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HomeMy WebLinkAboutCouncil Actions 11-16-20ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2020 2:00 P.M. CITY COUNCIL CHAMBER AGENDA D"I S 41911 - 111620 The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge 1. Call to Order - -Roll Call. All Present. (Council Members Bestpitch and Price participated by electronic means). The Invocation was delivered by The Reverend A. G. Ayers, Pastor, Community Advent Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 19 at 7:00 p.m., and Saturday, November 21 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. 1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Roanoke Neighborhood Advocates — two vacancies Youth Services Citizen Board — one vacancy (Citizen at- large) Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Due to the recent increase and severity in COVID -19 cases in the City of Roanoke, out of an abundance of caution, the Roanoke City Council has determined that temporary changes are necessary. Roanoke City Council Members will continue to meet in person in City Council Chambers, observing all recommended safety protocols while members of the community wishing to address the City Council during Hearing of Citizens Upon Public Matters are required to participate virtually or via email by contacting the City Clerk's Office at clerk(aD-roanokeva.gov and (540) 853- 2541, by 12:00 p.m., on November 16. The Council Chamber will not be accessible to the general public during the meeting. The meeting will continue to be broadcast via RVTV -3 and on the City's Facebook account. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., addressed the Council regarding the State of the City, City transportation, and plans for a multi - modal transportation hub. K 4. CONSENT AGENDA: (APPROVED 7 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Monday, November 2, 2020. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Clerk advising of the resignation of Vivian Sanchez -Jones as a member of the Human Services Advisory Board, effective October 29, 2020. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -3 Reports of qualification of Cecelia F. McCoy as City Clerk and Troy A. Harmon as Municipal Auditor of the City of Roanoke for two -year terms of office, each, commencing October 1, 2020 and ending September 30, 2022. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: BID OPENING: Bids to enter into a Parking Agreement for unreserved parking permits for the Center in the Square Garage located at 11 Campbell Avenue, S. E., Roanoke, Virginia. Received one bid from JS Project, LLC. The sole bid was referred to the City Manager for review and recommendation to the Council. 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the Honorable Timothy Allen, City Sheriff, recommending authorization of a one -time bonus to all Compensation Board sworn positions in the Sheriff's office and jail; and a communication from the City Manager concurring in the recommendation. (Reconsideration of the matter at the 7:00 p.m. session. See page 8). 3 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. De- appropriation of funds remaining from the FY 2017 Traffic Signal Flashing Yellow Arrow Project. Adopted Budget Ordinance No. 41911 - 111620. (7 -0) 2. Execution of Amendment No. 1 to the contract between the City of Roanoke and MAKCO, Inc., for guardrail repairs across the City. Adopted Resolution No. 41912 - 111620. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: City Offices Will Close for Thanksgiving Holidays • In observance of the Thanksgiving holidays, the City of Roanoke will close its offices on Thursday and Friday, Nov. 26 and 27. • 1 want to take this opportunity to wish a Happy Thanksgiving to all our citizens! Changes to Solid Waste Collection for Thanksgiving Week On Thanksgiving week, Trash, "A" week recycling, bulk, and brush will be collected as follows: • Monday and Tuesday collection on Monday, Nov. 23 • Wednesday collection on Tuesday, Nov. 24 • Thursday collection on Wednesday, Nov. 25 More details are available at.roanokeva.gov/holiday-or call 853 -2000, Option 1. 2020 Leaf Collection Begins This Week The City recently mailed postcards to all residents with leaf collection information. As a reminder, Solid Waste crews will collect leaves on the following dates: • Nov. 16 -19 • Nov. 30 -Dec. 3 • Dec. 7-10 0 • Dec. 14 -17 More information can be found at roanokeva.aov /leafcollection or call 853- 2000, Option 1. Dickens of a Christmas, Tree Lighting Ceremony • This year, COVID -19 has changed many of our traditional holiday celebrations, including the annual Dickens of a Christmas events and the City's Tree Lighting Ceremony. • This year the lighting of the City of Roanoke Christmas Tree will be a virtual event shown live on WDBJ7 starting at 6 p.m. • The 2020 Dickens of a Christmas event has been renamed "The 25 Days of Dickens," and will be observed downtown from Nov. 24 through Dec. 18. Downtown Roanoke Incorporation has engaged special vendors and performers to come downtown for the 25 -day celebration. • More details about these changes can be found at downtownroanoke.ora. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41913 - 111620. (7 -0) b. Presentation with regard to findings and recommendations of the Study Committee to Reduce Gun Violence. Shakira Williams, Chair, Spokesperson. Received and filed. 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. 5 12. RECESSED - 3:14 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2020 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order - -Roll Call. All Present. (Council Members Bestpitch and Price participated by electronic means). The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NC)TICE-- Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 19 at 7:00 p.m., and Saturday, November 21 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. 7 Reconsideration of Agenda Item 6.a. (7 -0) Adopted Budget Ordinance No. 41914 - 111620, as amended, with regard to authorization of a one -time bonus to all Compensation Board sworn positions in the Sheriffs office and jail; and a communication from the City Manager concurring in the recommendation. (7 -0). A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation of the 2020 Citizen of the Year. Adopted Resolution No. 41915 - 111620. (7 -0) The Mayor recognized "The Resilient Citizens of the City of Roanoke" as the 2020 Citizen of the Year; and presented a banner to be hung in the City Council Chamber. B. PUBLIC HEARINGS: 1. Request of Les Bowers and Brad Bowers, on behalf of Upper Church, LLC, to permanently vacate, discontinue and close a portion of property at the end of the 400 block of Church Avenue, S. E. Ben Crew, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 41916- 111620. (7 -0) 2. Request of Dr. Kunal Joshi and Ms. Jordana Anderson on behalf of Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue, and two parcels identified as 0 Patterson Avenue, S. W., from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District; and 1729 Patterson Avenue and 0 Patterson Avenue, S. W., from INPUD, Institutional Planned Unit Development District to MX, Mixed Use District, with conditions. Dr. Kunal Joshi and Ms. Jordana Anderson, Petitioners, Spokespersons. Adopted Ordinance No. 41917 - 111620. (6 -1, Council Member Sanchez -Jones voting no.) 3. Request of the City of Roanoke to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, for clarification and consistency with State law. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41918 - 111620. (7 -0) 4. Request of Keystone Community Center, Inc., for designation of its real property, identified as 101 17th Street, S.E., as exempt from taxation. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41919 - 111620. (7 -0) F•� 5. Proposal of the City of Roanoke for renewal of lease of space within the Berglund Center Annex to Sinclair Television Stations, LLC, d /b /a WSET- TV for local broadcast purposes. Timothy R. Spencer, City Attorney. Adopted Ordinance No. 41920 - 111620. (7 -0) 6. A report of the City Manager recommending execution of a Parking Agreement, subject to certain terms and conditions, to obtain up to forty - five (45) parking permits for the use of not more than forty -five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S. E. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41921 - 111620. (7 -0) 7. Receive public comment with regard to amendments to the City Charter in connection with the change in election date from May to November. Adopted Resolution No. 41922 - 111620. (7 -0) C. OTHER BUSINESS: 1. Presentation of the Proposed 2021 Legislative Program. Council Member William D. Bestpitch, Chair, Legislative Committee. Adopted Resolution No. 41923 - 111620. (7 -0) D. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. E. RECESSED - 9:36 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL TUESDAY, DECEMBER 1, 2020, AT 9:00 A.M., AT CHARTER HALL, 32 MARKET SQUARE, S. W., FOR A CITY COUNCIL BUDGET PLANNING RETREAT. E CECELIA F. NICCOY, CMC Cite 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: cerk(q roanoke%a.goc November 17, 2020 The Reverend A. G. Ayers, Pastor Community Advent Church 4512 Old Mountain Road, N. E. Roanoke, Virginia 24019 Dear Pastor Ayers: CECELIA T. NNFEBB, CMC Depute Cih Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, November 16, 2020. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, a�C S; ' Wt& Cecelia F. McCoy, CMC City Clerk CFM:ctw CECELIA F. NICCOI', C1N1C 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(nroanokeNa.gov November 17, 2020 Vivian Sanchez -Jones 2610 Belle Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Sanchez - Jones: CECELIA T. NVEBB, CN1C Deputy Cltc Clerk A communication from the City Clerk advising of your resignation as a member of the Human Services Advisory Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 16, 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 Human Services Advisory Board from November 6, 2017 to October 29, 2020. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Enclosure Sincerely, We- 10T Cecelia F. McCoy, CMC City Clerk PC: Teresa McDaniel, Secretary, Human Services Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO Vivian Sanchez -]ones AS A MEMBER OF "1 HE HUMAN SERVICES ADVISORY BOARD FROM NOVEMBER 0, ?017 TO OCTOBER `'O, 20?0 ON THIS 17TH DAY OF NOVEMBER 2020 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO TI-IF CITY OF ROANOKE SIII:RNIAN 1. LI 'A, SR. MAYOR A.I..rTS'f: (T(TTIA F. MUC OY ('I I Y ('i FAK CECELIA F. MCCOY, CMC 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 November 16, 2020 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA T. WEBB, CMC Deputy City Clerk This is to advise that The Honorable Vivian Sanchez -Jones has tendered her resignation as a member of the Human Services Advisory Board, effective October 29, 2020. Sincerely, cjzt'(� J-. VXeeir Cecelia F. McCoy, CMC City Clerk SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 October 29, 2020 Cecelia F. McCoy City Clerk City of Roanoke 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011 Dear Ms. McCoy: COUNCIL MEMBERS William D. Bestpitch Joseph L. Cobb Michelle L. Davis Anita J. Price Vivian Y. Sanchez -Jones Patricia White -Boyd Please accept this letter as formal notification that I must resign as a member of the Human Services Advisory Board due to my recent appointment to the Roanoke City Council. Please note that my resignation is effective today, Thursday, October 29, 2020. Thank you. Sincerely, Vivian Y. S chez- es City Council Member c: Teresa McDaniel, Secretary, Human Services Advisory Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Cecelia F. McCoy, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2020, and ending September 30, 2022, according to the best of my ability. So help me me Cecelia F. McCoy The foregoing oath of office was //oaken, sworn to, and subscribed before me by Cecelia F. McCoy this day of V C'�% 2020. Brenda S. Hamilton, Clerk of the Circuit Court I TI* � Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Troy A. Harmon, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2020, and ending September 30, 2022, according to the best of my ability. So help me God. ;�� pL S -- "'troy A. Harmon The foregoing oath of office was taken, sworn to, and subscribed before me by Troy A. Harmon this 30 day of ecj6 2020. Brenda S. Hamilton, Clerk of the Circuit Court By ��, Clerk BID FORM FOR A PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Friday, November 13, 2020, and are to be delivered to the address listed below. Time is of the essence. The completed Bid Form. together with any other documents the bidder wishes to submit, should be enclosed in a scaled envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on November 16, 2020. Date: November 10, 2020 JS Project LLC and agrees, if its Bid (Legal Name of ffidder) is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of such Parking Agreement. Bid: Bidder agrees that monthly payments will be made according to the rates set forth in Section 5 of the above Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the Hotel to be constructed (Hotel). Payment is due to the City in accordance with the terms of the Parking Agreement. Bidder agrees that the number of Parking Permits that will be available under the Parking Agreement is 45. Bid: Bidder agrees to develop, construct, open, and operate Hotel in Downtown Roanoke, Virginia by December 31, 2021, with at least 50 rooms. Bid Form Parking Agreement 11 20.doc Page I of 2 Bid Term: Twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2021, and ending 20 years thereafter, provided that the successful bidder will have options to renew the term for up to four (4) additional five (5) year terms, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by the successful bidder as provided in the Parking Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, a copy of which Parking Agreement is on file in the Office of the City Clerk, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011, including, without limitation, providing the City with a bond or other security in the amount of $15,000.00, as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL, NAME OF BIDDER: JS Project LLC Manager, Savara Development LLC in its capacity as BY: fHTLE: Manager of .1S Project LLC (Printed "title) Vishal Savant (Printed Name) STREET ADDRESS: 101 S Jefferson St, Roanoke VA 24011 MAILING ADDRESS: c/o Savara Development LLC, 11325 Random Hills Rd, Suite 360 CITY: Fairfax TELEPHONE: (703 ) 951 -3122 Bidder's SCC Identification Number: STATE: Virginia FAX: (_ S7567086 Bid Form Parking Agreement 1 12Q.doc Page 2 of 2 ZIP CODE,: 22030 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41911- 111620. AN ORDINANCE to de- appropriate funding from the Virginia Department of Transportation for the Signal Improvements FY17 project, amending and reordaining certain sections of the 2020 -2021 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 530 - 9491 -9002 $ (41,422) Revenues VDOT FY17 Signal Imp 08- 530 - 9491 -9491 (41,422) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Deallocation of Grant funds remaining from the FY 2017 Traffic Signal Flashing Yellow Arrow project. Background: The City of Roanoke Transportation Division developed and submitted a grant application to the Virginia Department of Transportation (VDOT) for the FY2017 Highway Safety Improvement Program (HSIP). That HSIP grant application was subsequently awarded by VDOT for installation of five traffic signal flashing yellow arrows with an estimated cost of $88,000. The HSIP grant program is funded with 90% federal funding and 10% state funding. No local match was required as a part of this project. City Council approved the HSIP grant award for this project via Council Resolution No. 40692-110716 dated November 7, 2016. Considerations: During the project development and signal equipment bidding process, the cost of signal equipment installation for all five flashing yellow arrows was lower than the original engineering estimate. The actual price of the signal equipment was $46,578 instead of $88,000. At project completion, VDOT reimbursed the City for the $46,578 actual project cost. City Council approval is necessary to de- appropriate the remaining $41,422 that was appropriated to the project account at the time of grant award approval. Recommended Action: De- appropriate $41,422 in FYI 7 HSIP grant funds for the flashing yellow arrow project from Capital project account 08- 530 -9491. --------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Mark D. Jamison, P.E., Director of Public Works Dwayne R. D'Ardenne, Transportation Manager Hong Liu, City Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41912 - 111620. A RESOLUTION authorizing the City Manager's issuance and execution of an Amendment to the City's Contract with MAKCO, Inc., ( "MAKCO ") for additional guardrail repair work; and authorizing the City Manager to take certain other actions in connection with such Amendment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to issue and execute such Amendment as may be necessary to the City's Contract with MAKCO, in the amount of $70,000.00 for additional guardrail repair work, all as more fully set forth in the City Council Agenda Report dated November 16, 2020. 2. The form of such Amendment shall be approved by the City Attorney. 3. The City Manager is authorized to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment to the above - mentioned Contract with MAKCO, as well as the Contract itself. ATTEST: (. J. q,46T City Clerk. CITY COUNCIL AGENDA REPORT F To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Amendment to the Guardrail Repair Contract with MAKCO, Inc. Background: The City of Roanoke entered into a contract, dated April 1, 2020, with MAKCO, Inc. to repair various damaged guardrail locations within City limits. The amount of this contract was $27,1 31 . There are additional guardrail repair locations that have been subsequently identified and additional funding to repair these locations has been secured. A contract amendment in the amount of $70,000 is required in order to continue making necessary guardrail repairs. Repairing damaged guardrail in a timely manner provides safer roadway conditions for the motorists in the City. Considerations: City Council approval is needed to amend the guardrail contract and increase the total contract value to $97,131. Recommended Action: Authorize the City Manager to execute the contract amendment, as referenced above, to the City's existing guardrail repair contract for additional repairs in the amount of $70,000, which will result in a total contract value of $97,131 with MAKCO, Inc. Authorize the City Manager to take such actions and execute such documents, as may be necessary to i lement such amendments to the Contract with MAKCO, Inc. - - - - - -- -- - -- --- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Mark D. Jamison, P.E., Director of Public Works Dwayne R. D'Ardenne, Transportation Manager Hong Liu, City Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. ` No. 41913 - 111620. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and reordaining certain sections of the 2020 -2021 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: APPROPRIATIONS Coordinator Salary 302- 140- HOME - 1000 - 145Q - 61210- 41138- 9- 08 $ 66,318.00 Virginia Retirement System 302- 140- HOME -1000 - 145Q - 61210- 42202- 9- 08 11,022.05 Retiree Health Credit 302- 140- HOME -1000 - 145Q - 61210- 42200- 9- 08 802.45 Group Life iNsurance 302- 140- HOME - 1000 - 145Q - 61210- 42205- 9- 08 888.66 Social ecurity 302- 140- HOME -1000 - 1450- 61210- 42201 - 9- 08 5,073.33 Health Insurance 302- 140- HOME - 1000 - 145Q - 61210- 42204- 9- 08 4,389.51 Professsional Development 302- 140- HOME - 1000 - 145Q - 61210- 43313- 9- 08 1,000.00 Student Transportation 302- 140- HOME -1000 - 145Q - 61210- 43342- 9- 08 5,000.00 Travel Mileage 302- 140- HOME - 1000 - 145Q - 61210- 45551 - 9- 08 506.00 Supplement 302- 110- 0000- 0000- 179Q - 61100- 41129- 9- 01 53,005.00 Social Security 302- 110- 0000- 0000- 179Q - 61100- 42201 - 9- 01 4,977.00 Professional Services 302- 110- 0000- 0000- 179Q - 61100- 43313- 9- 01 7,689.00 Transportation 302- 110- 0000- 0000- 179Q - 63200- 43343- 9- 01 1,965,896.00 Internal Printing 302- 110- 0000- 0000- 179Q - 62180- 44450- 9- 01 9,640.00 Instructional Supplies 302- 110- 0000- 0000- 179Q - 61100- 46614- 9- 01 13,000.00 Other Operating Supplies 302- 110- 0000- 0000- 179Q - 64100- 46615- 9- 01 60,835.00 Non - Capital Tech Hardware 302- 110- 0000- 0000- 179Q - 68200- 46650- 9- 01 227,053.00 Supplement 302- 110- 0000- 0000- 180Q - 61100- 41129- 9- 01 29,400.83 Social Security 302- 110- 0000- 0000- 180Q - 61100- 42201 - 9- 01 2,249.17 Instructional Supplies 302- 110- 0000- 0000- 180Q - 61100- 46614- 9- 01 16,107.06 Non - Capital Tech Hardware 302- 110- 0000- 0000- 180Q - 68200- 46650- 9- 01 17,000.00 Technology Software 302- 110- 0000- 0000- 181Q - 68200- 46640- 9- 01 34,007.25 Instruction Teacher 302- 110- 0000- 0000- 182Q - 61100- 41121 - 9- 01 15,000.00 Instruction Teacher Aide 302- 110- 0000- 0000- 182Q - 61100- 41141- 9- 01 5,000.00 Supplement 302- 110- 0000- 0000- 182Q - 61100- 41129- 9- 01 658.00 Social Security 302- 110- 0000- 0000- 182Q - 61100- 42201 - 9- 01 1,580.35 Professional Health Services 302- 110- 0000- 0000- 182Q - 61100- 43311 - 9- 01 5,000.00 Transportation 302- 110- 0000- 0000- 182Q - 61100- 43343- 9- 01 40,000.00 Medical Supplies 302- 110- 0000- 0000- 182Q - 64100- '46605 9- 01 6,561.65 Instructional Supplies 302- 110- 0000- 0000- 182Q - '61100 46614- 9- 01 1,200.00 Supplement 302- 110- 0000- 0000- 1830- 61100- 41129- 9- 01 23,223.41 Social Security 302- 110- 0000- 0000- 183Q - 61100- 42201 - 9- 01 1,776.59 Communications 302- 110- 0000- 0000- 184Q - 68200- 45523- 9- 01 386,490.00 Janitorial Supplies 302- 110- 0000- 0000- 185Q - 61100- 46606- 9- 01 22,484.00 Material & Suppplies Other 302- 110- 0000- 0000- 186Q - 61100- 46615- 9- 01 50,000.00 REVENUE Federal Grant Receipts 302- 000- 0000- 0000- 145Q - 00000- 38196- 0- 00 $ 95,000.00 Federal Grant Receipts 302- 000- 0000- 0000- 179Q - 00000- 38000- 0- 00 2,342,095.00 Federal Grant Receipts 302- 000- 0000- 0000- 180Q - 00000- 38000- 0- 00 64,757.06 Federal Grant Receipts 302- 000- 0000- 0000- 181Q - 00000- 38000- 0- 00 34,007.25 Federal Grant Receipts 302- 000- 0000- 0000- 182Q - 00000- 38000- 0- 00 75,000.00 Federal Grant Receipts 302- 000- 0000- 0000- 183Q - 00000- 38000- 0- 00 25,000.00 Federal Grant Receipts 302- 000- 0000- 0000- 184Q - 00000- 38000- 0- 00 386,490.00 Federal Grant Receipts 302- 000- 0000- 0000- 185Q - 00000- 38000- 0- 00 22,484.00 Federal Grant Receipts 302- 000- 0000- 0000- 186Q - 00000- 38000- 0- 00 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: OZ4"C.� V& dj- City Clerk November 16, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, November 10, 2020, the Board respectfully requests that City Council approve the following appropriation request: New Appropriation Award Title IX, Part A McKinney -Vento Homeless Education Assistance Program 2020 -21 $95,000.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus Relief Fund (CRF) 2020 -21 $2,342,095.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Special Education Services and Supports 2020 -21 $64,757.06 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief Fund (ESSER) Fund State Set -Aside Award - Social Emotional Universal Screener 2020 -21 $34,007.25 Coronavirus Aid, Relief, and Economic Security (CARES) Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Summer Academic Academy 2020 -21 $75,000.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Instructional Delivery Supports 2020 -21 $25,000.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Governor's Emergency Education Relief (GEER) State Set -Aside Award - Virginia Initiative to Support Internet Outside of School Networks (VISION) 2020 -21 $386,490.00 ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Lutheria H. Smith Chairperson Dr. Eli C. S. Jamison Vice Chairperson Mark K. Cathey Laura D. Rottenborn Natasha N. Saunders Joyce W. Watkins Dick Willis Verletta B. White Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Members of City Council November 16, 2020 Page 2 New Appropriation Award Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Cleaning Supplies 2020 -21 $22,484.00 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Facilities Upgrade 2020 -21 $50,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton, Clerk pc: Tim Spencer Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action on Tuesday November 10, 2020 the Board respectfully requested that City Council appropriate funding as outlined in this report. This award supports the identification of, and provision of supportive services to, students who are experiencing homelessness. The program will be fully reimbursed by federal funds and will end July 31, 2021. This is a continuing program. The 2020 -2021 Coronavirus Aid, relief, and Economic Security (CARES) Act Coronavirus Relief Fund (CRF) provides emergency relief funds for addressing the impact of the conronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end December 30, 2020. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Special Education Services and Supports, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Social- Emotional Universal Screener, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Fund, Award - Summer Academic Academy, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Fund, Award - Instructional Delivery Supports, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Governor's Emergency Education Relief (GEER) Fund State Set -Aside Award - Virginia Initiative to Support Internet Outside of School Networks (VISION), provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Cleaning Supplies, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Facilities Upgrade, provides emergency relief funds for addressing the impact of the coronavirus pandemic on elementary and secondary schools in Virginia. The program will be fully reimbursed by federal funds and will end September 30, 2022. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget o c lish revenue estimates and to appropriate funding as outlined. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance N r Study COMMItteeto ReduceGun Violence Update for City Council November 16, 2020 f. Brief History .MM • Annual Public Safety update to Council • Conversation with City Manager and Mayor • Task Force Formation • Official Resolution • Meetings and Formation of Recommendations • Roanoke Remembers • Presentation to City Council of Recommendations • Resolution to form Study Committee to Reduce Gun Violence to develop recommendations into action steps • Community Stakeholder Meeting • Virtual Meetings of Study Committee and Working Groups (due to Covid -19) • Update to City Council on Top Priorities and Action Steps n Current Realities 2020 • 31 (78.4 %) victims and /or suspects with confirmed connection to a gang • 9 (17.6 %) victims and /or suspects with suspected connection to a gang • 11 (21.6 %) victims and /or suspects with no connection to a gang 10 GUN HOMICIDES 40 AGGRAVATED ASSAULTS 1 DOMESTIC AGGRAVATED ASSAULTS 73 ] L47, Safer and Healthier Neighborhoods: Top Priority 1. Interactive Community Story- telling Public Art Project Phase 1 includes a mobile, interactive chalkboard where people will be able to answer short questions about how they perceive the safety of their neighborhoods. Phase 2 will expand what we learn in Phase 1 through personal interviews. Additional Priorities: Bridging the Community Gap Event, December 10 and completion of Educational Video featuring "The Little Blue Truck" teaching K -3 values of self- worth, empathy and kindness in building healthy relationships. E�] E _67 Increase Strong Community Partnerships and Education: Top Priority Vetting curricula for best practices on educating youth on empathy in relation to prevention and intervention in trauma Work with Roanoke City Public Schools, a trauma - responsive school district, to understand the social emotional needs of Roanoke's youth. Social emotional learning is the process through which children and adults acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, show empathy for others, establish and maintain positive relationships, and make responsible decisions. Once RCPS has a broad understanding of our youth's SEL needs, we will be able to determine SEL programming for our larger community. Such programming will address the undercurrents of community violence with a particular focus on emotional growth, empathy, and healthy relationships in the valley. n T _ ReduceGang Activity, Violence, and Recidivism Top Priority �Y Reduce Gang Activity, Violence, and Recidivism: Top Priority Gang Violence Reduction To review and adopt a Comprehensive Gang Model to include specific strategies to raise awareness of and strategies toward reducing gang activity and violence. *Identify and review three comparable localities with successful gang prevention and reduction models *Identify persons in the community who have emerged from gangs and are working to mentor youth into multiple positive pathways to belonging and success •Create and train a mentoring team of these individuals to build relationships with youth *Hire a Youth and Gang Prevention Coordinator 79 Reduce Gang Activity, Violence, and Recidivism: Top Priority Recidivism Incarceration •Bring together community and regional re -entry program stakeholders to Recidivism determine if there is a coordinated comprehensive plan for offender reentry Efforts •Research and identify essential re -entry program needs for the Roanoke City Jail and Regional correctional facilities *Create an education program for employers in the City of Roanoke regarding the benefits of offering a second chance to offenders reentering the workforce •Review a summary of case law regarding child support and incarceration *Explore marketing opportunities around promoting the hiring of offenders reentering the workforce 710 L1 Increase Coordination of City Services and Planning: Top Priority To plan and implement a 24 -hour quick response and crisis intervention protocol for gun violence. *Work with RESET Grant Community Mitigation and Volunteer Coordinator *Create comprehensive list of services and resources available to families impacted by trauma *Create a virtual support group for victims of gun violence *Assist FEDUP organization to become 501 (c) 3 •Explore creation of safe houses for individuals and families experiencing effects of gun violence (partner with TAP DV model) 12 lip trip � t t NJji is 4. Increase Community En qaqemerrt and media Partnerships Top Priority 13 Increase Community Engagement and Media Partnership: Top Priority Create a branded public Virtual Strategic Planning influence, evidence- based Session, December 3, marketing redu�ceguno 2020, 9 -11 a.m. violence in the community 14 Why Community -Based Violence Intervention Programs Work? Potential to deter high risk individuals from engaging in violent acts involving firearms. Help to resolve potentially violent and /or deadly disputes before they occur. Connect them to education, employment, mental health, social, housing, and family services. El Summary The work of the Study Committee is long -term and is in collaboration with community stakeholders focused on prevention and intervention. This community wide effort is not a sprint, but a marathon and community ownership of this work is essential in its effectiveness Study Committee Members: Shakira Williams, Chair; Courtney Penn, Vice Chair; Taisha Steele, Secretary; Nicole Ross, Antwyne Calloway, Decca Knight, Rabbi Kathy Cohen, Natasha Saunders, Jordan Bell, Irisha Goodman, Rev. David Jones, Joshua Johnson, Bishop J.L. Jackson, Stacey Sheppard, Hannah Oakes, David Thomas, Dr. Mark Hamill, Rev. Tim Harvey, Anthony West, Vice Mayor Joe Cobb, Mayor Sherman Lea (ex officio) Community Stakeholders: Carilion Clinic, Roanoke Neighborhood Advocates, Goodwill Youth HQ, Youth Advocate Program, Roanoke Fire and EMS, Roanoke Police Department, Trifecta, TAP (Total Action for Progress), Roanoke Arts Commission, NuFocus Media, Family Service of Roanoke Valley, Points of Diversity, Roanoke City Public Schools, Boys and Girls Club of Southwest Virginia, The Foundry, Carilion Children's Clinic, Smart Solutions, Department of Social Services - Department of Child Support Enforcement, United States Attorney of Western Virginia, Dorcus Home, Youth Haven, Virginia CARES, Virginia Department of Juvenile Justice, Virginia Department of Criminal Justice Services, Council of Community Services, Carilion Trauma Services, FEDUP, MetaPeace Team Roanoke Valley, Roanoke Sheriff's Department, City of Roanoke � _/6 I Study Committee to Reduce Gun Violence Report to City Council Monday, November 16, 2020 — 2:00 pm session Priorities and Action Items — November 2020 Summary of Work to Date The Task Force to Reduce Gun Violence was created on June 3, 2019 by City Council in response to increased incidents of gun violence in our community. The task force, now called the Study Committee to Reduce Gun Violence, is comprised of members of the community including educators, health care professionals, trauma - informed professionals, law enforcement and first responders, youth mentors and citizens who lives are directly impacted by gun violence. The Task Force made its original recommendations to City Council on November 4, 2019. The Study Committee's purpose is to study, develop, and recommend strategies for consideration by City Council for implementation to reduce gun violence within the City of Roanoke. Additionally, our efforts are focused on creating meaningful, tangible and transformative programs and strategies designed to invest in our community's brightest and best resources — our children, youth and families — to provide multiple paths to success and ways to belong and grow that are life- giving and life- sustaining. The Study Committee convened Community Stakeholders on February 24, 2020 to identify and engage community partners in addressing the recommendations in five key areas: Safer Neighborhoods, Education, Reducing Gang Activity, Violence and Incarceration Recidivism, City Service and Rapid Response, and Communication and Marketing. Due to Covid -19, the Study Committee and Working Groups resumed meetings virtually in July 2020 to build out the recommendations into key priorities and action steps. Current Realities During every meeting we receive updates on local data from the Roanoke Police Department's I -Star crime analysis team regarding incidents of violent crime in our community, with a focus on incidents of gun violence. In 2020, we have seen a significant increase in incidents of gun violence, with 10 homicides, 40 aggravated assaults and 1 domestic aggravated assault related specifically to incidents where the victim was hit by gunfire.' This compares with a year -to date total of 13 homicides, 164 aggravated assaults and 48 domestic aggravated assaults.2 1 Gun Violence Data 11.12.2020, Roanoke Police Department, I -Star Crime Analysis Report, presented to Study Committee to Reduce Gun Violence. 2 Ibid. A three -year comparison where victims were hit by gunfire shows 8 homicides in 2018, 11 in 2019 and 10 in 2020. Aggravated Assaults were 36 in 2018, 23 in 2019 and 40 in 2020. Domestic Aggravated Assaults show one for each year.3 During our recent meeting on Friday, November 13, we received the following information related to incidents of gunshot violence with a confirmed or suspected connection to gang activity and violence: 51 Incidents of Gun Shot Wounds: 31 (78.4 %) victims and /or suspects with confirmed connection to a gang 9 (17.6 %) victims and /or suspects with suspected connection to a gang 11 (21.6 %) victims and /or suspects with no connection to a gang Through our community -based initiatives, combined with efforts in collaboration with the Roanoke Police Department, and the Office of the United States Attorney for Western Virginia, we are focused on a community -wide effort to focus on reducing gang activity and violence and make every effort to keep our community safe and a place where all citizens can feel safe, be healthy and thrive. Study Committee Working Group Top Priorities and Action Steps Safer Neighborhoods Working Group (Nicole Ross and Rev. Tim Harvey, Facilitators) Our primary purpose is to address the root causes that contribute to acts of violence and to create meaningful and transformative efforts that, with community engagement, will enhance Roanoke's priority of safe and healthy neighborhoods. These priorities are indicative of community -based programs that address prevention, strengthen and sustain relationships, and enhance neighborhood livability. TOP PRIORITY: Interactive Community Story - telling Public Art Project (in collaboration with Roanoke Arts Commission) to hear stories of citizens regarding community health and safety. We recognize that citizens of Roanoke have different perceptions of safety based on life experience, and we also believe in the power of storytelling to increase our understanding of what life is like wherever we live within Roanoke. By learning of how we as a city can deepen our understanding of community well -being and safety as a whole city, we hope to broaden our imaginations on how we might collectively rise above our challenges and build on our strengths. Action Steps: Phase 1 includes a mobile, interactive chalkboard where people will be able to answer short questions about how they perceive the safety of their neighborhoods. There will also be an opportunity to interact on a deeper level through a smartphone app or some other internet -based device. We imagine .. the chalkboard being available at neighborhood association meetings, the high schools, events at Elmwood Park, various libraries throughout the city, and other such public gatherings (when it is safe to gather). Phase 2 will expand what we learn in Phase 1 through personal interviews. The collected data will be presented on an interactive GIS map available for all citizens to use, learning about parts of the city with which they are unfamiliar and growing our mutual understanding of each other's lived experiences. Additional Priorities and Action Steps: • Annual Bridging the Community Gap Anti - Violence program, December 10, 2020 • Finish an Educational Video featuring "The Little Blue Truck" teaching K -3 values of self - worth, empathy and kindness in building healthy relationships. The video features community leaders as story tellers and will be available through Roanoke City Public Schools and our city libraries. Education Working Group (Taisha Steele and Decca Knight, facilitators) Create a city -wide, family educational program that increases child and youth self - awareness, confidence, love, and empathy in the value of human life, while incorporating nonviolent and peer- mediation based practices, through utilization of community partnerships. TOP PRIORITY: Vetting curricula for best practices on educating youth on empathy in relation to prevention and intervention of trauma related to gun violence. Action Step: Work with Roanoke City Public Schools, a trauma - responsive school district, to understand the social emotional needs of Roanoke's youth. Social emotional learning is the process through which children and adults acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, show empathy for others, establish and maintain positive relationships, and make responsible decisions. Social emotional learning is also a foundational aspect of a trauma - responsive community. RCPS is currently assessing the SEL needs of its students in an effort to properly align SEL curricula with student needs. Once RCPS has a broad understanding of our youth's SEL needs, we will be able to determine SEL programming for our larger community. Such programming will address the undercurrents of community violence with a particular focus on emotional growth, empathy, and healthy relationships in the valley. 91 Reducing Gang Activity /Violence and Incarceration Recidivism (Antwyne Calloway, Rabbi Kathy Cohen, facilitators) A focus on educating the community on the realities of gang activity and violence, along with addressing recidivism for returning citizens who are experiencing transformation, are two essential keys to reducing violent activity in our neighborhoods and city. TOP PRIORITY: To review and adopt a Comprehensive Gang Model to include specific strategies to raise awareness of and strategies toward reducing gang activity and violence. (Completion date: End of January 2021) Action Steps: • Identify and review three comparable localities with successful gang prevention and reduction models • Identify persons in the community who have emerged from gangs and are working to mentor youth into multiple positive pathways of belonging and success • Create and train a mentoring team of these individuals to build relationships with youth • Hire a Youth and Gang Prevention Coordinator to build relationships with youth in the community, create educational programs for community partners on practices to reduce gang activity and violence, train and coordinator mentoring program, and facilitate creation of supportive programs for youth including trauma resiliency and employment opportunities TOP PRIORITY: Incarceration Recidivism Efforts Action Steps: • Bring together community and regional re -entry program stakeholders to determine if there is a coordinated comprehensive plan for offender reentry • Research and identify essential re -entry program needs for the Roanoke City Jail and Regional correctional facilities • Create an education program for employers in the City of Roanoke regarding the benefits of offering a second chance to offenders reentering the workforce • Review a summary of case law regarding child support and incarceration • Explore marketing opportunities around promoting the hiring of offenders reentering the workforce City Services and Rapid Response Working Group (Shakira Williams, Stacey Sheppard — Facilitators) To fully increase city -wide engagement in reducing gun violence, an evidence - based, best practice model is needed. By adopting the Cure Violence public health model to guide the planning and implementation of a RAPID response and crisis intervention center. By providing persons' in crisis with an immediate confidant trained to listen, de- escalate, and connect with healthy resources, we can address simple hurts before they become major crises. This strategy will require the collaboration, cooperation, and coordination of all city services across the board. 2 TOP PRIORITY: Create 24 -hr Rapid Response Volunteer Team to provide wrap- around services for individuals and families impacted by incidents of trauma including gun violence Action Steps: • Work with RESET Grant Community Mitigation and Volunteer Coordinator in collaboration with City of Roanoke and Roanoke Police Department in response to events of trauma related to violence. The Rapid Response team is compiling a list of service providers and resources to leverage that will enable a coordinated 24 -hour community response. • Create comprehensive list of services and resources available to families impacted by trauma, along with a flyer for service providers to use for quick reference in contacting resources • Create a virtual support group for victims of gun violence • Partner with the VA VICTIM Fund to utilize resources in place for victims and families. Connections have been made and representatives are working with the Roanoke area team to better utilize state resources. The team recently reviewed resources and flyers provided by the VA VICTIM Fund • Assist FEDUP organization to become 501 (c) 3. This is a priority area as other areas of interest hinge on this endeavor, (i.e., go fund me accounts and memorial donations) • Explore creation of safe houses for individuals and families experiencing effects of gun violence (partner with TAP DV model). Sheltering and relocation needs are urgent in making sure families have options. This is a costly endeavor and includes options for hotel, moving expenses, fuel cost, bus tickets, train tickets etc. Communications and Marketing Working Group (Courtney Penn, Chris Turnbull — Facilitators) Communicating effective messages is paramount for community buy -in and positive community participation. Not only does communication need to be broad and comprehensive, it must be accurate, honest and proportionate. Likewise, changing attitudes towards gun violence is a long -term strategy that is most effective when programing, public perception and aspirations are in alignment. Therefore, we recommend the development and implementation of a comprehensive communication and marketing campaign designed to support the work of the task force and its partners to reduce gun violence in the city. TOP PRIORITY: Create a branded public influence, evidence -based marketing campaign to reduce gun violence in the community (Virtual Strategic Planning Session, December 3, 2020, 9 -11 a.m. facilitated by Chris Turnbull, with Working Group Leaders and Community Marketing Stakeholders) 5 Summary Why do community -based violence intervention programs work? By creating a community -based framework of response, we create the potential to deter high risk individuals from engaging in violent acts involving firearms, we help to resolve potentially violent and /or deadly disputes before they occur, and we connect persons to education, employment, mental health, social, housing, and family services that lead to transformation of lives. The work of the Study Committee is long -term and is in collaboration with community stakeholders focused on prevention and intervention. This community wide effort is not a sprint, but a marathon and community ownership of this work is essential in its effectiveness We are grateful for the hard work of the Study Committee members and all of our community stakeholders. We are also grateful for citizen input and engagement in this work. Together, we will create meaningful change that will reduce violence in our community. Study Committee Members: Shakira Williams, Chair; Courtney Penn, Vice Chair; Taisha Steele, Secretary; Nicole Ross, Antwyne Calloway, Decca Knight, Rabbi Kathy Cohen, Natasha Saunders, Jordan Bell, Irisha Goodman, Rev. David Jones, Joshua Johnson, Bishop J.L. Jackson, Stacey Sheppard, Hannah Oakes, David Thomas, Dr. Mark Hamill, Rev. Tim Harvey, Anthony West, Vice Mayor Joe Cobb, Mayor Sherman Lea (ex officio) Community Stakeholders: Carilion Clinic, Roanoke Neighborhood Advocates, Goodwill Youth HQ, Youth Advocate Program, Roanoke Fire and EMS, Roanoke Police Department, Trifecta, TAP (Total Action for Progress), Roanoke Arts Commission, NuFocus Media, Family Service of Roanoke Valley, Points of Diversity, Roanoke City Public Schools, Boys and Girls Club of Southwest Virginia, The Foundry, Carilion Children's Clinic, Smart Solutions, Department of Social Services - Department of Child Support Enforcement, United States Attorney of Western Virginia, Dorcus Home, Youth Haven, Virginia CARES, Virginia Department of Juvenile Justice, Virginia Department of Criminal Justice Services, Council of Community Services, Carilion Trauma Services, FEDUP, MetaPeace Team Roanoke Valley, Roanoke Sheriff's Department, City of Roanoke Meetings: The Study Committee meets virtually on the third Friday of each month. For more information visit: https: / /roanokeva.gov/ 2542 / Task - Force -to- Reduce - Gun - Violence N. Incidents Where Victim was Hit by Gunfire Jan 1 - Dec 31 Incidents Where Victim was Hit by Gunfire 2018 2019 Homicides 8 11 Aggravated Assaults 39 26 Domestic Aggravated Assaults 1 1 Incidents Where Victim was Hit by Gunfire Jan 1- Nov 11 Incidents Where Victim was Hit by Gunfire 2018 2019 2020 Homicides 8 11 10 Aggravated Assaults 36 23 40 Domestic Aggravated Assaults 1 1 1 Total Incidents Jan 1 -Nov 11 2020 2018 Gunfire 2019 Gunfire 2020 Gunfire Percentage of Incident Type 2018 Total 2019 Total 2020 Total Related Related Related Gunfire Related Homicides 11 8 12 11 13 10 76.92% Aggravated Assaults 162 36 1 135 23 164 1 40 24.39% Domestic Aggravated Assaults 50 I 1 1 29 1 48 1 1 2.08% Note: All numbers are based on the number of incidents, not the number of victims. KoanoKe ronce uepartment Roanoke City Firearm Related Incidents Jan 1 - November 11 2020 Y W C O Q'O OZ, u LF S'� 1'O NE Lu 81� r, MELRpSF Z 4 V NbV 9 02 Z • • Z O c_. • • �� M = o Z • Z m m SALEM TPKE fVW • • • 1 • • a I • Sy fNgND �� \0�P� Q. i • O • 3 ' S ME VJ ti3 ` ! __BRA'NDONAV t000S� MORIALAVES w 0� �O Q _IJ 0 Legend 10 GSW & Homicide GSW Homicide �? N r �cl �y P� 41 HAVE NW P VESE • ELM AVE SW Ln Ln 0 tr CPMPg�V` • H ' N Z, O' In z W ' W LL � n STS �L IQ ,, \ �2 �2F •, 1 f� �\SE AVE SE ...�. OP`E PVESE �\ 'ROSE RUT 1 • ROUGH RD SE i.. �o �P d• N Information generated from the following Department records and reports: Roanoke Police Department 0 0.425 0.85 1.7 Miles RACJIN, CAD -DSS; LRMS -DSS; Police -Pak; HOST; offense reports primarily Crime Analysis Unit, AWM UCR Part I offenses, Daily Bulletin, Internet ; Listserves LEANALYST I I and CRIMEMAP; Evidence Technician Reports and similar additional data obtained from outside resources such as other law enforcement agencies f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA t1' The 16th day of November, 2020. N0. 41914 - 111620. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board and increased inmate phone commissions revenue for a stipend to be paid to all sworn Sheriffs Office positions, amending and reordaining certain sections of the 2020 -2021 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Bonus and Separation Pay FICA Bonus and Separation Pay FICA Revenues Sheriff Inmate Phone Commissions 01- 140 - 2140 -1153 22,000.46 01- 140 -2140 -1120 1,683.04 01- 140 - 3310 -1153 73,193.75 01- 140 - 3310 -1120 5,928.75 01 -110- 1234 -0611 $ 97,423 01 -110- 1234 -1305 5,383 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1 a7. yx-J67 City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Stipend for State Compensation Board Funded Sworn Positions Background: The 2020 General Assembly Special Session I approved an amended budget which includes a one -time $500 bonus payment, effective December 1, 2020, to all Compensation Board funded sworn positions in sheriff's offices and jails. This salary bonus, and related 7.65% FICA cost, are applicable to those positions filled and funded as of December 1, 2020, and is 100% reimbursable by the Compensation Board. Considerations: The Roanoke City Sheriff's Office currently has 181 Compensation Board funded sworn positions, and an additional ten sworn positions that are not funded by the Compensation Board. The cost to provide the $500 stipend to Compensation Board funded positions is $97,423 and the cost to provide the stipend to the positions not funded by the Compensation is $5,383, which would be paid for in revenue generated for the use of tablet rentals by inmates. Recommended Action: Authorize a $500 stipend to all Sheriff's Office sworn positions to be paid on December 1, 2020, subject to the approval of the Compensation Board and Governor Northam. Adopt the accompanying budget ordinance to amend the Compensation Board revenue estimate in the amount of $97,423, and to appropriate funding of the same amount to the appropriate personnel expense in the Sheriff and .Jail operating accounts. - -- ` = -- ------- - - -- Timothy A. Allen Sheriff Distribution: Council Appointed Officers Robert S. Cowell Jr., City Manager Brent Robertson, Assistant City Manager for Community Development Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Stipend for State Compensation Board Funded Sworn Positions concur with the recommendation from Timothy A. Allen, Sheriff, to authorize a $500 stipend to all Sheriff's Office sworn positions to be paid on December 1, 2020. ------- ----------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Amelia Merchant, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41915 - 111620. A RESOLUTION naming and honoring The Resilient Spirit of the Star City as the City of Roanoke's 2020 Citizen of the Year, acknowledging the sacrifices and contributions made by the Citizens of Roanoke in response to the COVID -19 Pandemic. WHEREAS, Roanoke City Council honors all those who have continued to work in essential jobs, even though they may have wished to protect themselves by self - isolating at home; WHEREAS, Roanoke City Council recognizes all those who have helped and stayed in touch with their friends, neighbors, and loved ones; WHEREAS,. Roanoke City Council applauds all those who have learned and taken advantage of new technologies for work, entertainment, and communication with others in response to the impact of the pandemic; WHEREAS, Roanoke City Council calls attention to the commitment of all those who have helped to slow the spread of COVID -19 by following guidelines from the Governor of the Commonwealth of Virginia and the Centers for Disease Control and Prevention, by wearing masks, maintaining safe distances, and washing hands frequently; WHEREAS, Roanoke City Council commends school administration, teachers, parents, and others who have helped students embrace virtual learning; WHEREAS, Roanoke City Council appreciates all those who have donated their time or money to efforts to contain the virus; WHEREAS, Roanoke City Council regards the culmination of efforts listed in this resolution as evidence of Citizens' courage, perseverance, and spirit to respond dynamically to the difficulties experienced in our City as the result of a worldwide pandemic in the year 2020. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Council names and honors The Resilient Spirit of the Star City as the 2020 City of Roanoke Citizen of the Year, in recognition of the contributions made by Citizens to overcome challenges and respond to the needs of our Community during the COVID -19 Pandemic. 2. The City Clerk is directed to have published a copy of the foregoing resolution to the City's website. ATTEST: City Clerk. CECELIA F. MCCOY, CHIC 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: clerkCkroanokeva.gov November 17, 2020 Les and Brad Bowers 326 Tazewell Avenue, S. E. Roanoke, Virginia 24013 Dear Gentlemen: CECELIA T. WEBB, CHIC Deput} CRY Clerk I am enclosing copy of Ordinance No. 41916- 111620 permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located on Church Avenue, S. E., as more particularly described hereinafter. Paragraph 8 states that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat. Such plat shall combine all properties, which would otherwise dispose of the land within the right -of -way to be vacated, in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. Paragraph 9 states prior to receiving all required approvals of the subdivision plat, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Eight Thousand One Hundred Sixty Four Dollars ($8,164.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. Furthermore, the applicant shall, upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of Ordinance No. 41916- 111620 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Les Bowers and Brad Bowers November 17, 2020 Page 2 Lastly, If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2020, and is in full force and effect upon its passage. Sincerely, 0.44�j- VX4,esAt Cecelia F. McCoy, CMC City Clerk Enclosure pc: John N. Lampros, 1902 Cantle Lane, S. W., Roanoke, Virginia 24018 Chandler Mohan, P. O. Box 1646, Lake City, Florida 32056 -1646 Upper Church, LLC, 3505 Mud Lick Road, S. W., Roanoke, Virginia 24018 John Scott Stephens, 305 S. Front Street, Wilmington, North Carolina 28401 Hank & Healey, LLC, 3505 Mud Lick Road, S. W., Roanoke, Virginia 24018 West University, LLC, 1041 Greenway Court, Lynchburg, Virginia 24503 Southern Estates, LLC, 410 First Street, S. W., Roanoke, Virginia 24011 Deborah R. Breedlove, 402 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Chris Chittum, Director of Planning Building and Development Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Ian D. Shaw, Planning Commission Agent Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 4011119, 4011120, 4011121, 4011122, 4011502, 401 1503, 4011504, 4011505, and 4011506 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41916 - 111620. AN ORDINANCE permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located on Church Avenue, S.E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Les Bowers and Brad Bowers for Upper Church, LLC, filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of- way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on November 16, 2020, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing_ such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that: 1. The public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: End of the 400 block of Church Avenue S.E. approximately 6,803 square feet in area adjacent to nine properties identified as 0 Church Avenue SE, bearing Official Tax Map Nos. 4011119, 4011120, 4011121, 4011122, 4011502, 4011503, 4011504, 4011505, and 4011506, respectively, creating a new terminus along a line perpendicular to Church Ave S.E. starting at the northeast corner of Official Tax Map No. 4011506. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- 2 described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. 2. The applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat. Such plat shall combine all properties, which would otherwise dispose of the land within the right -of -way to be vacated, in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 3. Prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Eight Thousand One Hundred Sixty Four Dollars ($8,164.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. 4. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 5. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 6. If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. 7. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: &O'C� J-. 'ro,-� City Clerk. M �� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Application by Les Bowers and Brad Bowers for Upper Church, LLC, for street closure at the end of the 400 block of Church Avenue SE adjacent to 9 properties identified as 0 Church Avenue SE, bearing Official Tax Map Nos. 401 1 1 1 9, 401 1 1 20, 401 1 1 21 , 401 1 1 22, 401 1502, 401 1 503, 4011504, 4011505, and 4011506, respectively, creating a new terminus along a line perpendicular to Church Ave SE starting at the northeast corner of Official Tax Map No. 401 1 506. Recommendation The Planning Commission held a public hearing on Monday, November 9, 2020. By a vote of 7 -0, the Commission recommended approval of the vacation of right -of -way as requested, contingent upon the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall, as consideration pursuant to §1 5.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way, either give to the Treasurer for the City of Roanoke a certified check or cash in the amount of $8,164. 3. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 4. