractors, upon notice
given to it by Seller or any of its officers, employees, agents, or representatives
will pay all costs of defending Seller or any of its officers, employees, agents, or
representatives in any such action or other proceeding. In the event of any
settlement or any final judgment being awarded against Seller or any of its
officers, employees, agents, or representatives, either independently or jointly
with Buyer, its officers, agents, employees, contractors, subcontractors, licensees,
designees, representatives and consultants, then Contractors 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 attorney's fees, and hold
Seller or any of its officers, employees, agents, or representatives harmless
therefrom.
4. Buyer shall 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 Subsection 4.
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 arising out of Buyer's acts or omissions. The
minimum limits of liability for this coverage shall be $2,000,000
combined single limit for any one occurrence.
(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
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Virginia and Employer's Liability insurance shall be maintained for all its
employees engaged in work under this Subsection 4 (iii). 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, and
representatives.
(iv) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be $1,000,000 combined single limit applicable
to owned or non -owned vehicles used in the performance of any work
under this Subsection 4 (iv) and shall be written on an occurrence basis.
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 $2,000,000. 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 furnished
by Buyer to Seller.
6. All insurance shall also meet the following requirements; unless otherwise agreed
to by the City's Risk Manager:
(i) Buyer shall furnish Seller a certificate or certificates of insurance showing
the type, amount, effective dates and date of expiration of the policies. All
such insurance shall be primary and noncontributory to any insurance or
self - insurance Seller may have. Certificates of insurance shall include any
insurance deductibles.
(ii) Should any required insurance coverage be canceled or materially altered
before the expiration term of the contract, it is the responsibility of the
contractor to notify the City of such within thirty (30) Days of the
effective date of the change.
(iii) The required insurance coverages and certificate or certificates of
insurance (except with respect to Worker's Compensation and Employers'
Liability) shall name the City of Roanoke, its officers, employees, agents,
and representatives as additional insureds.
(iv) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section 17, such waiver shall be specified on
the certificate of insurance.
(v) Insurance coverage shall be in a form and with an insurance company
approved by Seller, which approval shall not be withheld unreasonably.
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Any insurance company providing coverage under this Section 17 shall be
authorized to do business in the Commonwealth of Virginia.
(vi) Buyer's insurance policies and/or coverages shall not contain any
exclusions for the Contractor's subcontractors.
(vii) The continued maintenance of the insurance policies and coverages
required by this Contract is a continuing obligation, and the lapse and /or
termination of any such policies or coverages without approved
replacement policies and /or coverages being obtained shall be grounds for
termination of the Contract for default.
(viii) Nothing contained in the insurance requirements is to be construed as
limiting the liability of Buyer, and /or its subcontractors, or their insurance
carriers. The City does not in any way represent that the coverages or the
limits of insurance specified are sufficient or adequate to protect Buyer's
interest or liabilities, but are merely minimums. The obligation of Buyer,
and its subcontractors, to purchase insurance shall not in any way limit the
obligations of Buyer in the event that the City or any of those named
above should suffer any injury or loss in excess of the amount actually
recoverable through insurance. Furthermore, there is no requirement or
obligation for the City to seek any recovery against Buyer's insurance
company before seeking recovery directly from Buyer.
SECTION 18. 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, SW
Roanoke, Virginia 24011
Fax No. 540- 853 -2333
If to Buyer: Executive Director
Roanoke Higher Education Center
108 N. Jefferson Street, Suite 208
Roanoke, VA 24016
with a copy to:
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Notice shall be deemed delivered upon the date of personal service, two Days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 19. TIME.
Time is of the essence in the performance of the parties' respective obligations in this Contract.
SECTION 20. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and permitted assigns.
SECTION 21. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatories to the same counterpart.
SECTION 22. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this Contract
and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Contract or any
amendments or exhibits hereto.
SECTION 23. SEVERABILITY AND SURVIVAL
If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining
terms of this Contract, which shall continue in full force and effect. The parties intend for the
provisions of this Contract to be enforced to the fullest extent permitted by applicable law.
Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or
agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make
them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE
PERFORMED BY THE PARTIES POST - CLOSING SHALL SURVIVE CLOSING.
SECTION 24. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and
purpose of this Contract.
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SECTION 25. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant they
are duly authorized to execute this Contract on behalf of their respective entity.
SECTION 26. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this Contract
by any 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 27. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate
against faith -based organizations.
SECTION 28. EQUAL EMPLOYMENT OPPORTUNITY.
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 Property.
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 laws, rules or
regulations shall be deemed sufficient for the purpose of meeting the requirements of this
section.
(d) Buyer will include the provisions of the foregoing subsections in every contract or
purchase order of over ten thousand dollars and no cents ($10,000.00) so that the
provisions will be binding upon each Buyer or vendor.
SECTION 29. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
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Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer
to Seller are intended to be consistent with the terms of this Contract. However, if any of Seller -
supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties
agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in
a writing signed by both parties.
SECTION 30. FORCE MAJEURE.