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 5. If the above conditions have not been met within a period of twelve (1 2) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (12) month period. Application Information: Request: Vacate the end of the 400 block of Church Avenue SE Applicant: Les Bowers and Brad Bowers for Upper Church, LLC City Staff Person: Wayne Leftwich, Senior City Planner Official Tax Nos.: Adjacent to Official Tax Map Nos. 401 1 1 19, 401 1 1 20, 401 1 1 21 , 401 1 1 22, 401 1 502, 401 1 503, 401 1 504, 401 1505, and 4011506 Site Area: 6,803 square feet Relevant Plans: Belmont Fallon Neighborhood Plan, 2003 Filing Date: August 10, 2020 Background: The western end of the 400 block of Church Ave SE has ended in a dead end since the construction of Interstate 581. The properties at the end of the street are vacant and are now owned by Upper Church, LLC. The dead end overlooks downtown and the adjacent properties are often afflicted with loitering and littering. In addition, dumping of trash often occurs along the steep slope on the North side of Church Ave SE. As a result, the applicant frequently has to cleanup in order to maintain the property at the end of the 400 block of Church Avenue SE. The applicant has installed some fencing to stop the flow of people onto private property and they have followed up with AEP and the City to maintain street lights to keep the area safe. However, the loitering and littering along the adjacent properties is still a burden to the property owners. Proposed Use /Development: Les Bowers and Brad Bowers for Upper Church, LLC propose to have the end of Church Avenue SE vacated so that they can incorporate the street into their other properties (Official Tax Map Nos. 401 1 1 19, 401 1 1 20, 401 1 121 , 401 1 122, 4011502, 4011503, 4011504, 4011505, and 4011506) and install a fence 2 around the properties to prevent trespass, littering, and dumping. The end of the street is approximately 6,803 square feet in area and is assessed at $8,164. The applicant has agreed to pay the value of the property and will combine the properties in a way to ensure frontage for all properties created. Considerations: The primary consideration in vacating a public right -of -way is any inconvenience that the vacation may create. Impact of Street Vacation to Public Accessibility Church Avenue SE dead ends on the western portion of the 400 block and does not provide access to other streets or other properties other than the vacant properties owned by Upper Church, LLC. Impact of Street Vacation to Public Services: The proposed vacation does not impact delivery of any city services or services from utility companies. Consistency with Comprehensive Plan: Vision 2001 -2020, the City of Roanoke Comprehensive Plan, supports maintaining neighborhood character. The Belmont Fallon Neighborhood Plan does not specifically addresses street closures but does identify issues the applicants are trying to address by closing the street as noted below. Policy /Action Appearance and security: The priority component of revitalization is making the neighborhood clean and safe. Litter and graffiti: Adopt a zero - tolerance policy on litter and graffiti. Eliminate vagrant "camps ": The city, VDOT (state), Norfolk Southern, and other property owners should close off access to hiding places for vagrants. Restrict access to underpasses, garages, overgrown lots, and vacant structures. Plan I Applicability to matter Belmont Fallon Neighborhood Plan', pg. 41 ' Belmont Fallon Neighborhood Plan, City of Roanoke, 2003 The area of Church Avenue SE is frequently plagued with loitering and litter. The sight has issues with graffiti and litter. The owners of the adjacent property wish to restrict access onto their vacant lots by constructing a fence enclosing their combined properties. 3 Policy /Action Regularly inspect alleys, streets, and properties and coordinate quick cleanup of problem areas Plan Applicability to matter The vacation of the end of the street will assist in the cleanup of this area. Belmont Fallon Neighborhood Plan puts an emphasis on improving the safety and cleanliness of properties in the neighborhood to help encourage revitalization. The vacation of the end of the 400 block of Church Avenue SE will help the owners of the adjacent property to restrict unnecessary access to their properties and help them support the cleanliness and safety of the neighborhood. Comments on Application: Public Utilities: Roanoke Gas was amenable to the vacation stating that no service lines or mains run between the properties. The Western Virginia Water Authority was amenable to the vacation stating that a 20 foot public waterline easement is required for the right of way to be vacated. No comments were received from Cox Cable, Verizon and Appalachian Power Company. City Departments: All City Departments are amenable to the vacation. lannina Commission Work Session: No comments. Public Comments: The Southeast Action Forum, Inc., sent a letter of support and appreciation for the applicant's interest in beautifying SE Roanoke. Planning Commission Public Hearin Planning Commission asked for clarification on the existing turnaround area and how that would change with the street vacation. Staff explained that there is a turnaround now but it is located on private property and the right of way for the street does not have width for a turnaround and the vacation of the street will not change the width of the right of way. El Conclusions and Recommendations: The vacation would not create an inconvenience and the application is consistent with the City's Comprehensive Plan and the Belmont Fallon Neighborhood Plan. The proposed vacated portion of street will be incorporated into the adjoining properties. Digitally signed by Tina M. Carr for Tina M. Carr Kant B. Atwood, Chair M cn =Tina M. Carr for Karri B. Ah,00d, Chair, o =City of B °an °ke, for Karri B. —Planning Commission, email= tina.carr @roaookeva.gov, Atwood, Chair c=US Date: 2020.11.1 2 10:14:15 - 05'00' --------------------------- Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Les Bowers Brad Bowers 5 .� APPLICATION STREET OR ALLEY VACATION ROANOKE Date: 08/06/2020 To: Office of the City Clerk ■ Original Application Fourth Floor, Noel C. Taylor Municipal Building ❑ Amended Application 215 Church Avenue, S.W. No. Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The proposed street vacations at the end of Church Avenue between Parcel 4011506 and Parcel 4011122 Upper Church LLC owns the properties on both sides of Church Ave. Proposed use of vacated street or alley: We would like to fence off the property to provide a safer working environment for the employees of Time Technolog es while keeping our property clean and trash free At this time there is no development plan Name of Applicant/Contact Person: Les! Brad Bowers Mailing Address: 326 Tazewell Ave. Roanoke, Va, 24013 Telephone. ( ) 3455940 Fax: ( ) 3446872 E-mail: bradbowers @timetechnologies com Appli t(s) i ure(s): 5 LLU LN U MONUMENT 0 DEEDED CORNER W • IRON PIN FOUND 2 h ICI WATER VALVE () LIGHT POLE � O B WATER METER GUY WIRE A- c WOODLAND PARK I - BLOCK 1 LOT 57 LOT 56 N7455100 E 128.73' LOT 55 PLAT OF SURVEY FOR h TIME TECHNOL OGIES, INC. ° SHOWING 0.1562 AC. OF CHURCH AVENUE, S.E. TO BE VACATED BY SEPARATE AGREEMENT LYING BETWEEN BLOCKS 1 AND 3 WOODLAND PARK -1 - - -_ DEED BOOK 195, PAGE 3 O x GG } % P� P 61 / Vr- w -__. —T w w— w— w— w - w w— w- ���° 0.1562 AC, } 6,80J S0. FT T PORTION OF CHURCH AVENUE, S.E. TO 3 4 BE VACATED BY SEPARATE AGREEMENT —CONC. CURB _ - - - - -- — .- DHUT4L _.. OHLlTlL - -__ ___ OHUTIL _ CONC. WALK S745500V 14340' COAC. WALK WALL I REMAINDER ;a COT 3 FLAG POLE IN CONC. ' MENT o LOT 4 LOT 5 WOODLAND PARK - BLOCK ,T LOT 6 HIGHWAY PLANS : 0581 - 128- 070,c501 °o CITY OF ROANOKE, VIRGINIA SURVEYED 07 -16 -2020 .4+ w - - - -- -- w -- JOB 04200044.00 o SCALE: 1" = 20' CHURCH AVENUE, S. E. (PLATTED WOODLAND AVENUE) 50' R/W S-320 i TO P.I. - 6TH SREET— "' yT H OF `r y Donald S. Haddon M LOT 7 o Lie. No. 3405 C' 07 -21 -2020 SURN REVISED 07 -21 -2020 ROW CONFIGURATION NOTES: 1. OWNERS OF RECORD: CITY OF ROANOKE , 2. LEGAL REFERENCE: DEED BOOK 195, PAGE 3, HIGHWAY PLANS : 0581 - 128- 070,c501 3. TAX MAP NUMBER: N/A 4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. 5. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY SUCH. DRAWN BY: DSH PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS jZ /� T � /]F ROANOKE /RICHMOND/ NEW RIVER VALLEY/ STAUNTON / HARRISONBURG / LYNCHBURG BA J �E CHECKED BY: MSS 12MCorporateCircle /Roanoke,Virginia24018/ Phone (540)772.9580 /www.belzer.cc &ASSOCIATES ACilpN10RU,,, July 29, 2020 Dear Mr. Bowers, Southeast Action Forum, Inc. 1101 Morningside St SE Roanoke, VA 24013 Email: seactionforum @hotmail.com Thank you for sharing information about your Church Avenue street vacation proposal with our Southeast Action Forum (SEAF) board members. We appreciate that you have taken this extra step to allow our board members the opportunity to provide input on your project before submitting it to the City of Roanoke for approval. You have maintained occupation of your property in Southeast for many years, despite ongoing challenges such as litter and theft. To address such problems, you have developed a plan of action to fence in your property and the proposed Church Avenue area in order to continue to improve Church Avenue, making it safer and more visually appealing. You do have the support of the SEAF board for your Church Avenue street vacation proposal. We are thankful for your interest in beautifying SE Roanoke and hopeful that the City of Roanoke will approve your proposal. Should you have any further desire for input or collaboration from the SEAF board, please feel free to contact me anytime. Regards, Sunni Purviance President, Southeast Action Forum Inc. CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date November 20, 2020 Date Category Description Ad Size Total Cost 11/1212020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised hE 1 x 288 L 2,69656 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 10/27, 11/03/2020 The First insertion being given ... 10/27/2020 Newspaper reference: 0001149708 Billing Representative Sworn to and subscribed before me this Friday, November 20, 2020 State of Virginia County of Hanover 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, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing planningf roanokev&gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, Please contact the City Clerk's Office, (540)853.2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emalling plannina_Zroanokeva.gov or by calling (540)853.1330 by noon, Friday, November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means ip the event the public hearing is conducted using electronic communication means. Writter comments of interested persons will b( received by the Secretarryy to th( Planning Commission at pianningc- roanokeva.go_v on or prior to 1:00 p.m Friday, November 6, 2020. Application by Les Bowers and Brac Bowers for Upper Church, LLC, foi street closure at the end of the 40( block of Church Avenue SE adjacent t( 9 properties identified as 0 Churct Avenue SE, bearing Official Tax Mal Nos. 4011119, 4011120, 4011121 4011122, 4011502, 4011503, 4011504 4011505, and 4011506, respectively creating a new terminus along a lin( Perpendicular to Church Ave SE starting at the northeast comer of Official Tax Map No. 4011506. Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District with a condition, and to rezone property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, hearing Official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed use District, and repeal the single condition related to operational use proffered as part of a Previous rezoning adopted through the enactment of Ordinance No. 40033 - 09U214. The land use categories Permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District Include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1.0. The Comprehensive Plan designates the property for office and residential use. The proposed land use for property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, is group care facility, halfway house, and the Proposed land use for property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, is any use permitted within the MX District. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarity and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease Permitted density in any district, unless otherwise noted: 1. Sec. 362 -311, Use table for residential districts, to delete Pet grooming as a permitted use in the RA district 2. Sec. 362 -315, Use table for multiple purpose districts, to add Transit station as a permitted use in the D district. Delete Blood bank or plasma center; Employment or temporary labor service; Office, general or professional, large scale; Flea market, indoor; Body Piercing establishment; Dry cleaning and laundry pick up station; Internet sales establishment. Janitorial services establishment; Pet grooming; Tattoo parlor; and Bus passenger terminal or station as permitted uses in all multiple purpose districts. 3. Sec. 362.322, Use table for Industrial districts, to add Transit station as a permitted use in the 1 -1 district To delete Office, general or professional, large scale; Pet grooming, Dry cleaning and laundry pickup station; and Janitorial services establishment as permitted uses in all industrial districts. Correct scrivener's error in table footnote. 4. Sec. 362327, Use table for planned unit development districts, to add Transit station as a permitted use in the MXPUD, INPUD and IPUD districts. Delete Blood bank or plasma center; Office, general or professional, large scale; Dry cleaning and laundry pick up station; and Pet grooming as permitted uses in MXPUD, INPUD, and IPUD districts. 5. Sec. 36.2 -405, Bed and breaFfast, homestay, and short-term rental establishments, to limit the number of homestays per property and to modify the requirement for the property owner or lease holder to occupy the property rather than a specific dwelling unit - 6. Sec. 36.2.410, Fences, walls, arhors. and trellises, to increase the minimum fence height in certain districts from 42 inches to 48 inches. 7. Sec- 36-429, Temporary usr, s, to ark) temporary, government or public services facility to permitter) construction- related activities. 8. Sec. 36.2.522, Zoning permits, to exempt certain small structures such as fences and small accessory structures, walls or swimming pools from requiring a zoning permit. 9. Sec. 361.647, Buffering and screening and Table 647.1. Buffering and Screening of Certain Uses and Activities to clarify screening requirements for ground mounted mechanical equipment and to expand an exemption to two - family dwellings. MSec. 36.2 -652, Minimum parking and Table 652.2, Required Parking Spaces, to delete references for uses that are being removed from the various use tables and add a reference for Transit station. 11.Appendix A, Definitions, to add definition for a Transit station, delete definitions for uses that were removed from the use tables and modify the definitions of Bus maintenance, including repair and storage, Business service establishment, Family, Flea market, Kennel, Laboratory, dental, medical or optical, Personal service establishment, and Retail sales establishment. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or may be obtained digltally by emailing planningWroanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on November 16, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 11, 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning' kroanokeva gov or by calling (540)853 -1330 by noon, Monday, November 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of Interested persons will be received by the Secretary to the Board of Zoning Appeals at Winning@ roanokeva.gov On or prior to 1:00 p.m.. Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Lincoln Avenue SW, bearing Official Tax Map No. 1530603, for a special exception pursuant to Section 362.311, Zoning, Code of the City of Roanoke (1979). as amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals (11497!)6) �4 r f; PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing plannin (,roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling (540)853 -1330 by noon, Friday, November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning aroa.nokeva.gov on or prior to 1:00 p.m., Friday, November 6, 2020. Application by Les Bowers and Brad Bowers for Upper Church, LLC, for street closure at the end of the 400 block of Church Avenue SE adjacent to 9 properties identified as 0 Church Avenue SE, bearing Official Tax Map Nos. 4011119, 4011120, 4011121, 4011122, 4011502, 4011503, 4011504, 4011505, and 4011506, respectively, creating a new terminus along a line perpendicular to Church Ave SE starting at the northeast corner of Official Tax Map No. 4011506. Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1.0. The Comprehensive Plan designates the property for office and residential use. The proposed land use for property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, is group care facility, halfway house, and the proposed land use for property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, is any use permitted within the MX District. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2 -311, Use table for residential districts, to delete Pet grooming as a permitted use in the RA district. 2. Sec. 36.2 -315, Use table for multiple purpose districts, to add Transit station as a permitted use in the D district. Delete Blood bank or plasma center; Employment or temporary labor service; Office, general or professional, large scale; Flea market, indoor; Body piercing establishment; Dry cleaning and laundry pick up station; Internet sales establishment, Janitorial services establishment; Pet grooming; Tattoo parlor; and Bus passenger terminal or station as permitted uses in all multiple purpose districts. 3. Sec. 36.2 -322, Use table for industrial districts, to add Transit station as a permitted use in the I -1 district. To delete Office, general or professional, large scale; Pet grooming, Dry cleaning and laundry pickup station; and Janitorial services establishment as permitted uses in all industrial districts. Correct scrivener's error in table footnote. 4. Sec. 36.2 -327, Use table for planned unit development districts, to add Transit station as a permitted use in the MXPUD, INPUD and IPUD districts. Delete Blood bank or plasma center; Office, general or professional, large scale; Dry cleaning and laundry pick up station; and Pet grooming as permitted uses in MXPUD, INPUD, and IPUD districts. 5. Sec. 36.2 -405, Bed and breakfast, homestay, and short-term rental establishments, to limit the number of homestays per property and to modify the requirement for the property owner or lease holder to occupy the property rather than a specific dwelling unit. 6. Sec. 36.2 -410, Fences, walls, arbors, and trellises, to increase the minimum fence height in certain districts from 42 inches to 48 inches. 7. Sec. 36.2 -429, Temporary uses, to add temporary government or public services facility to permitted construction- related activities. 8. Sec. 36.2 -522, Zoning permits, to exempt certain small structures such as fences and small accessory structures, walls or swimming pools from requiring a zoning permit. 9. Sec. 36.2 -647, Buffering and screening and Table 647 -1. Buffering and Screening of Certain Uses and Activities to clarify screening requirements for ground mounted mechanical equipment and to expand an exemption to two - family dwellings. 10. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to delete references for uses that are being removed from the various use tables and add a reference for Transit station. 11. Appendix A, Definitions, to add definition for a Transit station, delete definitions for uses that were removed from the use tables and modify the definitions of Bus maintenance, including repair and storage, Business service establishment, Family, Flea market, Kennel, Laboratory, dental, medical or optical, Personal service establishment, and Retail sales establishment. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or may be obtained digitally by emailing planning(d)roanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on November 16, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 11, 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning,Co),roanokeva.gov or by calling (540)$53 -1330 by noon, Monday, November 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at P_anning_�aroanokeva. aov on or prior to 1:00 p.m., Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Lincoln Avenue SW, bearing Official Tax Map No. 1530603, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, October 27, 2020, and Tuesday, November 3, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina.carr(o- )roanokeva. gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. NICCOV, CN1C 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(&_roanokeva.gov November 3, 2020 Les Bowers and Brad Bowers 326 Tazewell Avenue Roanoke, Virginia 24013 Dear Gentlemen: CECELIA T. WEBB, CNIC Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 9 at 1:30 p.m. This public hearing is in regard to your request for street closure at the end of the 400 block of Church Avenue, S. E., adjacent to nine properties identified as 0 Church Avenue, S. E., respectively, creating a new terminus along a line perpendicular to Church Avenue, S. E. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 16 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, wvNi.roanokeva.c_ov, under "Roanoke Planning Commission News ", following its meeting on Monday, November 9. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. 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 City Clerk Enclosure C'. Tina Carr, Secretary to the City Planning Commission CECELIA F. NICCOY, CMC 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,roanokeva.gov November 3, 2020 Dear Ladies and Gentlemen: CECELIA T. WEBB, CHIC Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 9 at 1:30 p.m. This public hearing is by the request of Les Bowers and Brad Bowers for Upper Church, LLC, for street closure at the end of the 400 block of Church Avenue, S. E., adjacent to nine properties identified as 0 Church Avenue, S. E., respectively, creating a new terminus along a line perpendicular to Church Avenue, S. E. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 16 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.goy, under "Roanoke Planning Commission News ", following its meeting on Monday, November 9. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. 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, CIVIC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties November 3, 2020 Page 2 pc: John N. Lampros 1902 Cantle Lane, S. W. Roanoke, Virginia 24018 Chandler Mohan P. O. Box 1646 Lake City, Florida 32056 -1646 Upper Church LLC 3505 Mud Lick Road, S. W. Roanoke, Virginia 24018 John Scott Stephens 305 S. Front Street Wilmington, North Carolina 28401 Hank & Healey, LLC 3505 Mud Lick Road, S. W. Roanoke, Virginia 24018 West University, LLC 1041 Greenway Court Lynchburg, Virginia 24503 Southern Estates, LLC 410 First Street, S. W. Roanoke, Virginia 24011 Deborah R. Breedlove 402 Tazewell Avenue, S. E. Roanoke, Virginia 24013 Norfolk Southern Railroad Three Commercial Place Norfolk, Virginia 23510 CECELIA F. NICCOY, CHIC 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: clerkCroanokeva.gov November 17, 2020 Dr. Kunal Joshi, M.D. Jordana Anderson, LSCW 706 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Dr. Joshi and Ms. Anderson: CECELIA T. WEBB, Ch1C Deputy CitY Clerk I am enclosing copy of Ordinance No. 41917- 111620 rezoning two properties (1) located at 1801 Patterson Avenue, S. W., 0 Patterson Avenue, S. W., 0 Patterson Avenue, S. W., from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District, subject to a certain condition; and (2) located at 1729 Patterson Avenue, S. W., and 0 Patterson Avenue, S. W., from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District subject to a certain condition; and repealing Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent that it placed a single condition on the property located on 1729 Patterson Avenue, S. W., and 0 Patterson Avenue, S. W., bearing Official Tax Map Nos. 1212309 and 1212310. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure PC: David W. Irby, 3422 Avenham Avenue, S. W., Roanoke, Virginia 24014 Richard Winstead, Winstead Estate Management, 920 Peaks View Drive, Moneta, Virginia 24121 Randolph Alfred and Annabelle Henry, 1722 Rorer Avenue, S. W., Roanoke, Virginia 24016 Blanton Properties, LLC, 5147 Meadow Valley Circle, Roanoke, Virginia 24018 C & A Investments, LLC, P. O. Box 383, Cloverdale, Virginia 24077 William and Selma H. Jones, 1730 Patterson Avenue, S. W., Roanoke, Virginia 24016 Matthew Belay, 1790 Harding Road, Blacksburg, Virginia 24060 Everett Leigh Morgan, LLC, P. O. Box 4288, Leesburg, Virginia 20177 Dr. Kunal Joshi, M.D. Jordana Anderson, LSCW November 17, 2020 Page 2 Katherine E. Degen, 1718 Patterson Avenue, S. W., Roanoke, Virginia 24016 CFR BEC, LLC, 11124 Kingston Pike #119 -242, Knoxville, Tennessee 37934 Billy R. Gunter, 1031 Palm Avenue, N. W., Roanoke, Virginia 24017 Morning Rays Recovery, LLC, 706 Campbell Avenue, S. W., Roanoke, Virginia 24016 Johnny L. and Jerrie L. Ginn, P. O. Box 356, Salem, Virginia 24153 Cathy L. Wilson, 1821 Patterson Avenue, S. W., Roanoke, Virginia 24016 Annie B. Waldron, 1818 Patterson Avenue, S. W., Roanoke, Virginia 24016 Jeffrey L. Elkins, 625 S Colorado Street, Salem, Virginia 24153 Helen M. Moore, 1806 Patterson Avenue, S. W., Roanoke, Virginia 24016 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Zoning Administrator Timothy Spencer, City Attorney Laura Carini, Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner 0-1� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41917- 111620. AN ORDINANCE rezoning two properties (1) located at 1801 Patterson Avenue, S.W., 0 Patterson Avenue, S.W., 0 Patterson Avenue, S.W., which is being rezoned from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District, subject to a certain condition; and (2) located at 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., which is being rezoned from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District subject to a certain condition; and repealing Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent that it placed a single condition on the property located on 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310; and dispensing with the second reading of this ordinance by title. WHEREAS, Kunal Joshi and Jordana Anderson, on behalf of Morning Rays, LLC, and Richard Winstead on behalf of Winstead Estate Management, LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at Official Tax Map Nos. 1312914, 1801 Patterson Avenue, S.W., 1312913, 0 Patterson Avenue, S.W., and 1312912, 0 Patterson Avenue, S.W., rezoned from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District, subject to a certain condition, as set forth in the Zoning Amendment Application, Amended Application #2, dated September 24, 2020; and to have the property located at Official Tax Map Nos. 1212309, 1729 Patterson Avenue, S.W., and 1212310, 0 Patterson Avenue, S.W.; rezoned from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District subject to a certain condition; and repealing Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent that it placed a single condition on property located on 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 16, 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 properties, and require the repealing of Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent it placed certain conditions on property located on 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310; and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided; and that the condition now binding upon 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., should be repealed as requested. 2 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 Nos. 1312914, 1801 Patterson Avenue, S.W., 1312913, 0 Patterson Avenue, S.W., and 1312912, 0 Patterson Avenue, S.W., be, and are hereby REZONED from MX, Mixed Use District to INPUD, Institutional Planned Unit Development District, subject to a certain condition, as set forth in the Zoning Amendment Application, Amended Application No. 2, dated September 24, 2020; and Official Tax Map Nos. 1212309, 1729 Patterson Avenue, S.W., and 1212310, 0 Patterson Avenue, S.W., be, and such properties are hereby REZONED from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District subject to a certain condition, as set forth in the Zoning Amendment Application, Amended Application No. 2, dated September 24, 2020. 2. Ordinance No. 40033 - 090214, adopted September 2, 2014, to the extent it placed a single condition on the property located on 1729 Patterson Avenue, S.W., and 0 Patterson Avenue, S.W., bearing Official Tax Map No. 1212309 and 1212310, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and two parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1 31 2914, 1 31291 3, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development, with a condition, and to rezone property located at 1 729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1 21 2310, respectively, from INPUD, Institutional Planned Unit Development, with a condition, to MX, Mixed Use District and repeal the single condition related to operational use and proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. Summary: The Planning Commission held a public hearing on November 9, 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, Hurt Park /Mountain /View /West End Neighborhood Plan, and Zoning Ordinance as the subject properties will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development with a Proffered Condition (1801, 0, and 0 Patterson Avenue SW) Rezoning and Amendment of Proffered Conditions (1 729 and 0 Patterson Avenue SW) Applicant: See owner listed below Owners: Kunal Joshi and Jodi Anderson, Morning Rays, LLC Richard Winstead, Winstead Estate Management Agent: Not Applicable City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 1801, 0, and 0 Patterson Avenue SW (hereafter 1801 Patterson) 1 729 and 0 Patterson Avenue SW (hereafter 1 729 Patterson) Official Tax No: 1312914, 1 31 291 3, and 1312912 (1801 Patterson) & 1212309 and 1212310 (1 729 Patterson), respectively Site Area: +/- 0.6888 acre and +/ -0.51 70acre, respectively Relevant Plans: Hurt Park /Mountain View /West End Neighborhood Plan Proposed Land Use: Group care facility, halfway house (1 801 Patterson) Uses as allowed in zoning district (1 729 Patterson) Future Land Use: Office and Residential Mix Filing Date: Original Application: ,July 27, 2020 Amended Application No. 1 : August 24, 2020 Amended Application No. 2: September 24, 2020 Background: The initial application filed by Kunal Joshi and Jodi Anderson focused solely on the property at 1 801 Paterson Avenue. Following concerns raised in the Planning Commission work session, the applicants worked with their neighbor, Richard Winstead, to expand the application to cover the properties on each side of 18 t h Street. The properties at 1 801 and 1 729 Patterson Avenue SW were built as single family homes in the early part of the 1900's on the northwestern and northeastern corners of Patterson and 1811 Street SW. After World War II many homes in the area were converted to multifamily dwellings. In 2005, a section of the neighborhood along Patterson Avenue that contained these large homes was rezoned to allow for residential and office use to spur appropriate redevelopment in the area. Both houses have had many uses over time. 1801 Patterson Avenue SW is located on the northwestern corner of Patterson Avenue and 18th Street. Most recently, the house at 1 801 Patterson was occupied as an office by Blue Ridge Behavioral Health and then vacant before receiving a special exception and certificate of occupancy for a group care facility, congregate home for the elderly in 2014. The number of residents was limited to eight in the certificate of occupancy. The new owner desires to operate a group care facility, halfway house within the existing developed building and site. However, the MX, Mixed Use District does not permit this use on the parcels. 2 1 729 Patterson Avenue SW is located on the northeastern corner of Patterson Avenue and 1 8th Street. The house at 1 729 Patterson was occupied as an office by Blue Ridge Behavioral Health from the mid -1990s and then, in 2007, the property use was changed to a group home. In 2011 the property use was changed to office. And, in 2014 the property was rezoned to INPUD, with a condition, to allow a group care facility, halfway house. As a halfway house has not been established on the property, the owner now desires to have the property rezoned back to MX to allow the broader range of uses permitted within the MX District on the parcels. In summary, the owners of the 1 801 Patterson desire to rezone from MX District to INPUD, with a condition, for a group care facility, halfway house. The required development plan shows no proposed changes to the existing buildings and site development on the property. At the same time, the owners of 1 729 Patterson have proposed to rezone from INPUD, with a condition, to MX. This action would effectively switch the existing zoning for the properties on each sides of the street. Proposed Use /Development: The subject property at 1801 Patterson was most recently used as a group care facility, congregate home for the elderly. The property use will change to a halfway house if the rezoning to planned unit development is approved. The exterior of the building is subject to H -2 Historic District Guidelines and no changes are currently proposed. The parking on the existing property will remain. The subject property at 1 729 Patterson is currently zoned INPUD specifically for a halfway house. The proposed change would preclude a halfway house in the future and allow for the range of uses permitted in the MX District. The exterior of the building is subject to H -2 Historic District Guidelines and no changes are currently proposed. Proffered Conditions: The applicant is requesting that the following proffered conditions be adopted as they pertain to 1 801 , 0 and 0 Patterson Avenue SW, Tax ID Nos. 1 31 2914, 1312913, 1312912 - 1 . There will be 16 or fewer residents living on the property at any given time and there will be rotating staff 24 hours a day. The applicant is requesting that the following proffered conditions regarding 1 729 Patterson Ave and 0 Patterson Avenue, enacted by Ordinance No, 40033- 090214 be repealed as it pertains to Official Tax Nos. 1212309 and 1212310: K I . There will be no more than eight (8) residents living on the property at any given time and there will be a staff person on the premises in a separate dwelling. Considerations: Compatibility with Surrounding Land Uses: The property is located along the mixed -use corridor of Patterson Avenue SW just before the street changes to commercial zoning to the west as shown on the attached zoning map except. The majority of the uses in the two block area surrounding the properties are single and multifamily residential dwellings. • To the north are vacant parcels, single - family detached dwellings, and two - family dwellings. • To the east are single - family detached dwellings and two - family dwellings • To the south are single family detached dwellings, two - family dwellings, and multi - family dwellings with Urban Flex zoning beyond. • To the west are single - family detached dwellings and two - family dwellings with general commercial and industrial zoning beyond. The future land use plan from the Hurt Park /Mountain View /West End Neighborhood Plan designates this area for office and residential mix. Applicability /Appropriateness of Proposed Zoning District: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. The purpose of the MX District is to accommodate residential uses, office uses, and support services within the same district. The intent of the district is that no retail sales uses be permitted and that the district facilitates a harmonious mixture of office and residential uses. The regulations of the district are intended to protect the character and scale of such a mixed -use development pattern by permitting low- intensity development at a scale that recognizes and respects residential patterns of development. The PUD plan for the property on the northwestern corner of Patterson Avenue and 1811 Street confirms that the existing development pattern on the three parcels will remain. The change to MX District of the property at the northeastern corner of Patterson and 18`h Street assures uses and development in keeping with the other mixed -use zoning of the Patterson Corridor. 12 Availability of Other Property_ There are no other properties in the immediate vicinity, other than those in the rezoning request, that are zoned for a halfway house and would allow this type of development. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Hurt Park /Mountain View /West End Neighborhood Plan recognize the need for the redevelopment for existing uses and sites to serve the needs of citizens and to support health and human services to support citizen needs. Simultaneously, the plans caution against concentration of pubic assisted housing and shelters in any given part of the City. The existing halfway houses within the City of Roanoke are located at: ■ 1 729 Patterson Avenue, SW ■ 1 109 Franklin Road, SW • 801 Shenandoah Avenue NW ■ 3003A Hollins Road NE • 402 4th Street SE ■ 2017 South Jefferson Street Policy /Action I Plan Applicability to matter NH P5. Housing choice. Comprehensive The housing options within The City will have a balanced, Plan', pg. 40 the overall rezoning request sustainable range of housing choices remain the same as the in all price ranges and design options halfway house moves to the that encourage social and economic northwest corner of Patterson diversity throughout the City. Avenue and 1811 Street while Concentration of federally subsidized, the property on the northeast assisted or affordable housing will be corner will now have the same discouraged. zoning uses and development standards as the remainder of the corridor. NH P8. Publicly- assisted housing. Comprehensive There are a number of Publicly- assisted housing efforts and Plan, pg. 41 existing transitional housing shelters will be of the highest quality and subsidized housing that enhances neighborhoods. developments in the Publicly- assisted housing and shelters neighborhood. However, will be equitably distributed in all within the overall zoning parts of the region. change proposed, only one halfway house will exist in this location, moving from the northeast corner to the northwest corner of Patterson Avenue and 1 8th Street. Vision 2001 -2020. City of Roanoke. 2001 Hurt Park/ Mountain /View /West End Neighborhood Plan. City of Roanoke 2003 5 Policy /Action I Plan I Applicability to matter PE P9. Health and human service Comprehensive Services to provide adequate agencies. Roanoke will support a Plan, pg. 84 transitions for citizens range of health and human services to recovering from substance meet the needs of Roanoke's citizens. abuse addiction are important to the City and supported by the comprehensive plan. Community Design Actions: Hurt Park/ The existing buildings on the Encourage office - residential mix: Mountain properties are governed by Change zoning to allow mixed office View /West End the H -2 District and any and residential uses in the H -2 District Neighborhood proposed changes to the on Patterson Avenue and in West End Plan z, pg. 42. historic buildings would to encourage rehabilitation, adaptive require ARB approval. reuse, and preservation of large, historic houses. Residential Development Policies: Hurt Park/ The proposed change would Diversity of Housing Options: Hurt Mountain keep the existing uses Park, Mountain View and West End View /West amongst the properties in should have a balance of single and End large existing buildings on the multifamily housing. Given the current Neighborhood site, just changing which uses housing stock, development of more Plan pg 42 are located on which property. multifamily low- income housing should be discouraged. Comments on Application: Planning Commission Work Session: Several items were discussed at the Planning Commission work session. The more technical items discussed were: corrections needed within the application, the desire for a clearer description of the treatment /support, level of care proposed versus what is provided in other areas of the City, etc. Also discussed was the concern about the number of residents within the facility, having two halfway houses on adjacent parcels within one neighborhood, and the proximity of other halfway houses within the overall community. The applicant amended their application to include the parcels on both sides of 18t1 street to address the issue of concentrating services in one area and to address the other previously noted concerns. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority; Fire; and Planning Building and Development Departments related to: water and sewer design requirements; fire code, building, subdivision, and zoning code requirements; and the permitting process. Public Comments: Holly Silvers, 1 706 Patterson Avenue SW, stated that she and several surrounding property owners were opposed to the addition of yet another treatment facility in their neighborhood. The Mountain View Neighborhood Association, in response to the original application focused solely on 1 801 Patterson Avenue, stated that the neighborhood supports social work and human services, however, they do not support the over concentration of such services within any one neighborhood. The neighborhood is currently witnessing a revival with the 1 3`h Street streetscape improvements, Roanoke River Greenway, Vic Thomas Park, Black Dog Salvage, improved water quality in the Roanoke River that allows recreational opportunities, Maker Mart, West End Center, Freedom First Credit Union, LEAP community kitchen, Mountain View Rec Center, a community garden, and more. The existing services at 1 729 Patterson Avenue, 824 Campbell Avenue, and 706 Campbell Avenue are already a lot within one community. Although the neighborhood thinks that supporting recovery from substance abuse is important, there is already enough of that use type within the neighborhood and they do not support the rezoning. The Mountain View Neighborhood Association, in response to Amended Application No. 2, stated that they met and discussed the project and no longer have consensus as a group. As such, they have decided to take no action as a group and leave the decision on the rezoning up to the Planning Commission and City Council. Public comments were received after the staff report was written and the summary was read at the Planning Commission public hearing as listed below: Michelle Markham, Patterson Avenue, stated that although she did not oppose the previous transitional living facility that she does not support an additional transitional living facility in the neighborhood. She states that the transitional living facility previously operating at 1 729 Patterson Avenue has moved to 1405 Patterson Avenue and that in conjunction with the one proposed at 1801 Patterson Avenue is too many in a concentrated three block area that will discourage continued rehabilitation of the homes in the area. Holly Silvers, 1 706 Patterson Ave SW, stated that she and her husband, Michael Stamper, purchased their home four years ago and have worked to rejuvenate it along with others in the neighborhood. She stated that she opposes the rezoning of 1 801 Patterson to INPUD for the following reasons: up to 48 drug addicted persons will rotate through the facility yearly; it would create three halfway houses in one area at 1405, 1729, and 1801 Patterson; the owners of 1801 Patterson have handled their transaction poorly and could be assumed to continue to do the same in the future; it will disrupt the revitalization in the neighborhood by decreasing the desirability of the neighborhood to future 7 property owners; the unclear nature of the particular manner in which the halfway house is to be run; they will not be able to meet ADA regulations for the facility proposed; and it would stymie the current revitalization of the diverse neighborhood. Michael Stamper, 1706 Patterson Avenue SW, stated that he is opposed to rezoning 1 801 Patterson Avenue to INPUD to enable the use for a half -way house as allowing a halfway house here will have a negative impact on the families and young professionals in the surrounding single - family homes. He stated that 1 729 and 1 801 Patterson cannot comply with the requirements of the ADA and will therefore discriminate against individuals unless they make extensive modifications to the buildings and sites. Mr. Stamper states that he is a Certified Professional in Accessibility Core Competencies (CPACC) issued by the International Association of Accessibility Professionals (IAAP) [and has a good understanding of the ADA laws. Although not an architectural expert, he states that there are likely a few exterior modifications the applicant will need to identify, address, and comply with such as follows: entrances will need to be widened, doorways will need ramps, railings will need to installed, parking lot needs regraded, the rear entrance will need to have awning removed to make room for vehicles with extending ramps, exterior sidewalks (on 1801 's property) will need to be widened, perhaps regraded and railings installed, etc. Matthew and Ginger Belay, 1 726 Patterson Avenue SW, state that they bought the property in 2018 and spent two years remodeling every aspect of this home inside and out before renting it this July to three professionals. Having grown- up in the area, he previously would not have been willing to invest in property here, but two years ago could see that a real effort was being undertaken by the residents of the 1 700 block to revitalize it. The proposal to rezone the property at 1801 Patterson would undercut the efforts of many people who have collaborated together in an effort to make this a thriving neighborhood again. What is being proposed is a business, but it is not a business that promotes community. Neither they nor their tenants will ever go there and meet other neighbors. This business does not support our community. Instead, it brings a large number of short term tenants that have no investment into the neighborhood. They think many neighbors would support a zoning change for a business that could be a meeting place and support the needs our community. But unfortunately what is being offered can only serve the needs of that particular business that wants to come in at the expense of a community that is just beginning to blossom. Megan Shogren, lives on Patterson Avenue and stated that the proposed rezoning of 1801 Patterson Avenue would be detrimental to the neighborhood and discourage the continued revitalization that has been taking place. The concentration of facilities in this neighborhood will deter new home - buyers who would want to restore and care for these historic houses. She has enjoyed seeing neighbors moving in and renovating these lovely homes and believes this area has a lot of growth potential if we don't sabotage it. : Public Hearin As noted above, public comments were received after development of the staff report to the Planning Commission that were summarized to the Commission at the public hearing. These comments generally related to: • Concern over multiple halfway house uses within the neighborhood • ADA requirements requiring changes to the buildings and site The Commission discussed the comments and asked questions of staff. This discussion confirmed that: • The proposal before the Planning Commission would continue to allow only one halfway house use in the neighborhood. • The property at 1405 Patterson Ave SW is not zoned for a halfway house use nor has Code Enforcement seen evidence of such use there. • ADA requirements will be reviewed during the certificate of occupancy process. • The halfway house use is allowed only in the RM -2 and RMF districts by special exception and the INPUD district by right, all of which require a public process as part of an approval. • There is currently and would continue to be a general distribution of halfway houses throughout the City of Roanoke without an overconcent ration in any one area. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with the Vision 2001 -2020 and the Hurt Park/ Mountain View /West End Neighborhood Plan. The proposed change allows for the existing zoning uses on the two opposite corners of Patterson Avenue and 18`h Street to be switched to the opposite sides of the corner. Effectively, the zoning for the overall parcels remains the same with only the location of the exact zoning district changed. This allows for a needed halfway house service to be provided to the community without increasing the potential number of such facilities in the immediate neighborhood. Digitally signed by Tina M. Carr for Kam B. Atwood, Chair Tina M. Carr DN cn =Tina M. Carr for Kard B. Atwood, Chair, o =City of �/ for "arri B. Roanoke, oo= Planning Commission, Atwood, Chair email= tina.earr @roanokeva.gov, =US Date: 2020.11.12 10:35:39 - 05'00' Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development 0 Ian D. Shaw, Planning Commission Agent Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Kunal Joshi and Jodi Anderson, Morning Rays, LLC Richard Winstead, Winstead Estate Management 10 r v r Q •- cO G cn rn c7 cl� M N C Ln cn r r M O co N r C N N C ! (y r r cv O ! "CJ C •- � 7 O _ ! MO r M tff 1 N ! cn N J ! N N ! ! O r M ( V M 10 N m ^ p N r ^© M N co co G M O ... M- r W N M co � M 4�i ch M CN U7 y N_ h: O N Q) N � O N M r a O M M c0 N m N M N N o 0 0) � COO r en m M C M C7 O N N O M Qf N N .^ M r n 00 r O u O r 00 to co M UD r ,� M � 6I cn pA.:- ..M M r- r3 _� €� €s a �$ as € so z< cN� s cq c d C 01 > M .7 Q N a C a c` �! V J 4 0[ K T C of K pp a ua`�V c g 02 V G' toi Q K U a' V C N Oop C 1' O 7 V C W a Y 'J m W Co C14 01— M G a d Q C lC �% # s ` y u e s t�iS a d 0 LL (L d. M M i rg i 3 4 a a €L a8 00 Q X f— O O Q r' N ~ Z rn r fa L1 a _! - c4 ° fff a a p CN C,4 C~ r r G m Z < iu u uu um v u� 0 3= .0 Y .0 = ��� as nY O 0 f°�a�� NpNV ++ r LL O LL co =0 (p 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 q. 2 q. a0ao Request (select all that apply): Click Here to Print Submittal Number: N Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional N Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property Information: Address: 1901 a e -r6or\ AVe_ K W no Ke VA 2 al to, o I-121 Pattcr5on Ave Rt)ar\OKe, VA aqt Official Tax No(s).: F1 Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District K0 . 6 n Existing MV (� C (Q�bf Pa!kr6or� ❑ Without Conditions W�fha ft eorrl. �Paf{creono t�citf� Zoning: - F-1 With Conditions t 7 29 �t� n . -7VpQD WjCL� p �Q4{ _r, n ❑ Planned Unit Development Requested TAl-_)LAD C 1 (30( a r's° ❑ Without Conditions Zoning: vv /COND o fDatt- r�n)0`� t ❑ With Conditions W CO ( 1-12,1 Oul Pat�cr Mk U�t 1 ND 0 QQt�crso j �❑ Planned Unit Development Pro a Owner Information: t`�tchca`z( w' tcr�- P�Y v� � n��d �s�ta -� Ma Applicant Information (if different from owner): Ordinance -{0033 -090 Z I { No(s). (If applicable): Proposed Land Use: Cl 14 w aig 4 Z o i�catT� V «w DR 54 2 02 2_ Monc1ta VA 2q 121 Phone Number: 5 0_ �00 ^913c{ E -mail �5 G verror,. nCT rvv1r'&4-mil C1955@"l. corn Name: [ I Phone Number: Address: E -mail: A,,,,' Signalt�, Authorized Agent Information (if applicable): Name: C_ _ _ Phone Number: Address: E -mail: Sxjnatum Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 (b) Applicant's Written Narrative: a. Description of the Proposed use and Development of the Property: Jordana Anderson and Kunal Joshi have formed Morning Rays, LLC and have purchased the property at 1801 Patterson Ave, Roanoke VA 24016. The current zoning is Mixed Use, MX, without conditions. The proposed zoning is INPUD, Institutional Planned Unit Development. The proposed use is group care facility, halfway house. The intended purpose of this purchase is to create a Department of Behavioral Health and Disabilities or DBHDS licensed, low intensity treatment facility, coded as an ASAM (American Society of Addiction Medicine), 3.1 level of care. This facility is primarily to provide structure and guidance for people who have come out of a substance abuse treatment facility or who are currently being treated for a substance use disorder and who meet the criteria for low intensity treatment and housing. A typical client would be someone who has completed 30 days of treatment at a facility such as Mt. Regis and who is in need of continued treatment, guidance and support at a lower level of care. This level of care is now called Transitional Living. The goal of this intermediate level of care is to increase chances of success in long term recovery and indeed, the only predictive measure for success in recovery is the length of time spent in treatment. The goal is to teach each individual how to be productive members of society while living in the community. We foresee the average length of stay as being from 4 to 6 months. We will be working from day one to establish individualized treatment plans which will meet the client where they are at and will help with various objectives in achieving independence and long -term success. The mission statement, philosophy and daily schedule is attached. We are seeking an R4 certificate of occupancy which allows for 16 individuals. This service will include case management, intensive outpatient programming, group therapy, individual therapy, and medication management. We will have a psychiatrist on staff as well as the medical director, Dr. Joshi. Some of these services may be provided in conjunction with services offered at 706 Campbell Ave where we offer outpatient services and they would be part of a continuum of care. The development of the property will be contained to the interior of the building. There will be no exterior modifications nor any additional exterior development of the property or adjacent lots. The property at 1801 Patterson is currently zoned as Mixed Use. Section 36.2 -314 says "The purpose of the MX District is to accommodate residential uses, office uses, and support services within the same district. The intent of the district is that no retail sales uses be permitted and that the district facilitates a harmonious mixture of office and residential uses. The regulations of the district are intended to protect the character and scale of such a mixed -use development pattern by permitting low- intensity development at a scale that recognizes and respects residential patterns of development." "The Anderson & Associates, LLC Dr. Kuna) Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed -use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes." There are several uses that both zones allow simultaneously. These are: dwelling, multifamily (to include 10 or fewer dwelling units); group home; medical clinic; office, general or professional, office, general or professional, large scale; live -work unit; mixed -use building; studio /multimedia production facility; personal service establishment, not otherwise listed in this table; community center; park or playground; community garden; daycare center, adult; fire, police or emergency services; government offices or other government facility, not otherwise listed; library; museum; parking, off -site; utility distribution, basic; wireless telecommunications facility, small cell on existing structure; wireless telecommunications facility, stealth; and accessory uses, not otherwise listed in this table. We intend to use this property as a group care facility, halfway house. We are simultaneously seeking an R4 certificate of occupancy to include 16 or fewer residents at any one time. We understand that the property located adjacent to 1801 Patterson Ave, 1729 Patterson Ave, is already zoned as an INPUD. We are also aware that having two INPUD's zoned so closely together with both being specified as a group care facility, halfway house, has raised concerns in the community. We have therefore spoken with the owner of 1729 Patterson Ave, Mr. Richard Winsted and he has agreed to simultaneously request a rezoning to MX use which would address any community concern regarding the density of facilities which treat substance abuse in the area. The current tenants at 1729 Patterson will be vacating the premises by the end of September as their lease has terminated. We are deeply aware of the community concern as well as the concerns as to how this would impact property values. We are suggesting that the current proposition of switching the uses of 1729 and 1801 Patterson Ave would not impact the community as it would virtually be identical to the zoning that is now in place. We have read the comprehensive city plan and are acknowledging that it expressly discouraging a density of substance abuse treatment facilities in one area. With the rezoning of 1729 Patterson Ave back to MX use, we are suggesting that the opportunity for community growth such as offices or apartments will be realized while eliminating the intensity of treatment facilities in one area. b.Justification of the Change: We are aware of the growing issues with both opiate addiction and overdoses in the Roanoke and surrounding areas. Overdose deaths have continued to climb, and they have doubled since the current Coronavirus pandemic in the Roanoke area. There are currently no 3.1 levels of care available anywhere NA Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 in the Valley. This level of care allows for treatment as well as housing while the individual becomes a stable, productive member of the community. The lack of housing for individuals while they attempt to gain a foothold in early recovery is one of the biggest deficits in the current attempts to treat addiction and as noted, the combination of housing, along with structured treatment, outside of the Department of Corrections, is non - existent in the Roanoke area. The usage of this building has historically included providing community based social services including Blue Ridge Behavioral Healthcare when this property was entitled The Ingram House as well as when a special exception to provide elderly care in a group home setting was granted in 2016. The applicants are not deviating in general from prior usages of this property and we are increasing the level of accountability to the community, to the city, and to the state. We also acknowledge that at one time, the 24016 -area hosted three residential treatment facilities operated by Blue Ridge Behavioral Healthcare. These were Shenandoah Recovery which was a 30 -day inpatient facility, Multilodge which was a 90 -day program and Hegira House which was located at 1435 Patterson Avenue and which was an 18 month long intensive treatment program. These programs were lost when Medicaid stopped funding substance abuse treatment approximately 2 decades ago. Due to the Affordable Care Act and the national opiate epidemic, substance abuse treatment is again available and desperately needed. The need is evident, and we believe that every community has a responsibility to its members to identify and address these needs. We understand that people suffering from mental health and substance abuse issues present potential problems to any community and the toll on society is staggering. We understand that there is resistance to inviting these problems into one's community. We are suggesting that these problems already exist in the community and that they can be addressed objectively, compassionately, and directly. c. Effect of the Proposed Amendment on the Surrounding Neighborhood: There is no perceived change to the surrounding area or neighborhood that would be brought about by the proposed amendment. The property in question consists of 2 additional lots one of which contains 30 parking spaces and one of which is an empty field. The applicants will not be changing any traffic patterns nor will there be a significant increase in the use of the public roadways. The applicants suggest that this will invigorate the community and will only enhance the southwest area of Roanoke. d. Availability of Other Similarly Zoned Properties in the General Area and in the City: 3. Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 The property at 1729 Patterson is designated INPUD, Institutional Planned Unit Development and the use is group care facility, halfway house. The certificate of occupancy allows for 8 people. Although the treatment of substance abuse is allowed at 1729 Patterson Ave, it is not being provided. Bethany Hall is located at 1109 Franklin Road and it is a residential treatment facility for women, and it is one of the only facilities that focuses primarily on pregnant women. The fact that it treats substance abuse makes it similar to what is being proposed at 1801 Patterson Ave, but Bethany Hall provides a higher level of care, allowing residents to meet a 3.5 ASAM level of care which is more intensive. It does not serve men. The Dorcus House at 801 Shenandoah Ave is a 35- bed re -entry program for men coming out of the state prison system and is zoned as a Group Care Facility/ Halfway House Continuation of a legally stablished nonconforming use. It does not provide substance abuse treatment nor does it focus primarily on residents who live and work in the Roanoke area. The applicants believe that we are providing a unique service and that it is a service that is desperately needed. We will be staffed by professionals 24 hours a day and we have both a psychiatrist and a doctor on staff. We have no relationship with the department of corrections, and we will serve people from the community. We will also provide jobs and our goal is to help the community. We understand the fears about crime and drugs, and we believe that people can recover and become productive responsible members of the very community in which they live. There are no other 3.1 levels of care in Roanoke city or county and we believe that other communities will look to this neighborhood as examples of progress and hope. It is out honor and privilege to start this community -based living facility at 1801 Patterson. e. Relationship of the Proposed Amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan: It is understood that a new Comprehensive Plan is underway. The current plan actually provides a picture of 1801 Patterson Avenue and it says "While people moved from traditional neighborhoods to outlying suburbs during the last half of the 20th Century, many people are now seeking out these older neighborhoods for their sense of community, physical attractiveness, and convenience. As more people begin to reject long commutes, over reliance on the automobile, and the lack of community that go along with conventional suburban development, neighborhoods such as Hurt Park, Mountain View and West End are ripe for revitalization. Vision 2001 -2020 promotes the development of "neighborhoods as villages," with a compact urban form accompanied by village center commercial uses that encourage pedestrian activity and a sense of community. Promoting the characteristics of traditional neighborhood 11 Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 design that exist in Hurt Park, Mountain View and West End is key to the revitalization of neighborhoods throughout the City. The portion of Patterson Avenue in the H -2 District is proposed for a mix of office and residential uses. Currently the base zoning of this area is RM -2. By allowing offices in addition to residential uses, the market will be open to a greater range of opportunities. Offices usually produce a greater rate of return than residential properties, and they are not intrusive upon the residential character of an area. The population of Hurt Park, Mountain View, and West End has remained steady with only a slight increase since the 1990 Census. The area experienced substantial increases in the number of younger and middle age populations, while the number of younger adults and the elderly decreased. Within the traditional development pattern of the Hurt Park neighborhood is the H -2 Neighborhood Preservation District along both sides of Patterson Avenue from the middle of the 1300 block to 19th Street. Most of the houses on this street are large, mansion -like structures that were originally built for Norfolk and Western executives early in the 20th Century. On the northern side of the street, some of them still feature stone retaining walls with steps and walkways from the sidewalk. The lots on Patterson Avenue are larger than in the rest of the area. The Hurt Park Housing Development is the only major apartment complex in the area." The applicants understand the current Comprehensive City Plan discourages similar types of mental health and substance abuse services being in close proximity to one another and we suggest that proximity to a similar setting hardly seems a justification to thwart treatment efforts especially in a part of the city which is well known for its prolific substance use issues. We are acknowledging the need to identify and treat residents in their own backyard. We believe that we can make a difference and the presence of the proposed facility will only enhance and invigorate the West End /Hurt Park District. It is our goal to allow people to become productive members of the society in which they live. It is our belief that people do recover and that they give back in ways which are profoundly invigorating and healing to the community. The Comprehensive Plan also states that: The portion of Patterson Avenue in the H -2 District is proposed for a mix of office and residential uses. Currently the base zoning of this area is RM -2. By allowing offices in addition to residential uses, the market will be open to a greater range of opportunities. Offices usually produce a greater rate of return than residential properties, and they are not intrusive upon the residential character of an area. Rezoning Patterson Avenue to a mix of residential and office uses will allow more flexibility to enable revitalization." 5. Anderson & Associates, LLC Dr. Kunalloshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 The applicants suggest that the rezoning of 1801 Patterson Ave will do just that. We intend to provide a place of business that will provide job opportunities to those in the community and that will increase the value and the sense of community to the Hurt Park District. We will look to employ approximately 10 individuals from the community including peer support specialists, case managers, residential aids and groundskeeping. We also intend to collaborate with existing agencies in the area such as the health department, TAP, churches, financial planning, DMV, etc., to help in providing services for the residents. As notes above, we will also be providing psychiatric and minimal medical treatment to our residents with doctors' offices located on premises. In specific regarding Patterson in the current city plan: "Patterson Avenue is in the heart of the area and is an arterial street that connects 24th Street to Campbell Avenue and downtown. it is a large boulevard that measures 70 feet wide with 40 feet of pavement for most of its stretch between Campbell and 13th Street. West of 13th Street it is 100 feet wide with 40 feet of pavement. Along this section of the street, the additional right -of -way consists of sidewalks and 20 -foot wide planting strips. As a central point of the neighborhood and a highly visible street, the function and appearance of Patterson Avenue is crucial to the area's revitalization and is a high priority in this plan." The applicants are invested in maintaining the integrity of this historic landmark while providing landscaping and upkeep that is congruent with city planning. The city plan also recommends offering a diversity of housing options while discouraging low income multifamily housing. It encourages home ownership. It is part of our agenda to provide financial counseling to our residents and to collaborate with local businesses to provide economic opportunities to our residents including home ownership. We also reiterate that the housing opportunity that we offer is unique to this area and it will blend into the community. The plan states that it would be beneficial to "Change zoning to allow mixed office and residential uses in the H -2 District on Patterson Avenue and in West End to encourage rehabilitation, adaptive reuse, and preservation of large, historic houses." We intend to do just that. (c) Concept/ Development Plan Please find a copy of the development plan for 1801 Patterson Avenue Roanoke VA 24016. There are no proposed changes to the existing plat. The plat attached will be left exactly as it is now with any and all changes made exclusively to the interior of the building. The plat attached meets the requirements for a planned unit development according to Ordinance 36.2 -326. We do not anticipate any change in the W Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 traffic flow as we will be housing no more than 16 people most of whom will be using public transportation. The number of staff working at the facility will not impact traffic flow and the 30 space parking lot adjacent to the building will be more than adequate so there will be no need for on street parking. I. Anderson & Associates, LLC Dr. Kunal Joshi, MD lordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 (d) Written Proffers To Be Adopted The applicant hereby requests that the following proffered conditions be adopted as they pertain to 1801 Patterson Ave, Tax ID No's 1312914, 1312913, and 1312912: 1.There will be 16 or fewer residents living on the property at any given time and there will be rotating staff 24 hours a day. r� Anderson & Associates, LLC Dr. Kunal Joshi, MD Jordana Anderson, LSCW 706 Campbell Ave Roanoke VA 24016 Ph. 540.400.7841 Fax:540- 400.8177 Proffered Conditions to be Repealed: The applicant hereby requests that the following proffered conditions regarding 1729 Patterson Ave and 0 Patterson Ave, enacted by Ordinance No. 40033 - 090214 be repealed as it pertains to Official Tax No.'s 1212309 and 1212310: 1. There will be no more than eight (8) residents living on the property at any given time and there will be a staff person on the premises in a separate dwelling. I 1 I 1 TAX 0312906 TAX 11312904 , TAX /1312905 , PROPERTY OF TAX /1312907 , PROPERTY OF PROPERTY OF al1Y R DIRTIER PROPERTY OF 1 CFR WC LLC 1 BILLY R. GLW7ER 1 WSTRUWVT 1180007726 1 BILLY R. GINTER 1 WSMP*Nl 114OKF7128 WSMA19VT JIMM7728 LOT 3 AND PART OF LOT 4 WSMAENT 1180007728 LOT 5 SLOW 28 PART OF LOT 4, BLOCK 28 BLOC( 28 LOTS I AND Z BLOCK 28 YAP OF MWER NEW E YAP aj RIVER NEIL & YAP OF gm? VIEW h YAP OF RWR HEW d NEST END LAND CO. NEST ETD LAM POs. NEST END LAM CO. NEST ENID LAND CO. ZOED: RY -1 ZONED' ldWl ZONED. RY-1 ZONED: RY-I - - PAW!01T_ 12' RSX ALLY _S -CHU S 0' E_ .50.00' 7470E- S 7470'00' E IiU . 100.00' ,..110RNDiG B•� INSTRumm .' YTTS 9 ! 10 I BIOCE 26, YAP lllsl' CITY ERD PL ICONIC STEPS ili;" RIG l 3 6RkI SITE AND ZONING TABULATIONS CURRENT ZONING DISTRICT: MX PROPOSED ZONING DISTRICT: INPOD PROPOSED USE GROUP CARE FACILITY, HALFWAY HOUSE REFER TO 'INPUD DISTRICT USES' BELOW FOR ADDITIONAL INFORMATION TOTAL STE ACREAGE 0.6887 AC. (30,000 SF) MINIMUM LOT AREA REIXBRED: NONE DIMENSIONAL REOUIREhfNTS PER SECTION 36.2 -328, REGULATIONS FOR MINIMUM LOT AREA, MINIMUM LOT FRONTAGE MINIMUM YARDS, MAXIMUM BUILDING FECHT AND MINIMUM USEABLE OPEN SPACE ARE TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. IMPERVIOUS SURFACE AREA RATIO MAXIMUM: 807 EXISTING IMPERVIOUS SURFACE TM 312912 - 47% 11A0312913 - 66% TM#1312914 - 56% MINIMUM TREE CANOPY: 10% MINIMUM PARKING REQUIREMENT: PER SECTION 36.2 -326. THE ESTAI3USHMENT OF MINIMUM PARKING IS TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. INTENT OF THE INPUD DISTRICT ESTABLISHMENT THE PURPOSE OF THIS PROPOSED INF D DISTRICT IS M ALLOW FOR THE OPERATION CF A RECOVERY CENTER ON THE THREE SUB,ECT PARCELS NO NEW CONSTRUCTION OR SUBSTANTIVE ALTERATION CF THE 517. ASIDE FROM ROUTINE MAINTENANCE AND REPAIRS, IS PROPOSED WTH THIS PLAN. INPUD DISTRICT USES THE FOLLOWING USES, AS IDENTIFIED IN SECTIONS 36.2 -315 AND 36.2 -327 OF THE CITY OF ROANO(E CODE OF ORDINANCES. ARE INCLUDED IN THIS REZONING AS PERMITTED USES TO PROVIDE FOR THE PRIMARY INTENDED USE, AND TO ALLOW FOR ADDITIONAL SERVICES AND FUNCTIONS THAT MAY BE APPROPRIATE NOW OR IN THE FUTURE IN FURTHERANCE OF THE BUSNESS PROGRAM: DWELLING, MULTIFAMILY (TO INCLUDE 10 OR FEWER DWELJNG UNITS) GROUP CARE FACILITY, HALFWAY HOUSE (TO INCLUDE A MAXIMUM OF 16 RESIDENTS) GROUP HOME MEDICAL CLINIC OFFICE, GENERAL OR PROFESSIONAL OFFICE, GENERAL OR PROFESSIONAL. LARGE SCALE UVE -WORK UNIT MIXED -USE BUILDING STUDIO /MULTIMEDIA PRODUCTION FACILITY PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED IN THIS TABLE FACILITY, NOT OTHERWISE LISTED TY. SMALL CELL ON EXISTING STRUCTURE TM HIS TABLE 50.00'srN 7410'00* .W .50.00'. N ,4vo ' W 7 MARX . oa0, N7470'00' W I' L EXHIBIT --�" - -- -- -°� -- -om- — DEVELOPMENT PLAN P A T T E R S O N AVENUE, & W. FOR ESTABLISHMENT OF INPUD ZONING DISTRICT PROPERTY OF 100' RKiIT - -O' -WAY (FOWEALY iNE BOI/LEVAM) MORNING RAYS RECOVERY, LLC 30' 0 30' TAX MAP #'s 1312912, 1312913 & 1312914 SITUATED ALONG PATTERSON AVENUE, S.W. SCALE: 1" = 30' CITY OF ROANOKE, VIRGINIA 0% DATE: August 18, 2020 LL Lumsden Associates, P.C. COMM. NO.: 4664 BRAMBLETON AVENUE PHONE: (540) 774 -4411 0 _ P.O. BOX 20669 FAX: (540) 772 -9445 20-203 %*0% ENGINEERS I SURVEYORS I PLANNERS ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM SCALE. 1 " =30' TAE /1912912 TTY /1912919 NI—_101 PROPIM OF = 2 STORY = ASPHALT I YORRRTG RAYS RECOVIXY, UG \ am RS}HUIIENI 12000038'71 IDT ll (9.600 31.), ®OCE 28 GAPE F BRIO( 1. PAIEIEITr VW7 SKID LAND COs. HEST MM LAND COs. CITY n" /2608 CRY POUT #2608 GARAGE Cava 1 \ STEPS STEPS 4 1 ' CAAAwr x.11312911 2B 430'. PROYEL �� 8 2 HEAT PROPS CA .S � PC ' 1801 PATIERSOR AW_ LOT 2 STORY 9111K YAP OF PoYfl7 YEAR k I ASPN.LLT PARILNIG NOT ETD LAM CO. ❑ FEAT PUMP ZONED: YX . ' Oop ,..110RNDiG B•� INSTRumm .' YTTS 9 ! 10 I BIOCE 26, YAP lllsl' CITY ERD PL ICONIC STEPS ili;" RIG l 3 6RkI SITE AND ZONING TABULATIONS CURRENT ZONING DISTRICT: MX PROPOSED ZONING DISTRICT: INPOD PROPOSED USE GROUP CARE FACILITY, HALFWAY HOUSE REFER TO 'INPUD DISTRICT USES' BELOW FOR ADDITIONAL INFORMATION TOTAL STE ACREAGE 0.6887 AC. (30,000 SF) MINIMUM LOT AREA REIXBRED: NONE DIMENSIONAL REOUIREhfNTS PER SECTION 36.2 -328, REGULATIONS FOR MINIMUM LOT AREA, MINIMUM LOT FRONTAGE MINIMUM YARDS, MAXIMUM BUILDING FECHT AND MINIMUM USEABLE OPEN SPACE ARE TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. IMPERVIOUS SURFACE AREA RATIO MAXIMUM: 807 EXISTING IMPERVIOUS SURFACE TM 312912 - 47% 11A0312913 - 66% TM#1312914 - 56% MINIMUM TREE CANOPY: 10% MINIMUM PARKING REQUIREMENT: PER SECTION 36.2 -326. THE ESTAI3USHMENT OF MINIMUM PARKING IS TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. INTENT OF THE INPUD DISTRICT ESTABLISHMENT THE PURPOSE OF THIS PROPOSED INF D DISTRICT IS M ALLOW FOR THE OPERATION CF A RECOVERY CENTER ON THE THREE SUB,ECT PARCELS NO NEW CONSTRUCTION OR SUBSTANTIVE ALTERATION CF THE 517. ASIDE FROM ROUTINE MAINTENANCE AND REPAIRS, IS PROPOSED WTH THIS PLAN. INPUD DISTRICT USES THE FOLLOWING USES, AS IDENTIFIED IN SECTIONS 36.2 -315 AND 36.2 -327 OF THE CITY OF ROANO(E CODE OF ORDINANCES. ARE INCLUDED IN THIS REZONING AS PERMITTED USES TO PROVIDE FOR THE PRIMARY INTENDED USE, AND TO ALLOW FOR ADDITIONAL SERVICES AND FUNCTIONS THAT MAY BE APPROPRIATE NOW OR IN THE FUTURE IN FURTHERANCE OF THE BUSNESS PROGRAM: DWELLING, MULTIFAMILY (TO INCLUDE 10 OR FEWER DWELJNG UNITS) GROUP CARE FACILITY, HALFWAY HOUSE (TO INCLUDE A MAXIMUM OF 16 RESIDENTS) GROUP HOME MEDICAL CLINIC OFFICE, GENERAL OR PROFESSIONAL OFFICE, GENERAL OR PROFESSIONAL. LARGE SCALE UVE -WORK UNIT MIXED -USE BUILDING STUDIO /MULTIMEDIA PRODUCTION FACILITY PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED IN THIS TABLE FACILITY, NOT OTHERWISE LISTED TY. SMALL CELL ON EXISTING STRUCTURE TM HIS TABLE 50.00'srN 7410'00* .W .50.00'. N ,4vo ' W 7 MARX . oa0, N7470'00' W I' L EXHIBIT --�" - -- -- -°� -- -om- — DEVELOPMENT PLAN P A T T E R S O N AVENUE, & W. FOR ESTABLISHMENT OF INPUD ZONING DISTRICT PROPERTY OF 100' RKiIT - -O' -WAY (FOWEALY iNE BOI/LEVAM) MORNING RAYS RECOVERY, LLC 30' 0 30' TAX MAP #'s 1312912, 1312913 & 1312914 SITUATED ALONG PATTERSON AVENUE, S.W. SCALE: 1" = 30' CITY OF ROANOKE, VIRGINIA 0% DATE: August 18, 2020 LL Lumsden Associates, P.C. COMM. NO.: 4664 BRAMBLETON AVENUE PHONE: (540) 774 -4411 0 _ P.O. BOX 20669 FAX: (540) 772 -9445 20-203 %*0% ENGINEERS I SURVEYORS I PLANNERS ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM SCALE. 1 " =30' TAE /1912912 TTY /1912919 �G 2 PROPIM OF PROPERTY OP \ YOIMQ BATS RECOVERY, fIG YORRRTG RAYS RECOVIXY, UG \ RMTRUMM #200D03871 LOT 12 (7,500 S.1.), BLOCK 28 RS}HUIIENI 12000038'71 IDT ll (9.600 31.), ®OCE 28 YIP OP RIVER VIER k YAP or RIVER VIEW k VW7 SKID LAND COs. HEST MM LAND COs. CITY n" /2608 CRY POUT #2608 Cava \ STEPS STEPS ,..110RNDiG B•� INSTRumm .' YTTS 9 ! 10 I BIOCE 26, YAP lllsl' CITY ERD PL ICONIC STEPS ili;" RIG l 3 6RkI SITE AND ZONING TABULATIONS CURRENT ZONING DISTRICT: MX PROPOSED ZONING DISTRICT: INPOD PROPOSED USE GROUP CARE FACILITY, HALFWAY HOUSE REFER TO 'INPUD DISTRICT USES' BELOW FOR ADDITIONAL INFORMATION TOTAL STE ACREAGE 0.6887 AC. (30,000 SF) MINIMUM LOT AREA REIXBRED: NONE DIMENSIONAL REOUIREhfNTS PER SECTION 36.2 -328, REGULATIONS FOR MINIMUM LOT AREA, MINIMUM LOT FRONTAGE MINIMUM YARDS, MAXIMUM BUILDING FECHT AND MINIMUM USEABLE OPEN SPACE ARE TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. IMPERVIOUS SURFACE AREA RATIO MAXIMUM: 807 EXISTING IMPERVIOUS SURFACE TM 312912 - 47% 11A0312913 - 66% TM#1312914 - 56% MINIMUM TREE CANOPY: 10% MINIMUM PARKING REQUIREMENT: PER SECTION 36.2 -326. THE ESTAI3USHMENT OF MINIMUM PARKING IS TO BE SPECIFIED ON THE DEVELOPMENT PLAN FOR THE DISTRICT. INTENT OF THE INPUD DISTRICT ESTABLISHMENT THE PURPOSE OF THIS PROPOSED INF D DISTRICT IS M ALLOW FOR THE OPERATION CF A RECOVERY CENTER ON THE THREE SUB,ECT PARCELS NO NEW CONSTRUCTION OR SUBSTANTIVE ALTERATION CF THE 517. ASIDE FROM ROUTINE MAINTENANCE AND REPAIRS, IS PROPOSED WTH THIS PLAN. INPUD DISTRICT USES THE FOLLOWING USES, AS IDENTIFIED IN SECTIONS 36.2 -315 AND 36.2 -327 OF THE CITY OF ROANO(E CODE OF ORDINANCES. ARE INCLUDED IN THIS REZONING AS PERMITTED USES TO PROVIDE FOR THE PRIMARY INTENDED USE, AND TO ALLOW FOR ADDITIONAL SERVICES AND FUNCTIONS THAT MAY BE APPROPRIATE NOW OR IN THE FUTURE IN FURTHERANCE OF THE BUSNESS PROGRAM: DWELLING, MULTIFAMILY (TO INCLUDE 10 OR FEWER DWELJNG UNITS) GROUP CARE FACILITY, HALFWAY HOUSE (TO INCLUDE A MAXIMUM OF 16 RESIDENTS) GROUP HOME MEDICAL CLINIC OFFICE, GENERAL OR PROFESSIONAL OFFICE, GENERAL OR PROFESSIONAL. LARGE SCALE UVE -WORK UNIT MIXED -USE BUILDING STUDIO /MULTIMEDIA PRODUCTION FACILITY PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED IN THIS TABLE FACILITY, NOT OTHERWISE LISTED TY. SMALL CELL ON EXISTING STRUCTURE TM HIS TABLE 50.00'srN 7410'00* .W .50.00'. N ,4vo ' W 7 MARX . oa0, N7470'00' W I' L EXHIBIT --�" - -- -- -°� -- -om- — DEVELOPMENT PLAN P A T T E R S O N AVENUE, & W. FOR ESTABLISHMENT OF INPUD ZONING DISTRICT PROPERTY OF 100' RKiIT - -O' -WAY (FOWEALY iNE BOI/LEVAM) MORNING RAYS RECOVERY, LLC 30' 0 30' TAX MAP #'s 1312912, 1312913 & 1312914 SITUATED ALONG PATTERSON AVENUE, S.W. SCALE: 1" = 30' CITY OF ROANOKE, VIRGINIA 0% DATE: August 18, 2020 LL Lumsden Associates, P.C. COMM. NO.: 4664 BRAMBLETON AVENUE PHONE: (540) 774 -4411 0 _ P.O. BOX 20669 FAX: (540) 772 -9445 20-203 %*0% ENGINEERS I SURVEYORS I PLANNERS ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM SCALE. 1 " =30' W THI? COUNCIL, OF ,rllf; Cll,y O1, ROANOKE, VIRGINIA The 2nd day of September, 2014. No. 40033 - 090214. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to a certain condition proffered by the applicant. WHEREAS, Transitional Options for Women has made application to the Council of the City of Roanoke, Virginia ( "City Council"), to have the properties located at 1729 and Zero Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310, respectively, rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development, subject to a certain condition; 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 August 18, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; 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 I 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 properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I . Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 1212309 and 1212310, located at 1729 and Zero Patterson Avenue, S.W., respectively, be, and are hereby rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development, subject to a certain condition proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 1, 2014. ATTEST: City CIerk. 2 ATTACHMENT A ZONING MAP EXCERPT 1801, 0, and 0 Patterson Avenue SW, and 1729 and 0 Patterson Avenue SW OFFICIAL TAX MAP NOS. 1312914, 1312913, and 1312912 and 1212309 and 1212310, respectively Legend OSubject Property MX( c): Mixed Use Conditional Zoning MXPUD: Mixed Use Planned ZONING 0 Unit Dev AD: Airport MXPUD(c): Mixed Use _ AD(c): Airport Dev Planned Unit Dev Conditional . , Conditional - CG: Commercial - General R -12: Res Single - Family CG(c): Commercial - General ism ' R: Res Single - Family Coonditinditional Conditional - CLS: Commercial -Large Site R -3: Res Single - Family CLS(c): Commercial -Large ' Cendi: Res Single - Family Conditional Site Conditional CN: Commercial- Neighborhood R -5: Res Single - Family R -5(c): Res Single Family - Conditional CN(c): Commercial- Neighborhood Conditional R -7: Res Single - Family - D: Downtown R -7(c): Res Single- Family Conditional D(c): Downtown Conditional RA: Res - Agricultural - 1 -1: Light Industrial RA(c) : Res - Agricultural 1 -1(c): Light Industrial Conditional Conditional RM -1: Res Mixed Density - 1 -2: Heavy Industrial RM -1(c): Res Mixed Density Conditional 1 -2(c): Heavy Industrial Conditional RM -2: Res Mixed Density - IN: Institutional RM -2(c): Res Mixed Density Conditional IN(c): Institutional Conditional _ RMF: Res Multifamily - INPUD: Institutional Planned Unit Dev RMF(c): Res Multifamily INPUD(c): Institutional Planned Unit Dev Conditional Conditional - ROS: Recreation and Open Space -IPUD: Industrial Planned Unit ROS(c): Recreation and Dev Open Space Conditional IPUD(c): Industrial Planned - UF: Urban Flex Unit Dev Conditional UF(c): Urban Flex — MX: Mixed Use Conditional % ! Fllodplain Overlay, F IMAGERY.BIGFOO... RGB _ Red: Band-1 - Green: Band _2 =Blue: Band _3 N c 1 Meet 0 2040 80 Feet 1312115 1312214 1312209 1312210 1312212 1312211 1312216 1312808 1312213 1312215 1312901 R �RFR 1312902 1312904 1312903 1312905 1312906 1312908 RM -1: � Res Mixed De sity 1312907 11602 1211609 1211610 1211611 1212301 12116121 1212303 1312909 13129'2 1212304 1212302 1312910 131291; 1 1212305 312914 13129 41 Col 12123'0 1212309 1212312 1313601 r � 0 'irl 1212311 '1313602 Ca�= P�4TTER$� ..N 1313604 1212313 1313606 0 " » if 1313603 1313605 1313610 1313607 1313608 1213002 1313611 1213003 1213005 1213004 1213006 -. 1 1313614 213001 1313612 1313613 1313615 13136161213009 1213010 1213007 CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date November 20, 2020 Date Category Description Ad Size Total Cost 11/12/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised hi 1 x 288 L 2,69656 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 10/27,11/03/2020 The First insertion being given ... 10/27/2020 Newspaper reference: 0001149708 Billing Representative Sworn to and subscribed before me this Friday, November 20, 2020 State of Virginia County of Hanover 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, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing plan 0Yd gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1;30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by entailing planninai =110kevagov or by calling (540)853.1330 by noon, Friday, November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means it the event the public hearing Is conducted using electronic communication means. Writter comments of interested persons will be received by the Secretary to tht Planning Commission at planningg roanokevagov on or prior to 1:00 p.m. Friday, November 6, 2020. Application by Les Bowers and Brac Bowers for Upper Church, LLC, foi street closure at the end of the 40( block of Church Avenue SE adjacent tt 9 properties identified as 0 Churct Avenue SE, bearing Official Tax Mai Nos. 4011119, 4011120, 4011121 4011122, 4011502, 4011503, 4011504 4011505, and 4011506, respectively creating a new terminus along a lint perpendicular to Church Ave SE starting at the northeast comer of Official Tax Map No. 4011506. Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District. with a condition, to MX, Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033- 690214. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility: agricultural; and accessory, with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 60. The Comprehensive Plan designates the property for office and residential use. The proposed land use for property located at 1001 Patterson Avenue SW and 2 parcels Identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, is group care facility, halfway house, and the proposed land use for property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, is any use permitted within the MX District Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 362 -311, Use table for residential districts, to delete Pet grooming as a permitted use in the RA district 2. Sec. 362 -315, Use table for multiple purpose districts, to add Transit station as a permitted use in the D district Delete Blood bank or plasma center; Employment or temporary labor service; Office, general or professional, large scale; Flea market, indoor; Body piercing establishment; Dry cleaning and laundry pick up station; Internet sales establishment, Janitorial services establishment; Pet grooming; Tattoo parlor, and Bus passenger terminal or station as permitted uses in all multiple purpose districts. 3. Sec. 362.322, Use table for Industrial districts, to add Transit station as a permitted use in the 1 -1 district To delete Office, general or professional, large scale-, Pet grooming, Dry cleaning and laundry pickup station; and Janitorial services establishment as permitted uses In all industrial districts. Correct scrivener's error in table footnote. 4. Sec. 362.327, Use table for planned unit development districts, to add Transit station as a permitted use in the MXPUD, INPUD and IPUD districts. Delete Blood bank or plasma center; Office, general or professional, large scale; Dry cleaning and laundry pick up station; and Pet grooming as permitted uses in MXPUD, INPUD, and iPUD districts. S. Sec. 36.2 -405, Bed and breakfast, homestay, and short-term rental establishments, to limit the number of homestays per property and to modify the requirement for the property owner or lease holder to occupy the property rather than a specific dwelling unit. 6. Sec. 36.2 -410, Fences, walls, arbors. and trellises, to Increase the minimum fence height in certain districts from 42 inches to 48 inches. 7. Sec 36.2.429, Temporary uses, to add temporary government or public services facility to permitted construction - related activities. B. Sec. 36.2 -522, Zoning permits, to exempt certain small structures such as fences and small accessory structures, wails or swimming pools from requiring a zoning permit 9. Sec. 362.647, Buffering and screening and Table 647 -1. Buffering and Screening of Certain Uses and Activities to clarity screening requirements for ground mounted mechanical equipment and to expand an exemption to two- family dwellings. 10.5ec. 361.652, Minimum parking and Table 652.2, Required Parking Spaces, to delete references for uses that are being removed from the various use tables and add a reference for Transit station. 11.Appendix A, Definitions, to add definition for a Transit station, delete definitions for uses that were removed from the use tables and modify the definitions of Bus maintenance, including repair and storage, Business service establishment, Family, Flea market, Kennel, Laboratory, dental, medical or optical, Personal service establishment, and Retail sales establishment. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or may be obtained digitally by emaRing planning@roanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on November 16, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 11, 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planninoroanokeva.gov or by calling (540)853.1330 by noon, Monday, November 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning@ roanokeva,gov on or prior to 1:00 p.m., Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Lincoln Avenue SW, bearing Official Tax Map No. 1530603, for a special exception pursuant to Section 362 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a homestay. Tina M. Cart, Secretary, City Board of Zoning Appeals (1149708) r Fl '. PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 41h floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing planning ct roanokeva gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing llaanningoroanokeva g_ov or by calling (540)853 -1330 by noon, Friday, November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planningkroanokeva Gov on or prior to 1:00 p.m., Friday, November 6, 2020. Application by Les Bowers and Brad Bowers for Upper Church, LLC, for street closure at the end of the 400 block of Church Avenue SE adjacent to 9 properties identified as 0 Church Avenue SE, bearing Official Tax Map Nos. 4011119, 4011120, 4011121, 4011122, 4011502, 4011503, 4011504, 4011505, and 4011506, respectively, creating a new terminus along a line perpendicular to Church Ave SE starting at the northeast corner of Official Tax Map No. 4011506. Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, lot area and a With a maximum density of one dwelling maximum floor area ratio of 1.0. office and residential use. The Comprehensive Plan designates t Per 2,500 square feet of S W and 2 parcels identified as e0 Proposed land Patterson Avenue for Property gates the propert 1312913 y located at 1801 Patterson Avenue 914 and 1312912, respectively, is ue S W, bearing Official Tax use for property located at 1729 Patterson Avenue SW and Map Nos. 1312914, group care facility, halfway house Official Tax Map Nos. 1212309 0 Patterson Avenue S bearing Proposed land District. and 1212310, respectively, ,bearing Y, any use permitted within the MX Proposed amendments to Chapter 36.2 amended, ,Zoning, of the Code of the City of update, clarify ending and reordainin Y Roanoke, g, adding or deleting the followin 1979), as the Cit 's and make the City's zoning ordinance easier to use Y zoning ordinance consistent with state code, such amendments code sections to comprehensive rezoning or char e for its citizens, and to make district, unless otherwise noted: g of any densities that would decreasemis not constituting a Permitted density in any 1 Sec-36-2-311 Use table for residential districts, to use in the RA district. delete Pet 2• Sec. 36.2 -315 grooming as a permitted Permitted use , theta le for cm Mille Purpose districts, to add Transit station temporary labors to Blood b plasma anon as a ervice; Office, general or professional large sca e� Employment or Body piercing establishment; Dry cleaning establishment, Janitorial services establishmentt ;lp d 'Flea market, indoor; passenger terminal or station as D' Pick up station; Internet sales 3• Sec. 36.2 -322 permitted uses in all multiple Purpose , Tattoo parlor; and Bus Use table for industrial districts, to add Transit ta on as drstricts. in the I -1 district. To delete Office Dry cleaning and laund , general or professional, large scale; Pet use laundry pickup station grooming, Permitted uses in all industrial districts. Correct scrivener's errs establishment as 4. Sec. 36.2 -327, Use table for 1 error in table footnote. Permitted use in the Panned unit development districts, to add Transit station as a center; Office MXPLID' INPUD and IPUD general or professional, and dricts. Delete Blood b station; and pet g Dry cleaning rk °r Plasma 5• Sec. 36.2 -405 Bed oming as permitted uses in MXPUD g and laundry Pick up limit the number of and breakfast, homesta ' 1NPUD, and IPUD districts. Y, and short-term rental establishments, to Property owner or lease holder to Occupy and to modify the requirement for the 6• Sec. 36.2 -410, Fences, walls, arbors PY the property rather than a specific dwelling unit. and trellises, to increase the minimum fence height t t. in certain districts from 42 inches to 48 inches. 7• Sec. 36.2 -429, T gh Temporary uses, to add temporary government or to permitted construction- related activities. Public services facility 8• Sec. 36.2 -522, Zoning Permits, to exempt certain small structures such as fences a 9 Sec. 36.2-647, Buffering structures, walls or swimming g Pools from requiting and g and screening and Table 647 -1. g a zoning permit. Certain Uses and Activities to clarify screening re uir Buffering mechanical equipment and to ex g and Screening of 10. Sec. 36.2 -652 expand an ex q err�ents for ground mounted references for�u Ms that are being and Table 652-2, to two family dwellings. reference for Transit station, g roved from the Required Parking Spaces, to delete arious use tables and add a 11 • Appendix A, Definitions, to add definition for a Transit station delete Trans- that were removed from the use tables and modify the definitions of Bu m inter for uses including repair and storage, Business service establishment, Family, F s maintenance, Kennel, Laboratory, dental, medical or optical, Personal service establishment, bli lea market, sales establishment• stunent, and Retail The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or ma be ob emailing lannin @_roanokeva env Y tamed digitally by Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Nov P.M., or as soon thereafter as the matters may be heard, in the City Council Ch floor, Room 450, Noel C. Taylor Municipal Building, mber 16, 2020, at 7:00 Virginia. All persons shall be afforded an o amber, fourth g 215 Church Avenue S W, Roanoke, all aspects of these matters. Opportunity to speak and state their views concerning Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard ho acons on November ng application. All persons wishing to address the Board of Zonin Appeals the following Secretary to the Board of Zoning A g Ppeals must sign-up (540)853 -1330 by noon, Monday, November 9 2020gPersons who g or by With the Provided with information to present their testimony via electronic speak a by calling event the public hearing is conducted user is register is speak will i of interested persons will be received us the Secret rat communication means in the g electronic communication means. Written comments �'�= `'?n'n���roanc�keva, nL on or prior to 1:00 Secretary to the Board of Zoning Appeals at P.M., Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Pursuant to Section 36.2 -311, bearing Official Tax Map No. 1530603, for a special exception P Zoning, Code of the City of Roanoke (1979), as amend Lincoln Avenue SW, amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, October 27, 2020, and Tuesday, Please bill and send affidavit of publication to: November 3, 2020. Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning. Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.c496d2roanokeva oc Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIAA F. MCCOV, CHIC Citv 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 @roanokeva.gov November 3, 2020 Dr. Kunal Joshi, M.D. Jordana Anderson, LSCW 706 Campbell Avenue Roanoke, Virginia 24016 Dear Dr. Joshi and Ms. Anderson: CECELIA T. WEBB, CHIC Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 9 at 1:30 p.m. This public hearing is in regard to your request to rezone property located at 1801 Patterson Avenue, S. W. and two parcels identified as 0 Patterson Avenue, S. W., respectively, from Mixed Use District to Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue, S. W. and 0 Patterson Avenue, S. W., respectively, from Institutional Planned Unit Development District, with a condition, to Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 16 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, _:.:::.rruokeva . qov, under "Roanoke Planning Commission News ", following its meeting on Monday, November 9. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. 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, ort:c, c� ,t.�. Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. MCCOV, CMC 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 *,roanokeva.gov November 3, 2020 Richard Winsted Winsted Estate Management 920 Peaks View Drive Moneta, Virginia 24121 Dear Mr. Winsted: CECELIA T. WEBB, CHIC Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 9 at 1:30 p.m. This public hearing is in regard to your request to rezone property located at 1801 Patterson Avenue, S. W. and two parcels identified as 0 Patterson Avenue, S. W., respectively, from Mixed Use District to Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue, S. W. and 0 Patterson Avenue, S. W., respectively, from Institutional Planned Unit Development District, with a condition, to Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 16 at 7:00 p.m., 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, November 9. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. 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, 0,2,d, J. CA& 1�7 Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CECELIA F. MCCOI', CHIC 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�&_roanokeva.gov November 3, 2020 Dear Ladies and Gentlemen: CECELIA T. WEBB, CHIC Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 9 at 1:30 p.m. This public hearing is in regard to a request by Dr. Kunal Joshi and Jordana Anderson to rezone property located at 1801 Patterson Avenue, S. W. and two parcels identified as 0 Patterson Avenue, S. W., respectively, from Mixed Use District to Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue, S. W. and 0 Patterson Avenue, S. W., respectively, from Institutional Planned Unit Development District, with a condition, to Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 16 at 7:00 p.m., 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, November 9. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. This letter is provided for your information a: owner. If you have questions regarding the contact Tina Carr, Secretary to the City Questions regarding the City Council public Office at (540) 853 -2541. Enclosure an interested party and /or adjoining property Planning Commission public hearing, please Planning Commission at (540) 853 -1730. hearing may be directed to the City Clerk's Sincerely, 0•0 � J Cecelia F. McCoy, CIVIC City Clerk c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties November 3, 2020 Page 2 PC: Rosemary Virginia Deegan Hart 304 18th Street, S. W. Roanoke, Virginia 24016 Randolph Alfred and Annabelle Henry 1722 Rorer Avenue, S. W. Roanoke, Virginia 24016 Blanton Properties, LLC 5147 Meadow Valley Circle Roanoke, Virginia 24018 Winstead Estate Management, LLC 420 Peaks View Drive Moneta, Virginia 24121 C & A Investments, LLC P. O. Box 383 Cloverdale, Virginia 24077 William and Selma H. Jones 1730 Patterson Avenue, S. W. Roanoke, Virginia 24016 Matthew Belay 1790 Harding Road Blacksburg, Virginia 24060 Everett Leigh Morgan, LLC P. O. Box 4288 Leesburg, Virginia 20177 Katherine E. Degen 1718 Patterson Avenue, S. W. Roanoke, Virginia 24016 CFR BEC, LLC 11124 Kingston Pike #119 -242 Knoxville, Tennessee 37934 Billy R. Gunter 1031 Palm Avenue, N. W. Roanoke, Virginia 24017 Morning Rays Recovery, LLC 706 Campbell Avenue, S. W. Roanoke, Virginia 24016 Johnny L. and Jerrie L. Ginn P. O. Box 356 Salem, Virginia 24153 Cathy L. Wilson 1821 Patterson Avenue, S. W. Roanoke, Virginia 24016 Annie B. Waldron 1818 Patterson Avenue, S. W. Roanoke, Virginia 24016 Jeffrey L. Elkins 625 S Colorado Street Salem, Virginia 24153 Helen M. Moore 1806 Patterson Avenue, S. W. Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41918 - 111620. AN ORDINANCE amending and reordaining Section 36.2 -311, Use table for residential districts; Section 36.2 -315, Use table for multiple purpose districts; Section 36.2 -322, Use table for industrial districts; Section 36.2 -327, Use table for planned unit development districts, Section 36.2 -405, Bed and breakfast, homestay, and short-term rental establishments; Section 36.2 -410, Fences, walls, arbors, and trellises; Section 36.2 -429, Temporary uses; Section 36.2- 522, Zoning permits; Section 36.2 -647 Buffering and screening; Section 36.2 -652, Minimum parking; and Appendix A. — Definitions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purposes of amending and reordaining the code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens and consistent with state law; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 36.2 -311. - Use table for residential districts. Supplemental District RA + R -12 R -7 j R -5 'R-3 RM -1 ` RM -2 RMF j Regulation Section Residential Uses Dwelling, single - family attached P P P P Dwelling, single - family detached P P P P P P P Dwelling, two - family S P Dwelling, multifamily with 10 or fewer units P P i Dwelling, multifamily with 11 or more units 5 P Dwelling, townhouse or rowhouse P S P P 36.2 431 Dwelling, manufactured home P Dwelling, mobile home P 36.2 -417 Accommodations and Group Living Uses �eda­ncl breakfast � IS IS S S 36.2 -405 11 Boarding house S Group care facility, congregate home, elderly S S �ro`p care facility, congregate home, not otherwise listed S S Group care facility, group care home [Is S Group care facility, halfway house S S Group care facility, nursing home S Group care facility, transitional living facility Group home { P P P P P P P I Commercial Uses Day care home, adult S S Is S S S S S Day care home, child P P P P P P P P I Family day home S S S S is S S S Fire, police, or emergency services I Is S S S S is S Utility Uses and Structures Utility distribution or collection, basic ii P P P JJ P P!! P I � � I � I P P Utility distribution or collection, transitional S S S Is S S S S Wireless telecommunications facility, small cell on existing structure P P P P P P P P 36.2 -432 Wireless telecommunications facility, not otherwise listed 5 S S S S S S S 36.2 -432 Wireless telecommunications facility, stealth P P P P P P P P 36.2 -432 Animal and Agricultural Uses Agricultural operations P S S S S S TT .......... Animal shelter P Botanical garden or arboretum P Community garden P P P IP IP IP IP P 36.2 -407.1 Composting facility S Nursery or greenhouse, commercial P Kennel, no outdoor pens or runs P Kennel, with outdoor pens or runs S Stable, commercial P 36.2 -428 Wildlife rescue shelter or refuge area P Accessory Uses Accessory uses, not otherwise listed in this table P P P P P P P P 36.2 -403 Accessory apartment S S S S S Is IP 36.2 -402 Home occupation, excluding personal service P P P P P P P P 36.2 -413 � ome occupation, personal service P P P P P P P P 36.2 -413 Homestay IS S S S S S S S 36.2 -405 Outdoor storage I P 36.2 -423 Stable, private �I P P P P P P P P P P 36.2 -403 36.2 -403 Temporary health care structure Wind turbine, commercial S 36.2 -403 Wind turbine, small S S S S S S S S 36.2 -403 P' indicates a use permitted as of right. S" indicates a use permitted only by special exception. H oianK cen inaicates the use is not permittea; any use not iistea in tnis tame is not permittea in resioentiai aistricts. Sec. 36.2 -315. - Use table for multiple purpose districts. Supplemental District i MX CN ' CG CLS , D IN ROS UF� Regulation a Section Residential Uses Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, multifamily with 10 or fewer units Dwelling, multifamily with 11 or more units Dwelling townhouse or rowhouse P P P P P S P S P P P P P P P P P P P P P P 36.2 -431 ;Accommodations and Group Living ^� Bed and breakfast Campground Dormitory _..- -_ - -__ Group care facility, congregate home, elderly Group care facility, nursing home Group home Hotel or motel Short -term rental Commercial Uses: Office and Related Uses S S 36.2 -405 S S S P S S S P P P P S P P P P S P P P P P Business service establishment, not otherwise listed S P P P P C.....I...,.. eRt aF temperaFy Ial3eF s 'Tfl1 Financial institution P p p p Laboratory, dental, medical, or optical i P j P P P P P Laboratory, testing and research Medical clinic Office, general or professional IaFgeseale I Outpatient mental health and substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or runs Animal hospital or veterinary clinic, outdoor pens or runs ,Animal shelter Caterer, commercial Community market Drive- through facility Drive- through kiosk I_ Flea market, outdoor Funeral home I Kennel, no outdoor pens or runs Kennel, outdoor pens or runs I Live -work unit Mixed -use building Outdoor advertising sign P P P P iP P P P P P I P P P P P P I I S I I I I I �P P �P �P �S �S IS I S P IP IP P !P P 36.2 -416 �TTI P P P 36.2 -416 1 P I P I 1 1 36.2 -675 11 P P IP �P S S S S S S P S P S P S P P P P P P P P� S P P S 36.2 -409 S I P P S 36.2 -409 S S TP ,P P �P P �P �P �S �S IS I S P IP IP P !P P 36.2 -416 �TTI P P P 36.2 -416 1 P I P I 1 1 36.2 -675 Studio /multimedia production fac Commercial Uses: Retail Sales anc Bakery, confectionary, or similar f Building supplies and materials, r( Car wash, not abutting a residenti 'Car wash, abutting a residential d Contractor or tradesman's shop, f PFV eleaRiRg and IaHREIFY PiCk Up Dry cleaning plant or commercial Gasoline station General service establishment, no Intemet c;_ales P4ahlkhrApnt JAR40FIRI sprvice; Laundromat Manufactured or mobile home sa Motor vehicle rental establishmet Motor vehicle rental establishmer Motor vehicle repair or service es Motor vehicle sales and service es Motor vehicle sales and service e! ility Service )od production, retail �P �P �P �P �P tail �P �P �P 31 district strict eneral or special trade tatqen aundry t otherwise listed �P �P 36.2-406 �S �S 36.2-406 S P P S P 1P �S P P P P P �S P P 36.2-411 �P �P �P �P �P es t, without inventory on-site IP P P P P P 5 P P S P P t, with inventory on-site ablishment tablishment, new S 36.2-419 36.2-420 tablishment, used P P 36.2-421 Nursery or greenhouse, commerc Personal service establishment, n Retail sales establishment, not of Storage building sales Tattee PaFleF Industrial Uses Bakery, confectionary, or similar 1 Commercial printing establishmei Electrical component assembly, v Fueling station, commercial or wl F__ Manufacturing: Beverage or food slaughtering and dressing Manufacturing: General, not othe Manufacturing: Steel or metal pr( Motor vehicle or trailer painting Workshop Warehousing and Distribution Us Distribution center, not otherwisf Self- storage building Warehouse Assembly and Entertainment Use: Adult uses Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoor Botanical garden or arboretum Club, lodge, civic, or social organization Community center Eating establishment Eating and drinking establishment, not abutting a residential district I S 36.2 -404 P S P P P P P P P P P P P P P P P P P P P P P P P P S 5 P P P P P P P P P Eating and drinking establishment, abutting a residential district Entertainment establishment, abutting a residential district Entertainment establishment, not abutting a residential district Exhibition, convention, or conference center Gaming establishment S S S S S S IS S IS S S S P P P P P P S S Golf course Health and fitness center Meeting hall, abutting a residential district SnS P P P S P S P P P P P S Meeting hall, not abutting a residential district Microbrewery or microdistillery not abutting a residential district I S P P P P P P P P P P P P Microbrewery or microdistillery abutting a residential district Park or playground 'Place of worship S S S S S P P P P i p p p P P P P P P Y� I I Recreation, indoor � toml ul Recreation, outdoor P P P P Sports stadium, arena, or coliseum P Theater, movie or performing arts �^ 1P 1 P P I P; P Zoo P I Public, Institutional, and Community Facilities Aquarium or planetarium P Artist studio P P i I P � P i P P Cemetery P Community food operation P Community garden P P P P P P P P 36.2 -407.1 Day care center, adult P P P P P P P Day care center, child S P P P P P P 36.2 -408 Day care home, adult S 5 S 5 Day care home, child P P P P Educational facilities, business school or nonindustrial trade school S ii P P P P P P Educational facilities, college /university Ip P P P Educational facilities, elementary /middle /secondary P P P P Ip P Educational facilities, industrial trade school P P P Educational facilities, school for the arts S P P P P P P Fire-- police, or emergency services P P P P P P P Government offices or other government facility, not otherwise listed P P P P P P P P P P P P P P ..Hospital P P Library P P P P P P P P P P P P P P Museum P P P P P P P P P Post office I I P P P P P P P i Supply Pantry P P (P � P . P Wireless telecommunications facility, not otherwise listed Agricultural Uses Agricultural operations Stable, commercial i 1 Wildlife rescue shelter or refuge area Accessory Uses Accessory uses, not otherwise listed in this Table Accessory apartment Home occupation, excluding personal service Home occupation, personal service Homestay Outdoor display area Outdoor recreation facility lighting or sports stadium lighting Outdoor storage i Recycling collection point S S S S S S S S 36.2 -432 S S S S S IS IS S P 1 36.2 -428 P P P ii P P P P P P 36.2 -403 I I I 1 S 36.2 -402 P IP I IP P I P 136.2 -413 P P P P PP 36.2 -413 S P P P P I 1 P 136.2 -405 P IP IP P P 136.2 -422 TT?M]36.2 -403 S S I I P I S 36.2 -423 -Mfmf7 36.2 -403 Resident manager apartment ( I l P 36.2 -403 Temporary health care structure Wind turbine, commercial S S S S 5 36.2 -403 Wind turbine, small IS IS IS IS IS IS IS IS 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts Sec. 36.2 -322. - Use table for industrial districts. District Residential Uses Dwelling, single - family detached Dwelling, two family Dwelling, multifamily Dwelling, townhouse or rowhouse ;Accommodations and Group Living Uses Hotel or motel Commercial Uses: Office and Related Uses Business service establishment, not otherwise listed Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical Laboratory, testing and research Office, general or professional Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or runs Animal hospital or veterinary clinic, with outdoor pens or runs Caterer, commercial Supplemental AD Regulation 1 2 Section N I I S S S 36.2 -431 P P P P PP !P P P P� P P I S P Drive - through facility P 36.2 -409 Kennel, no outdoor pens or runs ill P 1 Kennel, outdoor pens or runs Is E Live -work unit S 36.2 -416 Mixed -use building i IS 36.2 -416 Outdoor advertising sign P P 36.2 -675 Pet crematorium I_ i P� Studio /multimedia production facility P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P Building supplies and materials, retail P P Car wash, not abutting a residential district i 36.2 406 a [,Car wash, abutting a residential district 77i 36.2 -406 [Commercial motor vehicle rental establishment P Commercial motor vehicle sales and service establishment, new P 36.2 -407 Commercial motor vehicle sales and service establishment, used P 36.2 -407 Contractor or tradesman's shop, general or special trade P P Dry cleaning plant or commercial laundry P Gasoline station IP 1 1 36.2 -411 General service establishment, not otherwise listed P internee sales establishme Rt i2 i2 i2 T Lumberyard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory on -site P P Motor vehicle rental establishment, with inventory on -site P P Motor vehicle repair or service establishment P P 36.2 -419 - ----------------------- [TF Nursery or greenhouse, commercial P Recreational vehicle or boat sales P Retail sales establishment, not otherwise listed P P Storage building sales P Industrial Uses Asphalt or concrete plant S Bakery, confectionary, or similar food production, wholesale P P Biosolids field 5 Building supplies and materials, wholesale Commercial printing establishment P P P Composting facility - -� Contractor's shop, heavy construction I P I P Dairy products, processing, bottling, and wholesale distribution P P Electrical component assembly, wholesale distribution P P P Fuel oil distribution S P Fueling station, commercial or wholesale P P Junkyard S S 36.2 -414 Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing P P Manufacturing: Chemical, refining or processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta S percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast Manufacturing: Chemical, refining or processing, not otherwise listed in this table P Manufacturing: General, not otherwise listed in this table P P Ip — Manufacturing: Steel or metal production, fabrication, or processing S P P Manufacturing: Wood products P Meat packing and poultry processing � Milling or feed and flour mills I I I S S Motor vehicle or trailer painting and body repair S P 36.2 -418 Outdoor storage lot S S S Quarry Recycling center I 5 S 36.2 -414 Tire recapping S Towing service P P 36.2 -430 Welding or machine shop p p Workshop p p �p Wrecker yard S S Warehousing and Distribution Uses Distribution center, not otherwise listed P P P Self- storage building P P P iSelf-storage facility P P Storage of commercial motor vehicles P P Storage of motor vehicles for rental (no on -site rental or leasing facility) P P Tank farm, petroleum bulk station and terminal, or other aboveground storage of flammable liquids S Warehouse P P P Assembly and Entertainment Uses Amphitheatre Amusement, commercial, outdoor Eating establishment Eating and drinking establishment, abutting a residential district Eating and drinking establishment, not abutting a residential district Entertainment establishment, abutting a residential district Entertainment establishment, not abutting a residential district Go -cart track Health and fitness center Microbrewery or microdistillery Paintball facility, outdoor Park or playground P P IP P P P P I IP qT �T P P P P P P P TPTP 36.2 -414 Recreation, indoor P Recreation, outdoor vA �P P Theater, movie or performing arts P P P Public, Institutional, and Community Uses Artist studio P Community garden P P P 36.2 -407.1 Educational facilities, business school or nonindustrial trade school P P Educational facilities, industrial trade school P P Educational facilities, school for the arts P P P Fire, police, or emergency services P P Government offices or other government facility, not otherwise listed P P Military reserve or National Guard center . P I P i Post office 1p P Supply pantry P I I E Training facility for police, fire, or emergency services 91T Transportation Uses Airport or airport- related commercial and personal service uses P Bus maintenance, including repair and storage P P I Limousine service P P P Motor freight terminal or truck terminal P P P Parking lot facility P Parking, off -site P P P 36.2 -652 Railroad freight yard, re Taxicab business Transit station Utility Uses Broadcasting studio or_ Broadcasting tower Hazardous materials fac Utility distribution or co Utility distribution or co Utility generation or tre Utility maintenance and Wireless telecommunic Wireless telecommunic Wireless telecommunic Agricultural Uses Agricultural operations Animal shelter Accessory Uses Accessory uses, not othi Outdoor recreation facil Outdoor storage Portable storage contair Recycling collection point P 1 1 36.2 -403 Resident manager apartment P P ( (36.2 -403 Temporary health care structure Wind turbine, commercial P P 36.2 -403 Wind turbine, small P P P 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in industrial resideRtial districts. Sec. 36.2 -327. - Use table for planned unit development districts. (Supplemental MXPUD i INPUD IPUD {Regulation Section Residential Uses Dwelling, single - family attached P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily P P Dwelling, townhouse or rowhouse P 1 36.2 -431 Accommodations and Group Living Bed and breakfast P P 1 36.2 -405 Campground P P Dormitory P _]_T_ Group care facility, congregate home, elderly P P Group care facility, congregate home, not otherwise listed P Group care facility, group care home P Group care facility, halfway house P Group care facility, nursing home P P Group care facility, transitional living facility P Group home P P Hotel or motel P P Commercial Uses: Office and Related Uses Business service establishment, not otherwise listed P I r Financial institution P IP I Laboratory, dental, medical, or optical P P Laboratory, testing and research P Medical clinic P ;Offs ice, general or professional P P r%F.F; -e ..e Re r-,I .,r pFefessiO al large s&a- , tit Outpatient mental health and substance abuse clinic S Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or runs m P A P Animal hospital or veterinary clinic, outdoor pens or runs Caterer, commercial ,Community market i Drive- through facility Drive - through kiosk Live -work unit Mixed -use building Studio /multimedia produ Commercial Uses: Retail Sales and Service P P Bakery, confectionary, or similar food production, retail P I Building supplies and materials, retail P Contractor or tradesman's shop, general or special trade P Dry cleaning plant or commercial laundry General service establishment, not otherwise listed P Laundromat P Lumberyard Motor vehicle rental establishment, without inventory on -site j Motor vehicle rental establishment, with inventory on -site Nursery or greenhouse, commercial —� P P ( P P P P 42 12 P P P P P P P P Jb.