A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or
Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage
is directly caused by an occurrence beyond the reasonable control of such party and its agents,
employees, contractors, subcontractors, and consultants, which results from Acts of God or the
public enemy, compliance with any order of or request of any governmental authority or person
authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion,
sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in
transportation, inability of party to obtain necessary materials or equipment or permits due to
existing or future laws, rules, or regulations of governmental authorities or any other direct
causes, and which by the exercise of reasonable diligence said party is unable to prevent. For
purposes of this Contract any one delay caused by any such occurrence shall not be deemed to
last longer than six (6) months and all delays caused by any and all such occurrences under any
circumstances shall not be deemed to last longer than a total of six (6) months. Any party
claiming a force majeure occurrence shall give the other party written notice of the same within
thirty (30) Days after the date such claiming party learns of or reasonably should have known of
such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding
anything else set forth above, after a total of six (6) months of delays or failure of performance of
any type have been claimed as being subject to force majeure, no further delays or failure of
performance or claims of any type shall be claimed as being subject to force majeure and /or
being excusable delay.
SECTION 31. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits
hereto. No amendment to this Contract shall be valid unless made in writing and signed by the
appropriate parties.
SIGNATURE PAGES TO FOLLOW
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IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST:
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
CITY OF ROANOKE, VIRGINIA
By:
Robert S. Cowell, Jr., City Manager
The foregoing instrument was acknowledged before me this _day of , 2020, 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
WITNESS /ATTEST: ROANOKE HIGHER EDUCATION
AUTHORITY
By:_
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
SEAL
The foregoing instrument was acknowledged before me this day of , 2020, by
, the of Roanoke Higher Education Authority, a
political subdivision of the Commonwealth of Virginia, for and on behalf of such entity.
My commission expires:
Notary Public
SEAL
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Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
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DRAFT 01.21.2020
Contract for Purchase and Sale of Real Property
dated by and between
City of Roanoke Virginia, as Seller, and
Roanoke Higher Education Authority, as Buyer
F.XHiRiT A
Description of Property
22
Claude Moo
"Culinary Scl
i
-
3132" _ "_D,,
OLIVER WHITE HILL PLAZA
THE ROANOKE HIGHER EDUCATION CENTER
s,
r
OLIVER WHITE HILL PLAZA
THE ROANOKE HIGHER EDUCATION CENTER
DRAFT 01.21.2020
Contract for Purchase and Sale of Real Property
dated by and between
City of Roanoke Virginia, as Seller, and
Roanoke Higher Education Authority, as Buyer
EXHIBIT B
Buyer's Proposal
23
Roanoke Higher Education Center Authority
Project Description (January 2020): The Roanoke Higher Education Authority has received
capital budget funding from the Commonwealth of Virginia to create a courtyard /plaza to
connect campus facilities, establish an outdoor learning environment for culinary arts students
and honor civil rights and education pioneers of Gainsboro. Discussed since the middle of 2018,
the project has evolved over the past year working with various stakeholders (Gainsboro
residents, Oliver White Hill Foundation, etc.) and City staff and Council members.
• The plaza will be constructed within the existing surface parking lot that separates the
main building of the Center with the Claude Moore Education Complex, which houses
Virginia Westerns culinary arts program.
• The Authority has received $328,000 from the Commonwealth of Virginia for this capital
project in July 2019 and an additional $120,000 will be available in July 2020.
• In December 2019, the footprint of the plaza was reduced from 16,138 sf to 11,691 sf at
the request of Gainsboro stakeholders. (This reduction took less surface parking.)
• Hill Studio, a Roanoke firm that specializes in landscape architecture, community
planning, architecture and historic preservation, will continue working on the plaza
design and interpretive components. The current plaza design and the timeline walk
approach for interpretive content allows us to be flexible in changing content to honor
significant Gainsboro pioneers and events related to civil rights and education.
• Decisions on who should be honored will be based upon additional feedback to be
received from a designated committee composed of individuals from Gainsboro
Southwest Community Organization, Gainsboro Preservation District, Inc., Roanoke
NAACP, and other stakeholders who have expressed an interest in this project and the
history of Gainsboro.
Connecting the two buildings and creating an appropriate campus footprint is important to the
continued success of the Roanoke Higher Education Center and is a goal set by the Board of
Trustees. The enhancement of the grounds creates a destination space for students, visitors, and
residents that is attractive, inviting, and historically informative. The plaza will also serve as an
outdoor learning laboratory for the culinary arts students pursuing degrees and certificates
from the Al Pollard Culinary Arts program delivered by Virginia Western Community College
at the Claude Moore Education Complex. Finally, we envision that the plaza will enhance the
overall business investment potential for the Henry Street area.
In addition, this project includes a sidewalk marker on Center Avenue, consistent with other
existing markers along the Gainsboro History Walk, denoting the law office of Oliver White
Hill, Sr., as well as other professional offices and businesses on Centre Avenue in the 1930s.
Plaza design details of special note include:
• Handicap parking and accessible drop off lanes are incorporated into the new design.
• Architectural pavers now existing at the entrance to the main building will extend to the
Claude Moore Complex. This provides clear pedestrian direction and connection
between the two buildings.
1
• The pedestrian plaza will include significant landscaping using grass, trees, and shrubs.
The plantings and environmental design include features that manage stormwater
runoff.
• Linear granite markers for the "timeline walk" will include historical information of
Gainsboro pioneers and events related to civil rights and education. This provides an
informative learning experience for students, residents, and visitors.
• A low brick wall separates the plaza from traffic and parking and provides seating for
students and visitors. The wall includes cubes that light the pedestrian walkway.
2