&4Uy 36.2 -409 36.2 -416 36.2 -416 Perms sons) service establishment, not c I Retail sales establishment, not other) Industrial Uses Bakery, confectionary, or similar fooc Building supplies and materials, who] Commercial printing establishment Contractor's shop, heavy constructioi Dairy products, processing, bottling, ; Electrical component assembly, whol Fuel oil distribution Fueling station, commercial or whole Manufacturing: Beverage or food prc and animal slaughtering and dressing Manufacturing: Chemical, refining or listed in this table Manufacturing: General, not otherwi Manufacturing: Steel or metal produi processing Milling or feed and flour mills Welding or machine shop Warehousing and Distribution Uses Distribution center, no Self- storage building Warehouse Assembly and Entertai Amphitheater Amusement, commerc Botanical garden or arl Club, lodge, civic, or sc Community center Eating establishment Eating and drinking esi district Eating and drinking esi Entertainment establis Entertainment establis Golf course Health and fitness cent Meeting hall Park or playground Place of worship Recreation, outdoor Sports stadium, arena Public, Institutional, c Aquarium or planetar Artist studio Community food ope Community garden Day care center, adul Day care center, chilc Day care home, child I Educational facilities, school Educational facilities, Educational facilities, Educational facilities, Educational facilities, Fire, police, or emerg Government offices c listed Hospital Library Military reserve or Nz Museum P Post office P Supply pantry Training facility for police, fire, or emergency services Transportation Uses Bus maintenance, including repair and storage Motor freight terminal or truck terminal Parking, off -site Taxicab business [Transit station Utility Uses Broadcasting studio or station Broadcasting tower Hazardous materials facility Utility distribution or collection, basic Utility distribution or collection, transitional ...................... Utility maintenance and service facility Wireless telecommunications facility, small cell on existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise listed IP I P P P P IP P P P P 36.2 -652 P P I? I IP ,P S S 36.2 -432 S Is P P P P 1P P IP P IP 136.2 -432 P P ! P 36.2 -432 P P P 36.2 -432 Agricultural Uses Agricultural operations Accessory Uses Accessory uses, not otherwise listed in this Table Accessory apartment Home occupation, excluding personal service Home occupation, personal service Outdoor recreation facility lighting or sports stadium lighting Outdoor storage Portable storage container Recycling collection point Resident manager apartment Temporary health care structure P P P P NS P P P P P 3 --E S IS Wind turbine, commercial S I Wind turbine, small S "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. IS IS I P 36.2 -403 P 36.2 -402 36.2 -413 36.2 -413 36.2 -403 i P 1 36.2 -423 P 136.2-403 P 36.2 -403 P 36.2 -403 S 136.2 -403 I S 36.2 -403 Sec. 36.2 -405. - Bed and breakfast, homestay, and short -term rental establishments. (c) Standards for bed and breakfast establishments in the MX and CN districts. (1) The owner or on -site manager shall reside on the premises rp operty. (2) The establishment may have up to ten (10) bedrooms used exclusively for rent including guest sleeping rooms in detached accessory structures. A living room, dining room, or both shall be provided. (3) Rooms shall be rented on a daily or weekly basis. Stays shall not exceed fourteen (14) days. (4) The establishment may include a meeting hall as an accessory use. (d) Standards for homestay establishments. (1) Changes made to the exterior of the building occupied by the homestay shall maintain the residential character of the building. (2) The homestay shall have no more than two (2) bedrooms for guests and shall accommodate no more than four (4) total guests. No more than one (1) homestay shall be permitted per property. (3) Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14) days. (4) The owner or leaseholder shall also occupy the property dwelliRg Unit during guest stays. Sec. 36.2 -410. - Fences, walls, arbors, and trellises. (b) Fence and wall standards. (1) No fence or wall that exceeds a height of 36t", .,ty- g3fi) inches from graded ground level shall be permitted within a sight distance triangle. (2) No fence located in an area as set forth in subsections (A) and (B) below shall be a solid fence, unless otherwise required by this chapter. Lattice, open wire, or any other fence type with 15 twenty flee (2-5` percent or more open area shall be permitted. (A) On a lot with only one (1) lot frontage: Between the building line and the lot frontage; or (B) On a lot with more than one (1) lot frontage: Between the building line on which the principal entrance to the building is situated and the lot frontage which it faces. (3) The maximum height for fences and walls shall be based on the following schedule: Zoning Maximum Height Location on Lot District of Fence or Wall On a lot with only one (1) lot frontage: between the RA, R -12, R -7, R -5, building line and the lot frontage; or R -3, RM -1, RM -2, On a lot with more than one (1) lot frontage: RMF, IN, MX, 484 inches between the building line on which the principal MXPUD entrance to the building is situated and the lot frontage which it faces On a lot with more than one (1) lot frontage: between any building line on which the principal entrance to the building is not situated and the lot . frontage which that building line faces Any required side or rear yard D, ROS, CN, CG, CLS, INPUD, OF Any required yard 1 -1, 1 -2, IPUD, AD Any required yard 6 feet 6 feet, except where one (1) of these districts abuts a D, ROS, CN, CG, CLS, 1 -1, 1 -2, IPUD, INPUD, or AD District, maximum height shall be that of the abutting district along that abutting property line Sec. 36.2 -429. - Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429 -1: Activity Auction Christmas tree sales Construction- related activities or model home office, Temporary Government or Public Services Facility, subject to subsection (b), below i Table 429 -1. Temporary Uses Zoning Districts Maximum Where Duration Frequency per Lot Permitted Any district 3 calendar days I i 1 /Calendar Year RA, CN, CG, CLS, 11, I 60 calendar days 1 /Calendar Year -2, OF For duration of construction Any district Not applicable Fireworks stand, subject to Section 21 -207 of this Code I CG, CLS, OF activity or emergency need 30 calendar days -- ___ - -_ — _ 1 CN, CG, CLS, D, ROS, Mobile food and beverage vending UF, Industrial No limitation districts, and PUD i Zoning Permit Required? No Yes Yes 1 /Calendar Year IYes Not applicable No Outdoor retail sales, subject to subsection (c), below districts CG, CLS, OF 10 calendar days 4 /Calendar Year Tye, Portable storage containers, subject to subsection (d), below Any district RA, R -12, R -7, R -5, R -3, RM -1, RM -2, RMF, MX, MXPUD: •30 consecutive calendar days, except 60 consecutive calendar days when there is a change of residency in a dwelling unit -Limited to 120 days per calendar year CN, CG, CLS, 1 -1, 1 -2, D, IN, ROS, !AD, INPUD, IPUD, UF: 1.120 consecutive days •Limited to 120 days per calendar !year per lot I 9calendar days, limited to 1 Produce stand (not applicable to RA, CN, CG, CLS, 1 -1, 1 community markets) I -2, OF permit per any 90- calendar day period per lot 1 CN, CG, CLS, D, IN, Public events, subject to subsection ROS, 1 -1, 1 -2, IPUD, 14 calendar days (e), below INPUD, OF Public events, exempt from Any district Two calendar days subsection (e) below Temporary, short -term filling, 90 consecutive calendar day grading or borrow operation, subject Any District to subsection (f) below period See maximum duration IYes Not applicable I Yes __- Not applicable Yes Two /Calendar Year, with an interval of at least three months between No events Once /2 Year Period I Yes Any residential 2, with an interval of at Yard or garage sales, subject to district or dwelling 2 consecutive calendar days, least 3 months between subsection W44, below unit limited to the daylight hours sales (b) Construction - related activities and temporary government or public services facilities. No (1) Temporary structures are permitted in connection with the site of building and land development or redevelopment, as set forth in Table 429 -1. Such building and land development or redevelopment shall include grading, paving, installation of utilities, building construction, and the like, and such structures may include offices, model home offices, construction trailers, and storage buildings, as well as portable storage containers and construction refuse containers. (2) Refuse containers on construction sites shall be subject to the following requirements: (A) No construction refuse container may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic; (B) Every construction refuse container shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and (C) Every construction refuse container shall be emptied when full so as not to create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials. (3) Temporary Government or Public Services Facilities. Temporary government or public services facilities, such as mobile classrooms, mobile offices, emergency shelters are permitted during an emergency or while a permanent facility is under construction to provide essential public services. Sec. 36.2 -522. - Zoning permits. (a) Applicability. The following activities require a zoning permit issued by the Zoning Administrator: (1) The erection, construction, placement, reconstruction, movement, relocation, modification, demolition, addition, or structural alteration of any structure requires a zoning permit issued by the Zoning Administrator, including installation of outdoor lighting, construction or creation of parking and loading areas, and installation of signs and the installation of required landscaping and screening; except that the following activities are exempt from the zoning permit requirement: A. Construction of accessory structures, walls, or swimming pools which are otherwise exempt from permit requirements pursuant to the Virginia Construction Code. (Ref. Sec. 108.2 Exemptions from application for permit); B. Construction of fences, arbors, and trellises; Sec. 36.2 -647. - Buffering and screening. Table 647 -1. Buffering and Screening of Certain Uses and Activities Activity or Use Wall of a principal building that contains less than 15% transparency Base of a retaining wall 5 or more feet in height within 10 feet of property line Any commercial or industrial process or activity occurring outside of a wholly enclosed building Activity or Use Loading area, bay door, loading dock, or truck terminal Refuse container storage area Location Buffering or Minimum Screening Materials i Height Between the wall and an abutting residential Buffer: Deciduous trees None district or MXPUD district. and evergreen shrubs Between the wall and an abutting residential Buffer: Evergreen district, multiple purpose district, or PUD district, shrubs 18 inches or between the wall and any public right -of -way. Between the location of the activity and any abutting residential district, multiple purpose Screen: Solid fence or 8 feet district, or PUD district, located within 15 feet of wall property line of the abutting lot or lots. Location Buffering or Screening Minimum Height Materials Between the loading area or loading dock and any Screen: Solid fence, abutting residential district, multiple purpose wall, or evergreen tree 6 feet district, or PUD district. screen Perimeter of the refuse container storage area 12" above the Exception: Not required where the aggregate Screen: Solid fence or height of tallest capacity of refuse containers is less than 0.5 cubic wall yard Icontainer Perimeter of the mechanical equipment that Ground mounted mechanical Screen: Fence or wall would otherwise be visible from any street 6" above the with a maximum of equipment, more than 36 inches in ' frontage or adjacent property height of the 40% open area69�6 e� g height Exception: Not required where the use is a single- tallest unit family detached dwelling or a two - family dwelling -� -- �' Perimeter of the mechanical equipment that Option 1 Option 16" above would otherwise be visible from any street Fence or wall with a . Ground- mounted mechanical the height of the equipment up to 36 inches in frontage or adjacent property maximum of 40% open tallest unit or area height Exception: Not required where the use is a single- Option 2 Option 2 18 inches family detached or atwo- family dwelling Evergreen shrubs at planting Mechanical equipment on roof Perimeter of the mechanical equipment that would otherwise be visible from any street frontage Screen: Fence or wall % vertical height with a maximum of of equipment from Exception: Not required in any industrial district 140% open area. adjacent street i Between wash bay openings and any abutting j Screen: Solid fence, Car wash residential district, multiple purpose district, or solid wall, or evergreen 6 feet PUD district. tree screen Commercial motor vehicle sales or Screen: Solid fence, service, new or used, or Between any display or service areas and any commercial motor vehicle storage i abutting residential district solid wall, or evergreen 6 feet tree screen area Between any speaker and any abutting residential Drive- through facilities district, where the speaker is directed toward the Screen: Solid wall 6 feet abutting residential district i I Screen: Solid fence, Between the pumps and canopy and any abutting Gasoline stations solid wall, or evergreen 6 feet residential district tree screen Perimeter of any area where the storage, Screen: Solid fence or Junkyards, wrecker yards, and collection, processing or other associated activity solid wall, and 6 feet recycling centers occurs, and which is not wholly enclosed within a i evergreen tree screen building j Motor vehicle or trailer painting Perimeter of any area used to store any visibly Screen: Solid fence, and body repair damaged or inoperative vehicles solid wall, or evergreen 6 feet tree screen Motor vehicle repair or service Perimeter of any area used to store any visibly !Screen: Solid fence, establishment damaged or inoperative vehicles solid wall, or evergreen 6 feet tree screen Motor vehicle sales and service Between the display area and any abutting Screen: Solid fence, establishment, new or used residential district solid wall, or evergreen 16feet tree screen Between the facility and any abutting residential Outdoor sports facility Buffer: Deciduous trees None district. Outdoor storage or self- storage facility Outdoor storage lot Between the storage area and any abutting residential district, multiple purpose district, or PUD district. Between the storage area and any residential district, multiple purpose district, or PUD district across a street Screen: Solid fence, solid wall, or evergreen 6 feet tree screen Between the storage area and any abutting Screen: Solid fence, evergreen or everg ! residential, multiple purpose district, or PUD solid wall, � 6 feet district and between the storage area and any tree screen residential, multiple purpose, or PUD district Deciduous trees across a street Along street frontage when not abutting a residential, multiple purpose, or PUD district across a street. Between container storage area and any abutting Portable storage container as Screen: Solid fence or residential district, multiple purpose district, or 6 feet accessory use solid wall PUD district. I I I Between any receptacle and any abutting Screen: Solid fence or Recycling collection point residential district, multiple purpose district, or 6 feet solid wall PUD district. Perimeter of any storage area for damaged or Screen: Solid fence or 'Towing services 6 feet inoperative motor vehicles or trailers solid wall Wireless telecommunications Screen: Solid fence, facility equipment Perimeter of the base of the facility and equipment solid wall, or evergreen 6 feet . tree screen Wireless telecommunications Frontage facing a street or side visible from a public street or visible from an abutting residential Buffer: Evergreen trees li tower, less than 100 feet in height district I Frontage facing a street or side visible from a Wireless telecommunications Buffer: Large deciduous public street or visible from an abutting residential tower, 100 feet in height or greater ' trees district I Sec. 36.2 -652. - Minimum parking. Table 652 -2. Required Parking Spaces Use Minimum Number of Parking Spaces Required Maximum Calculated as 1 Space for Each Specified Unit Parking Accessory Uses Accessory uses Residential Uses None Dwelling, single - family attached 0.6 dwelling unit N Dwelling, single - family detached None N Dwelling, two family 10.6 dwelling unit i Dwelling, multifamily, elderly (intended and designed i 1.3 dwelling unit N exclusively to house the elderly) N Dwelling, multifamily, other than elderly 0.6 dwelling unit Dwelling I Townhouse or row house :0.6 dwelling unit N N Dwelling, manufactured home Not applicable > Dwelling, mobile home i Accommodations and Group Living Bed and breakfast Guest bedroom, plus 2 spaces N Boarding house N Dormitory N I, Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed in this table N Group care facility, group care home 3 rooms or dwelling units Group care facility, halfway house N Group care facility, nursing home Group care facility, transitional living facility Group home, subject to Section 15.2 -2291, Code of Virginia N Room; add spaces for meeting or restaurant area as additional Hotel or motel y principal uses. Commercial Uses: Office and Related Uses Weed bankeF plasma centeF Business service establishment, not otherwise listed in this table 300 sf net floor area Employment eF temperary labor service Financial institution Laboratory, dental, medical, or optical 1,000 floor Laboratory, testing and research sf net area Medical clinic Office, general or professional 300 sf net floor area 'Outpatient mental health and substance abuse clinic i Commercial Uses: Miscellaneous __... Animal hospital or veterinary clinic .--__ 1500 sf net floor area Caterer, commercial Community market Drive- through facility Not applicable Drive- through kiosk Flea market 500 sf of Ar A isplay area Funeral home 4 seats in largest chapel or viewing room ... Kennel 1,000 sf net floor area Live -work unit 1.5 dwelling unit Mixed -use building Subject to the requirements of the uses in the building Outdoor advertising sign � None Pet crematorium 1,000 sf net floor area Y Y Y Y N N Y Y Y Y Y Y Y Y Y Y Y Y Y N Studio /multimedia production facility 500 sf net floor area Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Building supplies and materials, retail 300 sf net floor area Business service establishment, not otherwise listed in this table ii I Car wash 1.S self- service bay 0.25 automated service bay r_. Commercial motor vehicle rental establishment 1,000 sf net floor area Commercial motor vehicle sales and service :establishment, new or used 5,000 sf of lot area Contractor or tradesman's shop, general or special 600 sf net floor area trade Dry cleaning plant or commercial laundry 500 sf net floor area Gasoline station None General service establishment, not otherwise listed in this table 350 sf net floor area Laundromat Lumberyard 1,000 sf net floor area [Manufactured or mobile home sales 500 sf of sales and service building Motor vehicle rental establishment 1,000 sf net floor area Motor vehicle repair or service establishment 1.5 service bay r— Motor vehicle sales and service establishment, new or 750 sf net floor area used I Y Y Y Y Y Nursery or greenhouse, commercial 1,000 sf of indoor floor sales area plus 1 sl greenhouse or net outdoor sales and cust Personal service establishment, not otherwise listed in 300 sf net floor area this table Recreational vehicle or boat sales 1,000 sf net floor area Retail sales establishment —Large appliances, furniture, household fixtures, swimming pools, hot 1,000 sf of retail showroom area tubs, spas Retail sales establishment, not otherwise listed in this 250 sf of retail area table Storage building sales 500 sf of sales building Tattes PaFlGK 400 6f RP-t flGAFAF--a Industrial All industrial uses Warehousing and Storage Distribution center, not otherwise listed in this table 1,000 sf up to 10,000 sf of building area, tl 2,000 sf of remaining building area 5,000 sf up to 50,000 sf of building area, tl 10,000 sf of remaining building area Self- storage building Self- storage facility Storage of commercial motor vehicles Not Applicable Storage of motor vehicles for rental (no on -site rental or leasing facility) Tank farm, petroleum bulk station and terminal, or 1,000 sf up to 10,000 sf of building area, tl other aboveground storage of flammable liquids 2,000 of remaining building area Warehouse 5,000 sf up to 50,000 sf of building area, tl 10,000 sf of remaining building area Assembly and Entertainment Adult uses 1500 sf building area Amphitheater 6 seats or 600 sf of total assembly area, whichever is greater Y Amusement, commercial, indoor 250 sf net floor area �Y Amusement, commercial, outdoor 1,000 sf of activity area I Y Botanical garden or arboretum Not applicable �Y Club, lodge, civic, social, or fraternal organization 300 sf of net floor area N Community center Eating establishment Eating and drinking establishment 100 sf net floor area N Entertainment establishment Exhibition, convention, or conference center 8 persons of maximum load occupancy Y Gaming establishment 250 sf net floor area N Go -cart track _ ' 1,000 sf of activity area Golf course 0.5 holes I Health and fitness center 5 persons of maximum load occupancy Meeting hall 5 persons of maximum load occupancy �Y Paint ball facility, outdoor 2,000 sf of activity area Park or playground, not otherwise listed in this table None N i 4 seats or per 6 linear feet of bench seating in the portion of the Place of worship building to be used for services or the largest assembly room, Y iwhichever is greater Recreation, indoor — Bowling alley 0.5 lane �Y Recreation, indoor —Ice skating or roller skating rink 200 sf of skating area Y Recreation, indoor or outdoor — Basketball courts 0.5 court Recreation, indoor or outdoor — Batting cages 0.5 cage Y Recreation, indoor or outdoor — Skateboarding course 500 sf of skating area Recreation, indoor or outdoor — Swimming pools 75 sf of water area Y Recreation, indoor or outdoor—Tennis or other T1000 sf net floor area Cemetery 0.75 court racquet courts 1,000 sf net floor area Recreation, outdoor—Athletic fields 2,000 sf field area Recreation, outdoor—Golf driving ranges 0.75 tee - -------- — ------- Recreation, indoor, not otherwise listed in this table 500 sf of activity area Recreation, outdoor, not otherwise listed in this table 1,000 sf of activity area Sports stadium, arena, or coliseum S seats Theatr, movie or performing arts 5 seats Zoo 2,500 sf of display area Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area Artist studio T1000 sf net floor area Cemetery None Community food operation 1,000 sf net floor area Community garden None Day care center, adult 8 persons as permitted by max occupancy Day care center, child 8 children as permitted by max occupancy Day care home, child Not applicable Educational facilities, business school or nonindustrial 4 students school Educational facilities, college/university 4 full-time equivalent students Educational facilities, elementary T__ 0.5 classroom Educational facilities, middle 0.5 classroom Educational facilities, secondary 7 students y y y y y y N y y y N N y y N y y Educational facilities, industrial trade school 5 students Y Educational facilities, school for the arts 300 sf �Y Fire, police, or emergency services 500 sf Government facility —Jail 20 inmate capacity Government offices or other government facility, not otherwise listed in this Table 300 sf net floor area Hospital 500 sf net floor area Library 500 sf net floor area Military Reserve or National Guard Center 600 sf net floor area N N Y Y Y Y Museum i 1,000 sf net floor area I Y Post office 400 sf net floor area Y Supply pantry I 500 sf net floor area Y Training facility for police, fire, or emergency services 600 sf net floor area Y Transportation Uses and Structures Airport None i N Airport- related commercial and personal service uses 300 sf net floor area Bus maintenance, including repair and storage 2,000 sf building area N r tpr al or 4atig HARP Y Limousine service 300 sf net floor area of office N I 5,000 sf up to 50,000 sf of building area, then 1 space for every Motor freight terminal or truck terminal N 10,000 sf of remaining building area Railroad freight yard, repair shop, and marshalling 5,000 sf up to 50,000 sf of building area, then 1 space for every yard 10,000 sf of [remaining] building area Railroad passenger station None Y Taxicab business 300 sf net floor area Transit station None r Utility Uses and Structures Broadcasting studio or station 300 sf net floor area Broadcasting tower None Hazardous materials facility 300 sf office area Utility distribution or collection, basic None Utility distribution or collection, transitional None Utility generation or treatment 300 sf office area Utility maintenance and service facility 300 sf office area Wireless telecommunications facility None Agriculture Agricultural operations None Animal shelter 500 sf net floor area Stable, commercial 4 stalls Wildlife rescue shelter or refuge area 500 sf net floor area "sf" means the net floor area in square feet for the principal structure, or use otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2 -653 sha "N" means the maximum parking regulations shall not apply. APPENDIX A. - DEFINITIONS For the purposes of this chapter, the following terms and words shall be defined as set forth below, unless otherwise provided in this chapter: whele bleed er bleed plas;ma fer future use, 'RG'ud'ng the collection of bleed- firom dGREWS, tYPdRg d()Rated blood, sepaFatiRg GLIGh bleed dRtG SeVeFal Gornl)GRents, stering such whole bleed or bleed plasma, and prepaFiRg s---r-,h WA-A-d- for transfusions to reGipients. rn-ak.e a hele, mark, er GGaF, generally permanent in nature. For purposes of this definition, "body pierGing" does not 'nGlude the use of a mer--hano-zed, pre sterilized ear pierGing system that PeRetrates the eute Perimeter or Ioho of the ear, or both Bus maintenance, including repair and storage: A facility for the storage, transient housing or parking of buses for the purposes of performing maintenance and repairs and may include the incidental loading, unloading and interchange of passengers not otherwise defined as a transit station. Business service establishment: An establishment primarily engaged in the sale, leasing, or repair of office equipment, supplies, and materials, or the rendering of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, management and consulting services, office security services, advertising and mailing services, data and records storage, janitorial services, employment or temporary labor services and other professional, scientific, or technical services or administrative or support services not otherwise specifically listed in the Use Tables in Article 3 of this chapter. Dry Gleaning and laundr-y piGkup statien.- An establishment, seFViRg individuals or households, er operation of laundry or dry GleaniRg equipment or rnaGhinery on the premises Family: The term "family" includes: (1) One (1) or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit, or (2) Up to eight persons with mental illness, intellectual disability, or developmental disability who reside with one or more resident or nonresident UP W and including eight (8) mentally 611, MeRtally Fes' eRt nog �r,selors or o+hor staff persons in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (3) Up to and including eight aged, infirm, or disabled persons who reside with one (1) or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. The word "family" does not refer to more than four (4) persons unrelated by blood, marriage, or adoption except as specifically provided in (2) of this definition. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1 -3401 of the Code of Virginia (1950), as amended. Flea market: A market established at a permanent, fixed location, in an open area or within a &t ee where goods are offered for sale to the general public by independent vendors from open, semi - open, or temporary stalls, tables, or other spaces and where there are ordinarily no long term leases between sellers and operators. Janitorial seirvirwes An engaged in the cleaning ofdwellings, offices, 0 places of business, and rendering such Service on a fee or contract basis. Kennel: The keeping, raising, breeding, training, showing, renting, selling, or boarding of dogs or cats. Such activity shall not be considered a kennel where accessory to a principal residential use, provided that not more than four (4) dogs or four (4) cats, or six (6) cats if such six (6) cats have been spayed or neutered, exceeding six (6) months of age are kept. Pet grooming may be included as an accessory use. Laboratory, dental, medical, or optical: An establishment primarily engaged in bacteriological, biological, x -ray, pathological, or similar analytical or diagnostic services to medical doctors or dentists, and the production, fitting, or sale of optical or prosthetic appliances. Blood banks and plasma centers are considered medical laboratories. Personal service establishment: An establishment primarily engaged in the provision of frequent or recurrent needed individual services generally related to personal needs, such as the care of a person or a person's apparel, or the training and development of a person, including barber shops, beauty shops, nail salons, tanning salons, pet grooming services, dry cleaning or laundry pick up stations, dressmakers and tailors, shoe repair shops, art or music lessons, tattoo parlors or body piercing establishments and the like, but not including medical services, tattee parlors, or body piercing estab or any use which is otherwise specifically listed in the Use Tables in Article 3 of this chapter. Pet grooming.- AR establishment where, for a fee, demeStOG aRimals are bathed, clipped, or Gem er brushedd fGF the purpose ef enhancing their aesthetir-, value or health, and where all SUGh aGtivity oGGLIFS wholly eRGIesed in a building. For purposes of this definition, "demestir__ aapirn_als" c6h-RII dnrdude dogs and safs enfY Retail sales establishment. An establishment engaged in the sale or rental of goods, merchandise, or products directly to the consumer and including the incidental service of such merchandise. Retail sales establishments include warehouse clubs, grocery stores, florists, convenience stores, department stores, furniture stores, electronics stores, appliance stores, clothing stores, jewelry stores, drugstores, photo finishing services and supplies, picture framing, art galleries, bookstores, shoe stores, automobile parts and supplies store, antique stores, stationery stores, internet sales establishments, and similar retail establishments but shall not include any use or establishment which is otherwise listed specifically in the Use Tables in Article 3 of this chapter. Transit Station: a designated station where passengers embark and disembark that is owned or predominately operated by the public transit agency and may include a waiting area and restrooms for passengers. 2. This ordinance will become effective immediately upon adoption. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL .•. Epp To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code. Summary: The planning Commission held a public hearing on November 9, 2020. By a vote of 7 -0, the Commission recommends approval of the proposed amendments to the Zoning Ordinance. Background: Since the adoption of the current zoning code in December 2005, seventeen amendments have been adopted to ensure the code remains a relevant tool for implementing the City's comprehensive plan. The proposed amendments make four general changes: 1 . Replace the current Bus passenger terminal or station use, which is permitted by right in the CG district and by special exception in the D district with a new use, Transit station, defined as a publicly operated use, and proposed to be permitted by right in the D, 1 -1, MXPUD, INPUD, and IPUD districts. 2. Exempt fences, walls, and small buildings that are currently exempt from building permit requirements from the requirement to receive a zoning permit. These structures are still subject to the various standards in the zoning ordinance. 3. Consolidate a number of specific uses into existing broader uses (e.g., Tattoo parlor becomes part of a personal service establishment). 4. Expand temporary construction activity to include the temporary provision of government or public services facilities for the duration that a permanent facility is under construction or during an emergency. The Summary of Proposed Code Amendments, enclosed as Attachment A, provides a description of each proposed change. These amendments were developed by planning staff and initiated by motion of the Planning Commission at its regular meeting on October 12, 2020. Considerations: The basis for the change from the Bus passenger terminal or station use to the Transit station use is rooted in the City's comprehensive plan, Vision 2001 -2020, that recognizes the need for an integrated multimodal transportation network. Vision also notes the City will participate in regional transportation planning, including transit, through the Metropolitan Planning Organization (MPO). The Roanoke Valley Transportation Planning Organization ( RVTPO) serves as the MPO for the Roanoke area. The RVTPO has prepared and adopted several plans that identify and emphasize the need for the regional transit facility to be based on a hub with the primary transfer point located in downtown. As transit operations expand, other transfer facilities will likely be provided at other activity centers in the valley. Citations from the relevant planning documents are summarized in the table below. Planning Documents I Supporting Policy Comprehensive plan policies regarding transit facilities The Infrastructure: Transportation, Technology, Utilities section of Vision 2001 -2020 contains the following policies: • IN P1. Regional transportation planning. Roanoke will participate in regional transportation planning through the MPO to appropriately develop regional plans that support compact urban development, discourage sprawl, and emphasize multi -modal forms of transportation that prioritize facilities for bicycles, pedestrians, rail, and transit as well as accommodate automobiles. Cooperative planning on the local, regional, and state levels should include design features that maintain or improve connectivity of streets while maintaining neighborhood integrity and minimizing negative visual and noise impacts. • IN P2. Transportation system. Roanoke will provide a transportation system that is an integrated, multi -modal network of automobile, bicycle, pedestrian, and transit facilities. Interconnected street systems should be encouraged in new development and be maintained in existing development. New roadways through existing urban areas should be designed to minimize impact on the City's urban fabric and complement Roanoke's neighborhoods. 2 Planning Documents Support for Change in Regional Transportation Planning Documents Supporting Policy RVTPO Roanoke Transit Vision Plan • Long -range plan for future transit service, transit coverage and transit operations - demand at 6 years, 14 years, 25 years • Recommended large facility in the center of the region in downtown and smaller transfer facilities in the region developed over time to support regional network Valley Metro Transit Development Plan — 2018 • Recommends route adjustments /service improvements /new routes — relies on a downtown hub • Top capital improvement is a new downtown transit center Valley Metro Comprehensive Operational Analysis: • Short-term service improvements to be implemented before Transit Vision Plan • Recommends variant of the hub system or relocating the bus station within downtown to reduce congestion Vision 2040: Roanoke Valley Transportation Plan — 2017 (amended regularly) • Long -range plan with specific projects and budgets identified - the Bus Transit Facility — Valley Metro included as a priority project Permitting a Transit station use in the D, 1 -1, MXPUD, INPUD, and IPUD districts allows for implementation of the comprehensive plan and the regional transit plans. There is an important distinction between the existing and proposed regulatory approaches. Under the current zoning code, a "bus passenger terminal or station" could be operated by any entity, public or private. With the proposed amendment, "transit station" is defined in a way that limits operation to a public transit agency. Such limitation triggers additional layers of review: • Public hearing related to appropriation of funds and adoption of the budget and Capital improvement program. • Public hearing to purchase property. • National Environmental Policy Act (NEPA) review. • Section 106 review for impact on historic resources. • Federal Transit Authority (FTA) requires analysis of noise and vibrations associated with transit facilities. • Planning Commission review and recommendation to City Council on the design of public projects. 3 Planning Commission Work Sessions: Most of the discussion at the work sessions was related to the Transit Station use. Specifically related to noise assessment and abatement measures, and how other government related uses are permitted (i.e., by right or by special exception). Part of the NEPA documentation, as described above, focuses on determining the effects of noise and vibration associated with the project. Each federal oversight agency has crafted their own methodology and best practices to suit their industry. In terms of transit facilities, the Federal Transit Administration (FTA) has adopted the Transit Noise and Vibration Impact Assessment Manual dated September 2018. The manual provides a set of guidelines for evaluating the effects of noise and vibration of a proposed transit facility on surrounding areas. In addition, the manual provides guidelines on the mitigation strategies if the noise and vibration is expected to impact surrounding areas. The sound assessment and abatement measures are site specific based on type of transit operation and nearby land uses rather than a generic set of standards. A site - specific analysis is more appropriate than a generic standard when assessing noise impacts. Many essential government facilities such as fire, police or emergency services, government offices, libraries, schools, and railroad passenger terminals are permitted by -right in districts where the transit station use is proposed to be added. Making a public transit agency's transit station a by -right use in certain nonresidential districts would be consistent with the manner in which essential public facilities are considered, as shown in the Summary of Government Related Land Uses, enclosed as Attachment B. With respect to the amendment regarding permit requirements for certain types of work, the proposed amendments will exempt fences, walls, and small storage buildings from the requirement to obtain a permit. Such work is already exempt from a building permit requirement. The change will introduce consistency between the building code and the zoning code as well as lift a regulatory requirement placed on relatively minor work. Citizens installing fences, walls, and outbuildings will still be subject to the rules of the zoning code. Certain uses in the use tables that are marked for deletion have been deemed overly specific and will simply be included within the scope of other listed uses. The activities permitted as temporary construction activity are expanded to include temporary government or public services facilities so that essential services can be provided while a permanent facility is under construction or during a time of emergency. S Planning Commission Public Hearing and Public Comment: Prior to the Planning Commission public hearing, 45 emails were received, all of which related to the Transit station use. Three of the comments support a downtown transit station as an essential service to provide access to the various civic facilities, services and amenities in downtown, that transit provides equitable access that helps make a healthy and dynamic city, and that transit how we treat transit riders reflects on our community. • Two comments supported a transit station in close proximity to the AMTRAK platform to provide a multimodal transit hub with access and facilities for all potential users. The commenters asked that the city make a strategic decision in siting the station for the next 50 years. Forty comments expressed similar sentiment that the current special exception requirement protects property investments and that the proposed amendments disregard the BZA decision related to property at 3rd Street and Salem Avenue. If the zoning ordinance is changed, the commenters outline a number of criteria that a transit station should meet including but not limited to compatibility with the surrounding area, requiring such a facility to be indoors or underground in the Downtown district, considering effects on historic districts, providing lighting standards and that a temporary facility be permitted for emergencies only. At the public hearing 19 speakers addressed the Commission, all speaking on the Transit station use in the Downtown district. Sixteen speakers favored the Transit station as a use permitted by right noting among other items that transit is necessary for a vibrant downtown community; provides an essential transportation service, particularly for a number of people working downtown; that the current transit station has not affected property rentals or businesses in the its immediate vicinity; and that treating transit riders with dignity /providing good access through a modern facility is important. One speaker provided information on other similarly sized cities in the mid - Atlantic area that allow outdoor transit stations by right in their downtown areas. • Two speakers are opposed to a transit station as a by -right use in the Downtown district with one stating that the existing facility should be expanded an enhanced and the other stating support for transit but that the proposed amendments do not offer enough protection related to noise impacts, historic resources and that there are not standards for a temporary facility. It was noted that many cities have their transit stations located outside of downtown. As part of the public hearing, staff shared examples of outdoor bus stations in the peer cities of Lynchburg, Virginia; Asheville, North Carolina; and Savannah, Georgia as discussed at their November 6, 2020, work session. Planning Commission asked staff questions regarding the various review processes that would be required of a public project, opportunities for public involvement, and the role the Commission would play in reviewing such a project, as currently provided for in the zoning code. Additional comments from the commission noted some initial concern with a by- right transit station with a recognition that there would not be a perfect location with the wide distribution of uses downtown, some concern about potential negative impacts that was addressed by comments from business and property owners, recognition that appropriate vetting will occur, and that a by -right use is appropriate downtown to provide access to the cultural hub of the city. Conclusions and Recommendations: Staff recommends approval as the proposed Zoning Ordinance amendments address changes in state code, respond to recent case law, and otherwise update the zoning ordinance to produce better development outcomes for the City of Roanoke. Tina M. Carr for a'.­11, ,,"naM<a "` °' "' "' B. Al.- A-1 , CM1 DN. cn =i'ina M Cam for Kard B. Atwood. Karri B. Atwood, C °- „y°,B°,n °°-o ,"g Chair ma, na Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Summary of Proposed Code Amendments Attachment B, Summary of Government Related Land Uses Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Timothy Spencer, City Attorney Laura M. Carini, Assistant City Attorney Ian D. Shaw, Planning Commission Agent 9 ATTACHMENT A: Summary of Proposed Code Amendments Code Section Issue Resolution Use Tables Error in footer(s) 36.2-311 - Use table for Consolidating specific uses with Delete pet grooming as permitted use in RA PUDs residential districts more general categories 36.2-315 - Use table for Make a bus station a permitted use Added a new use - Transit Station, permitted by right multiple purpose in downtown in D. Deleted the current bus station use districts Consolidating specific uses with Deleted: more general categories • Blood bank and plasma center (becomes laboratory, dental, medical, optical) • Employment or temporary labor center (becomes business serve establishment) • Office, general or Professional, large scale (becomes office, general or professional) • Flea Market, indoor (becomes retail sales) • Body piercing establishment (becomes personal service establishment) • Dry Cleaning and laundry pick up station (becomes personal service establishment) • Internet sales establishment (becomes retail sales) • janitorial services establishment (becomes business service establishment) • Pet grooming (becomes personal service establishment) • Tattoo parlor (become personal service establishment) Code Section Issue Resolution 36.2-315 - Use table for Consolidating specific uses with Deleted: industrial districts more general categories • Office, general or Professional, large scale (becomes office general or professional) • Pet grooming; • Dry Cleaning and laundry pick up station • Internet sales establishment (becomes retail sales) •janitorial services establishment (becomes business service), uses Permit a Transit Station in 1 -1 Added a new use - Transit Station, permitted by right in 1 -1 Fix error in footnote Changed "residential" reference to "industrial" 36.2-315 - Use table for Consolidating specific uses with Deleted: planned unit more general categories • Blood bank and plasma center (becomes development districts Laboratory, dental, medical, or optical) • Office, general or Professional, large scale (becomes office general or professional) • Dry Cleaning and laundry pick up station (becomes personal service) • Pet grooming (becomes personal service) Permit a Transit Station in PUDs Added a new use - Transit Station, permitted by right in all PUD districts Add accessory apartment as Added accessory apartment as uses permitted by- permitted use by -right in MXPUD right in MXPUD and IPUD (currently S) and in IPUD Sec. 36.2 -405. - Bed and Allow a n entire dwelling unit to be Revised supplemental regulations to specify one breakfast, homestay, used as a homestay on a multi -unit homestay per property and that the and short -term rental property (e.g., a duplex) provided owner /leaseholder shall occupy the property during establishments the owner /leaseholder resides at guest stays the property during guest stays. Code Section Issue Resolution Sec. 36.2 -410. - Fences, 4 feet height is a standard stocked Change maximum fence in a front yard from 3' -6" to walls, arbors, and fencing material. With removal of 4' trellises permitting requirement for fences, it is likely that homeowners will use readily available material for projects - avoid code enforcement issues. Sec. 36.2 -429. - Need to accommodate temporary Expand temporary construction activities to include Temporary uses government facilities Temporary Government or Public Services Facility, Sec. 36.2 -522. - Zoning Permitting for fences and small Revise so no permit required permits structures is time consuming and we don't inspect Sec. 36.2 -647. - Inconsistency with mechanical Updated table 647 -1 Buffering and screening screening for residential uses Sec. 36.2 -652. - Remove parking standards for uses Table 652 -2 updated Minimum parking. that have been deleted Definitions New Transit station use Deleted Bus passenger terminal or station and add Transit station Revise Bus maintenance, including repair and storage term Blood bank /laboratory Delete Blood bank or plasma center use and revise definition of Laboratory, dental, medical, or optical Employment or temporary labor Delete and incorporate in Business service service establishment definition Tattoo parlor /body piercing Delete specific uses and incorporate in Personal establishment service establishment definition Dry cleaning and laundry pick up Delete and incorporate in Personal service station establishment definition Flea Market Revise to reflect outdoor use only Code Section Issue Resolution Kennel Acknowledge pet grooming as an accessory use Pet grooming Delete specific use and incorporate in personal service establishment Attachment B: SUMMARY OF GOVERNMENT RELATED LAND USES Chapter 36.2 -36 - Zoning Zoning Ordinance Use Zoning District Classification 0 0 N N O U: a 2' a' M OC 2 W 2 a' 2 a' X 2 Z U U U J U 0 ? O _ - Q X 2 � Z a Bus maintenance, including repair P P P and storage Community center P P P P P P P P P P Educational facilities, business S P P P P P P P P P P P school or nonindustrial trade school Educational facilities, P P P P P college/university Educational facilities, P P P P P P P elementary/middle/secondary Educational facilities, industrial P P P P P trade school Educational facilities, school for S P P P P P P P P P P P P the arts Exhibition, convention, or P P conference center Fire, police, or emergency services S S S S S S S P P P P P P P P P P P Government offices or other P P P P P P P P P P P government facility, not otherwise listed Library P P P P P P P P P P Park or playground P P P P P P P P P P P P P Recreation, indoor P P P P P P Recreation outdoor P P P P P P P P P Sorts stadium, arena or coliseum P Training facility for police, fire, or P S P P P P emergency services CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE. VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date November 20, 2020 Date Category Description Ad Size Total Cost 11/1212020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised h( 1 x 288 L 2,69656 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 10/27, 11/03/2020 The First insertion being given ... 10127/2020 Newspaper reference: 0001149708 Billing Representative Sworn to and subscribed before me this Friday, November 20, 2020 State of Virginia County of Hanover 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, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by entailing planninyftWngkeya,g9v, If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1:30 p.m, or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emalling planninO�roanokeva.gov or by calling (540)853.1330 by noon. Friday. November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means ip the event the public hearing i! conducted using electronic communication means. Writter comments of interested persons will tic received by the Secretarryy to the Planning Commission at pT nn ng9 rOanokeva.gov on or prior to 1:00 p.m. Friday, November 6, 2020. Application by Les Bowers and Brac Bowers for Upper Church, LLC, foi street closure at the end of the 40( block of Church Avenue SE adjacent ti: 9 properties identified as 0 Churct Avenue SE, bearing Official Tax Ma{ Nos. 4011119, 4011120, 4011121 4011122, 4011502, 4011503, 4011504 4011505, and 4011506, respectively creating a new terminus along a lint perpendicular to Church Ave SE starting at the northeast comer of Official Tax Map No. 4011506. Application by Kunal loshi and Jordan Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition, and to rezone Property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - C'J0214. The land use categories Permitted in INPUD include residential; accommodations and gruup living: commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District include residential, accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessary, with a maximum density Of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1.0. The Comprehensive Plan designates the properly for office and residential use. The proposed land use for property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos, 1312914, 1312913, and 1312912, respectively, is group care facility, halfway house, and the Proposed land use for property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, Is any use permitted within the MX District Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarity and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 362 -311, Use table for residential districts, to delete Pet grooming as a permitted use in the RA distriCL 2. Sec. 362 -315, Use table for multiple purpose districts, to add Transit station as a permitted use in the D district Delete Blood bank or plasma center; Employment or temporary labor service; Office, general or professional, large scale. Flea market, indoor; Body piercing establishment; Dry cleaning and laundry pick up station; Internet sales establishment, Janitorial services establishment; Pet grooming; Tattoo parlor; and Bus passenger terminal or station as permitted uses in all multiple purpose districts. 3. Sec. 362.322, Use table for Industrial districts, to add Transit station as a permitted use in the 1 -1 district To delete Office, general or professional, large scale; Pet grooming, Dry cleaning and laundry pickup station; and Janitorial services establishment as permitted uses in all industrial districts. Correct scrivener's error in table footnote. 4. Sec. 36.2.327, Use table for planned unit development districts, to add Transit station as a permitted use in the MXPUD, INPUD and IPUD districts. Delete Blood bank or plasma center; Office, general or professional, large scale; Dry cleaning and laundry pick up station; and Pet grooming as permitted uses in MXPUD, INPUD, and IPUD districts. 5. Sec. 36.2 -405, Bed and breakfast, homestay, and short-term rental establishments, to limit the number of homestays per property and to modify the requirement for the property owner or lease holder to occupy the property rather than a specific dwelling unit. 6. Sec. 36.2.410, Fences, walls, arbors, and trellises, to increase the minimum fence height in certain districts from 42 inches to 46 inches. 7. Sec 36.2.429, Temporary usrs, to acid Wolporary gnvemment or pubfir services facility to permitted construction - related activities. B. Sec. 361 -522, Zoning permits, to exempt certain small structures such as fences and small accessory structures, walls or swimming pools from requiring a zoning permit. 9. Sec. 362.647, Buffering and screening and Table 647 -1. Buffering and Screening of Certain Uses and Activities to clarify screening requirements for ground mounted mechanical equipment and to expand an exemption to two-family dwellings. 10-Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to delete references for uses that are being removed from the various use tables and add a reference for Transit station. 11-Appendix A, Definitions, to add definition for a Transit station, delete definitions for uses that were removed from the use tables and modify the definitions of Bus maintenance, including repair and storage, Business service establishment, Family, Flea market, Kennel, Laboratory, dental, medical or optical, Personal service establishment, and Retail sales establishment. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or may be obtained digitally by emailing ptanning LDroanokeva.gov. Tina M. Carr, secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on November 16, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 11, 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning (Proanokeva.gov or by calling (540)853.1330 by noon, Monday, November 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning@ r_oanokevagov on or prior to 1:66 p.m., Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Lincoln Avenue SW, bearing Official Tax Map No. 1530603, for a special exception pursuant to Section 362 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals (1149708) A4 PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`h floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing plannin (a,roanokeva.2ov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, November 6, 2020. The City of Roanoke Planning Commission will hold a public hearing on November 9, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing planninga)roanokeva..;ov or by calling (540)853 -1330 by noon, Friday, November 6, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planningCa',roanokeva.gov on or prior to 1:00 p.m., Friday, November 6, 2020. Application by Les Bowers and Brad Bowers for Upper Church, LLC, for street closure at the end of the 400 block of Church Avenue SE adjacent to 9 properties identified as 0 Church Avenue SE, bearing Official Tax Map Nos. 4011119, 4011120, 4011121, 4011122, 4011502, 4011503, 4011504, 4011505, and 4011506, respectively, creating a new terminus along a line perpendicular to Church Ave SE starting at the northeast corner of Official Tax Map No. 4011506. Application by Kunal Joshi and Jordana Anderson for Morning Rays, LLC, to rezone property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, with a condition, and to rezone property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, from INPUD, Institutional Planned Unit Development District, with a condition, to MX, Mixed Use District, and repeal the single condition related to operational use proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40033 - 090214. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with maximum density as specified on the planned unit development plan. The land use categories permitted in MX District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1.0. The Comprehensive Plan designates the property for office and residential use. The proposed land use for property located at 1801 Patterson Avenue SW and 2 parcels identified as 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1312914, 1312913, and 1312912, respectively, is group care facility, halfway house, and the proposed land use for property located at 1729 Patterson Avenue SW and 0 Patterson Avenue SW, bearing Official Tax Map Nos. 1212309 and 1212310, respectively, is any use permitted within the MX District. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2 -311, Use table for residential districts, to delete Pet grooming as a permitted use in the RA district. 2. Sec. 36.2 -315, Use table for multiple purpose districts, to add Transit station as a permitted use in the D district. Delete Blood bank or plasma center; Employment or temporary labor service; Office, general or professional, large scale; Flea market, indoor; Body piercing establishment; Dry cleaning and laundry pick up station; Internet sales establishment, Janitorial services establishment; Pet grooming; Tattoo parlor; and Bus passenger terminal or station as permitted uses in all multiple purpose districts. 3. Sec. 36.2 -322, Use table for industrial districts, to add Transit station as a permitted use in the I -1 district. To delete Office, general or professional, large scale; Pet grooming, Dry cleaning and laundry pickup station; and Janitorial services establishment as permitted uses in all industrial districts. Correct scrivener's error in table footnote. 4. Sec. 36.2 -327, Use table for planned unit development districts, to add Transit station as a permitted use in the MXPUD, INPUD and IPUD districts. Delete Blood bank or plasma center; Office, general or professional, large scale; Dry cleaning and laundry pick up station; and Pet grooming as permitted uses in MXPUD, INPUD, and IPUD districts. 5. Sec. 36.2 -405, Bed and breakfast, homestay, and short-term rental establishments, to limit the number of homestays per property and to modify the requirement for the property owner or lease holder to occupy the property rather than a specific dwelling unit. 6. Sec. 36.2 -410, Fences, walls, arbors, and trellises, to increase the minimum fence height in certain districts from 42 inches to 48 inches. 7. Sec. 36.2 -429, Temporary uses, to add temporary government or public services facility to permitted construction- related activities. 8. Sec. 36.2 -522, Zoning permits, to exempt certain small structures such as fences and small accessory structures, walls or swimming pools from requiring a zoning permit. 9. Sec. 36.2 -647, Buffering and screening and Table 647 -1. Buffering and Screening of Certain Uses and Activities to clarify screening requirements for ground mounted mechanical equipment and to expand an exemption to two - family dwellings. 10. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to delete references for uses that are being removed from the various use tables and add a reference for Transit station. 11. Appendix A, Definitions, to add definition for a Transit station, delete definitions for uses that were removed from the use tables and modify the definitions of Bus maintenance, including repair and storage, Business service establishment, Family, Flea market, Kennel, Laboratory, dental, medical or optical, Personal service establishment, and Retail sales establishment. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are available for review online or may be obtained digitally by emailing planning_0;roanokeva.2ov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on November 16, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 11, 2020, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning(&,,roanokeva.gov or by calling (540)853 -1330 by noon, Monday, November 9, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at pl nniniz c(�i,roanokeva.gov on or prior to 1:00 p.m., Monday, November 9, 2020. Application by Thomas and Kristen Turner for property located at 2239 Lincoln Avenue SW, bearing Official Tax Map No. 1530603, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, October 27, 2020, and Tuesday, November 3, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina.carr(& roanokeva. gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 for Monday's city council meeting ~# Hartman, Laura to clerk @roanokeva.gov 11/13/2020 09:00 AM "Hartman, Laura" <hartman @roanoke.edu> "clerk @roanokeva.gov" <clerk @roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Greetings, I am unable to attend Monday's city council meeting but I wanted to address the issue of the location of the bus station. Here are my comments to share with the council: I support a downtown bus station for multiple reasons. Primarily I feel that our current bus system does not treat riders with the dignity they deserve. To exile them to another part of the city is to treat them as lesser or unworthy. A nice, downtown bus station is a step in the right direction: an improved bus system, with more frequent service and electric buses, would be another step in the right direction. I agree with the vision of a vibrant, connected city that runs on excellent, inclusive public transit. Please join me in supporting the downtown bus station. Thank you! Laura Dr. Laura M. Hartman Assistant Professor - Environmental Studies Environmental Studies office 540- 375 -2445 hartmanLt)roanoke.edu pronouns: she, her, hers Roanoke College F1 - image003.png Fw: [EXTERNAL] Fwd: Stephen Grammer Susie McCoy to Cecelia Webb 11/16/2020 08:57 AM Susie McCoy /Employees /City_of_Roanoke Cecelia Webb / Employees /City_of_Roanoke @City_of_Roanoke FYI Cecelia "Susie" McCoy City Clerk City of Roanoke 540 - 853 -6358 - - - -- Forwarded by Susie McCoy/Employees/City—of—Roanoke on 11/16/2020 08:57 AM - - - -- From: "Joe Cobb" <joecobbforroanoke @gmail.com> To: "Susie McCoy" <Susie.McCoy @roanokeva.gov> Date: 11/16/2020 08:29 AM Subject: [EXTERNAL] Fwd: Stephen Grammer CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Susie, Wanted to make sure you have this as part of public comment for tonight's text amendment public hearing. Joe ---- - - - - -- Forwarded message --- - - - - -- From: Steve <gkws(cr�,yahoo.com> Date: Thu, Nov 12, 2020 at 7:35 PM Subject: Stephen Grammer To: Joe Cobb <ioecobbforroanoke( gmail.com> Hi Joe, If it's not too late for public comments about the bus station, my comments are as follows: Why is the city looking at the new bus terminal when people with disabilities are in need of so many things and there's never enough money in the budget to help us? Why do we need to spend millions on something that already exists? Before you make your decision, you really need to consider the needs of the less fortunate and decide if you are going to spend money on something that isn't really a necessity. Sincerely, Steve Grammer- Graduate of Partners in Policymaking 2013, Advocate for people with disabilities. Joe Cobb for Roanoke Vice Mayor and Member of City Council 540.556.6057 www.ioecobbforroanoke.com [EXTERNAL] Proposed amendments to Chapter 36.2, Zoning, of the Code of �;r the City of Roanoke - Greg Hanlon t : clerk 11/16/2020 10:26 AM "Greg Hanlon" <gshanlon89 @gmail.com> clerk @roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Honorable Mayor and Members of City Council, I am submitting a public comment in reference to the Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke. For the last 7 years, I have lived in Downtown Roanoke and have lived on Salem Ave for the last 2.5. As a resident with a personal investment in the future of Salem Ave and the Downtown of Roanoke I want to voice my concern about the proposed zoning amendment to the Roanoke City Code. The proposed amendment change to chapter 36 seems to be in direct response to the recent BZA decision to not allow the movement of the downtown bus station. As the City Council and elected leaders of the City I question the morality and transparency of this decision. Is this code change proposed so a specific project can proceed? The Roanoke City Strategic Plan focuses on the City of Roanoke's seven priorities: Education, Community Safety, Human Services, Infrastructure, Good Government, Livability and Economy, is this proposed code change the best use of resources and the ability to provide additional services for city residents? For example, the Homeless Assistance Team could greatly benefit from some of these resources and their reach could be impactful. Again, I want to voice my concern for the proposed change to the City Code as this change seems to be heavily focused on one specific project (which has not been allowed to proceed due to a BZA decision) and not focused on the sustainability of the City for years to come. Thank you, Gregory S. Hanlon [EXTERNAL] re: Regarding tonight's meeting Josh Chapman ?; clerk 11/16/2020 10:27 AM "Josh Chapman" <josh @communityhigh.net> clerk @roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello, Unfortunately, I will not be able to attend this evening's meeting regarding the future of the bus station in Roanoke, as I have a board meeting and cannot do both. I would, however, like the following read into the record: My name is Josh Chapman. I am not related to Bill Chapman; unlike him I was born in Roanoke and have lived here most of my life. Until I was old enough to own a car of my own - -which did not happen until I was 21 - -I used the bus system to go downtown regularly. Had I not been able to do so, I would not have been able to work at the Science museum, or serve in Mill Mountain Theater's Youth Ensemble. I would not have been able to use the library. Those assets were invaluable to me then, and they continue to be for youth across the city. I now work as the head of Community High School, and as such have additional perspectives, as a downtown community member, and as an advocate for area youth. Here's what I think from those perspectives: A group of frequent bus riders, downtown business owners, restaurant owners, public transportation advocates, etc., have been lobbying the planning commission to make sure we keep a bus station in the heart of downtown. Lucas Thornton (who, full disclosure, plans to develop in conjunction with the city's original plan, and so has a financial stake) rallied us to some degree. But we have our own reasons; mine are these: 1) Some of our school's community members - -by choice or out of necessity - -have used downtown bus services regularly to come to school. Adding an additional walk to that commute for the sake of a small number of wealthy citizens seems wrong. 2) The objections to having a downtown bus station generally seem to me almost entirely based on classism. 3) They are also mostly wrong; cities with much healthier downtowns than ours usually prioritize public transportation access. A lot of folks who WORK downtown need to get here too. In the past, that has included members of my faculty. 4) The majority of the city's public offices -- treasurer, etc. - -and courts are downtown, and constraining access to them will hurt our most vulnerable fellow citizens. 5) More bus riding is good for the environment. Bill Chapman's scheme will likely cut ridership. 6) Every kid who cannot drive or command a family member to drive them depends on the bus to go to the Virginia Room, the Center in the Square, the Taubman, the YMCA, etc.; to the extent that I can advocate for teenagers in general, I think a safe, clean facility in close proximity to downtown resources is vital. 7) 1 also worry about pedestrians and vehicles in the current Campbell Avenue station. It's too small, and suffers from the awkwardness of its location vis a vis buses pulling out onto the street. 8) Finally: I spent /wasted two years on a Downtown Citizens Advisory Committee, going to public meetings over and over, to finally recommend we build a multi -modal train and bus station downtown. Outside consultants were brought in who agreed. Virginia Tech grad students were consulted and agreed. As far as I can recall, everyone agreed except one lady who came to meetings and said we should have a Family Dollar where they put the Christmas tree. Then those plans were put aside. But it seemed a relatively transparent and democratic way to decide all this, and a pretty decisive one. This matter - -the need for a CENTRALLY LOCATED, SAFER, and ENLARGED bus station downtown, should be settled by now. Josh Chapman Academic Director and Head of School Community High School Joshua Chapman Academic Director Community High School 302 Campbell Ave SE Roanoke, VA 24013 (540)345 -1688 Lear %favor Lea and Members of the Roanoke City Council. Mx Name is 1-, ,) ,,; �k,j_ lj f ',erg% and I amt xcrrting today to encourage you to adopt the text amendments alloN�Ing for the de%clopment of a ne\\ municipal transportation facilit\ in the Downtown distnet. In suppotting the proposed text amendments, -on are taking an important step forward to\%ard a meaningful investment in public transportation that will make a real_ positive impact in lives of man\ Roanokers Manv in our community rely on the GRTC to provide ncccssar\ comiectivity - to Mork_ the grocery store, and public health centers. Manv of these scnices and businesses arc lixatcd doNyntov4 n, which is vchv dow ntovy n is consistently designated as the single most nnportant destination for GRTC riders Not onl hill a new modem station do\\ntoxn make a diftercnce todw, in the lives of thousands of Vallcv Metro clients. but an efficient and accessible station %k III also attract new riders As the effects of climate change become ever more acute. so too does the need to have a convenient alternative to single passcng *cr automobiles Pros,ressive cities from across the countn (Pittsburgh, Madison. .Asheville. Savannah. Columbus. Nashville, Binningliam just to name a fcxv) have successfulh integrated their public transportation huhs into their city centers creating a more vibrant, accessible, equitable, dryerse and nch community. As Roanoke gro«s_ I hope: we will look to cxatrnplcs like these rather than cities dominated bN traffic, coil _gcstion. acid larl;c vacant parkins" lots Adopting these text runcndments that provides the possibility of a station downtown is, of course. the nccessar\ first strap Thank you for considering this important change and I hope Doti mill affirm the: planning commission recommendation and adopt the proposed Sinccrch , Dcar Ma\or Lca and Mcmlx:rs of tl►c Roanoke Ot\ Council. Ah \amc is� and 1 am vyntinv toda% to encourage } ou to adopt the text amcndmcnis allovvuto for the devclopa nt ofa ncvv, municipal transportation facility in the Dovvntow-n district_ In supporting the proposed text amendments, \ou are taking; an important step fon\ard to\\ard a meaningful imestment in public transportation that \\ III make a real. positive impact in 1►\cs of man\ Roanokcrs Mam in our communit\ rcl\ on the GRTC to pro\ide necessar\ connecti\it\ - to \\ore. the grocer, store, and public health ccntcrs ?v°fany of these services and businesses are located (lox\nto\vn. \Much is \ h\ do\\ nto\\ n is consiste ntl\ designated as the single most important destination for G RTC" ndcrs Not onl\ \\►II a nc\\ modern station do mitowi make a differcncc toda\ in the h\cs of thousands of �`allcv Mctro clients. but an cfficicnt and accessible station will also attract ticvv riders As the effects of chmatc cham-c become cycr more acute, so too dies the need to hayc a convenicnt alternative to singlc pa,scng.cr automobiles Prugressivc cities from across the country (Pittsburgh. Madisow Asheville, Savannah, Columbus. \&,h\illc. Sirrningharn - dust to name a fc\ \) ha \e succcssfull\ mtcgrated their public transportation hubs into their cit\ ccntcrs creatitii a more \ibrartt. accessible, equitable. diverse and nch communit\ . As Roanoke grm\s. I hops: \\c \\ill look to cxaunplc, hkc these rather than cities dominated b\ traffic. congestion. and large vacant parking lots Adopting these text amendments that providcs the possibility of a station dovvntovyn is, of course. the ncccssar\ first step "1`hank \01.1 for considering this important change and I hope \ou \\ ill affirm the planning commission recommendation and adopt the proposed Sit fuck. i V r g R Dear Mayor Lea and Members of the Roanoke tits Council_ MN Namc i_ �Cd tM�, t �� writing today to cncoura :you to adopt the text amendments allosyinR for �c dcveloprncnt of ncys municipal transportation facilitc in the Dosvntossn distract In supporting the proposed text amendments. sou are taking an important step forssard toward a ntcamm-,ful investment in public transportation that will make a real. positive impact in lives of mans Roanokers Mane in our community rcic on the GRTC to prosidc necessary, conncctivits to %pork. the grocer store, and public health centers Man% of these ser%ioes and businesses are located do%snto%%n_ yshich is yshc downtossn is consistrntls dcsrgnatal as the single most important destination for GRTC riders Not only sill a nev% modem station doysntossn make a difference today in the lives of thousands of Valle\ Metro clients, but an efficient and accessible station mli also attract ness riders As the cflccts of donate change become ever more acute. so too does the need to have a convenient alternatise to single passcngcr automobiles. Pro.- ressiw cities from across the county-, (Pittsburgh, N—ladison_ Asheville, Sar:mnah, Columbus, \ashy ilk'. $rnningham — just to name a f`cys) have succcssfulty integrated their public transportation hubs into their city centers creating a more vibrant. accessible, equitable_ disersc and rich cornn till ih As Roanoke b,royvs. I hope yse will look to exaniples like these rather than cities dominated bs traffic, coni,cstron, and large vaunt parking loo Adopting these test amendments that provides the possrbihts of a station dossntoysn is, of course. the necessary first step Thank you for considering this important change and I hope cou tisill affirm the planning commission recommcndation and adopt dic proposed Sincerely . 9 71 -- r, 7 it Dear Mayor Lea and Members of the Roanoke City Council, NI} Name is Rtko*""d 1 am v. ,17161W, today to encourage you to adopt the text amendments alloying fir the development of a ne%% municip.il transportation facility in the Do%vntown district In supporting the proposed text amendments, wu are taping an important step forward to%%ard a me:uiingful investment in public transportation that will make a real. positive impact in lives of mam Roanokers. M uiv in our communaN rel on the GRTC to provide necessary connectivitri to work, the grocer store, and public health centers. Man. of these services and businesses are located downtown_ which is %%hc downtown is consistently designated as the single most important destmation for GRTC nders Not only will a new modern station do %%ntoivn make a difference today in the lives of thousands of Faller Metro clients, but an efficient and accessible station till also attract ncN% riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles Progressite cities from across the counin (Pittsburgh. Madison, Asheville. Savannah. Columbus Na hviilc. Binninghaiti - dust to name a fc \~) havc succcssfull integrated their public traisportation hubs into their city centers creating a more yibrint. accessible. equitable. diverse and rich communit\ As Roanoke ,rows_ I hope t,c will look to cxwnples like these rather than cities dominated bN traffic, congestion_ and large yaCvu parking lots Adapting these test amendments that prox idcs the possibility of a station downtov n is, of cour,e- the neccssar} first step 'Thank tou for considering this important change acid I hope you ��ill affinn the planning commission recommendation and adopt the proposed Sinccrel Dear Manor Lea and Members of the Roanoke City Council, ---7 My Name is 'V-Of Kv-'��nd I am writing today to encourage you to adopt the text amendments allowing for the development of a ne%\ municipal transportation facility in the Downtown district In supporting the proposed text amendments_ you are taking an important step forward toward a meaningful im cstment in public transportation that Neill make a real, positive impact in lives of many Roanokers Many in our community rely on the GR "rC to provide necessary connectivity -- to work, the grocery store_ and public health centers Many of these services and businesses are located downtown. which is eyhy downtown is consistently_ designatcd as the single most important destination for GRTC riders Not only will a ncwv modern station downtrnen make a drfterence today in the lives of thousands of Vallee Metro clients- but an efficient and accessible station will also attract new riders_ As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to sinstle passcnzrer automobiles. ` Progressive cities frorn across the countr\ {Pittsburgh. Madison, Asheville, Savannah. Columbus. Nashville, Birmingham - just to name a few} have successtuliv integrated their public trailspcmadon hubs into tirerr citR centers creating a more vibrant. accessible, equitable, diverse and rich commumt As Roanoke eroees. I hope eve gill look to examples like these rather than cities dominated by traffic, congestion. and large vacant parking lots Adopting these text amendments that provides the possibility of a station donntoeen is. of course, the necessary first step Thank you for considering this important change and I hope: wu x\ ill affirm the planning commission recornrncndatron and adopt the proposed Sinccrele , C, Thar %layor Lea and Members of the Roanokc Cut% Council_ ylv Name is <a ,,z and I am writing today to encourage you to adopt the text amendments allowing for tfic development of a new municipal transportation facility in die Downtown district In supporting the proposed test amendments, Not, are taking an important step forward toiard a meaningful investment in public transportation that iili make a rail. positive impact in lives of man\ Roanokers Nlanv in our community rely on the GRTC to provide neccssan connectivity to iora :. the grocery store. and public health centers Niany of these sen�iccs and businesses are located dointo%%n, which is why downtown is consistently designated as the single most important destination for GRTC riders. \ot 0111\ \vill a ncvy modem station dointown make a difference today in the lives of thousands of Vallcy :Nietro clients, but an efficient and accessible station w111 also attract nei riders. As the effects of chmate change become ever more acute. so too da:.s the need to have a convenient alternative to smwlc passenger automobiles. Progressive cities front across the counts (Pittsburgh. Madison, Asheville, Savannah, Columbus, Nashville, Birmingham just to name a fevy) have successfulh integrated their public trmsportation hubs into their city centers creating a more vibrant_ accessible, equitable. diverse and rich communaN _ As Roanoke gross. I hope %%c will look to cx.unples like these rather than cities dominated by traffic, congestion, and large vacant parking lots Adopting the-,c text amendments that provides the possibility of a station downtoin is_ of course. the necessar< first step Thank you for considering this important change and I hope you sill affirm the planning commission recommendation and adopt the proposed. Sinccrely. � lr Dcar Mavor Lea and Members of die Roanoke Cite Council. M� Name is C ,t , i and I am writin toda}' to encourage 1 - , . kc- age you to adopt the text amendments allowing for the de�c�opmedt ofa new municipal transportation facility in the Downtown district In supporting the proposed text amendments, \ou arc taking an important step forward toward a meaningful investment in public transportation that ti\ill make a real, positive impact in lives of man\ Roanokcrs. ManN in our communit- rely on die GRTC to provide necessar} connectivity to work - the grocery store. and public health centers Manv of these services and businesses are located doN%nto\,,-n, which is why downtown is consistent[\ designated its die single most Important destination for GRTC riders Not only v %ill a new modern station downtown make a difference today in the lives of thousands of Vallev Mctro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to suurlc passenger automobiles ` Progressnc cities from across the countn (Pittsburgh. Madison. Asheville. Savannah, Columbus_ Nashville. Birmingham dust to name a f.c*v0 have successfully integrated their public transportation hubs into their city centers creating a more %ibrajrt. accessible. equitable, diverse and rich community As Roanoke groves_ I hope vac will look to eyamples like these rather than cities dominated by traffic - congcstion. and large %actmt parking lots Adopting these text amendments that provides the possibility of a station do\vnto\ara is. of course. the necessary- first step Thank you for considering this important change and I hope wu %vill affirm the planning eommission recommendation rand adopt the propose,(. Sincere]\, i ,/ x Dear Mayor Lea and Members of the Roanoke City Counci I. M} Name is writin am g today to encourage you to adopt the text amendments allowing for the development da new municipal transportation facility in the Downtovvar distinct In supporting the proposed text amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of' mane Roanokers. Many in our comrnuniri rein on the GRTC to provide necessary connectivity - to work. the grocery store_ and public health centers `lam` of these serviws and businesses are located downtown, which is why downtown is consistend\ dcsignatcd as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley IL4etro clients, but an efficient and accessible station will also attract new riders As the effects of climate change become ever more acute, so too does the need to hays a convenient alternative to single passenger automobiles_ Progressive cities f oin across the countrn (Pittsburgh. %Iadison. ,Asheville. Savannah_ Columbus. Nashville. Binningham - just to name a Fcw) have successfully integrated their public transportation hubs into their city centers creating a more %ibrtnt. accessible, equitable. diverse and rich community As Roanoke grows. I hope we will look to examples like these rather than cities dominated by traffic, congestion_ and large vacant parking lots Adopting these text amcndnients that provides the possibility of a station downtown is. of course. the necessary first step Thank you for considering this important change and I hope voii wili affirm the planning; commission rccommendation and adopt the proposed. Sincerer Ucar Mayor Lea and Members of die Roanoke City Council. ti1y Name is '` 1 ? and barn writing today to encourage you to adopt the text amendments allowwing for the development of a new municipal transportation fact rtN in the Dowwnto+vrh district. In supporting the proposed test amendments_ you are taking an important step forward towvard it mcarungful investment in public transportation that will make a rca3_ positive impact in lives of main Roanokers. Many in our community rely on the GRTC to provide neccssary connectivity - to «ork. the grocery store.. and public health centers Man% of these services and businesses arc located dowvntowvn_ which is wvhy downtown is consistently_ designated as the single; most important destination for G R C riders Not only vwill it new mcxicni station dowwntown make a diffen:nce today in the Yves of thousands of Vallcv N9etro clients, but an efficient and accessible station i% ill also attract news riders. As the effects of climate change become ever more acute, so too do::s the need to have a convenient alternative to singic passenger autoinobilcs ` Progressive cities front across the countrw (Pittsburgh. Madison, Asheville_ Savannah. Columbus. Nashville_ Birmingham -- just to name a fctw) have succcssfi►lh integrated their public trail sportatioll hubs into their city centers creating a more vibrant. accessible. equitable, diverse and rich conimunitw As Roanoke grows_ I hope we will look to examples like these rather than cities dominated b,, traffic. cungesnon, and lart*,c vacant parking lots Adoptinu thac test amendments that provides the possibility of a station downtown is. of course. the nccessan first step 'l-hank you for considering this Important change and I hope you eeill affirm the planning commission re.conimcndanon and adopt the proposed Sin,crclw ri Dcar Mayor Lea and Members of the Roanoke Cit% Council, �h Name is 1et+ti'L^ t hand 1 am \%riting today to encourage You to adopt the text amendments allowing for the deg el %� merit of a new Dp municipal transportation facilitt in the Downtown district. In supporting the proposed text amendments, you are taking an important step forward to%%ard a meaningful investment in public transportation that wilt make a real, positive impact in liwes of' inam Ro<utokcrs Mary in our comrnunit\ rely on the GRTC to provide necessarw connectivity - to work. the grocer\ store. and public health centers. Many of these services and businesses are located do%wntcr%en. which is wiry downtown is consistent]\_ designatcd as the single most important destination for G RTC riders Not only «ill a uc%w modem station downto%%n make a dif ercnce today in the lives of thousands of Ville% Mctro clients, but an efficient and accessible station %w ill also attract new riders_ As the effects of clinrrte change became ever more acute. so too does the need to have a convenient alternative to single pa„cngcr automobile; Piosgressive cities from across the countr% (Pittsburgh. Madison, Asheville. Savannah_ Columbus. Nashville. Binningham just to name a fc%%) have successfulFv integrated their public transportation hrihs into their city centers creating a more vibrant. accessible. equitable, diverse and rich community As Roanoke grows. I hope %ve will look to examples like these rather than cities dominated b% traffic, congestion, and large vacant parking lots Adopting these text amendments that provides the possibility of a station downtown is, of, course. the nccc5sary first step Thank you for considering this important change and I hope you %%ill affirm the planning commission reeommendanon and adopt the purposed �inccre,h . `K near Mavor Lea and Members of thc. Roanoke CitN COMIC rI, M% Name. is I ` and I ant «ntrne toda% to encourage rou to adopt the text amendments alloy ring for the dckelopntcnt of ne%% municipal transportation facility in the Downtown district In supporting the proposed text amendments. rou arc taking an important step fomard vmard a meaningful in%cstment in public transportation that %ill make a real. positive impact in !rues of` mam Ro<anokers Main in our conmiunity rely on the GRTC to provide necessarn connecti%it. to cork. the grocery store. and public health centers Mangy of these, scrrtces and businesses are located downto\,.n, which is wh\ downtown is consistentl\ designated as the single most iml-wt<tnt destination forGR "fC riders Not only urll a ncv% modem Station domitcmn make a drfierencc today in the lives of thousands of Vallcv Metro clients, but an efficient and accessible station »ill also attract nvNv riders As the effects of climate chant *c become cwr morc acute, so too does the need to havc a convenient alternative to sitwic passenger automobiles Progresstvc cities from across the wuntry Wittsburg.h. Madison, Asheville, Sa%annah. Columbus. Nashville. Binningharn just to name a fcvv) hare successfulk integrated their public transportation hubs into their cit\ centers creating a morc \ rbrant, accessible- equitable, diverse and rich communm As Roanoke gro\\s. I hope \Nc *rill look to example: like these rather than cities dominated b\ traffic congcstion- and large \;scant parking lot` .Adopting these text amendments that provides the possibrlitr of a station downta�rn is_ of course - the necessar y first step Thank you for considcnng this important change and I hope you mll affirm the planning commission rectxtuncndation and adopt the proposed Sincerer r Dear Ala } or Lea and Members of the Roanoke Cit` Council. Mv if<une is L1.1 A.and I am canting today to encourage you to adopt the text amendments allo%� ing for the development of a c %\ municipal transportation facilitti in the Do«mtown distract In supporting the proposed text amendments. you are taking an important step for\Nard toward a meaningful investment in public transportation that will make a real. positive impact in Ives of ntan� Roanokers_ Many in our communitc reh on the GRTC to provide neecssary conncctivity to work_ the grocen store, and public health centers Man of these services and businesses are located downtov`n, which is why downtovan is consistcnth designated is the single inost important destination fir GRTC riders Not onh v%ill a ncvv modem station downtown make a difference today in the lives of- thousulds of Vallee %'Ictro clients. but an efficient and accessible station will also attract new riders As the effects of climate chars,,,: become ever more acute_ so too does the need to have a convenient alternative to single passenger automobiles Pro ressive cities from across the countyv (Pittsburgh, Nladison, Asheville. Savannah, Columbus. ��tshville Birrninghani just to narnc a fcvv) havc successfuih integrated their public transportation hubs into their city centers creating a more Vibrant, accessible, equitable, diverse and rich comini mm As Roanoke grows. 1 hope we will look to examples like these rather than cities dominated bk traffic, congestion. and large vacant parking lots Adoptinv, these text amendments that provides the possibility of a station dovoitovNn is. of course_ the, neecssar\ first step Thank you for considering this important change and I hope you bill affirm the plarinuhg commission recommendation and adopt tlhc proposed sincerch i ` I Dear Mayor Lea and Members of the Roanoke City Council, My Name is Lee Woody and I am writing today to encourage you to adopt the text amendments allowing for the development of a new municipal transportation facility in the Downtown district. In supporting the proposed text amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of many Roanokers. Many in our community rely on the GRTC to provide necessary connectivity — to work, the grocery store, and public health centers. Many of these services and businesses are located downtown, which is why downtown is consistently designated as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley Metro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles. Progressive cities from across the country (Pittsburgh, Madison, Asheville, Savannah, Columbus, Nashville, Birmingham — just to name a few) have successfully integrated their public transportation hubs into their city centers creating a more vibrant, accessible, equitable, diverse and rich community. As Roanoke grows, I hope we will look to examples like these rather than cities dominated by traffic, congestion, and large vacant parking lots. Adopting these text amendments that provides the possibility of a station downtown is, of course, the necessary first step. Thank you for considering this important change and I hope you will affirm the planning commission recommendation and adopt the proposed. Sincerely, Zee Zf/oaea!iy 225 23rd Street, 9302 Roanoke, VA, 24014 Dear Mayor Lea and Members of the Roanoke City Council, My Name is James B McCloskey and I am writing today to encourage you to adopt the text amendments allowing for the development of a new municipal transportation facility in the Downtown district. In supporting the proposed test amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of many Roanokers. Many in our community rely on the GRTC to provide necessary connectivity — to work, the grocery store, and public health centers. Many of these services and businesses are located downtown, which is why downtown is consistently designated as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley Metro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles. Progressive cities from across the country (Pittsburgh, Madison, Asheville, Savannah, Columbus, Nashville, Birmingham — just to name a few) have successfully integrated their public transportation hubs into their city centers creating a more vibrant, accessible, equitable, diverse and rich community. As Roanoke grows, I hope we will look to examples like these rather than cities dominated by traffic, congestion, and large vacant parking lots. Adopting these text amendments that provides the possibility of a station downtown is, of course, the necessary first step. Thank you for considering this important change and I hope you will affirm the planning commission recommendation and adopt the proposed. Sincerely, 3119 Allendale ST SW Roanoke, VA 24014 Dear Mayor Lea and Mein bers of the Roanoke City Council, My Name is Jessica Joy and I am writing today to encourage you to adopt the text amendments allowing for the development of a new municipal transportation facility in the Downtown district. In supporting the proposed text amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of many Roanokers. Many in our community rely on the GRTC to provide necessary connectivity — to work, the grocery store, and public health centers. Many of these services and businesses are located downtown, which is why downtown is consistently designated as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley Metro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles. Progressive cities from across the country (Pittsburgh, Madison, Asheville, Savannah, Columbus, Nashville, Birmingham — just to name a few) have successfully integrated their public transportation hubs into their city centers creating a more vibrant, accessible, equitable, diverse and rich community. As Roanoke grows, I hope we will look to examples like these rather than cities dominated by traffic, congestion, and large vacant parking lots. Adopting these text amendments that provides the possibility of a station downtown is, of course, the necessary first step. Thank you for considering this important change and 1 hope you will affirm the planning commission recommendation and adopt the proposed. Sincerely, , � pul 726 Wildwood Rd SW Roanoke, VA 24014 Dear Mayor Lea and Members of the Roanoke City Council, My Name is Kelly Jones and I am writing today to encourage you to adopt the test amendments allowing for the development of a new municipal transportation facility in the Downtown district. In supporting the proposed text amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of many Roanokers. Many in our community rely on the GRTC to provide necessary connectivity — to work, the grocery store, and public health centers. Many of these services and businesses are located downtown, which is why downtown is consistently designated as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley Metro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles. Progressive cities frorn across the country (Pittsburgh, Madison, Asheville, Savannah, Columbus, Nashville, Birmingham — just to name a few) have successfully integrated their public transportation hubs into their city centers creating a more vibrant, accessible, equitable, diverse and rich community. As Roanoke grows, I hope we will look to examples like these rather than cities dominated by traffic, congestion, and large vacant parking lots. Adopting these text amendments that provides the possibility of a station downtown is, of course, the necessary first step. Thank you for considering this important change and I hope you will affirm the planning commission recommendation and adopt the proposed. Sincerely, Sk� '4 1111312020 35 Campbell Avenue, SW Apt Roanoke VA 24011 Dear Mayor Lea and Members of the Roanoke City Council, My Name is Matthew Joy and I am writing today to encourage you to adopt the text amendments allowing for the development of a new municipal transportation facility in the Downtown district. In supporting the proposed text amendments, you are taking an important step forward toward a meaningful investment in public transportation that will make a real, positive impact in lives of many Roanokers. Many in our community rely on the GRTC to provide necessary connectivity — to work, the grocery store, and public health centers. Many of these services and businesses are located downtown, which is why downtown is consistently designated as the single most important destination for GRTC riders. Not only will a new modern station downtown make a difference today in the lives of thousands of Valley Metro clients, but an efficient and accessible station will also attract new riders. As the effects of climate change become ever more acute, so too does the need to have a convenient alternative to single passenger automobiles. Progressive cities from across the country (Pittsburgh, Madison, Asheville, Savannah, Columbus, Nashville, Birmingham — just to name a few) have successfully integrated their public transportation hubs into their city centers creating a more vibrant, accessible, equitable, diverse and rich community. As Roanoke grows, 1 hope we will look to examples like these rather than cities dominated by traffic, congestion, and large vacant parking lots. Adopting these text amendments that provides the possibility of a station downtown is, of course, the necessary first step. Thank you for considering this important change and I hope you will affirm the planning commission recommendation and adopt the proposed. Sincerely, %ifatYkuv ?ey 726 Wildwood Rd SW Roanoke, VA 24014 Page 1 of 1 [EXTERNAL] Fwd: Stephen Grammer Joe Cobb If to: Susie McCoy 11/16/2020 08:29 AM Hide Details From: "Joe Cobb" <joecobbforroanoke @gmail.com> To: "Susie McCoy" <Susie.McCoy @roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Susie, Wanted to make sure you have this as part of public comment for tonight's text amendment public hearing. Joe ---- - - - - -- Forwarded message --- - - - - -- From: Steve <s gkws(awahoo.com> Date: Thu, Nov 12, 2020 at 7:35 PM Subject: Stephen Grammer To: Joe Cobb <joecobbforroanoke�gmail.com> Hi Joe, If it's not too late for public comments about the bus station, my comments are as follows: Why is the city looking at the new bus terminal when people with disabilities are in need of so many things and there's never enough money in the budget to help us? Why do we need to spend millions on something that already exists? Before you make your decision, you really need to consider the needs of the less fortunate and decide if you are going to spend money on something that isn't really a necessity. Sincerely, Steve Grammer- Graduate of Partners in Policymaking 2013, Advocate for people with disabilities. Joe Cobb for Roanoke Vice Mayor and Member of City Council 540.556.6057 www.j oecobbforroanoke.com file: / / /C:/ Users /cfmccoy /AppData/ Local /Temp /notes56C3C9 /—webl691.htm 11/16/2020 CECELIA F. hICCOY, CHIC Cite Clerk James T. Jordan Attorney at Law 25 E. Main Street Salem, Virginia 24153 Dear Mr. Jordan: 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: clerkCa roanokeva.goN November 17, 2020 CECELIA T. WEBB, ChIC Depute Cite Clerk I am enclosing copy of Ordinance No. 41919 - 111620 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Keystone Community Center, Inc., ( "Applicant') a Virginia non - stock, non - profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk c: Pat Carter, Director, Keystone Community Center, Inc., 101 17th Street, S. E., Roanoke, Virginia 24013 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Robert S. Cowell, Jr., City Manager Timothy R. Spencer, City Attorney Sherman M. Stovall, Deputy City Manager W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Susan S. Lower, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst 9c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41919 - 111620. AN ORDINANCE exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Keystone Community Center, Inc., ( "Applicant ") a Virginia non - stock, non - profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 16, 2020; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, at 101 17th Street, S.E., Roanoke, Virginia (Tax Map #4210623), (the "Real Property "), and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Real Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant. a non - stock, non - profit corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which Real Property is owned by the Applicant and used exclusively for charitable or benevolent purposes on a non- profit basis. Continuance of this exemption shall be contingent on the continued use of the Real Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2021, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to James T. Jordan, Esquire. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: O.U� J-. City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by Patricia Carter, Director of Keystone Community Center, Inc., a Virginia non - stock, non - profit corporation, this day of 32020. Keystone Community Center, Inc. By: Name: Title: y CITY COUNCIL AGENDA REPOR To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: Request By Keystone Community Center Inc. for Exemption from Real Property Taxes on Property located at 101 17" Street Background: Keystone Community Center Inc. ( "Keystone "), a non - stock, non - profit 501 (c) (3) corporation, has filed a request for exemption of its real property located at 101 17th Street SE, Roanoke, Virginia, bearing Tax Map No. 4210623 ( "Property "). Keystone desires the Property to be designated as exempt from real property taxes pursuant to the provisions of Section 58.1 -3651 of the Code of Virginia. Keystone is a nonprofit Christian organization which uses the Property for religious, charitable, and benevolent purposes that include the operation of after school programs; bible studies; programs in food preservation, gardening, education, sewing; summer camps; and community events to promote underserved communities in the Roanoke Valley. Keystone is the sole occupant of the Property and does not lease the Property to third parties. At present, annual real estate taxes due on the Property are $1,883.68 based on the Property's total tax assessed value of $154,400. Keystone is current in the payment of its real estate property taxes. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331- 051903, with an effective date of January 1, 2003. Based on this policy and procedure, Keystone has timely provided the necessary information to the City required for applications to be considered by City Council for exemptions that would take effect January 1, 2021. As noted above, the assessed value of the Property is currently $1 54,400 with annual taxes due of $1,883.68. In lieu of the $1,883.68 in real estate taxes, Keystone would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the Property's current tax assessed value, the service charge would be $376.74. Consequently, the City would be foregoing $1,506.94 annually in real estate tax revenue. Commissioner of the Revenue, Sherman Holland, has determined that Keystone is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes Keystone as a 501(c)(3) tax - exempt nonprofit organization. A copy of Keystone's petition is attached, which includes Keystone's answers to the questions City Council must consider in determining whether to grant Keystone such exemption. Notification of a public hearing to be held November 16, 2020, was duly advertised in The Roanoke Times as required by applicable law. Recommended Action: After consideration of comments received determining that granting the exemption reqt ordinance to authorize Keystone Community Property from real property taxation pursuant Virginia, and Article X, Section 6 (a) 6 of the effective jlanuit X2021. - - -- --------------- - - - - -- Robert S. Cowell, .J r. City Manager at the public hearing, and tested is appropriate, adopt an Center Inc. exemption to the to Section 58.1 -3651, Code of Constitution of Virginia, to be Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Sherman M. Stovall, Deputy City Manager W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance James T Jordan, Attorney at Law, 25 E. Main Street, Salem, VA 24153 E VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X. SECTION 6(a)(6) OF TI IF CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND i IFMBERS OF COUNCIL OF THE CITY" OF ROANOKE: Your Petitioner. Keystone Community Center. Inc.. a Virginia, non - stock. not for profit corporation owns certain real property, located at 101 17`x' Street SE in the City of Roanoke. Virginia. which property is City of Roanoke Tax Map ID 44210623 . with a total assessed value of $154,400.00 and a total of $1.8$3.64 in real property taxes that were paid or would have been paid in the most recent rear. desires to be an organization designated pursuant to the provisions of Sec. X8.1 -365 1, of the Code of Virginia, as amended. in order that the referenced real property. to be used exclusively for charitable and benevolent purposes for the operation of a Christian organization offering after school programs; bible studies: programs in food preservation, gardening, education, sewing: summer camps; after school programs: and community events to promote underserved communities in the Roanoke Valley. be exempt from taxation under the provisions of Article X. Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the propert% so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke. an annual service charge in an amount equal to twenty percent (20 °0) of the Citv of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt. for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the propert . or any portion thereof. is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met. the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district. agrees to pay to the Citv of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow- a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 195=1 on October 18, 2017. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic bevera-es has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allo%%ance for salaries or other compensation for personal services which such director. officer or employee actually, renders. (A): No. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal -rants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): No. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it offers after school services, food pantry_ clothes closet, neighborhood clean -up, bible studies. summer camps, and community charity e %ents. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda. or otherwise attempting to influence le <oislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction. race. color, sex or national origin. (A): No. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. (Q): Any other criteria, facts and circumstances. which the governing body deems pertinent to the adoption of such ordinance. (A): All funds for the operation of this organization are from donations. and being tax exempt would free up more of the funds for the programs and activities serving the community. Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, Keystone Community Center, Inc., respectfully requests to the Council of the Cite of Roanoke that this real or personal property. or both. of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing after school programs. bible studies. summer camps, and charitable events to promote underserved communities in the Roanoke Valley. Respectfully submitting this October 14. 2020. Keystone Community Center. Inc. By: \� ` Coo sel James T. Jordan. Esq. VSB# 4-4212 25 E. Main Street Salem. VA 24153 540.389.673 540.387.=4106 (fax) COMMISSIONER OF THE REVENUE CITY OF ROANOKE :t August 1, 2020 James T. Jordan Attorney at Law 25 E. Main Street Salem. VA 241;3 SHERMAN A. HOLLAND C©MMISSIONFR GREGORY S. EMERSON CHIEF DEPUTY Re: Exemption of property located at 101 17" Street, SE, Roanoke, VA Keystone Community Center, Inc. Parcel No. 4210623 Dear Mr. Jordan, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. This property is currently being taxed by the City of Roanoke for real estate taxes for the 2020 -21 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may submit a petition to the City Clerk's Office to apply for the exemption for non - profit organizations through City Council. They can be reached at (540) 853 -2541. If you have further questions about the process, please contact the Department of Finance's Management and Budget Division at 853 -6800. Their staff will arrange to meet with you to discuss the pertinent information to consider as well as review the sample petition and documentation that must be completed and /or included in the submittal packet. Should you have any additional questions please do not hesitate to call. Sincerely, Sherman A. Holland Commissioner of the Revenue SAH,'jec Cc: City Clerk's Office Dept. of Finance's Management and Budget Division 215 Church Avenue SW. Room 251 * Roanoke, Virginia 24011 Phone 040) 853 -2521 * Fax (5401 853 -I 115 * wi,w.rocmokegov.com INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date. .1A N Ul 0 9 2018 KEYSTONE COMMUNITY CENTER 101 17TH ST SE ROANOKE, VA 24013-1303 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 82-3179937 DLN: 26053745005047 Contact Person: CUSTOMER SERVICE ID# 31954 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31A Public Charity Statiis: 509(a)(2) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption* October 18, 2017 Contribution Deductibility: Yes Addendum Applies: No We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter '14221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 -2- KEYSTONE COMMUNITY CENTER Sincerely, Director, Exempt Organizations Rulings a&d Agreements Letter 947 James T. Jordan Attorney at Law 25 E. Main Street Salem, VA 24153 (540) 389 -6735 (540) 387 -4106 (fax) July 10, 2020 Sherman A. Holland Roanoke City Commissioner of Revenue 215 Church Avenue SW # 303 Roanoke, VA 24011 Re: 101 17"' Street SE, Roanoke, VA 24013 Dear Mr. Holland, I am writing regarding the tax - exempt status of Keystone Community Center, a non - profit corporation. Keystone is a Christian organization that offers after school programs, bible studies, summer camps, and community events to promote underserved communities in the Roanoke Valley. The corporation recently became an independent affiliate of the Roanoke Valley Baptist Association, Inc. and was granted tax - exempt status from the Internal Revenue Service under IRC Section 501(c)(3), a documentation of which is attached to this letter. The Roanoke Valley Baptist Association formerly owned the property where Keystone operates, located at 101 17th Street SE. In accordance with Keystone becoming an independent corporation, title to that property was conveyed to Keystone by deed in September 2019. Despite Keystone's tax - exempt status, the City of Roanoke has attempted to collect real property taxes for the 17th Street property. On behalf of the Keystone Community Center, I am requesting that the organization be determined exempt from real property taxes in accordance with their charitable status under IRC 501(c)(3). According to Virginia Code Section 58.1 -3617, property owned by a religious association used "exclusively for charitable, religious, or educational purposes shall be so exempt" from real property taxes. Keystone's demonstrated charitable use of the property for vital community support necessitates the granting of this exemption. Sincerely, James T. Jordan ,*Seunyl119�1 9q )1111 IIn1' d 4WYY Ilild(if�IlU41� lY @ry � %- <--- ,crop r-w -a rwr-a ia._a r-w i 7t y► •C oeaD .-i -Wt.� or- Enjoy the 2019 year of pictures of how we shared Jesus and to show you our appreciation! Pictures from left to right: Our children say Thank You for your support, chives growing in winter, teeth lost get a scripture pillow, frozen food & canned pickles preserved by our teen girls, our new greenhouse (Thanks Sam & Phil), 2backyard gardeners w /their harvest, 1 of our youth being baptized, boys looking sharp for Thank You Tour, planting herbs, Little Lambs watch newly hatched chicks used to tell the story of Peter denying Jesus 3 times Pictures from left to right: after school sends best wishes too volunteer on mission trip in Africa, Lunch at church after the kids sing, Little Lambs painting letter P princess crowns and then go outside to welcome spring, volunteers teach bible stories, after school goes to Coopers Cove for race night w /their painted wooden cars, after school kids visit radio booth at News boys concert, afterschool eats lunch after they perform, volunteers Sam & Phil replace some gutter, afterschool plants sweet potatoes then play on playground, our new donated garden tiller from a garden supply arrives from Amelia County, backyard gardeners garden, after school making Thank You cards, a formerstudent comes back to have her baby shower Pictures from left to right: classes in crock pot apple butter, buckets of tomatoes from back yard garden, 30 Ibs of sweet potatoes from our garden fed over 50 people, pumpkin patch pumpkins get their seeds roasted, little gardeners harvested their garlic, teen girls make their 15` baby blanket, family pumpkin patch trip w/ 54 people, surprise baby shower for after school family(boy Santiago born in Nov) , after school kids count dimes turned in for the "Mites for Missions" program (4K collected to date), 1 student decides not to say the blessing, Villa Heights youths wrap food boxes Pictures left to right: Bonsack Baptist leftovers feeds over 20 people a week, after school icings little cakes to say Thank You to station 6 first responders & then delivered, ties pre -tied for concerts, children practice for concert, photo with baby Jesus, adult bible study line up for Thanksgiving meal, after school sings at Thanksgiving, 58 food boxes ready to go, volunteers serve afterschool family meal and they ate good, what a gorgeous salad all grown and picked from our own garden, this year we had a "Happy Birthday Jesus" party w /after school singing & wise men led by the star gave out the gifts The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - CLERKS OFFICE Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 Account Number 6007932 Date November 06, 2020 Date Category Description Ad Size Total Cost 11/15/2020 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x 65 L 366.40 The total assessed value of the applicants real estate for which tax exemption is being sought, is 11/06/2020 $154,400.00 for the 2020 tax year, with a tax of $1.883.68. The loss of revenue will be $1,506.94 annually after a 20% service charge is levied in lieu of real estate taxes. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemto given disaster. All persons wishing The First insertion ... 11/06/2020 address City Council must sign -up with the City Clerk's Office by emailing 853 -2541 by 1 :0. a. v or calling November Newspaper reference: 0001153371 853 -2541 by 11:00 a.m., on November 16. 2020. The full text of the proposed Ordinance Publisher of the NOTICE OF PUBLIC HEARING is on file in the Office of the City Clerk, Roanoke Times Notice is hereby given that the City Council of the City of Roanoke will hold Municipal Building, 215 Church Avenue, a public hearing at its regular meeting to be held on Monday, November 16, 2020, commencing at 7:00 p.m., in the I, (the undersigned) an authorized representative of the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Roanoke Times, a daily newspaper published in Roanoke, in the Avenue, S.W., Roanoke, Virginia on the question doption of an ordinance a State of Virginia, do certify that the annexed notice NOTICE OF g ant to pursu to Section 58.1 -3651, Code of (540)853-2541- Virginia ( as amended, approving the request est o of keystone community PUBLIC HEARING was published in said newspapers on the p Center, Inc., for designation of its real property, identified as 101 17th street, following dates: S-E., Roanoke, Virginia (Tax Map who needs accommodations for this #4210623), as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is 11/06/2020 $154,400.00 for the 2020 tax year, with a tax of $1.883.68. The loss of revenue will be $1,506.94 annually after a 20% service charge is levied in lieu of real estate taxes. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemto given disaster. All persons wishing The First insertion ... 11/06/2020 address City Council must sign -up with the City Clerk's Office by emailing 853 -2541 by 1 :0. a. v or calling November Newspaper reference: 0001153371 853 -2541 by 11:00 a.m., on November 16. 2020. The full text of the proposed Ordinance is on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C_ Taylor Municipal Building, 215 Church Avenue, k�l S.E., Roanoke, Virginia, 24011. For ML further information on the matter, you . may contact the City Clerk's Office at (540)853-2541- Billing Represen ti e If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541. before 12.00 Sworn to and subscribed before me this Friday, November 6, 2020 y noon on Thursday, November 12, 2020. . GIVEN under my hand this 2nd day of November. cCo Cecelia F. McCoy, i City Clerk (1153371) Notary $hWicR Carsten NOTARY PUBLIC State Of Virginia of V r_gini„ County Of Hanover � " Rz' '`-- tl'ar' Numberx' 549 ii s�,i rill > July 31 2027 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, November 16, 2020, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Keystone Community Center, Inc., for designation of its real property, identified as 101 17th Street, S.E., Roanoke, Virginia (Tax Map #4210623), as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $154,400.00 for the 2020 tax year, with a tax of $1,883.68. The loss of revenue will be $1,506.94 annually after a 20% service charge is levied in lieu of real estate taxes. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 a.m., on November 16, 2020. The full text of the proposed Ordinance is on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 12, 2020. GIVEN under my hand this 2nd day of November, 2020. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Friday, November 6, 2020. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 P. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41920 - 111620. AN ORDINANCE authorizing the lease of approximately 1,158.50 square feet, more or less, of City owned property, located on the third floor of the Annex at Berglund Center, located at 710 Williamson Road, Roanoke, Virginia 24016, to Sinclair Television Stations, LLC, d /b /a WSET -TV, to be used for office and studio space; authorizing the City Manager to execute a lease agreement with WSET for such purposes; and dispensing with the second reading of this ordinance by title. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. City Council authorizes the lease of approximately 1,158.50 square feet, more or less, of City owned property, located on the third floor of the Annex at Berglund Center, located at 710 Williamson Road, Roanoke, Virginia 24016, to Sinclair Television Stations, LLC, d /b /a WSET -TV to be used for administrative offices and as a studio from which its local coverages are broadcast, for an initial term of (3) years, commencing January 1, 2021 through December 31, 2023, subject to two (2) additional renewal terms of one (1) year each, as further set forth in the City Attorney's letter to Council dated November 16, 2020. 2. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement between the City of Roanoke and Sinclair Television Stations, LLC, d /b /a WSET -TV, substantially similar to the lease agreement attached to the City Attorney's November 16 letter to City Council. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Cam - City Clerk. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 Timothy R. Spencer TELEPHONE 540 - 853 -2431 City Attorney FAX 540- 853 -1221 EMAIL: cityatty @roanokeva.gov November 16, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Re: Authorization for Lease of Office Space at Berglund Center With Sinclair Television Stations, LLC, d /b /a WSET -TV Mayor Lea and Members of Council: David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys Sinclair Television Stations, LLC, d/b /a WSET -TV ( "WSET "), has been leasing a portion City owned property located on the third floor of the Annex at Berglund Center since 2006 to use for administrative office space and a studio from which WSET's local coverage is broadcast. The current lease expires December 31, 2020. WSET desires to continue leasing this space from the City, and has requested to enter into another lease agreement with the City for an initial term of three (3) years, commencing January 1, 2021, through December 31, 2023, subject to two (2) additional terms of one (1) year each. The leased space consists of approximately 1,158.50 square feet, more or less, and would be rented at an initial base rent of $20,273.75 for the first year of the lease, subject to annual increases thereafter. The remainder of the third floor of Berglund Center Annex would continue to be used as office space for Berglund Center staff. A copy of the proposed lease agreement is attached to this letter. Considerations: Lease of this space will provide an additional revenue source for the Berglund Center. The City of Roanoke would also receive positive exposure within greater than a one - hundred -mile radius. Recommended Action: Authorize the City Manager to execute a lease agreement with Sinclair Television Stations, LLC, d/b /a WSET- TV, for lease of approximately 1,158.50 square feet, more or less, of office space to be used by WSET for studio broadcasts and administrative offices. Such lease agreement shall be substantially similar to the lease agreement attached to this letter, upon form approved by the City Attorney. Sincerely, TirA . S ncer itorne y TRS /rry Robert S. Cowell, Jr., City Manager Sherman M. Stovall, Deputy City Manager Amelia Merchant, Director of Finance Troy D. Harmon, City Auditor Cecelia F. McCoy, City Clerk Robyn Schon, General Manager, Berglund Center BERGLUND CENTER LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease Agreement ") is dated this ______ day of,____________ 2020, by and between CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, having its principal office located at Noel C. Taylor Municipal Building, Room 3654, 215 Church Avenue, S.W., Roanoke, Virginia 24011 (hereinafter "Lessor ") for the use of Berglund Center, located at 710 Williamson Road, Roanoke, Virginia 24016 and SINCLAIR TELEVISION STATIONS, LLC, D /B /A WSET -TV, TV, a Delaware corporation, with its principal office located at 2320 Langhorne Road, Lynchburg VA 24501 (hereinafter "Lessee" or "WSET "). WITNESSETH: WHEREAS, Lessor owns and operates Berglund Center, a multi - purpose event center complex, consisting of the Coliseum, Performing Arts Theatre, the Annex which includes administrative offices and the Special Events Center, and Berglund Hall; WHEREAS, WSET has agreed to be a major occupant of the third (3'd) level of the Annex building at Berglund Center ( "Annex "); WHEREAS, Lessee requires administrative office and television studio space to serve the Roanoke portion of its television market area; WHEREAS, the Lessor desires to lease certain space to Lessee for a three (3) year term, with an option to extend such term for two (2) additional terms of one (1) year each, for the above purposes; and WHEREAS, both parties desire to enter into the Lease Agreement for this purpose; WHEREAS, this Lease Agreement was authorized by Ordinance No. , adopted by Roanoke City Council on November 16, 2020, after a public 1 hearing was advertised and scheduled. NOW THEREFORE, in consideration of the terms, conditions, covenants, promises and agreements contained herein made, the parties mutually agree as follows: SECTION 1. DESCRIPTION OF PREMISES: Lessor does hereby lease to Lessee, and Lessee leases from Lessor, the following described premises located at 710 Williamson Rd., NE, Roanoke, VA, 24016, consisting of One Thousand One Hundred Fifty- Eight and One Half (1,158.50) square feet, more or less, located on the third (3rd) floor of the Annex at Berglund Center ( "Premises "), and as marked on the attached Exhibit A, which is incorporated and made part of this Lease Agreement. The Premises does not include any other portion of Berglund Center, provided, however, Lessor agrees to allow Lessee to utilize the large conference room on the floor of the Annex, when available for use, without charge to the Lessee. SECTION 2. TERM: The initial term of the Lease Agreement is for a period of three (3) years, beginning on January 1, 2021, commencing at 12:01 a.m. and expiring at 1 1 :59 p.m. on December 31, 2023. Upon three (3) months advance written notice to Lessor, the parties agree that the term of this Lease Agreement may be extend for two (2) terms of one (1) year each commencing upon the expiration of the initial term or a renewal term. The initial term of the Lease Agreement, together with any renewal terms, shall not exceed a cumulative total of five years. SECTION 3. RENT: Lessee agrees to pay Lessor rent on a monthly basis for the term according to the following schedule: a. Year One: $20,273.75/year b. Year Two: $20,887.76/year c. Year Three: $21,513.35 /year $1,689.48 /month $17.50 psf $1,740.65 /month $18.03 psf $1,792.78 /month $18.57 psf d. Renewal Year One: $22,158.75 /year $1,846.56 /month $19.13 psf 2 e. Renewal Year Two: $22,823.51 /year $1,902.96 /month $19.70 psf Rent shall be due no later than the 151 day of each month, payable at the office of the Roanoke City Treasurer, Room 254, Noel C. Taylor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, or at P.O. Box 1451, Roanoke, Virginia, 24007. If payment is not received by the 10th day of the month, a late payment fee in the amount of 5% of the rent due for that month will be added to that month's rent as due and owing. Such late charge shall be considered as additional rent due the Lessor. Lessee's obligations under this paragraph shall survive the expiration or termination of this Lease Agreement. In the event a check for rent is returned for insufficient funds, Lessee shall within (5) days of written notice by Lessor, deliver to Lessor collected funds by, at Lessee's sole discretion, cashier's check or electronic deposit, to cover the original amount due plus the then existing rate imposed by the Roanoke City Treasurer in administrative fees and costs. No payment by Lessee or receipt by Lessor of a lesser amount than the rent, or other amounts herein stipulated shall be deemed to be other than on account of the rent due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment thereof be deemed an accord and satisfaction, unless the Lessor otherwise agrees in a writing signed by both Lessor and Lessee. Lessor may accept such check of payment without prejudice to Lessor's right to recover the balance of such amounts or pursue any other remedy provided in this Lease Agreement or bylaw. SECTION 4. TAXES AND ASSESMENTS: Lessor agrees to be responsible for the payment of taxes, fees, and other assessments assessed against the Premises by any governmental authority, unless such assessments are made due to the cause of Lessee's actions. SECTION 5. PURPOSE AND USE OF PREMISES: The Premises are leased to be used and occupied by Lessee, its agents and employees, for use as office and television studio spade and related activities, and for such other purposes and uses the parties may otherwise mutually agree in writing. Lessee shall not use the Premises for any unlawful or offensive business purpose or so as to constitute a nuisance. The Premises shall be open and available to WSET Twenty -Four (24) hours per day, every day of the year. Lessee shall not cause, maintain or permit any nuisance in, on or about the Premises, nor shall Lessee in any way obstruct or interfere with the rights of other occupants of the Premises. Lessee agrees to comply fully with any and all local government, state and federal laws, regulations and ordinances, limiting and regulating the use, occupancy or enjoyment of the Premises, including and not limited to, any reasonable regulations adopted by Lessor to comply with executive orders promulgated by the Governor of the Commonwealth of Virginia to prevent the spread of the COVID -19 pandemic (e.g. wearing mask and facial covering and maintaining social distancing); and Lessee, further agrees specifically to comply fully with the Virginia Uniform Statewide Building Codes (BOCA) and the Virginia State Fire Safety regulations. SECTION 6. DELIVERY OF POSSESSION: Lessor covenants to deliver the Premises to Lessee at the commencement of the Lease Term in its AS IS condition, provided that Lessor warrants that all plumbing, heating, air conditioning, electrical and mechanical devices and appliance of every kind and or nature located upon or serving the Premises are, or will be, in good repair, condition and working order as of the commencement of the Lease Term. SECTION 7. MAINTENANCE AND REPAIR: A. Lessor covenants to keep, repair and maintain, at Lessor's expense, the Premises and all plumbing, heating, air conditioning, electrical, mechanical devices, appliances and equipment of every kind or nature located upon or serving the Premises in good repair, condition and working order, suitable to the purpose and use for which Lessee has leased same, during the term of this Lease Agreement, for any and all damage not necessitated by LI the fault of Lessee, and, if necessary, shall make such alterations, additions, and /or modifications of the Premises and all equipment, electrical and mechanical devices and appliances therein or serving same so as to comply at all times with all applicable federal, state and local laws, ordinances, roles and regulations pertaining to health, safety, fire and public welfare. As used herein the word repair shall be deemed to mean and include replacement of broken or cracked glass. B. Lessee agrees to take good care of the Premises, fixtures, and appurtenances thereto, and suffer no waste or injury thereto, and agrees that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of Lessee, its employees, agents, customers, or guests. At the end of the term of the Lease Agreement, Lessee will surrender the Premises in as good condition as Lessee obtained the same at the commencement of the term, reasonable wear and tear excepted. C. Lessor shall not be liable for damage to either the person or property of the Lessee nor its employees, agents or invitees nor for the loss of or damage to any property of the Lessee by theft or from any other cause; except to the extent such damage or loss is caused by Lessor's negligence or willful misconduct. SECTION 8. EXTERIOR SIGNAGE AND ANTENNAE: A. Lessee shall have the right to install signage in and on the exterior and interior of the Premises, and for other existing signage to remain, to identify Lessee's television station operation. All signage must be in compliance with City of Roanoke sign ordinances, other applicable federal, state and local laws and regulations and approved by Lessor in writing prior to such installation, which approval will not be unreasonably withheld, conditioned or delayed. Lessee agrees that it is the responsibility and sole obligation of Lessee to maintain such signage in good condition and repair, at Lessee's expense. In the event such signage deteriorates or is no longer maintained in good condition and repair causing the Premises to appear unsightly or detract from the overall appearance of Berglund Center, in Lessor's 5 reasonable discretion, Lessee agrees that Lessor may demand Lessee to remove such offending signage at Lessee's expense, upon thirty (30) days written notice to Lessee. Lessee agrees that it shall repair or replace any damage to the Premises caused by the installation or removal of such signage at Lessee's sole expense. B. Antennae or cameras mounted on the fa4ade or roof of Berglund Center must be approved in writing by Lessor, which will not be unreasonably withheld, conditioned or delayed, and must be in accordance with applicable federal, state or local laws, rules regulations or ordinances and may not be visible from the street or exceed the size as determined by such laws, rules, regulations and ordinances. SECTION 9. PARKING: Lessor hereby agrees to provide Lessee licenses to use four (4) parking spaces to be used in Lot D of Berglund Center. Lessor and Lessee agree and acknowledge that Lessee, on thirty (30) days written notice and approval from Lessor, may use additional space(s) on an as- needed basis, provided that vacancies for the use exist. Provided further, any parking spaces that Lessee receives pursuant to this Lease Agreement may on rare occasion be preempted by Lessor in the event Lessor needs the entirety of Lot D parking spaces to accommodate a particular event at Berglund Center. In such an instance, Lessor agrees to provide Lessee reasonable notice of the need for such spaces prior to such event. Lessee further agrees and acknowledges that the four (4) parking spaces that it shall receive under this Lease Agreement do not provide any right or interest in and to any specific parking space within the lot for which the parking permit is issued. Parking passes will be issued to authorized staff of Lessee to be displayed in each vehicle. Lessor shall have no liability of responsibility of any type to WSET or its employees, officers, or agents for any failure to provide the parking spaces it provides under this Lease Agreement that may be due to causes beyond Lessor's control, including, but not limited to, accidents, acts of God, severe weather, or any orders or regulations of an federal, state or 6 local government body. Lessor shall have no liability to Lessee for any acts of vandalism or other crimes to any vehicles used by Lessee or its employees that are parked at Berglund Center and Lessee agrees that it is assuming the risk for any such acts of vandalism or crimes. SECTION 10. ALTERATIONS BY LESSEE: Lessee, having first obtained written approval of Lessor, which shall not be unreasonably withheld, conditioned or delayed, may make such alterations, modifications, additions and /or improvements upon or to the Premises and may install or remove such fixtures and partitions as Lessee may deem proper, provided, however, that any structural alteration of the roof, foundation or exterior walls shall require the written consent of Lessor. All material used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and /or installed by Lessee shall remain the property of Lessee and, upon termination or expiration of this Lease Agreement, may, at Lessee's option, be removed, on the condition that the Premises will be restored to their original condition if such removal causes damage to the Premises. Materials, which are affixed the Premises, shall become the property of Lessor upon termination of this Lease or any renewal thereof. Movable equipment, leasehold improvements, and other articles of personal property which may be installed by WSET at its expense, or which is rented by it, shall remain the property of the owner thereof and maybe removed at anytime. SECTION 11. UTILITIES: Lessee covenants and agrees to pay and be responsible for the following utilities to service the Premises as follows: telephone, telephone data, telephone wiring. Lessee covenants and agrees to provide janitorial service and supplies beyond weekly vacuuming and removal of trash provided by Lessor. Lessor shall be responsible for maintenance and repairs to the heating and air conditioning systems, and routine maintenance of both interior and exterior systems. Provided however, Lessor may have the right, but not the obligation, to enter the Premises no more than once a week to vacuum, which shall be coordinated with 7 Lessee in advance of such entry. SECTION 12. INSURANCE: A. 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 date of this Lease Agreement. The following policies and coverages are required: (1) 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 person or property arising out of the Lessee's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (2) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 12 of this Lease. (3) Lessee's Insurance. 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 Lessee's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. (4) Workers' Compensation. Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Leased Premises. 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 Lessee's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance coverages and amounts set forth in subsections (1), (2), (3) and (4) 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. 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), (2), (3) and (4) and it is further agreed that such n- statement shall be made a part of the certificate of insurance furnished by Lessee to Lessor. B. All insurance shall meet the following requirements: (1) Lessee shall furnish Lessor a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. (2) The required certificate or certificates of insurance shall include substantially the following statement: "Shall follow notification procedures in policy." (3) The required certificate or certificates of insurance shall name the City of Roanoke, Berglund Center Commission, its officers, employees, agents, volunteers and representatives as additional insured except as to coverage under Section II (AX4). Additional insured coverage must be primary and Lessor's insurance is non - contributory. (4) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (5) Insurance coverage shall be in a form and with an insurance company approved by Lessor 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. SECTION 13. SUBLEASING AND ASSIGNMENT: Lessee may not assign its rights under this Lease Agreement or sublet the whole or any part of the Premises, without the prior written consent of the Lessor, which will not be unreasonably withheld, conditioned or delayed. Regardless of Lessor's consent, no subletting or assignment shall release Lessee or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. Lessor maintains the right to lease or utilize remaining office spaces on the third floor of the Annex in its sole discretion. SECTION 14. WARRANTIES AND INDEMNIFICATION: Lessor warrants and covenants that it has the right to make this Lease Agreement for the term hereof, and if WSET performs all the covenants, terms, and conditions of this Lease Agreement to be performed by WSET, WSET shall, during the term hereof, freely, peaceably and quietly occupy and enjoy the Premises. Except for those intentional or negligent actions attributed to Lessor's or its officers, agents, and employees, Lessee agrees to defend, 9 indemnify and save harmless the Lessor, the Berglund Center Commission, its officers, agents, and employees from and against any and all liabilities, damages, costs, expenses, cause of action, suites, claims, demands, or judgments of any nature whatsoever, including, without limitation, reasonable attorneys' fees, arising from injury to or death of persons or damages to property, negligent or otherwise, resulting from Lessee's use of the Premises. SECTION 15. DAMAGE OR DESTRUCTION OF PREMISES. A. If the Premises are damaged by fire or other casualty so as to render same, in the opinion of Lessee, untenantable for the purpose or use for which Lessee has leased same, this Lease Agreement, and all obligations hereunder, shall immediately terminate upon Lessee's giving notice of that fact to Lessor by certified or registered mail, return receipt requested, as hereinafter provided. B. If the Premises are damaged by fire or other casualty, but not, so as to render same untenantable, in the opinion of Lessee, for the purpose or use for which Lessee has leased the Premises, upon being so notified by Lessee by certified or registered mail, return receipt requested, Lessor, to the extent Lessor receives any insurance payments for such damages, shall repair and restore within a reasonable time, at Lessor's expense, the Premises to its former condition. As used herein, the words "repair" and "restore" shall be deemed to mean and include replacement of broken, cracked or damaged glass or windows. SECTION 16. INSPECTION OF PREMISES: The Lessor or Lessor's agent shall, upon reasonable notice to Lessee, have access during normal business hours to the Premises for the purpose of inspection and making repairs. Lessor shall have the right to show space to prospective tenants during the last three (3) months of the term of the Lease Agreement; provided that (i) Lessor coordinate any such showing with Lessee and (ii) Lessor and the prospective tenants agree to abide by Lessee's then current health and safety policies and procedures during such visit. SECTION 17. TERMINATION: Notwithstanding any provision in this L1eoase Agreement to the contrary, the happening of any of the following events shall constitute a default which shall entitle Lessor, in addition to other rights and remedies it may have, to an immediate right to re- entry without service or notice or resort to legal procedures and without Lessor being guilty of trespassing, or becoming liable for any loss or damage which may be occasioned thereby. Such default events are: (a) the filing by, or on behalf of or against Lessee of any petition to or pleading to declare Lessee insolvent or unable to pay its debts or meet its obligations under the laws of the United States or any state or a receiver of the property of Lessee is appointed; or the levy of execution of other taking of property, assets, or the lease hold interest of the Lessee; or (b) failure of Lessee to perform any of the terms, conditions, or covenants of this Lease for more than thirty (30) days after written notice of such failure shall have been given to Lessee. Should Lessor elect to re -enter as set forth herein, or should Lessor take possession pursuant to legal proceedings or pursuant to any provisions under law, Lessor may terminate this Lease. SECTION 18. NOTICE: All notices required by law to be served upon, and all notices permitted by this Lease to be mailed to, a party of this Lease Agreement shall be served upon or mailed to, as the case may be, the following agents for each party who are hereby appointed and designated as such for the purpose of receiving all such notices: To Lessor: Robyn Schon General Manager Berglund Center 710 Williamson Road Roanoke, VA 24016 To Lessee: George Kayes, General Manager Sinclair Television Stations, LLC d /b /a WSET -TV 2320 Langhorne Rd. Lynchburg, VA 24501 With a copy to: Sinclair Broadcast Group, Inc. Attention: General Counsel 10706 Beaver Dam Road Hunt Valley, MD 21030 11 Each party shall immediately notify the other party, in writing, of any change of agents and no change of agents shall be effective until such notice is given. Where, under the terms of this Lease Agreement, a notice is required or permitted to be mailed by certified or registered mail, return receipt requested, and such notice is not mailed in such manner, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is directed. SECTION 19. BINDING UPON SUCCESSORS: This Lease shall be binding upon the heirs, successors in interest and assigns of the parties hereto. SECTION 20. COMPLIANCE: Lessee hereby covenants and agrees to comply with all laws, ordinances and regulations of governmental authorities where in the Premises are located. SECTION 21. MODIFICATION: This Lease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this Lease. SECTION 22. SECTION HEADINGS: Headings to the Sections are mere catchwords and are illustrative only; they do not form a part of this Lease nor are they intended to be used in construing same. SECTION 23. FORCE MAJEURE: Except as otherwise expressly set forth herein, in the event either Lessor or Lessee shall be delayed or hindered in, or prevented from, the performance of any act or rendering of any service required under this Lease Agreement, by reason of strikes, inability to obtain materials, failure of power, restrictive governmental laws or regulations, acts of God, incidences of terrorism, wars or riots, civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, or other reasons of a similar or dissimilar nature which are beyond the reasonable control of the Lessor or Lessee (collectively known as "Event "), then the performance of any such act or rendering of any such service shall be excused for the period of the resulting delay and the period of the performance or the rendering of the service shall be extended for a period equivalent to the period of such delay. Except as specifically contained herein or unless otherwise expressly provided in this Lease Agreement, nothing contained in this section shall be applied so as to: (a) permit any delay or time extension due to shortage of funds; or (b) excuse any nonpayment or delay in the payment of rent; or (c) limit either the Lessor's or the Lessee's rights under this Lease Agreement to cure the other party's default. It shall be a condition to either party's claim of the benefit of this section, that such party seeking the benefit of this section notify the other party in writing within (48) hours after the occurrence of any Event, and within (48) hours after request shall advise the other party in writing of its good faith estimate of the time required until the delay is ended. SECTION 24. VENUE: Lessor and Lessee agree that any dispute arising under the provisions of this Lease Agreement shall be heard by a court of competent jurisdiction located in the City of Roanoke, Virginia. SECTION 25. ENTIRE AGREEMENT: This written Lease constitutes the entire, full and complete understanding and agreement of the parties, and all representations, conditions, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are hereby expressly merged into this written Lease and shall be null, void and without legal effect. This Lease Agreement shall not be effective or binding unless and until signed by both parties. [Signatures on Following Page] 13 IN WITNESS WHEREOF, the parties have affixed their signatures by their authorized representatives as of the date stated above. WITNESS: SINCLAIR TELEVISION STATIONS, LLC, dba WSET -TV, a Delaware corporation (LESSEE) Printed Name:------------------- - - - - -- By David Bochenek, Authorized Signatory ATTEST: CITY OF ROANOKE, VIRGINIA, a Virginia Municipal Corporation (LESSOR) --------------------------------------- City Clerk By Robert S. Cowell, City Manager Approved as to Form: ----------------------- Assistant City Attorney 14 Approved as to Execution: ----------------------- Assistant City Attorney SHERMAN M STOVALL, ASSISTANT CITY MGR AtIn W. Brent Robertson, Assistant City Manager for Community Development 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6017304 Date November 06, 2020 Date Category Description Ad Size Total Cost 11/15/2020 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke (City) pr( 1 x 72 L 398.32 NOTICE OF PUBLIC HEARING I Publisher of the The City of Roanoke ("City ^) proposes Roanoke Times to lease a portion of City owned property, consisting of 1,158.50 square feet, more or less, located on the third floor of the Annex at Berglund Center (-Leased Premises"), located at 710 I, (the undersigned) an authorized representative of the Williamson Road. Roanoke, Virginia 24016, to Sinclair Television Stations, Roanoke Times, a daily newspaper published in Roanoke, in the LLC, dba WSET -TV ("WSET ^). The Leased Premises is to be used by WSET State of Virginia, do certify that the annexed notice NOTICE OF as a studio from which It conducts television broadcasts and for administrative office space. The term PUBLIC HEARING was published in said newspapers on the of the proposed lease Is for an Initial following dates term of three (3) years, commencing g . January 1. 2021, through December 31, 2023, subject to two (2) additional renewal terms of one (1) year each. Pursuant to the requirements of 11/06/2020 Sections 15.2- 1800(8) and 15.2 -1813. Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter on Monday. November 16, 2020, commencing at 7:00 p.m.. Or as soon thereafter as the matter may be heard, in the Council Chamber. 4th Floor, . The First insertion being given ... 11/06/2020 Room 450, Noel C. Taylor Municipal Building, 21S Church Avenue. S.W., Roanoke, Virginia 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be available at Newspaper reference: 0001153777 the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building. 215 Church Avenue, S.W.. Roanoke. Virginia 24011, on and after Friday, November 6. 2020. For further information on the matter, you may contact the City Clerk's Office at (540) 853 -2541. This public hearing may be conducted by electronic communication means Billing Represent 1 due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) Sworn to and subscribed before me this Friday, November 6, 2020 853 -2541 by 11:00 a.m., on November 16, 2020. Citizens who register will be provided information to present their testimony via electronic communications means. If you are a person with a disability who needs accommodations for this Office hearing, please (540) 853 -2541• before 12:00 Notary Public Noon on Thursday, November 12, 2020. GIVEN under my hand this 2nd day of State of Virginia Sharon R CarStBn November 2020. iii PUB, X-1, Cecelia F. McCoy, City Clerk County of Hanover (1153777) My Commission expires Nntary Reglstr3tion N,,niJBt 3295 9 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU OXI NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to lease a portion of City owned property, consisting of 1,158.50 square feet, more or less, located on the third floor of the Annex at Berglund Center ( "Leased Premises "), located at 710 Williamson Road, Roanoke, Virginia 24016, to Sinclair Television Stations, LLC, dba WSET- TV ( "WSET "). The Leased Premises is to be used by WSET as a studio from which it conducts television broadcasts and for administrative office space. The term of the proposed lease is for an initial term of three (3) years, commencing January 1, 2021, through December 31, 2023, subject to two (2) additional renewal terms of one (1) year each. 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 Council of the City of Roanoke will hold a public hearing on the above matter on Monday, November 16, 2020, commencing at 7:00 p.m., or as soon thereafter 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 at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Friday, November 6, 2020. For further information on the matter, you may contact the City Clerk's Office at (540) 853 -2541. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 a.m., on November 16, 2020. Citizens who register will be provided information to present their testimony via electronic communications means. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday, November 12, 2020. GIVEN under my hand this 6th day of November 2020. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish in full once in the Legal Section of The Roanoke Times, on Friday, November 6, 2020. Please send affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Please send bill to: Sherman M. Stovall, Deputy City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41921 - 111620. AN ORDINANCE accepting the bid of JS Project LLC to execute a Parking Agreement with an initial term of twenty (20) years, with such entity having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods and which Parking Agreement will allow such entity to obtain up to forty -five (45) Unreserved Parking Permits for use of spaces in the City's Center In The Square Garage, upon certain terms and conditions; authorizing the City Manager to execute such a Parking Agreement; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement; rejecting any other bids; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of a Parking Agreement for the purposes mentioned above; WHEREAS, 1 bid for the execution of a Parking Agreement for the purposes mentioned above was received pursuant to the advertisement and such bid was opened at the City Council meeting held on November 16, 2020; WHEREAS, on November 16, 2020, JS Project LLC (Developer) submitted a bid to the City for the execution of a Parking Agreement for the purposes mentioned above upon substantially the same terms as contained in the proposed Parking Agreement that was on file in the City Clerk's Office; Ordinance Accepting Bids Parking Agreement 1 WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with Developer as to the final terms and conditions for such Parking Agreement; WHEREAS, negotiations between the City Manager and Developer have resulted in a Parking Agreement that provides for Developer to obtain up to forty -five (45) Unreserved Parking Permits in the City's Center In The Square Garage in order to allow guests of a Hotel, to be constructed by Developer, to use parking spaces in Center In The Square Garage, upon certain terms and conditions as set forth in the Parking Agreement, for a period of twenty (20) years, starting on the date when the Hotel is issued a permanent Certificate of Occupancy, provided the permanent Certificate of Occupancy is issued by December 31, 2021, and ending at midnight on the last day of such 20 year term, but with the Developer having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods, with each option being automatically exercised and the Parking Agreement being renewed for each five (5) year term unless terminated by Developer as provided in the Parking Agreement, unless sooner terminated as provided for in such Parking Agreement or in accordance with the law; WHEREAS, the City Manager recommends that Council accept the bid of Developer and approve the execution of such Parking Agreement, substantially similar to the copy attached to the City Council Agenda Report dated November 16, 2020; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on November 16, 2020, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Parking Agreement; Ordinance Accepting Bids Parking Agreement 2 WHEREAS, City Council determined that the bid of Developer to execute a Parking Agreement as set forth above, upon certain terms and conditions, was the most responsive and responsible bid received by the City and Council desires to accept such bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes an award for the Parking Agreement to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated November 16, 2020, to this Council and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Parking Agreement as set forth above and will help in promoting economic development in downtown Roanoke. Any and all other bids made to the City for the above mater are hereby rejected. 2. The City Manager is hereby authorized to execute a Parking Agreement between the City and Developer that provides for Developer to obtain up to forty -five (45) Unreserved Parking Permits in the City's Center In The Square Garage for the purposes set forth above and subject to the terms of the Parking Agreement, which Agreement shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such other terms as the City Manager deems appropriate and agrees to. Such Parking Agreement shall be in a form approved by the City Attorney. The bond or security in the amount of $15,000.00 to be provided by the Developer shall be in such form as the City Manager deems appropriate. 3. The Parking Agreement referred to above shall be for an initial term of twenty (20) years, starting on the date when a permanent Certificate of Occupancy is issued for the hotel to be constructed by Developer, provided the permanent Certificate of Occupancy is issued by December 31, 2021, and ending twenty (20) years thereafter, but with the Developer having the Ordinance Accepting Bids Parking Agreement 3 option to renew such Parking Agreement for up to four (4) additional five (5) year periods with each option being automatically exercised and the Parking Agreement renewed for each five (5) year period unless Developer terminates the Parking Agreement as provided therein, unless sooner terminated as provide for in such Parking Agreement or in accordance with the law. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement, which includes, but is not limited to, any needed modifications to such Parking Agreement. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATTEST: City Clerk. Ordinance Accepting Bids Parking Agreement 4 i CITY COUNCIL AGENDA REPORI as} To: Honorable Mayor and Members of City Council Meeting: November 16, 2020 Subject: 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 15.2-2100 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. A copy of the proposed agreement and related bid forms were placed with the City Clerk for public information and review on and after November 2, 2020. The required legal advertisements ran in the Roanoke Times on November 2, 2020 and November 9, 2020. The deadline for submittal of bids to the City Clerk from interested parties was Friday November 13, 2020 at 12:00 Noon. One written bids was opened and read earlier today at the 2:00 p.m. City Council session pursuant to Section 15.2 -2102 Code of Virginia (1950), as amended. .JS Project LLC ( "Developer ") submitted a bid consistent with all proposed terms of the parking agreement advertised with the bid invitation. The matter was referred to the City Manager for review, evaluation, and recommendation. A copy of the proposed parking agreement, with exhibits (cited hereafter as the "Parking Agreement "), is attached to this report. Considerations The proposed Parking Agreement sets forth additional terms and conditions relevant to development and operation of Developer's hotel, including, but not limited to, the following: 1. The term of the Parking Agreement will begin on the date on which the Hotel opens for business to the public as a Hotel provided that Developer notifies the City in writing of the opening date for the Hotel, at least sixty (60) and not more than ninety (90) days prior to the opening date of the Hotel and will continue for a period of twenty (20) years, unless terminated sooner, as provided for in the draft Parking Agreement attached to this report or in accordance with the law. Buyer will have the option to renew the Agreement for up to four (4) additional, five (5) year periods. Each such option will automatically be exercised and the Agreement renewed for the additional five (5) year period unless terminated by Buyer by written notice to the City at least ninety (90) days prior to expiration of the most current term. 2. The maximum number of parking permits available to Developer will 45 and Developer will notify the City by 3:00 p.m. the preceding day of the number of parking permits required for Hotel Guests the next day. The City will subsequently set aside that number of parking spaces in the Garage for the next Hotel Parking Day. Such notice will be provided in writing and delivered via email or by hand to the Park Roanoke Offices. Developer acknowledges and agrees parking permits are to be used only in the Garage and by Hotel guests during the time periods as set forth in the Parking Agreement. Invoices for the prior month's Usage of Parking and Overstay Charges will be billed to Developer on or about the 10t1 of each month with payment due to the City the first day of the following month. Such payment will be in one check made payable to "Park Roanoke." 3. The City intends to operate the Center in the Square Garage 24 hours per day and will establish posted rates for the general public to use the Center in the Square Garage, including a Daily Maximum Rate, and an Hourly Rate in the format set forth in Exhibit A of the Parking Agreement. Developer shall pay to the City during the term of this Parking Agreement the Daily maximum Rate multiplied by the greater of (i) the number of Parking Permits reserved by the Developer during a calendar month or (ii) the number of Parking Permits used by Hotel Guests during such calendar month ( "Usage of Parking "). For the purpose of this formula, each parking permit shall be one Hotel Parking Day stay. A Hotel Parking Day shall begin at 3:00 p.m. on the day on which a Hotel Guest checks into the Hotel and ending at 4:00 p.m. on the following day. 4. Prior to the Hotel opening for business, the City and Developer will pay their prorata share of costs associated with the purchase and installation of Access and Revenue Equipment, along with any hardware and /or software needed by the City and Developer for the Developer's use of the Garage. Thereafter, Developer will be required to pay for any maintenance, repair, upgrade, or replacement of equipment and systems which specifically relate to the administration of the parking permits and the City shall pay for the maintenance, repair, upgrade, or replacement of the system which relates to the general operation of the Garage. The bid submitted by Developer was fully responsive to the invitation. Developer has provided sufficient evidence of its ability to undertake the obligations contained in the Parking Agreement. After proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its 7:00 p.m. session on November 16, 2020, at which public hearing all parties in interest and persons were given the opportunity to be heard, both for and against the proposed Parking Agreement. The City Manager recommends that the Council find that the bid of JS Project LLC on this matter is from a responsible bidder and is responsive. The City Manager further recommends that Council accept such bid and approve the execution of the proposed Parking Agreement. Recommended Action: Accept the bid and award the Parking Agreement to JS Project LLC. Approve the Terms of the Parking Agreement between the City of Roanoke and JS Project LLC as set forth in the proposed Parking Agreement attached to this report. Authorize the City Manager to execute the Parking Agreement between the City and JS Project LLC, similar to the proposed Parking Agreement attached to this report and approved as to form by the City Attorney, and to enforce any and all terms and conditions of such Parking Agreement. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce the Parking Agreement and to accomplish the above matters and complete the use of the Property described in the proposed Parking Agreement. --------------- - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Robert Ledger, Director, Economic Development Marc B. Nelson, Manager, Economic Development 3 PARKING AGREEMENT This Parking Agreement ( "Agreement" or "Parking Agreement ") is dated November 16, 2020 and is between the City of Roanoke, Virginia, a Virginia municipal corporation, ( "City "), and JS Project LLC ( "Developer "). RECITALS: WHEREAS, the City is the owner and operator of a certain public parking garage named Center in the Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, which garage provides parking spaces to the public ( "Garage "); WHEREAS, the Developer plans to develop, construct, open, and operate a hotel with at least 50 rooms at 101 South Jefferson Street, S.E., Roanoke, Virginia ( "Hotel ") and which Hotel shall be operated by an entity designated by the Developer ( "Hotel Operator "); WHEREAS, the City recognizes that for a favorable development of the Hotel, it is necessary for its patrons to have access to adequate public parking convenient to the Hotel; WHEREAS, readily available and convenient public parking shall be made available to the Hotel's guests, patrons, and visitors on the same basis as it is available to the general public; WHEREAS, the Developer has requested that the City provide the Developer with up to 45 unreserved parking permits for the parking for each Hotel Parking Day (as the term "Hotel Parking Day" is defined in this Agreement) (individually, "Parking Permit" and collectively, "Parking Permits ") of motor vehicles by the Hotel's guests, patrons, and visitors for the Hotel's nonexclusive use in the Garage for a period of twenty (20) years from the date of the City's issuance of a permanent Certificate of Occupancy for the Hotel, provided such permanent Certificate of Occupancy is issued on or before December 31, 2021, with the right to extend the term of the Parking Agreement for up to four (4) additional five (5) year periods subject to the terms of this Parking Agreement, and such Parking Permits are to be provided pursuant to the parking rates set out in Exhibit A (which rates are subject to modification by City Council from time to time), which is attached hereto and made a part hereof (the "Posted Rates "); WHEREAS, this Parking Agreement is specifically conditioned on the Developer completing the Hotel and having it active and open to the public for business during the entire term of this Agreement; WHEREAS, the parties have complied with the provisions of Virginia Code Sections 15.2 -2100 et seq. for this Parking Agreement as authorized by Ordinance No. , adopted by City Council on November 16, 2020; and WHEREAS, the City is agreeable to providing the Developer with the Parking Permits based on the terms and provisions of this Parking Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions set forth herein, the Parties agree that the above Recitals are incorporated into this Agreement and made a part of it and that the Parties further agree as follows: SECTION 1. NO BAILMENT. This is a Parking Agreement and no bailment is created by this Parking Agreement. SECTION 2. GRANT OF PARKING PERMITS. The City hereby grants to Developer Parking Permits, as defined in this Section 2 and also as described in Section 3, for use in the Garage areas described in Section 3(C) hereof. The Parking Permits hereby granted shall become available for use by the Developer, in accordance with the terms of this Agreement, on the date on which the Hotel opens for business to the public as a hotel provided that Developer notifies the City in writing of the opening date of the Hotel at least sixty (60) days and not more than ninety (90) days prior to the opening date of the Hotel. In the event that written notice is not provided to the City sixty (60) days prior to the opening of the Hotel, the Parking Permits shall be available sixty (60) days after the City receives the written notification required herein. The Parking Permits are to be used only by the guests, patrons, and visitors of the Hotel (collectively "Hotel Guests" and individually a "Hotel Guest "), but which specifically excludes Hotel workers and employees, in the unreserved parking spaces designated by the City. Such Parking Permits will be in the form of hotel access cards that will allow the user of such card access to the Garage. SECTION 3. PARKING PERMITS. A. The City intends to operate the Garage 24 hours per day throughout each year. The Parking Permits in the Garage shall only be used in the Garage by such Hotel Guests and may be used during the time periods as set forth in Section 5(A). Developer acknowledges and agrees that such Parking Permits shall only be used for the vehicles of the Hotel Guests, in the Garage in the areas as designated by the City in Section 3(C) hereof. The maximum number of Parking Permits available to Developer shall be equal to 45. B. Each of the Parking Permits shall be subject to all applicable rules and regulations applicable to other parking permits issued for the Garage and subject to the same provisions as other users of the Garage, which rules and regulations are attached as Exhibit B, except that each such Hotel Guest will have access to the Garage during the time periods as set forth in Section 5(A). The City agrees that the rules and regulations applicable to such Parking Permits will be reasonable and further agrees to make the Developer aware of the rules and regulations applicable to the users of the Garage. The Developer agrees that the Developer and Hotel staff shall be responsible to provide written notice to the Hotel Guests regarding compliance with such rules and regulations and the liability of Hotel Guests to the City for all damages, costs, and expenses resulting from such Hotel Guest's violations of such rules and regulations. The City and its Parking Management Company, if any, shall not be responsible to any Hotel Guests for any items left in any vehicle or for any damage to the vehicle. Such other rules and regulations that are applicable to other users of the Garage shall be applicable to Hotel Guests. Such rules and regulations are subject to being amended, modified, and /or changed by the City at the City's discretion, so long as all rules apply uniformly to all users of the Garage. C. The City hereby acknowledges that the Parking Permits provide the Developer a non - exclusive right of access for ingress, egress, and parking in the Garage as set forth in this Agreement for the purpose of parking motor vehicles of Hotel Guests with the right of vehicular and pedestrian access, ingress, 2 egress, on, over, and across the paved entrance and exit ways, ramps, walkways, stairways, and City owned elevators in the Garage. The Parking Permits will allow access to all levels of the Garage with the exception of any reserved parking spaces or any security areas as are designated in the sole discretion of the City from time to time. D. The City and the Developer and /or the Hotel Operator, shall designate their respective representatives who will meet on a regular basis (not less frequently than quarterly during each calendar year during the term of this Agreement) to review the operations of the Garage, distribution and use of Parking Permits, and other matters to assess what changes, alterations or additions should be established to ensure that the interests of the City in the operation of the Garage and the interests of the Developer and the Hotel Operator in the issuance and use of Parking Permits are satisfied. The City and the Developer agree that such representatives may amend, adjust, or supplement any of the provisions of this Section 3 provided such representatives agree to any such amendments, adjustments, or supplements in writing and are executed by all of the representatives. The representatives of the City and the Developer and /or the Hotel Operator shall negotiate in good faith to reach appropriate amendments, alterations, or adjustments as the circumstances may warrant. SECTION 4. TERM. The term of this Parking Agreement shall be for a period of twenty (20) years, starting on the date of issuance of a permanent Certificate of Occupancy for the Hotel, which date shall be no later than December 31, 2021, and continuing for a period of twenty (20) years unless this Parking Agreement is sooner terminated as provided for in this Parking Agreement or in accordance with the law. The Developer shall have the option to renew this Parking Agreement for up to four (4) additional, five (5) year periods, each such option shall be automatically exercised and this Parking Agreement renewed for such additional five (5) year period unless terminated by Developer by providing at least ninety (90) days (the term "days" in this Agreement shall mean consecutive calendar days unless otherwise stated) written notice to the City prior to the expiration of the then current term (initial term and any subsequent terms, collectively the "Term "). SECTION 5. COST OF PARKING PERMITS. A. The City will establish the Posted Rates for the general public to use the Garage, including a Daily Maximum Rate, and a Hourly Rate in the format set forth in Exhibit A The Posted Rates shall be updated by City Council from time to time in accordance with Section 5 (G) below and shall be inclusive of all taxes, insurance, expenses, etc. B. Developer shall pay to the City during the term of this Parking Agreement the Daily Maximum Rate multiplied by the greater of (i) the number of Parking Permits reserved by the Developer during a calendar month or (ii) the number of Parking Permits used by Hotel Guests during such calendar month ( "Usage of Parking "). For the purpose of this formula, each Parking Permit shall be one Hotel Parking Day stay. A Hotel Parking Day shall begin at 3:00 p.m. on the day on which a Hotel Guest checks into the Hotel and ending at 4:00 p.m. on the following day. For example, if a Hotel Guest checks in at 3:00 p.m. on Tuesday and checks out at 11:00 a.m. on Friday, when the Daily Maximum Rate is $8.00, 3 then the Developer would pay for three (3) Hotel Parking Days for such Hotel Guest at $8.00 each, resulting in a total of $24.00 for that Hotel Guest's use of Parking Permits. C. Each access card shall allow one vehicle unlimited ingress and egress from 3:00 p.m. on the day of check in (or earlier as allowed pursuant to Section 5 (I)(2) below) until the time of check -out, which shall be no later than 2:00 p.m. After check -out, the access card shall provide for one egress with no additional ingress. Should a vehicle exit the Garage after 4:00 p.m. of the day of check -out, the City shall bill the Developer the Posted Rates for use of the parking space between 4:00 p.m. on the day of check -out and the actual time of egress for that vehicle (the "Overstay Charges "). D. For the use of the Parking Permits, the Hotel Guests may utilize parking in the Garage on a self -park basis only. E. Invoices for the prior month's Usage of Parking and Overstay Charges will be billed to the Developer on or about the l Ot" of each month. Payment shall be due to the City the first day of the following month and shall be paid by the Developer in one check made payable to "Park Roanoke ", 117 Church Avenue, S.W., Roanoke, Virginia 24011, or at such other address and /or other payee as City may designate in writing to Developer. In the event Developer shall fail to make such monthly payment by the 5t" of each month, a late fee will be assessed for each invoice for which payment is late. The initial late fee will be ten percent (10 %) of the monthly invoice amount for which payment is late. The amount of such late fee may be changed by the City Council from time to time, so long as the rate is generally applicable to all of the City's Accounts Payable in similar standing. Furthermore, any past due payments shall also accrue interest at the rate of one percent (I%) per month until the full amount is paid to the City, with any payments being applied first to any interest and late fees due. F. The City may charge the Developer or Hotel Operator the generally applicable fair market rate as the City charges members of the general public for parking spaces in the Garage and in other parking facilities operated by the City in the vicinity of the Hotel should the Developer request such parking permits for uses other than by Hotel Guests. These uses shall be subject to availability of parking at the sole determination of the City. Payment by the Developer to the City for such other spaces shall be made in accordance with the terms and conditions of the City's standard parking rules and regulations, including billing terms and termination for non - payment sections. G. Developer further acknowledges that the Posted Rates are subject to being changed by the action of City Council, and/or the City Manager per City policy, and the rate to be paid by the Developer to the City will be adjusted by any such change in the Posted Rates from time to time and be effective on whatever date such Posted Rates take effect. The City reserves the right in its sole and exclusive discretion to increase the Posted Rates. H. The Developer shall notify the City by 3:00 p.m. (Roanoke time) on each day preceding each Hotel Parking Day of the number of Parking Permits that the Developer will need for Hotel Guests (including :I Early Check In Guests defined in Section 5 (I)(2) below) for the next Hotel Parking Day and the City shall set aside that number of parking spaces in the Garage for the next Hotel Parking Day. Notice from the Developer shall be in writing and shall be delivered to General Manager Park Roanoke by email at parking @roanokeva.gov or by hand at 117 Church Avenue, S.W., Roanoke, Virginia 24011. After 3:00 p.m., the City may permit others to use all parking spaces in the Garage not timely reserved by the Developer in accordance with this Section 5(H). Subject to availability, the Developer may request the reservation of additional parking spaces in the Garage after 3:00 p.m. for the next Hotel Parking Day and the City may provide such additional parking spaces at the then current rate as provided for in this Agreement. I. 1. If the City fails to provide the number of parking spaces reserved by Developer in accordance with Section 5(H) above for any Hotel Parking Day, except in the occurrence of an event set forth in Section 10 hereof, the City shall reimburse the Developer for the actual cost of alternative parking for the Hotel Guests for whom parking spaces were not available in the Garage; multiplied by the number of parking spaces which were reserved by Developer in accordance with Section 5(H) but were unavailable. The Developer shall present the City with an invoice which indicates the actual parking fee paid and the name and location of the parking facility to which the fee was paid. The City shall pay such invoice within thirty (30) days of receipt of invoice, or notify the Developer of a dispute. 2. The City and the Developer acknowledge that, from time to time, Hotel Guests may check into the Hotel before 3:00 p.m. ( "Early Check In Guests "). The City shall have no responsibility for any Early Check In Guests who may be unable to park in the Garage unless Developer has notified the City in accordance with Section 5(H) above. The City shall have no responsibility for any requested Parking Permits by the Developer that exceed the lesser of the number of Parking Permits requested for the time in question or the maximum number provided for in this Agreement. J. Developer and the City acknowledge and agree that the operations and functions of the Garage and the Hotel will require cooperation, especially with respect to Early Check In Guests and Hotel Guests who arrive at the Hotel without prior reservations. Developer and the City agree that the representatives designated pursuant to Section 3(D) hereof will include in their regular meeting these matters and other matters related to the interaction of the operations and functions of the Garage and the Hotel. To the extent that the representatives determine that adjustments should be made in order to accommodate the operations of the Garage and the Hotel, such adjustments shall be set forth in writing and executed by the representatives. SECTION 6. ELECTRONIC ACCESS. City and Developer shall pay their prorata share, to be determined using a mutually agreed upon cost sharing model, prior to the Hotel's opening for business, of the costs associated with the purchase and installation of Access and Revenue Equipment and Hotel modules in an amount not to exceed $25,000.00 that are compatible with the type and manufacturer of the City's then current Access and Revenue Equipment used at the Garage, along with any hardware and /or software needed by the City and the Developer for the Developer's use of the Garage. Thereafter, the Developer shall pay for any maintenance, repair, upgrade, or replacement of equipment and systems which specifically relate to the administration 5 of the Parking Permits and the City shall pay for the maintenance, repair, upgrade, or replacement of the system which relates to the general operation of the Garage. City and Developer shall have mutual access to any reports generated by the Access and Revenue equipment, including those reports generated by any Hotel modules(s) that are mutually selected, purchased, and installed in the Garage and in the Hotel. SECTION 7 OPERATION, MAINTENANCE, REPAIR, AND TEMPORARY RELOCATION. A. The City will operate the Garage in a manner similar to the operation of other City owned and /or controlled parking facilities. The City will maintain the Garage in good working condition and repair and will make such repairs, perform such preventative maintenance, structural repairs, or other improvements as the City deems reasonably necessary. The City will use commercially reasonable efforts to make other parking spaces available in the event of temporary closure of the Garage for the purposes of maintenance, repair, or replacement, at no additional cost or expense of the alternate Parking Permits to the Developer. Other than in the event of an emergency, the City will confer with Developer prior to any closures of the Garage and will endeavor to accomplish all Garage maintenance, repairs, and replacements in a manner that will result in the least inconvenience for the Hotel and Hotel Guests. The Developer and/or Hotel will not be entitled to any payments or offsets from the City's monthly, hourly, daily, or evening parking revenues against the parking charges otherwise due from the Developer to the City under the terms of this Parking Agreement. Developer and /or Hotel shall have no rights in or to any monies paid by anyone to the City, or revenues received from anyone by the City on account of parking in the Garage. . B. If any construction, maintenance, repairs, other work, or other matters take place at the Garage that requires a temporary relocation of any of the spaces available for use by the Developer in connection with the Parking Permits, the City may, on ten (10) days written notice (except in the case of an emergency in which case no notice is required) to Developer, temporarily relocate any of the parking spaces to be used in connection with the Parking Permits to another City owned and /or controlled parking facility until such construction and /or other work has been completed. Such relocation will be to another location in the Garage or to a City parking facility mutually agreeable to the City and Developer, such agreement not to be unreasonably withheld. The City agrees that (i) no such relocation of spaces allocated for Parking Permits shall occur unless and until all other users of parking spaces in the Garage have been relocated and (ii) Parking Permits for parking spaces in the Garage or in alternative locations are available during any period in which a need for relocation arises. SECTION 8. ASSIGNMENT AND SUBORDINATION. A. Assignment Rights of Developer. 1. So long as the Developer is not in default under any provision of this Agreement, the Developer may, with thirty (30) days prior written notice to the City, assign Developer's rights under this Agreement without the consent of the City to (i) a purchaser of the Hotel; (ii) a purchaser of all or a majority of the membership interest in the Developer; or (iii) as additional collateral to a lender who is the beneficiary of a mortgage or deed of trust lien on the Hotel provided, however, any such transferee shall assume and perform all obligations of the Developer under the terms and conditions of this Agreement. The City agrees to enter into an agreement with Developer's on lender, on mutually agreeable terms, regarding the collateral assignment of this Parking Agreement by the Developer to such lender and the consent to such collateral assignment. 2. Except as provided in Section 8(A)(1) above, Developer may not assign, transfer, or pledge any of its rights under this Agreement without the prior written consent of the City and the City may grant or deny its consent in City's sole discretion. 3. Notwithstanding any permitted assignment, the Developer shall remain responsible for all obligations under this Agreement unless the City specifically grants the Developer a release in writing. B. Sale of Garage by the City. The City may sell all of its right, title, and interest in the Garage at any time without the prior consent or approval of the Developer. In the event of any such sale, the City shall sell the Garage subject to the terms of this Parking Agreement and the purchaser shall acknowledge in writing that (i) the purchaser is acquiring the Garage subject to the terms of this Parking Agreement; and (ii) the cost of Parking Permits charged by the purchaser to the Developer shall be the average of the daily maximum rate charged from time to time by the City at the remaining parking facilities owned by the City located in the downtown area of the City (that area being bounded by I -581 on the east, Elm Avenue on the south, 5th Street on the west, and Wells Avenue on the north). The acknowledgement from the purchaser will provide that this rate shall be adjusted when and as the City adopts changes in its parking rates. The City shall provide a copy of this acknowledgement executed by the purchaser at the time the deed transferring the Garage to the purchaser is recorded. 2. Upon the sale of the Garage, the City shall have no further obligations under this Parking Agreement and the Developer shall have no recourse to the City for any matter arising after the sale of the Garage. SECTION 9. DEFAULT BY DEVELOPER. A. Each of the following shall constitute a default hereunder by the Developer (each of the following events is hereinafter referred to as "Default "): The failure or refusal by Developer to make any payment due to the City hereunder within fifteen (15) days after written notice of nonpayment is given by the City to the Developer. 2. The failure or refusal by the Developer to perform any of its other covenants or obligations hereunder within sixty (60) days after written notice of nonperformance is given by the City to the Developer; provided, however, that if such failure to perform cannot reasonably be cured within sixty (60) days, the Developer shall not be in default if it commences within sixty (60) days steps reasonably calculated to cure the nonperformance and in good faith pursues those steps diligently and in good faith to completion. 7 The Hotel, for any reason other than those set forth in Section 10 below, is, for any period of more than 30 consecutive days, not actively operating and open to the public for business ( "Hotel Closing Event "). B. Upon the occurrence of a Default as set forth in Section 9 (A), the City may immediately terminate this Agreement by written notice to the Developer. In addition to this right to terminate this Agreement, the City may also in the event of a Default by Developer hereunder exercise any and all other rights and remedies available to the City at law or in equity, including without limitation the recovery of any and all monetary damages that the City has suffered as a result of such Default. SECTION 10. FORCE MAJEURE. A delay in, or failure of, performance by any party, shall not constitute a default, nor shall the Developer or the City be held liable for loss or damage, or be in breach of this Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation, inability to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Agreement any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the party claiming delay caused by any and all such occurrences shall give the other 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. Notwithstanding anything else set forth above, after a total of nine (9) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 11 DEFAULT BY THE CITY; LIMITATION OF LIABILITY OF THE CITY; CURE; AND REMEDY. A. In the event of any default, nonperformance, or breach of any of the terms or conditions of this Parking Agreement by the City, Developer agrees that the City's liability hereunder shall be limited to the repayment of monies paid by Developer to the City, or a deduction from any payment due from Developer to the City, for any Parking Permits that are not able to be used due to such default, nonperformance, or breach for the period of time of such inability to use such Parking Permits. In addition to the remedies set forth in the prior sentence, if the City is in default, nonperformance, or breach of any of the terms or conditions of the Parking Agreement, Developer may provide the City with written notice of the same and the City shall have sixty (60) days following receipt of such notice from the Developer to cure any such default, nonperformance, or breach, provided if such default, nonperformance, or breach cannot be cured within sixty (60) days from the date of receipt of the notice from the Developer, the City shall be deemed to have cured the default as long as the City undertakes to remedy the same within sixty (60) days following receipt of notice and the City diligently proceeds to remedy such default, nonperformance, and /or breach. B. Under no circumstances under this Agreement shall the Developer have the right of set off against the amounts owed to the City. SECTION 12. INSURANCE REQUIREMENTS. Developer, any of its permitted assigns or successors, and any of its contractors involved in this Parking Agreement shall maintain the insurance coverages as set forth in Exhibit C and provide the proof of insurance coverage, including workers' compensation coverage if Developer hires any employees. Such insurance coverage shall be obtained at the Developer's sole expense and maintained during the term of the Parking Agreement and shall be effective prior to the beginning of this Parking Agreement. Additional insured endorsements, if required, must be received by the City within thirty (30) days of the execution of this Parking Agreement or as otherwise required by the City's Risk Manager. SECTION 13. HOLD HARMLESS AND INDEMNITY. Developer shall indemnify and hold harmless the City, its Parking Management Company, and their respective officers, agents, and employees ( "Indemnified Parties ") against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of actions, activities, or omissions, negligent or otherwise, of the Developer, the operator of the Hotel, and their respective employees, agents, or contractors, but with respect to those employees, agents, or contractors, only if and to the extent that said actions, activities, or omissions occur in the course of their performance of actions that are within the scope of their employment, agency, or contract by or with the Developer or the operator of the Hotel. This Indemnity includes, without limitation, liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Developer agrees to and shall protect, indemnify, and hold harmless the Indemnified Parties from any and all demands for fees, claims, suits, actions, causes of action, settlement, or judgments based on the actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Parking Agreement. SECTION 14 COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION LAW. Developer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Developer further agrees that Developer does not, and shall not during the performance of this Parking Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 15. REPORTS AND RECORDS. The City and Developer shall maintain all books, records, and other documents relating to this Parking Agreement for a period of five (5) years after the end of each fiscal year included in this Parking Agreement. The City and Developer and their authorized employees, agents, and /or representatives shall have reasonable access to and the right to examine, copy, and /or audit any of such materials of the other E party during the term of the Parking Agreement in connection with this Parking Agreement and the Parking Permits to determine their proper use in accordance with the terms of this Parking Agreement. SECTION 16. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Parking Agreement or any party's waiver of any particular breach of this Parking Agreement by the 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 Parking Agreement or a waiver of any other breaches of the Parking Agreement by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of the Parking Agreement and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Parking Agreement or by law. SECTION 17. CHOICE OF LAW, FORUM SELECTION. This Parking Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Parking Agreement 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. The parties further waive and agree not to assert in any such action, suit or proceeding, that such party 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 18. SEVERABILITY. If any provision of this Parking Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Parking Agreement shall not be affected and all other terms and conditions of this Parking Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 19. 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 20. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Parking Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective permitted successors and assigns. SECTION 21. HEADINGS. 10 The captions and headings in this Parking Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Parking Agreement. SECTION 22. COUNTERPART COPIES. This Parking Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 23. AUTHORITY TO SIGN. The persons who have executed this Parking Agreement represent and warrant that they are duly authorized to execute this Parking Agreement on behalf of the party for whom they are signing. SECTION 24. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to the City: City of Roanoke Attn: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Facsimile: (540) 853 -1138 With a copy to: Enterprise Administrator for the City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 If to Developer: JS Project LLC Attn: Vishal Savani 11325 Random Hills Road, Suite 360 Fairfax, VA 22030 Unless otherwise provided in this Agreement, Notices shall be deemed to be effective one (1) day after sending if sent by overnight courier or three (3) days after sending it by certified mail, return receipt requested. SECTION 25. NONDISCRIMINATION. During the performance of this Parking Agreement, Developer agrees as follows: 11 Developer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Developer. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Developer in all solicitations or advertisements for employees placed by or on behalf of Developer will state that Developer is an equal opportunity employer. iii. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. SECTION 26. RIGHTS CUMULATIVE. All rights, powers, and privileges conferred hereunder on the City to enforce this Parking Agreement shall be cumulative, and not restricted to those given by law. SECTION 27. BOND. A. Developer agrees to and shall provide and maintain during the entire term of this Parking Agreement a Bond, or such other security as approved by the City Manager (such as a letter of credit), (collectively -Bond) in the amount of $15,000.00 to secure Developer's performance under this Parking Agreement. Failure to provide and maintain such a bond shall be grounds for termination of this Parking Agreement. The form of the bond shall be subject to approval by City. B. The amount of the bond required herein will be reviewed every five (5) years by the City and may be increased or decreased by the City at the time of each review to reflect the reasonable costs of the performance of this Parking Agreement by Developer at that time. Any increase or decrease in the amount of the bond shall be mutually agreed upon between the parties, such agreement to not be unreasonably withheld. SECTION 28. AGREEMENT SUBJECT TO FUNDING. This Parking Agreement is or may be subject to funding and /or appropriations from federal, state, and /or local governments and /or agencies and /or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for this Parking Agreement, with the result that the City is unable to perform its obligations hereunder, the City shall give written notice to Developer of such unavailability of funding and Developer shall thereupon have sixty (60) days within which to give the City written notice that Developer will either (i) at the Developer's expense assume performance of those obligations of the City hereunder which the City is unable to perform because of lack of funding, or (ii) terminate this Agreement. Developer further agrees to comply with any applicable requirements of any grants and /or agreements providing for such funding. At such time as the City receives funding and is able to resume performance of its obligations hereunder, the City shall give the Developer written notice of that fact, the Developer shall within sixty (60) days after receiving that notice return operation of the 12 Garage to the City, and the relationship of the City and the Developer shall thereupon resume on the terms set forth in this Agreement. SECTION 29 COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Developer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or non -stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Developer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City may void this Parking Agreement if the Developer fails to remain in compliance with the provisions of this section. However, the City agrees that the Developer may cure this matter as set forth in Section 9(A)(2) above. SECTION 30. DRAFTING OF THE PARKING AGREEMENT. The provisions of this Parking Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Parking Agreement. SECTION 31. ENTIRE AGREEMENT. This Parking Agreement, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties with respect to Parking Permits at the Garage. This Parking Agreement may be modified only by written agreement properly executed by the parties. SIGNATURES APPEAR ON NEXT PAGE 13 IN WITNESS WHEREOF, the parties hereto have signed this Parking Agreement by their authorized representatives as of the date of the Parking Agreement. WITNESS: Printed Name and Title WITNESS: Printed Name and Title Approved as to form: City Attorney Authorized by Ordinance No. JS Project LLC In Vishal Savani, Title: Manager, Savara Development LLC In its capacity as Manager of JS Project LLC CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr., City Manager Approved as to Execution: City Attorney 14 EXHIBIT A PARKING RATES FOR CENTER IN THE SQUARE GARAGE PROPOSED CENTER IN THE SQUARE GARAGE FEES 2020 Center In The Square Garage Fee Schedule Center In The Square Garage New Parking Fees and Charges are to be implemented and noted in the Fee Compendium at such time as deemed appropriate and as directed by the City Manager Monthly reserved $ 110.00 /mo. Monthly unreserved $ 90.00 /mo. Short term Monday- Sunday: $1.00 / 0.5 hr. Maximum Daily Rate: $8.00 (after 3.5 hrs.) 15 EXHIBIT B Parking Rules and Regulations PARK Roanoke P.O. Box 83, Roanoke, VA 24002 11' 117 Church Ave., SW, Roanoke, VA 24011 (540) 343 -0585 • (540) 342 -6447 FAX PARK Email: parkinggparkroanoke.com ROANOKE wvvw.PARKRoanoke.com MONTHLY PARKING PERMIT APPLICATION & AGREEMENT Start Date: Accountholder's Driver's License Billing Address: Email Address:_ Parker's Name (If different from above name):.,_„_, Vehicle Make/Model/Color: Vehicle Make/Model/Color:, Employer._ .,_ . _ Social Security Rev. 7.1.2017 Home Telephone:. ....................... ... .... ... __ State: _ ....--_ Zip Code: Cellular Telephone: _­ License Plate: License Plate: Employer Telephone:__ ._ . _­___ PLEASE READ & INITIAL THE FOLLOWING TERMS, OUALIFICATIONS & CONDITIONS CAREFULLY For the purposes of this application and agreement, the terms accountholder, parker, patron, company, and person are interchangeable and have the same meaning as a person or entity. Further, the terms permit, hangtag, and key card are also interchangeable. Upon acceptance of this application and agreement, a permit for parking is established through the issuance of a hangtag or a key card. Payments are due and must be received by the 51h of every month. Accounts for which PARK Roanoke receives payment after the 5th of the month will be subject to a $10.00 late fee per permit or access key card. Failure to pay by the 15th of the month will cause key cards to be deactivated and a reactivation fee of $15.00 will apply. Checks returned for insufficient funds will be charged a $35.00 per return item fee, in addition to the $10.00 late fee. If your parking permit or space is no longer needed, notification must be submitted to the PARK Roanoke office, in writing, by 5 pm on the last business day of the month prior to the first day of the effective month. If written notice is not received by PARK Roanoke by 5 pm on the last business day of the month, you will be liable for parking charges for the following month. If PARK Roanoke does not receive a written notice to cancel the permit, you will continue to be charged for monthly parking thereafter. A $10.00 key lord deposit wik be charged the first month for each key card at account set -up. The key card deposit shall be refundable within 30 days of cancellation of the Monthly Parking Permit provided the account is paid in full, the key card is returned and written notice of parking termination is received by the PARK Roanoke office prior to the 15`° of the month prior to termination. If the 15 business day advance written notice is not made, then the account will be ineligible for a key card deposit refund. Application for each garage or lot is subject to availability and it is at PARK Roanoke's sole determination whether such permits are available for the requested garage or lot. If PARK Roanoke determines that permits are not available for a particular garage or lot location, then no permits will be issued for that garage or lot. Credit is not allowed and charges are not prorated for vacations, illnesses, early cancellations or other contingencies. _ Monthly permits are non - transferrable to another parker, resident or company. New parkers may be selected from a waiting list. T PARK Roanoke reserves the right to terminate any or all monthly permits and key cards immediately for good and just cause and without incurring liability of any type to the undersigned parker. 16 Rates are subject to change at any time by the posting of rates in the garage or on the lot or other means of notification. Any vehicle parked in a PARK Roanoke garage or lot without a current hangtag displayed on the rear view mirror facing outward will be subject to towing, ticketing, or booting at the owner's expense without notice. Garages with key card access where hangtags are not issued are exempt from this requirement. There is a $10.00 non - refundable charge for replacement of any lost, stolen or damaged hangtag or access key card. Only vehicles identified on this application for reserved parking are permitted to park in spaces designated as "reserved parking." All other vehicles parked in reserved spaces are subject to towing, ticketing, or booting at the owners expense. Reserved parking spaces are valid only from 6:00 a.m. to 6:00 p.m. Monday through Friday, excluding holidays. Reserved space parkers must park In their designated reserved parking space from 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. All violators are subject to towing, ticketing, or booting at the owner's expense. Unreserved monthly parking spaces are guaranteed to be available only from 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. Monthly parkers are prohibited from parking in areas designated as "daily parking only." All violators are subject to towing, ticketing, or booting at the owner's expense, Long term storage of vehicles is not permitted in any PARK Roanoke facility without express written permission from PARK Roanoke. Vehicle License Plates and Registration must remain up -to -date at all times. Virginia requires that all vehicles be registered within 30 days. Abandoned vehicles will be towed at the owner's expense. Vehicle maintenance, oil changes, car washing, etc, are expressly prohibited. Each permit is valid for one vehicle in the designated parking garage or lot, at a time. Sharing of access key cards and /or hangtags is strictly prohibited and will result In the suspension and /or revocation of parking privileges. The undersigned parker understands that all PARK Roanoke and City owned garages and lots are "Non-Smoking." PARK Roanoke, City of Roanoke, and Lancor Parking LLC, and their employees, agents, and representatives are not and shall not be responsible for any theft or damage to individuals, vehicles or property while in any garage or on any lot. No bailment of any type is hereby created. To reduce the chance of theft or damage, please place your personal items out of sight, lock your doors, and avoid parking in garages and /or lots alone after normal business hours. All parkers park at their own risk at all times and assume the risk of any injuries and damages. The undersigned parker agrees to be responsible for any towing charges for any vehicle covered by or using the parking permit or access key card. Parking privileges are valid for only one space. The undersigned parker further agrees to pay for any ticketing and/or booting charges that may be issued for any vehicles covered by the parking permit or access key card. Vehicles may receive citations for storage, double parking, parking in a reserved space, and parking on a daily level, etc.. Vehicles must park within marked spaces and those taking up more than one space may be subject to ticketing. Such ticketing, booting, and/or boot removal charges may be set by the City Manager from time to time. The PARK Roanoke manager shall enforce this Agreement in the City of Roanoke ( "City ") owned and /or operated parking garages and lots. The City Manager may take such further actions and/or adopt policies and procedures to implement, administer, and enforce this Agreement. The undersigned parker agrees to comply with any such policies and procedures, a copy of which will be provided to the undersigned parker by regular mail or by email. I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS, QUALIFICATIONS AND CONDITIONS ABOVE AND TO PAY THE POSTED RATE. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND TO HAVE THEM ANSWERED BY A PARK ROANOKE REPRESENTATIVE. Accountholder's Signatu Parker's Signature (If different from Witnessed or Received by:_,,,,,. Date: 17 EXHIBIT C Insurance Requirements The Developer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: A. Neither the Developer nor any subcontractor shall commence work under this Contract until the Developer has obtained and provided proof of the required insurance coverages to the City, and such proof has been approved by the City. The Developer confirms to the City that all subcontractors have provided Developer with proof of such insurance, or will do so prior to commencing any work under this Contract. B. Developer, including all subcontractors, shall, at its and /or their sole expense, obtain and maintain during the life of this Contract the insurance policies and /or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and /or self insurance such additional insureds may have. The Developer shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Contract. The Developer shall provide to the City with the signed Contract an Accord certificate of insurance along with one of the following types of additional insured endorsements: (1) ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement otherwise known as a blanket additional insured endorsement. The coverage shall extend to the City and its officers, employees, agents, assigns, and volunteers. (If additional insured status is automatic under a different coverage form, Developer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Developer and any subcontractors under this Contract). •' (2) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Developer under this Contract, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Developer and any subcontractors under this Contract). However, if B (1) or (2) cannot be provided, the City's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. The Certificate Holder should be addressed as follows: City of Roanoke, Attn: City Manager, 215 Church Ave, Roanoke VA 24011. 18 C. The minimum insurance policies and /or coverages that shall be provided by the Developer, including its subcontractors, include the following: (1) Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $1,000,000.00 Products /Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (2) Automobile Liability: $1,000,000.00 combined single limit (3) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. 3(A) Errors and Omissions coverage in an amount of not less than $1,000,000 per occurrence and in the aggregate. Coverage may be written on an occurrence or claims made coverage form. However, if a claims made coverage form is used; coverage must remain in effect for a minimum of 3 years after the Developer's work is concluded. (4) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (5) Such insurance policies and /or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Developer's and its subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. 19 (6) Developer shall provide such other insurance policies and /or coverages that may be required by other parts of this Contract. If required by the Contract, such policies and /or coverages could include, but are not limited to, Errors and Omissions/Professional Liability, Crime/ Fidelity, Environmental and /or Pollution, Builder's Risk, Umbrella/Excess. (7) Should any required insurance coverage be canceled or materially altered before the expiration term of the contract, it is the responsibility of the Developer to notify the City of such within thirty (30) days of the effective date of the change. D. Proof of Insurance Coverage: (1) Developer shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (2) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. E. 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 Contract shall be authorized to do business in the Commonwealth of Virginia. F. The Developer's insurance policies and /or coverages shall not contain any exclusions for the Developer's subcontractors. G. The continued maintenance of the insurance policies and coverages required by the 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 Developer for default. H. Nothing contained in the insurance requirements is to be construed as limiting the liability of the Developer, 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 the Developer's interest or liabilities, but are merely minimums. The obligation of the Developer, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the Developer 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 the Developer's insurance company before seeking recovery directly from the Developer. END 20 BID FORM FOR A PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Friday, November 13, 2020, and are to be delivered to the address listed below. Time is of the essence. The completed Bid Form, together with any other documents the bidder wishes to submit, should be enclosed in a scaled envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on November 16, 2020. Date: November 10, 2020 JS Project LLC proposes and agrees, if its Bid (Legal Name of Bidder) is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement), a copy of which is on file in the Office of the City Clerk for the City of' Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of such Parking Agreement. Bid: Bidder agrees that monthly payments will be made according to the rates set forth in Section 5 of the above Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the Hotel to be constructed (Hotel). Payment is due to the City in accordance with the terms of the Parking Agreement. Bidder agrees that the number of Parking Permits that will be available under the Parking Agreement is 45. Bid: Bidder agrees to develop, construct, open, and operate Hotel in Downtown Roanoke, Virginia by December 31, 2021, with at least 50 rooms. Rid Form Parking Agreement 11 20.doc 11agc 1 of 2 Bid Term: Twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2021, and ending 20 years thereafter, provided that the successful bidder will have options to renew the term for up to four (4) additional five (5) year terms, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by the successful bidder as provided in the Parking Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, a copy of which Parking Agreement is on file in the Office of the City Clerk, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011, including, without limitation, providing the City with a bond or other security in the amount of $15,000.00, as required pursuant to Section 152 -2104, Code of Virginia (1950), as amended. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL NAME OF BIDDER: JS Project LLC Manager, Savara Development LLC in its capacity as BY: _ 'I I TLE: Manager of JS Project LLC (Printed Title) Vishal Savani (Printed Name) STREET ADDRESS: 101 S Jefferson St, Roanoke VA 24011 MAILING ADDRESS: c/o Savara Development LLC, 11325 Random Hills Rd, Suite 360 CITY: Fairfax STATE: Virginia ZIP CODF: 22030 TELEPHONE: (703 ) 951 -3122 FAX: (_ ) Bidder's SCC Identification Number: 57567086 13 id Form Parking Agreement 1 1 20.doc Page 2 of 2 ■SAVARA DEVELOPMENT November 10, 2020 Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Honorable Mayor Lea and Honorable Members of the Council of the City of Roanoke: JS Project LLC (DBA The Liberty Trust), an affiliate of Savara Development LLC, has embarked on a full historic restoration of the Liberty Trust Building located at 101 South Jefferson St with plans to convert the property to Downtown Roanoke's first luxury lifestyle hotel. Featuring 54 guest rooms, a lobby bar and restaurant, and meeting space, The Liberty Trust will be the only member of the prestigious Preferred Hotels & Resorts group in Virginia's Blue Ridge —and one of only five in the state of Virginia. The Liberty Trust intends to offer a lodging product that shares the rich history of Roanoke and the Liberty Trust Building with out -of -town visitors while serving as a vibrant gathering spot for area residents. Demolition and construction work commenced within the building in December 2019, with construction about 30% complete as of October 31, 2020. The coronavirus pandemic impacted our construction and opening timelines, and the hotel is now expected to open in Fall 2021 In order to accommodate the parking needs of overnight hotel guests as well as patrons of the hotel's restaurant and meeting space, JS Project LLC is seeking unreserved parking permits for up to 45 parking spots at the Center In The Square Garage for use on an as- needed basis. The availability of adequate parking spots in a secure location within close proximity of the hotel will ensure that out -of -town visitors and locals who are coming to the hotel are provided convenience and predictability, while also keeping street parking open and available. We anticipate most of the required spots will be utilized during the overnight hours, when demand from visitors to the Center In The Square is low, thereby assisting with increasing garage occupancy during a slower period while providing an additional revenue stream to the City. JS Project LLC proposes and agrees, if its Bid is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement). We have reviewed a draft of the Parking Agreement and JS Project LLC warrants that it can and will comply with the provisions of such Parking Agreement. JS Project LLC also agrees that monthly payments will be made according to the rates set forth in Section 5 of the Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the hotel. 11325 Random Hills Road, Suite 360, Fairfax, Virginia 22030 ■SAVAiaA DEVELOPMENT JS Project LLC further agrees that the number of Parking Permits that will be available under the Parking Agreement is 45. JS Project LLC agrees to develop, construct, open, and operate the hotel in Downtown Roanoke, Virginia by December 31, 2021, with at least 50 rooms. As noted above, construction work has already commenced. JS Project LLC agrees to a term of twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2021, and ending 20 years thereafter, provided that JS Project LLC will have options to renew the term for up to four (4) additional five (5) year terms, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by JS Project LLC as provided in the Parking Agreement. JS Project LLC also agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, including providing the City with a bond or other security in the amount of $15,000.00, as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. Lastly, JS Project LLC agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Thank you for your consideration of this Bid. We look forward to the opening of our Hotel, and to being a contributing member of the Roanoke community. Sincerely, f Vishal Savani, Manager, Savara Development LLC in its capacity as Manager, JS Project LLC 11325 Random Hills Road, Suite 360, Fairfax, Virginia 22030 SHERMAN M STOVALL, ASSISTANT CITY MGR Attn W. Brent Robertson, Assistant City Manager for Community Development 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6017304 Date November 09, 2020 Date Category Description Ad Size Total Cost 11/18/2020 Propos -Sld Bids -RFP ADVERTISEMENT FOR INVITATION FORBIDS AND NOTICE 1 x 218 L 2,058.16 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 11/02,11/09/2020 The First insertion being given ... 11/02/2020 Newspaper reference: 0001148625 Billing Representative Sworn to and subscribed before me this Monday, November 9, 2020 '::W:� z� Notary Public "`° State of Virginia County of Hanover My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution of a Parking Agreement for unreserved parking permits for the City's Center In the square Garage Pursuant to the requirements of Sections 15.2.2100, 151 -2101, 151- 2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders to enter into a Parking Agreement with the City under which Parking Agreement the successful bidder will obtain up to forty -five (45) parking permits for the use of not more than forty -five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, subject to certain terms and conditions of such Parking Agreement. The term of the Parking Agreement shall be twenty (20) years, starting on the date on which a hotel to be constructed is issued a permanent certificate of occupancy, provided such certificate of occupancy is issued on or before December 31, 2021, and ending twenty (20) years thereafter, provided that the successful bidder will have the option to renew such Agreement for up to four (4) additional five (5) year periods. The Parking Agreement specifically provides that each option is automatically exercised and the Parking Agreement renewed for each five (5) year period unless the successful bidder terminates the Parking Agreement as provided in the Parking Agreement The term of the Parking Agreement is also subject to termination as set forth in the Parking Agreement or in accordance with the law. The parking permits issued pursuant to the Parking Agreement shall allow guests of a Hotel to use spaces within the City's Center In The Square Garage except for those spaces within the City's Center In The Square Garage that are designated as reserved or otherwise not permitted for use by the general public. The purpose of such Parking Agreement is to allow guests of Hotel to be developed, constructed, opened, and operated in downtown Roanoke to use parking spaces within the City's Center In The Square Garage, subject to the terms and conditions as may be more fully set forth in the Parking Agreement If the City elects to award a Parking Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Parking Agreement as set forth above. A copy of the full text of the proposed Ordinance, and a draft of the proposed Parking Agreement, are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Parking Agreement for unreserved parking permits for the City's Center In The Square Garage as set forth above. Each bidder shall submit at a minimum the following information: 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The agreement of the bidder to pay the amounts for the parking permits as set forth in the proposed Parking Agreement. 3. The agreement of the bidder to execute the Parking Agreement. 4. The agreement of the bidder to provide the City with a bond or other security, acceptable to the City, in the amount of $15,000.00, as required by Section 151.2104, Code of Virginia (1950), as amended. 5. Such other information as the bidder deems appropriate. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Friday, November 13, 2020. Time is of the essence. The outside of the bid envelope should be marked as follows: "BID FOR PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2:00 P.M. ON MONDAY NOVEMBER 16, 2020." The bid should be addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m, local time, on Monday, November 16, 2020, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 152- 2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Parking Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The necessary bid form, a copy of the proposed Parking Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Monday, November 2, 2020. Pursuant to the requirements of Sections 151 -2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 16, 2020, at 7,00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 8534541. All parties and interested persons may appear on the above date and time and be heard on the matter. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.aov or calling (540) 853 -2541 by 11:00 am., on November 16, 2020. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, November 12, 2020. GIVEN under my hand this 2nd day of November 2020. Cecelia F. McCoy, City Clerk (1148625) 4(_,2 ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution of a Parking Agreement for unreserved parking permits for the City's Center In the Square Garage Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders to enter into a Parking Agreement with the City under which Parking Agreement the successful bidder will obtain up to forty -five (45) parking permits for the use of not more than forty -five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, subject to certain terms and conditions of such Parking Agreement. The term of the Parking Agreement shall be twenty (20) years, starting on the date on which a hotel to be constructed is issued a permanent certificate of occupancy, provided such certificate of occupancy is issued on or before December 31, 2021, and ending twenty (20) years thereafter, provided that the successful bidder will have the option to renew such Agreement for up to four (4) additional five (5) year periods. The Parking Agreement specifically provides that each option is automatically exercised and the Parking Agreement renewed for each five (5) year period unless the successful bidder terminates the Parking Agreement as provided in the Parking Agreement. The term of the Parking Agreement is also subject to termination as set forth in the Parking Agreement or in accordance with the law. The parking permits issued pursuant to the Parking Agreement shall allow guests of a Hotel to use spaces within the City's Center In The Square Garage except for those spaces within the City's Center In The Square Garage that are designated as reserved or otherwise not permitted for use by the general public. The purpose of such Parking Agreement is to allow guests of Hotel to be developed, constructed, opened, and operated in downtown Roanoke to use parking spaces within the City's Center In The Square Garage, subject to the terms and conditions as may be more fully set forth in the Parking Agreement. If the City elects to award a Parking Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Parking Agreement as set forth above. A copy of the full text of the proposed Ordinance, and a draft of the proposed Parking Agreement, are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Parking Agreement for unreserved parking permits for the City's Center In The Square Garage as set forth above. Each bidder shall submit at a minimum the following information: Notice of Public Hearing Parking Agreement 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation, Commission. 2. The agreement of the bidder to pay the amounts for the parking permits as set forth in the proposed Parking Agreement. The agreement of the bidder to execute the Parking Agreement. 4. The agreement of the bidder to provide the City with a bond or other security, acceptable to the City, in the amount of $15,000.00, as required by Section 15.2- 2104, Code of Virginia (1950), as amended. 5. Such other information as the bidder deems appropriate. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Friday, November 13, 2020. Time is of the essence. The outside of the bid envelope should be marked as follows: "BID FOR PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2:00 P.M. ON MONDAY NOVEMBER 16, 2020." The bid should be addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, November 16, 2020, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Parking Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The necessary bid form, a copy of the proposed Parking Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Monday, November 2, 2020. Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 16, 2020, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853 -2541. Notice of Public Hearing Parking Agreement All parties and interested persons may appear on the above date and time and be heard on the matter. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 a.m., on November 16, 2020. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, November 12, 2020. GIVEN under my hand this 2nd day of November 2020. Cecelia F. McCoy, City Clerk. Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, November 2, 2020, and once on Monday, November 9, 2020. Please send bill to: Brent Robertson Assistant City Manager for Community Development 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2333 Notice of Public Hearing Parking Agreement 3 Please send affidavit of publication to: Cecelia F. McCoy City Clerk's Office 456 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 (540) 853 -2541 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: clerkCa roanokeva.gov CECELIA F. NICCOV, CV1C CECELIA T. WEBB, CHIC Cite Clerk Depute City Clerk November 17, 2020 The Honorable Terry L. Austin, Delegate, Virginia House of Delegates The Honorable Christopher T. Head, Delegate, Virginia House of Delegates The Honorable Joseph P. McNamara, Delegate, Virginia House of Delegates The Honorable Samuel Rasoul, Delegate, Virginia House of Delegates Dear Members of the General Assembly: I am enclosing an attested copy of Resolution No. 41922 - 111620 petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2020. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure PC: R. Ronald Jordan, Legislative Liaison, Advantus Strategies, 1011 E. Main Street, Suite 400, Richmond, Virginia 23219 The Honorable William Bespitch, Chair, Legislative Committee Robert S. Cowell, Jr., City Manager Timothy Spencer, City Attorney Andrew Harmon, City Auditor Amelia Merchant, Director of Finance C� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41922 - 111620. A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. WHEREAS, pursuant to Virginia Code Section 24.2.222.1(A) City Council adopted an ordinance No. 41625- 111819, adopted November 18, 2019, to move the council election date from May to the November general election date of even - numbered years, commencing with the November 2020 general election date; WHEREAS, Virginia Code Section 24.2.222.1(A) allows a city to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter, the tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2 -202 in order to reflect the change in the council election date adopted by City Council; WHEREAS, the required public hearing was conducted on November 16, 2020; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Attorney is directed to petition the General Assembly to amend the Roanoke Charter of 1952 as follows to reflect such changes: §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of Ju4yJanuary next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of J4yJanuary next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the €irs1 Tuesday following the first Monday in May November, nineteen hundred seventy -two two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the ffst-Tuesday following the first Monday in M"November, nineteen two thousand twenty-two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice -mayor of the city, for a term of two years, to commence on the first day of July January next following the date of such election and until the vice - mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within tl+i4yforty five days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. §10. Meetings of council generally. At two o'clock post meridian on the first Monday of July January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday following the first Monday in " November in nineteen hundred seventy two two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. 2. The City Clerk is directed to provide a publisher's affidavit showing the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing to the members of the City's delegation to the General Assembly, with the request that they introduce a bill in the 2021 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: O,Cz City Clerk. SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 COUNCIL MEMBERS Fax: (540) 853 -1145 William D. Bestpitch Joseph L. Cobb Michelle L. Davis November 16, 2020 Anita J. Price Vivian Sanchez -Jones Patricia White -Boyd The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amendments to Roanoke Charter of 1952 Dear Mayor Lea and Members of Council: Attached for your consideration is a resolution requesting the 2021 Session of the General Assembly to amend various sections of the present Roanoke Charter of 1952 to reflect changes made in election dates and meetings of council generally. As required by §15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the city advising of the time and place of the public hearing which is on your agenda for your evening meeting on November 16, 2020. The City's Legislative Committee has reviewed the proposed amendments to the City Charter and it concurred in scheduling this public hearing in order to obtain the views of the citizens of the City as to the proposed amendments. The City's Legislative Committee recommends that Council adopt the attached resolution requesting the proposed amendments to the City Charter. If Council concurs, and adopts the attached resolution, the State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation, with the request that a bill be introduced in the 2021 Session of the General Assembly to amend the Charter as proposed. Respectfully submitted, A *" ,� William Best tch, Chair Legislative Committee LSC /l Attachments c: Robert S. Cowell, Jr., City Manager Amelia Merchant, Director of Finance Andrew Harmon, City Auditor Timothy Spencer, City Attorney Cecelia F. McCoy, City Clerk R. Ronald Jordan, Legislative Liaison CITY OF ROANOKE - CLERKS OFFICE Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6007932 Affidavit of Publication Late November 06, 2020 Date Category bieserii5tion Ad Size Total Cost 11/15/2020 Legal Notices NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF R 1 x 186 L 918.16 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: illiiQel- 91031411 The First insertion being given ... 11/06/2020 Newspaper reference: 0001153531 \' NN r � Billing Represen t ve Sworn to and subscribed before me this Friday, November 6, 2020 Notary Public - ,Y State of Virginia County of Hanover 2 9 5:' 9 My Commission expires �c THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE, VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2 -202, Code of Virginia (1950), as amended, will hold a public hearing on Monday, November 16, 2020, at 7:00 p.m., or as soon thereafter 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, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments will read and provide as follows: §4. Composition of council; terms of members; designation of vice - mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of January next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of January next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the Tuesday following the first Monday in November, two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the Tuesday following the first Monday in November, two thousand twenty -two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular council manic election shall be the vice - mayor of the city, for a term of two years, to commence on the first day of January next following the date of such election and until the vice - mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within forty -five days, and until the day upon which the terms of office of council members elected in the next following regular council manic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular council manic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. AND §10. Meetings of council generally. At two o'clock post meridian on the first Monday of January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. AND §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday in November in two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 am., on November 16, 2020. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at (540)853.2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 12, 2020. Given under my hand this 2nd day of November, 2020 Cecelia F. McCoy, City Clerk (1153531) NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE, VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2- 202, Code of Virginia (1950), as amended, will hold a public hearing on Monday, November 16, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`h Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments will read and provide as follows: §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of January next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of January next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the Tuesday following the first Monday in November, two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the Tuesday following the first Monday in November, two thousand twenty -two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular council manic election shall be the vice -mayor of the city, for a term of two years, to commence on the first day of January next following the date of such election and until the vice - mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within forty -five days, and until the day upon which the terms of office of council members elected in the next following regular council manic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular council manic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. AND §10. Meetings of council generally. At two o'clock post meridian on the first Monday of January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence, or such meeting may be held at any time without notice, on call of" the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. AND §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday in November in two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 11:00 a.m., on November 16, 2020. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 12, 2020. Given under my hand this 6thday of November, 2020. Cecelia F. McCoy, City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, November 6, 2020. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk. 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 d�� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2020. No. 41923 - 111620. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2021 Session of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2021 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge region; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; WHEREAS, Council is also desirous to authorize its legislative liaison to advocate the position of the City on matters that may affect the City that are not specifically included in its Legislative Program in an efficient and effective manner; and WHEREAS, the Legislative Committee of City Council has recommended to Council a Legislative Program to be presented at the 2021 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by the Legislative Committee is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2021 Session of the General Assembly. 2. Council authorizes the City's legislative liaison to advocate on all matters that arise during the 2021 Session of the General Assembly that may affect the interests of the City. With respect to matters that are not specifically included in the 2021 Legislative Program, the City's legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the City Manager of the particular matter and the position that the City should advocate and shall receive the consent of the Chair or Vice Chair of the Legislative Committee and the City Manager to proceed. 3. A joint meeting of the School Board and City Council will be held on Monday, December 7, 2020, at 9:15 a.m., to present the 2021 Legislative Program to the Senators and Delegates. ATTEST: O t "tu�. City Clerk. 2021 City of Roanoke Legislative Program Fiscal Policy Any proposed comprehensive tax reform must be based on the fundamental principle that local revenue sources cannot be further limited or restricted by the General Assembly without the enactment of legislation that will authorize localities to establish meaningful and viable alternative sources of local revenue. The General Assembly must vigilantly and effectively avoid enactment of any further unfunded mandates to localities and initiate procedures to review, assess, and eliminate existing and burdensome unfunded mandates imposed on localities. Unfunded mandates include mandatory tax exemptions or reductions to specific groups of individuals, as worthy and deserving as they may be. Technology and Infrastructure Policy The General Assembly should eliminate impediments facing localities from bringing 21" Century technology to their citizens. The Commonwealth and the City must develop partnerships among federal, state, and local constituencies to expand highway infrastructure development throughout Virginia's Blue Ridge Region, including the expansion of I -73, which incorporates improving the safety and economic development worthiness of US Rte. 220. Environmental Policy The City opposes any efforts by the General Assembly to mandate further exemptions from payment of local stormwater utility fees. In addition, the City requests the General Assembly to hold localities harmless from any costs associated with increases in the load of sediment and other pollutants of concern that enter waters of the Commonwealth, including rivers, streams, and tributaries, where such increases in the Total Maximum Daily Load for a locality are attributable to projects and developments approved by the Commonwealth that include crossings of bodies of water within the Commonwealth. The City supports legislation to promote the generation and use of renewable energy, including expanding the authority of localities to enter into power purchase agreements with utilities for the generation of electricity through solar power. The City encourages socially responsible investments, including investments in renewable energy, by VRS and all other funds invested by the Commonwealth. The City supports energ y transportation services statewide, cleaner transportation options. Final (11. 11.20) efficiency and renewable energy programs for public emphasizing the need for more equitable, accessible, and Economic Development Policy The City encourages the General Assembly to maintain existing tools, including historic tax credits, to encourage development and redevelopment throughout the City and Virginia's Blue Ridge Region. The City supports continuation and increased funding for the Commonwealth's Opportunity Fund (COF). This important economic development incentive program has played a major role in several Roanoke job- creation projects. The COF is an essential tool in competing with other states which often offer lucrative incentive packages to prospective companies. The City encourages the General Assembly to refrain from enacting further limitations on planning, development, and zoning tools that localities may use in regulating and promoting development within their communities. Public transportation is an important economic development tool for the regional economy. The General Assembly should increase funding for transit services and create opportunities for regional localities to collaborate in expanding public transportation throughout the region. Education Policy The City of Roanoke and Roanoke City Public Schools strongly urge the General Assembly to amend current school funding programs to fully fund its obligations under the Standards of Quality (SOQ) by securing a sustainable state revenue source to assist localities and school divisions to provide more equitable educational opportunities for all Virginia students. These revenue streams should be dedicated to modernizing and maintaining public school facilities and ensuring adequate funding for updating curricula to correct historical inaccuracies and to reflect the history and culture of students of all backgrounds represented in the Commonwealth. This recommendation will require amendments to establish transparent criteria for equitable distribution of such funding, including funding to support the technology needed to meet the Standards of Learning (SOL) requirements and enhance learning by all children. Public Safety Policy The City supports legislation that preserves law and order and promotes public safety throughout the City, including legislative initiatives that provide funding to assist localities in protecting the public from gun violence. The City supports legislation to enable localities to enact ordinances that exceed statewide standards with respect to the sale, possession, storage, and carrying of firearms and ammunition. The City emphasizes the importance of continuous criminal justice reform and the establishment of appropriate standards for law enforcement to protect the civil rights of citizens. Further, the Commonwealth and City must expand the meaning of well -being and community safety to include education, economic opportunity, rehabilitation, and other support initiatives. Final (11. 11.20) The Governor and General Assembly should ensure that additional funds are provided to sufficiently support these efforts alongside law enforcement. Civil and Voting Rights Policy The City supports the repeal of Article I, Section 15 -A of the State Constitution regarding marriage. The City emphasizes the importance of keeping constituents aware and informed on their civil rights and liberties, most especially their right to vote. Thus, the City supports all efforts at making voting as accessible and equitable as possible. Community Policy The City supports measures to ensure a statewide living wage that incorporates the value of benefits to promote the health and well -being of workers and their families. The City supports legislation to promote healthcare for all Virginians, including reproductive healthcare, free from discrimination based on sex, race, ethnicity, sexual orientation, or gender identity. The City supports legislation to address the health issues presented by vaping. 2021 VML Legislative Program The City endorses and supports the 2021 VML Legislative Program and VML Policy Committee Statements. 2021 Legislative Priorities The City requests its legislative delegation to patron and support the following legislative initiatives: 1. Amend City Charter to conform Charter to November election schedule. This proposal requires Council to propose charter changes to the General Assembly after advertising and conducting a public hearing. 2. Establish real estate lien status and priority for unpaid local solid waste collection fees in a manner similar to the lien for unpaid stormwater utility fees. This proposal requires an amendment to Section 15.2 -928. 3. Adopt amendments to the State Budget to continue funding increases for community mental health programs and facilities. Final (11. 11.20) This recommendation will require commitments to maintain funding levels and implementation of programs for the current State budget and subsequent two -year budgets. 4. Adopt legislation to enable localities to establish a ticket diversion program to allow bicyclists who are cited for traffic violations to receive safety training in lieu of paying a fine. This recommendation will require amendments to Title 46.2, Subtitle III of the Code of Virginia. 5. Adopt amendments to the Code of Virginia to clarify mitigation of impacts to water quality by new and redevelopment sites. Local regulations of site development face challenges arising from ambiguous provisions in state regulations. Best Management Practices should include specific, understandable regulations with respect to water - quality issues. This recommendation may require amendments to current rules, in addition to changes to the Code of Virginia. 6. Adopt amendments to Section 15.2 -922 (A) to authorize localities to require retrofitting of buildings containing one or more dwelling units to install and maintain smoke alarms. This type of amendment has been implemented with respect to schools, juvenile care facilities, assisted living facilities, and nursing homes. This recommendation requires amendments to Section 15.2 -922 (A). 7. Adopt legislation to allow localities to designate "No Smoking" areas in outdoor parks, including within 100 feet of recreation centers, outdoor playgrounds, and sports fields. This recommendation will require an amendment to Section 15.2 -2826. 8. Enact measures to fully fund: (i) the Standards of Quality (SOQ) to include a sustainable state funding source to assist localities and school divisions in modernizing public school facilities; (ii) programs for special needs; (iii) enhancements to teacher compensation; and (iv) to secure and implement curricula which reflect the history and culture of students of all backgrounds represented in the Commonwealth, to provide more equitable educational opportunities for all Virginia students. This recommendation will require amendments to current school funding programs to secure a reliable source of revenue and establish transparent criteria for equitable distribution of such funding. Fully funding the SOQ requirements by the General Assembly will necessarily include funding for much - needed Final (11. 11.20) modernization of school infrastructure. Fully funding programs for special needs, enhancing teacher compensation, and ensuring the presence of curricula reflecting the history and culture of students of the many and varied backgrounds represented in the school divisions will provide for more equitable educational opportunities for all our children throughout the Commonwealth. 9. Continue supporting a fund and grant program relating to intervention and prevention of violence in our communities. This recommendation will require commitments to maintain funding levels and implementation of programs for the current State budget and subsequent two -year budgets. 10. Adopt amendments to the Code of Virginia to allow localities to transfer blighted properties directly to a land bank entity created by the locality or an existing nonprofit entity designated by the locality to carry out the functions of a land bank entity in lieu of sale at public auction for unpaid real estate taxes and other liens held by the locality. This recommendation will require amendments to Section 58.1- 3970.1. 11. Adopt Senate Bill No. 5016 relating to the application of parole statutes and Senate Bill No. 5046 relating to limitation on mandatory minimum punishment. These Bills were introduced in the 2020 General Assembly Session by Senator Edwards and passed by indefinitely in the Senate Judiciary Committee with a letter to the Crime Commission requesting that they be studied further. This recommendation will require approval of legislation that will be reintroduced before the General Assembly in 2021. Final (11. 11.20) DAVIS ROANOKE CITY COUNCIL RECESSED SESSION (CITY COUNCIL BUDGET PLANNING WORKSHOP) DECEMBER 1, 2020 9:00 A.M. CHARTER HALL 32 MARKET SQUARE, S. E. AGENDA 1. Call to Order — Roll Call. All Present. 2. Welcome and Opening Remarks — Mayor Sherman P. Lea, Sr. 3. Overview of Retreat Agenda. 4. Overview of Form of Government, Purpose of Municipal Budgeting and Role of Council. 5. City Council Team Building — Communication Styles and Techniques. 6. Lunch (FY20 Budget Closeout and FY21 Update) 7. Budget Presentations and Discussion. 8. Wrap -up and Next Steps. 9. Adjourned - 2:45 p.m. to City Council Budget Planning Retreat TUESDAY, DECEMBER 1, 2020 9 A.M. -4:00 P.M. CHARTER HALL OVERVIEW OF FORM OF GOVERNMENT, PURPOSE OF MUNICIPAL BUDGETING AND ROLE OF COUNCIL Purpose of Municipal Budgeting • Policies and Priorities into Action — Basic political values of the government • Financial Accountability • Define, Achieve and Measure Outcomes • Government produce public goods and under certain conditions, private goods — private sector only produces private goods • Public goods consumed collectively and not exclusively— not "traded" in the marketplace • Funding decision (taxes) separate from spending decision (service received) — the level of funding for a specific public service determines the amount that will be consumed. • Budget process does for citizens what the marketplace does for consumers. • Private goods (transit, parking, etc.) due to market failure, natural monopolies (utilities for example), merit goods (education for example), etc. • Budgeting versus Accounting OVERVIEW OF FORM OF GOVERNMENT, PURPOSE OF MUNICIPAL BUDGETING AND ROLE OF COUNCIL Role of Council in Budget Preparation and Approval •Vision & Priority Setting — Strategic Plan •Policy Setting — Budgeting and Financial Policies •Guidance to Administration — Response to questions /proposals from Administration •Respond to Budget proposals — Manager prepares and delivers budget proposal — Council reacts based upon identified priorities, policies and expected outcomes •Solicit community response — Public hearings in response to Manager's proposed budget V Approval and Accountability — Council approves the budget and has authority over its amendment. Performance measures and indicators used for determining outcomes and accountability. Council Team Building $350 $300 $250 $200 c 0 150 $100 $50 $0 REVENUE PERFORMANCE BY FISCAL YEAR $291 $299 $303 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 I LocaI Non Local Total —Value in 2008 Dollars $99 $204 $210,000,000 $205,000,000 $200,000,000 $195,000,000 $190,000,000 $185,000,000 $180,000,000 e FY20 LOCAL TAX REVENUES PROJECTION vs ACTUAL FY17 FY18 FY19 7/1/2019 2/2020 4/2020 FY20 Actual Actual Actual (FY20 Adopted (Council Briefing) (Council Briefing) Actual (Unaudited) Budget) Projections — Actual FY 20 Revenue $350.00 $300.00 $304.94 $291.25 Total General Fund $204.31 $250.00 $196.00( $204.08 $200.00 o $150.00 $88.60 $87.25 $100.00 $87.77 $22.19 $13.27 $23.93 $14.64 $50.00 $18.741 $11.45 $22.89 $14.23 $21.54 $16.50 $23.72 $13.03 Emig 0 =M ��. M M M $0.00 Real Estate Sales Prepared Food and Personal Property Business License Total Local Beverage ■ Final Budget ■ Administration Projection ■ Unaudited $304.94 $291.25 Total General Fund EXPENDITURES BY FISCAL YEAR $350 $300 $250 o $200 $150 $100 $50 $0 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 a Expenditures $271 FY 14 FY 15 FY 16 $287 O R9 $293 FY 17 FY 18 FY 19 FY 20 FY 20 YEAR -END • YTD Revenue: $302,943,724 YTD Expense *: $293,316,052 Excess Revenue: $9,627,672 Uses: Payroll Accrual: $150,000 Unassigned Fund Balance: $940,000 $36,974,485 or 12.31% - FY 21 Target Stabilization Reserve: $1,256,172 $6,077,291 or 2.01% - FY 22 Target Capital Uses: $7,181,500 Grant Match: $100,000 *YTD Expense before other Uses UNASSIGNED FUND BALANCE Unassigned Fund Balance equal to 12% of General Fund expenditures. Funding provided by year -end revenue To provide funding to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. May not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Council authorization required for use. If used, must be restored within three (3) fiscal years. A plan for restoration will be submitted at the time of approved use. By Year -End FY 2020, target to reach was 11 % %. $50 $45 $40 $35 0 $30 $25 $20 $15 $10 i UNASSIGNED FUND BALANCE 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Est STABILIZATION RESERVE Stabilization Reserve equal to 3% of General Fund expenditures. Funding provided by revenue in excess of budget, excess debt service as recommended by the City Manager and approved by City Council, interest earnings of the Capital Projects Fund and proceeds from the sale of surplus general government real property To provide coverage for an economic downturn to smooth financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate, coverage for risk exposure due to self - insurance or unanticipated risk management expenses and investments related to Economic and Community Development projects. May not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Council authorization required for use. If used, must be restored within three (3) fiscal years. A plan for restoration will be submitted at the time of approved use. et to reach was 1% 0 $7 $6 $5 $4 $3 $2 $1 $0 STABILIZATION RESERVE D�O 2018 2019 2020 Est FY 20 YEAR -END USES Restoration of previously allocated funding: $2,975,000 Melrose Avenue Streetscape: $810,000 Juvenile and Domestic Relations Court Clerk renovation: $950,000 Replacement of Escalators for Market Walkway with Stairs and Elevator Refurbish: $865,000 Parks and Recreation Court Conversion: $350,000 Capital Project Contingency: $2,900,000 Paving: $200,000 (FY 21 base funding reduction) Fleet Capital: $550,000 (FY 21 base funding reduction) Sidewalks: $300,000 Municipal Building Security /Server /Interior Cameras: $56,000 Police Building Deferred Maintenance: $200,500 FY 21 BUDGET ADOPTION ASSUMPTIONS ($1,366,000) or (0.46 %) net decrease from FY 20 adopted level Adjustments in revenue assumptions due to COVID-19, significant uncertainties in local tax performance Creation of $1.77 million COVID -19 Contingency Prioritization of supplemental appropriations Lower priority expenditure decreases Unfunding of 17 vacant positions FY 21 CURRENT STATUS OVERVIEW Monthly reviews: Key local taxes and dashboard creation Expenses by department Salaries and fringes Some CARES Act funding use for Public Safety payroll expenses General funding released for future COVID -19 related expenses FY 2021 Monitoring Dashboard �LocallTaxes Target Comparison Real Estate +0.99% Sales Tax (September) +7.11% Business License Tax -3.65% Transient Occupancy Tax +49.84% Prepared Foods & Beverage Tax - 10.12% All Local Taxes 7.84% Public Safety Overtime Children Services Act Solid Waste Costs Workers Compensation Operation Costs Total General Fund Salary Lapse Contingency COVID -19 Contingency 65.8% 7.6% 29.2% 29.7% 24.2% 30.6% Current Balance $1,394,270 $1,498,375 $1,774,653 +32.5% -7.6% -4.1% -3.6% -9.1% -2.7% Balance 1 year ago $1,643,850 $1,409,007 N/A BUDGET PRESENTATIONS AND DISCUSSION - STRATEGIC PLAN, BUDGET PRIORITIES, BUDGET DEVELOPMENT Strategic Plan - Strategic Thinking - Delineation of a community vision and the strategies and actions necessary to progress toward that vision. The City of Roanoke is a safe, caring and economically vibrant community in which all have equitable opportunities to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. Strategic Areas of Importance Education Community Safety Human Services Infrastructure Good Government Livability Economy Council Strategic Values Equity Community Engagement & Inclusion Well -Being Creativity =� Y Roanoke, Virginia Strategic Plan 7020 -2021 ROANOKE BUDGET PRESENTATIONS AND DISCUSSION - STRATEGIC PLAN, BUDGET PRIORITIES, BUDGET DEVELOPMENT Budget Priorities Budgeting for Equitable and Empowering Outcomes COVID -19 Response & Recovery Enhanced Linkage Between Education and Economic Opportunity Enhanced Non - Police Responses Increased Response to Gun Violence Enhanced Anti - Poverty Response Increased Focus on Infrastructure —Street Paving and Sidewalks Youth Recreation Sports 2.0 Complete Neighborhoods Budget Development Strategic Plan — Retreat, Initial Response, Draft, Adoption (August- February) Strategic Plan Working Groups (October - ? ? ?) Comprehensive Plan Adoption (December) Budget Planning Retreat (December) Budget Instructions /Disparity and Assets Report /BFEEO Scorecard /Calendar (December) Budget Briefings /Preparation of Offers (January - April) Community Engagement (February -May) Budget Presentation /Public Hearings (April -May) Budget Study /Adoption (May) FY 22 BUDGET CONSIDERATIONS Non - Discretionary /Inflationary Costs Infrastructure Street Paving Curb, Gutter, Sidewalk (New and Maintenance) Recurring Capital Fleet Replacement Technology Capital Revenue Sharing Program State deferral of Revenue Sharing Program to FY 2025 and 2026 will impact funding available for several projects Pedestrian Improvements (Patterson Avenue) Streetscape Improvements (11th Street) Stormdrain Improvements Bridize Replacement (Wass Bridge Replacement) FY 22 BUDGET CONSIDERATIONS (CONTINUED) Stormwater Utility Fee Council briefed during FY 2020 -2021 Budget Development Previously identified fee increase was deferred Challenge with addressing future identified operating needs Challenge with maintaining level of capital project funding if grant funding declines Berglund Center Uncertainty with the recovery of live entertainment industry Compensation General Compensation Public Safety Compensation Minimum Wage Increase FY 2022 BUDGET CONSIDERATIONS (CONTINUED) COVID - related expenditures and recessionary implications -Plastic bag tax -Parking Fund performance and future rate increases Hotel Roanoke Conference Center Juneteenth Holiday Enhanced Community Engagement in budget development /review BUDGET DEVELOPMENT TIMELINE December 4: Leadership Team Kick -Off January 4: City Council Briefing January 11: Budget Offers due January 28: External Agency requests due February 1: City Council Briefing March 1: City Council Briefing April 5: City Council Briefing April 19: Recommended Budget Presentation to City Council April 27: Public Hearing May 3: Budget Study May 10: Budget Adoption 0 WRAP -UP AND NEXT STEPS 5 11MINSTITUTE FOR LOCAL GOVERNMENT "' Promoting Good Government at the Local Level Leading public organizations and governing with colleagues on a council is a challenging art of community service. The Institute recognizes that many aspects of leadership and governance are not intuitive. This piece is intended to provide councilmembers and city managers insight into the attributes of exceptional councils as well as provide practical tips to help them become exceptional. 1. Exceptional councils develop a sense s' r of team — a partnership with the city - manager to govern and manage the city . Successfully transition from candidate to a member of the council. The mayor, councilmembers and city manager see • Become a champion of the city. Make themselves and work as a team as they undertake a decisions based on the needs and interests of the community at -large / the series of tasks to further their common purpose. The greater good. individual team members work in a coordinated and . Develop, communicate and support collaborative manner with a high degree of respect, trust policy goals and council decisions. and openness. The team values diversity in style and • Demonstrate a willingness to work perspective. The team thinks and acts strategically as it collaboratively (as a team) and have a citywide perspective. examines issues /situations and decides on a course of action serving their city's mission and goals. BEST PRACTICE TIPS Build capacity to create a more effective team. The governance team (mayor, councilmembers and city manager) should get to know each other; how each person approaches issues, decision making style and so on. This can be accomplished at annual meetings or workshops through -out the year. In the event that councilmembers disagree, clear ground rules (norms of behavior and practice) can help quell acrimony before it becomes a problem. It's important to remember that trust is built around understanding and respect, not necessarily agreement. 2. Exceptional councils have clear roles and responsibilities that are understood and adhered. Exceptional councils understand their role is to serve as policy maker - to represent the values, beliefs and priorities of their community while serving in the community's best interest. They carry out a variety of responsibilities including developing and adopting a vision for the city; focusing and aligning plans, policies, agreements and budgets in furtherance of this vision; and holding themselves and the city manager accountable for results. Exceptional councils understand that the city manager is responsible for the day -to -day operations of the city. The city manager is responsible for undertaking and accomplishing the policy objectives of the council. Exceptional councils recognize the subject matter expertise of staff and utilize their knowledge and experience to guide and inform decision making. Attributes of Exceptonaf Counriis KEY CHARACTERISTICS • Understand the role of local government and their responsibilities. • Know their role- to set vision and policy, avoid micromanagement. • Councilmembers should strive to be informed about the issues facing the city and be prepared to ask questions of staff and each other. Create a shared understanding of the city manager's role and the council's expectations to optimize the working relationships. This shared understanding is informed by local charter and ordinance provisions that provide the overall framework for the relationship. The council should make time to have conversations during retreats and or study sessions to define and /or reveal and refine their role and responsibilities. Since role clarity between the city council and city management is critical to mutual success, having clear protocols helps avoid misunderstandings. ®INSTITUTE FOR LOCAL GOVERNMENT- Attributes of Exceptional Councils 3. Exceptional councils honor the relationship with staff and each other Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool to guide the city manager and staff on where to focus their efforts. This annual meeting provides time for the council to reflect on community priorities as well as offer an opportunity to discuss their decorum and their relationship among each other and the relationship between the city manager /staff and the council. 4. Exceptional councils routinely conduct effective meetings • Councilmembers have the ability to Exceptional councils understand that a good working respectfully disagree (to disagree relationship with staff is vital for the city to be run without being disagreeable). successfully. Exceptional councils treat each other and They are able to leave it at the dais; staff with dignity and respect. They act with civility and debates are about policy, not personality. a high level of professional decorum. Councilmembers . Exceptional councilmembers reflect build trust by not playing the "gotcha game" and strive to positive decorum /model of leadership have a no secrets, no surprises approach as an operating by providing respectful tone with norm. Finally, they respect the diversity of styles and colleagues. perspectives among their colleagues and staff and are • Establish a set of behaviors ahead of time, potentially documented in a code open to new ideas. of conduct, to help promote civility and reasonable hours. respect. Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool to guide the city manager and staff on where to focus their efforts. This annual meeting provides time for the council to reflect on community priorities as well as offer an opportunity to discuss their decorum and their relationship among each other and the relationship between the city manager /staff and the council. 4. Exceptional councils routinely conduct effective meetings Exceptional councils use public meetings not only for their intended purpose, information sharing and decision- making, I® INSTITUTE FOR LOCAL GOVERNMENT" • Councilmembers are respectful of each Open and public meetings are central to democratic other, the public and everyone's time. decision- making. Exceptional councils master the art • Councilmembers use engaging body of effective meetings. They develop and adhere to meeting language as a way to demonstrate protocols and processes. They spend time planning and respect. organizing the agenda with the aim of having a more • Issues are not personalized, thoughtful dialogue is the objective. focused meeting. They allocate the council's time and • Agenda packets are read, energy appropriately (focused on the council's role and councilmembers come prepared and responsibilities) and meeting short- and long -term priorities. have an open mind They honor the public's participation and engagement • Respect is demonstrated for varied and they generally start on time and are held during opinions. • Everyone strives to be civil and act with reasonable hours. decorum. Exceptional councils use public meetings not only for their intended purpose, information sharing and decision- making, I® INSTITUTE FOR LOCAL GOVERNMENT" Attributes of Exceptional Councils but they also use the meeting to demonstrate respect and civility for each other, staff and the public. Exceptional councilmembers prepare in advance of the meeting, remain focused on the city goals and objectives and mindful of their role and responsibilities. BEST PRACTICE TIPS Develop and adopt (with regular reviews and updates), guidelines for conducting meetings and making decisions. These governance protocols typically address meeting procedures (agenda preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules) and standards of decorum (civility)). As part of a regular self- assessment, councils should evaluate their meetings and their effectiveness and adjust behavior and practices for better results. 5. Exceptional councils hold themselves and the city accountable Exceptional councils operate openly, ethically and work to engage the community in a myriad of decisions impacting the prosperity and well -being of their community. Toward that end, exceptional councils consistently provide short - and long -term strategic direction and goals, as well as provide budget, program and policy oversight. Exceptional councils hold themselves accountable for the conduct, behavior and effectiveness of the council. They establish clear priorities and goals and hold the city manager accountable for results. And finally, they embrace accountability as a process and tool to calibrate ongoing efforts to address and meet policy and program objectives. • Councilmembers operate ethically and with integrity. • Councils conduct team building / goal setting exercise to track progress towards mutually agreed upon goals • Councils taking responsibility for the results (good and bad). • Councils celebrate success. • Councilmembers hold themselves responsible for adhering to operating protocols and codes of conduct. BEST PRACTICE TIPS Annually evaluate council and city manager performance toward achieving the city's priorities and goals (consider having this be part of an annual goal setting meeting). Council should consider assessing its own behavior and effectiveness as part of its annual self- assessment. INSTITUTE Foti I� LOCAL GOVERNMENT- Attributes of Exceptional Councils 6. Exceptional councils have members KEY CHARACTERISTICS who practice continuous personal learning and development • Stay informed on key issues • Gain key insights and knowledge on all Governance is not intuitive. In addition, the policy and aspects of governing, from budgets to economic environment impacting cities are ever changing. plans and everything in between. Exceptional councils continually provide the opportunity • Learning to listen is sometimes more important than learning to give a to build their knowledge and skills, to enhance their speech. understanding of key issues, increase their awareness of best practices and sharpen their leadership and governance skills. Seek out national, state and local professional growth and educational opportunities. These opportunities can focus on the nuts and bolts of governing to helping you gain valuable information and /or insights on key policy issues facing your city. In addition, city run orientations for newly elected officials provide a good way to acclimate new members to the council's norms and protocols as well as the budget and key policy issues. INSTITUTE rot: LOCAL GOVERNMENT- Roanoke, Virginia Strategic Plan 2020 -2021 ROANOKE Roanoke City Council Vice -Mayor Joe Cobb, Anita Price, Michelle Davis, Mayor Sherman Lea, Djuna Osborne, Patricia White - Boyd, Bill Bestpitch Seven -time All- America City Winner! 1952 11979 11982 11988 11996 12012 12017 0. 1 Mayor Sherman P. Lea, Sr. City Manager Bob Cowell, Jr. As Mayor of the first city inducted into the All-America City Hall of Fame and a seven -time All-America City, it is my pleasure to serve alongside a Council and City Administration that recognize the importance of thinking strategically and acting on priorities. This plan captures the Council's strategic priorities and defines the outcomes we seek to achieve on behalf of the citizens. The Strategic Plan, our City's comprehensive plan, related specific purpose or place -based plans, and our annual budget represent what it is we as a City do and why we do it. It is through these efforts we work to ensure our City continues to offer we the best opportunity for the most people — in short, that it remains a great day in Roanoke! I encourage you to read this document to better understand our Vision for the community, how we plan to get there, and how you can measure our progress. It is my honor to serve the Mayor and Council and, on their behalf, the community, to lead an organization that works every day to deliver the services demanded and to offer opportunity to each and every resident and business of Roanoke. This plan provides the Vision established by Council and the steps necessary to realize that Vision. This plan also provides how we as an organization will conduct our business and sets the stage for the annual budget and capital improvements program. With the assistance of the Mayor and Council, we continue to make progress as a City - routinely recognized as one of the best places in America to live, operate a business, secure an education, or visit. I encourage you to review what follows and join us in keeping Roanoke a wonderful place for all who call it home. 2 TABLE OF CONTENTS Purposeof Strategic Planning .................................................................................... ..............................5 StrategicPlanning Process .......................................................................................... ..............................5 CommunityProfile ....................................................................................................... ..............................6 Vision and Strategic Areas of Importance ................................................................ ..............................7 Education...................................................................................................................... ..............................9 Overview Path to Results Performance Measures CommunitySafety ........................................................................................................ .............................11 Overview Path to Results Performance Measures HumanServices ............................................................................................................ .............................13 Overview Path to Results Performance Measures Infrastructure................................................................................................................ .............................15 Overview Path to Results Performance Measures GoodGovernment ........................................................................................................ .............................17 Overview Path to Results Performance Measures 3 Livability........................................................................................................................ .............................19 Overview Path to Results Performance Measures Economy...................................................................................................................... ............................... 21 Overview Path to Results Performance Measures OrganizationalResponse ............................................................................................. .............................23 IV mom I" IMw a1W w arm,*,, 12000 • re Ira Abt f •'��, at It W to Nk •. • • i r r , IN is aW +• •ea a wit • wy ea• rt t� s +�. wle lyr sk ! � • M N t t 4 Purpose of Strategic Planning A strategic plan should serve as the physical product of strategic thinking — that is, delineation of a community vision and the strategies and actions that will be necessary to progress toward that vision. The Council, City Government and community should ideally evaluate every opportunity or challenge that presents itself against this vision and its associated strategies to best determine how to allocate their time, money and other resources — all of which are limited. The Strategic Plan is a companion to the City's Comprehensive Plan, which represents how the City will physically change over time. Together, the Strategic Plan and the Comprehensive Plan provide a firm foundation upon which to build more detailed neighborhood and special purpose plans, the annual budget, the multi -year capital improvements program, regulations and ordnances, and other associated public policy and implementation documents and initiatives. ...ideally evaluate every opportunity or challenge that presents itself against this vision and its associated strategies to best determine how to allocate their time, money Ideally one should be able to review this document and gain a firm I and other resources... understanding of where the City intends to go, and generally how it proposes to get there, as well as gain insight into how progress along the way is intended to be measured. Strategic Planning Process This document represents the first update to the Strategic Plan which was formally adopted for the first time in 2019. The City has engaged in strategic thinking for many years. Much of what is included in this plan has, for a number of years, been included in the annual budget and other policy documents. The process used in the development of this plan was similar to that used in crafting the current version, beginning with a Council strategic planning retreat, which included a review of current strategic items, economic and social characteristics of Roanoke, and public service delivery in Roanoke. This retreat included a robust discussion of current conditions, projected trends and the goals for the future of the City. An affirmation of the community vision and an outline of clarificaitons of the strategies were the principal products resulting from the retreat. A draft strategic plan was prepared and presented to the Council at their annual budget planning retreat. A final draft version was made available for public review and comment in January 2019. Revisions were made and a final draft crafted. The Strategic Plan was approved by City Council at their meeting on February 18, 2020. The Council will review the Strategic Plan on an annual basis, making adjustments as appropriate, following a process similar to that used in the creation of previous plans. Additionally, City Management will provide the Council with semi - annual progress reports on the Plan and a performance measure report annually. 5 Community Profile The City of Roanoke is a mid -size independent city with a population of approximately 100,000 located within a region with a population of approximately 350,000. The Roanoke region is located within the southwestern portion of the Commonwealth of Virginia with the City of Roanoke as the largest city west of Richmond. Roanoke serves as the region's education, medical, shopping, and cultural hub, anchoring Virginia's Blue Ridge. Built upon success of the growth in the rail industry, Roanoke grew very rapidly in the 19`h and early 201h centuries. After a period of economic challenges, Roanoke is experiencing a rennaisance built upon the strengths of medical research and care, technology and advanced manufacturing. Recent economic growth, a vibrant downtown, unparalleled outdoor amenities and numeorus arts and cultural offerings have led Roanoke to national recognition. Population Estimate (2019) — 99,348 Median Age — 38 with 7% under 5 years of age and 16% aged 65 and older. Race — 63% of the current population is White alone, 30% Black or African descent alone, and 6.3% Hispanic or Latino. Households and Income —There are 42541 households in Roanoke with 47,011 housing units with a median value of $158,800. 52% of the homes in Roanoke are owner - occupied. The 2018 Median income is $43,028 with 20% of the population living in poverty. 86% of the adults in Roanoke are high school graduates or higher. Industry & Business - There are 3,132 business establishments in Roanoke employing 68,842 with a total annual payroll of $3 billion. Health care and social assistance is the largest employment sector in Roanoke accounting for more than 12,000 jobs. There are currently more than 100,000 students pursuing degrees at 25 colleges and universities located within the greater Roanoke region. R Roanoke Community Vision The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge Strategic Areas of Importance This vision is pursued by focusing on seven areas of strategic importance Education Community Safety Human Services Infrastructure Good Government Livability Economy The City Council expects that as a City we will act on each of the strategic priorities grounded in the following: Equity — Access to equal opportunity for successful outcomes for all, regardless of location, race, sexual orientation, gender identity or ability Community Engagement & Inclusion — Intentional involvement of citizenry in the direction and actions of their government Healthy Outcomes — Physical and social environment that promotes healthy outcomes for all residents regardless of their location Creativity — Innovation in programming and addressing opportunities and confronting challenges A Education Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement Path to Results We will join our community in ensuring access to educational opportunities through the course of each individual's life. We seek to help develop successful students and productive and educated adults, prepared to succeed to the full extent of their abilities. Early Learning and School Readiness — we will invest time, money and resources in preparing children to read proficiently by the end of the third grade. Support of K -12 Educational Program — we will invest time, money, and resources in ensuring Roanoke City Public Schools are able to provide the facilities, curriculum and teachers necessary to deliver quality educational programs. Preparation for Post High - School Success — we will work with the community to identify and support programs and initiatives that equip students to succeed beyond high school, whether their path leads them to college, a trade or vocation, or community service. Adult Learning — we will invest time, money, and resources in opportunities for adults to continue to learn to enhance skills, broaden their general knowledge or further their creativity. 01 Indicators We will determine success by: Improving PALS Scores; Securing and Maintaining Accreditation for all public schools; Improving Graduation Rates; Improving Student Learning Outcomes; Increased Adult Learning Opportunities; Increasing Workforce Participation Rate; Increasing Percentage of residents with post- High - School Education /Certification. 10 Community Safety Foster a community where citizens feel safe and they and their property are safe in their homes, businesses and neighborhoods Path to Results We will ensure that our community comes together to plan for and to the extent practical, prevent harm from manmade and natural risks. We will take steps to ensure our homes, businesses, public places, streets and neighborhoods are safe and desirable places to live, work and play. Together we will ensure that when a response is necessary it is done in as efficient, fair and appropriate manner as practical. Prevention — We will invest the time, money and resources necessary to ensure that, to the extent practical, harm to property or persons is prevented through the use of programs, education, and code and law enforcement and addressing underlying causes including poverty, trauma and inequity. Responsiveness — We will maintain the equipment and personnel necessary to meet or exceed established national standards related to response time for public safety and ensure our resources and services will be delivered in an equitable and just manner. Communication & Engagement — We will invest the time, money and resources necessary to ensure the ability to reliably communicate to and engage with the general public, between staff locally and throughout the region during routine business operations and, in times of emergency response. Quality of Standards and Laws — We will ensure that our codes, practices and policies are consistent with recognized best practices and are legally sound. 11 Indicators We will determine success by: Accreditation by recognized national or regional organizations will be secured and maintained by departments /divisions engaged in delivery of public safety services; ISO ratings of the highest level will be secured and maintained by the departments /divisions engaged in delivery of public safety services; Public Safety services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Crime statistics will be actively monitored and reported and demonstrable improvements in all areas over time will be secured; Fire -EMS performance statistics will be monitored and reported to show level of service compared to established performance targets. 12 Human Services or Foster a caring community that uses an equitable, regional and collaborative approach to encourage preventative measures, intervention services, and self - sufficiency while providing a social safety net for citizens Path to Results We will unite public and private institutions as a caring and compassionate community assisting individuals and families to achieve self- sufficiency and live healthy lives. We maintain a commitment of focusing on prevention and the provision of information and, where necessary and when appropriate, in the delivery of compassionate services grounded in fairness, equity, and accountability Prevention — We will invest the time, money and resources necessary to prevent poverty, promote self- sufficiency, promote positive youth development, and promote healthy and safe neighborhoods. Intervention — When appropriate and necessary, we will intervene in situations through early identification of need, using a holistic approach that involves the family and support the deinstitutionalization of individuals — integrating citizens back into society. Caring Community — Through direct involvement with those impacted we will foster positive relationships and empower them to succeed to the best of their abilities and circumstances. 13 Accessibility to Services — We will ensure those who live in our community are aware of the resources available to them and will ensure our services are delivered in an efficient and effective manner. Indicators We will determine success by: Demonstrated compliance with all applicable laws and regulations that govern the delivery of health and human services; Human services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis, Improved demographic and socio- economic trends such as rates of poverty, number of homeless, service recipients, deaths due to overdose, etc. 14 Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities Path to Results We will work to ensure the facilities, equipment, materials, and services that are necessary to ensure the communication, mobility, life- safety, recreation, and basic needs of our individuals, families, businesses, and visitors are provided and maintained in a manner that contributes positively to safety, livability, and economic advancement Environment — We will work locally and regionally to ensure the quality and sustainability of our natural resources and features with a particular emphasis on clean air and clean water. Buildings, Parks and Greenways — We will work locally and regionally to deliver buildings, parks and greenways that are functional, accessible, and sustainable, and that can be operated in an efficient manner. Transportation — We will ensure our transportation network enables a full -range of mobility options that are delivered, maintained and operated in an efficient manner. Equipment and Vehicles — We will ensure that the equipment and vehicles we use to deliver our services are safe, well- maintained, procured and operated in an efficient manner. Technology — We will ensure that the technology we use to deliver services and to communicate to and engage with our community is functional and reliable, and is procured and operated in an efficient manner supporting businesses processes and community needs. 15 Indicators We will determine success by: Demonstrated compliance with all applicable laws and regulations that govern infrastructure assets and natural features; Infrastructure - related items /services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis, Accreditation by recognized national or regional organizations will be secured and maintained by select departments /divisions engaged in delivery of infrastructure services. 16 Good Government F Provide exceptional and competitive government services that are collaborative, transparent, responsive, and innovative Path to Results We will, on behalf of our citizens, provide top - quality services and programs that are cost - competitive and responsive, efficient, collaborative, and transparent. We will build a culture around honesty, respect, responsibility, teamwork, diversity and inclusion that address the challenges and opportunities of the 215` Century Effective Leadership — Through collaborative and visionary leadership, we will set clear direction and high expectations for Roanoke based upon Council priorities. We will emphasize strategic vision, responsiveness, results, accountability, and adherence to clear values in the delivery of our services. High- Performing Employees — Our employees understand how their actions contribute to the City's vision and strategies and are committed and motivated emotionally and intellectually, to provide their best service. Our organization provides the clear direction, resources, and opportunities for our employees to excel in what they do. Efficient and Effective Operations — We acknowledge we are stewards of the public's resources and therefore seek to deliver community services in a cost - competitive manner, requiring the least amount of time and effort necessary. We will seek partnerships, relentlessly and continuously pursue service improvements and efficiencies, and strive to implement best practices on behalf of our community. 17 Responsible Financial Management — We will ensure sound management of revenues, expenditures and assets, in a strategic, coordinated and deliberate manner aligned with generally accepted and best practices, Council priorities, and the needs of the community. Valued, Engaged & Informed Community — We believe a successful City values an active and engaged citizenry in the conduct of its government. We will ensure community members are informed and offered opportunities for engagement as policies and actions are formulated and services are delivered. Indicators We will determine success by: Demonstrated compliance with all applicable laws, regulations, and policies that govern financial management; Overall City governance will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Recognition by national or regional organizations secured and maintained for application of innovative approaches and best practices; Improved employee satisfaction and retention /advancement; Increased utilization of engagement opportunities by residents and businesses. irginia 2019 Winner Ail - America City all of Fame Award Civic League 18 Livability Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, learn, work and play Path to Results We will collaborate with others in our region to ensure Roanoke retains a quality social, built and natural environment making it a vibrant place to live, learn, work, play and visit. We will ensure Roanoke remains a desirable place to invest in, whether as a homeowner, business owner, client, or tourist Attractive Community — Together with the community, we will work to foster pride in home and business ownership working to ensure our neighborhoods, business corridors, and districts remain safe, clean, diverse, and attractive, and encouraging continued pride and investment. Accessible and Inclusive Community - We will ensure that public transportation, bicycle facilities, and pedestrian ways are convenient and safe, and provide mobility options and ease of connection between our neighborhoods, with our public spaces and throughout the region. Quality Amenities — We will collaborate with others to provide activities, facilities, and exhibits that encourage active living and foster cultural awareness. We will ensure the protection of unique community assets and natural resources found within our City. 19 Indicators We will determine success by: City's desirability as a place to live, operate a business, or visit will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Recognition by national or regional organizations, secured and maintained for application of innovative approaches and best practices; Increases in population, number of visitors, home ownership, home value, and participation in events. 20 Economy N_A.._ . NOW MFI Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, recognizing our role in both the regional and global economies Path to Results We will collaborate with others in the region and State to ensure the continued economic vitality of Roanoke and its place as the region's center of economic activity. We will emphasize the development of individuals' skills and abilities, development of unique economic assets, the promotion of economic assets that afford us a competitive advantage and the development of business opportunities Workforce Development — Together with others in the community, we will ensure our workforce is prepared to productively contribute to the local economy and better the lives of themselves and their families. We will seek to attract and retain talent, expand employment opportunities, raise awareness of job and business opportunities, and attract higher -wage opportunities to Roanoke. Asset Development — Together with others in the community, we will build upon existing natural, cultural, structural, and leadership strengths creating an economic environment that capitalizes upon our uniqueness and creates opportunity for the generation of wealth — personal, business, and community. Business Development — We will collaborate with others throughout the region to make Roanoke as attractive as possible for investment by individuals and businesses by ensuring regulatory and business processes are responsive, regional partnerships are fully embraced, business incentives are used strategically and a responsible tax structure is maintained. We will 21 continue to ensure Roanoke remains a vibrant and attractive portion of Virginia's Blue Ridge for visitors and guests. Asset Promotion — We will collaborate with others throughout the region to curate and nurture an authentic and representative brand for Roanoke and the region, and will ensure access to trusted and reliable information about the benefits of living, visiting, and doing business in Roanoke. Economic Inclusion — We will remove barriers and pursue opportunities to ensure all individuals, families and businesses in our community have equitable opportunities for economic success. Indicators We will determine success by: Increases in tax revenue, number of jobs, occupancy rates, number of visitors, and decreases in poverty and unemployment rates. 22 Organizational Response The City Government will respond to each of the priorities, take action and deliver services aligned with the following core values: Integrity and Honesty Diversity and Inclusion Respect for Others Listening and Communication Continuous Improvement Accountability Organizational Framework Pursue long -term, high- impact regional change — make the Roanoke region the premier place to locate, stay and visit Build strength from within — enable the success of residents, families, and businesses regardless of their physical location within the City Strategies Prioritize — Focus time, money, and attention Take Strategic Action — everything should progress toward objectives Seek and Enhance Collaborative Partnerships —we cannot and should not do this alone Innovate — Encourage new ideas, new approaches and new partners Empower Organization — free up talent, time, money, and resources As an organization, we will do this within a culture where all employees are leaders oriented toward results and positive outcomes, where organization and community assets meet or exceed recognized standards and where the services provided are recognized as "best in class." As departments, we take action and deliver our services guided by our Departmental Service Plans and secure the necessary resources by budgeting for the intended outcomes. As individuals, we perform in accordance with our personal development and operational goals established annually. 23 r 24